HomeMy WebLinkAbout463897 HENRY HERSH TRUCKING INC - PURCHASE ORDER - 9122613PURCHASE ORDER PO Number Page
City Of/� 9122613 1 of z
Flirt ■ OI lins This number must appear
,t—J`_' ` Collins �7 on all invoices, packing
slips and labels.
Date: 0510412012
Vendor: 463897 Ship To: STREETS DEPARTMENT
HENRY HERSH TRUCKING INC CITY OF FORT COLLINS
202 E VINE DR 625 NINTH STREET
FORT COLLINS Colorado 80524 FORT COLLINS Colorado 80524
Delivery Date: 05/03/2012 Buyer:
JOHN STEPHEN
Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS
AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR.
DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE
TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES.
Line Description Quantity UOM Unit Price
Ordered
Extended
Price
2012 CONTRACTUAL 1 LOT LS
3,000.00
PER TERMS AND CONDITIONS OF BID 7355
2 Contractual Labor 1 LOT LS
3,000.00
Total
$6,000.00
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill ll, CPPO
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com
Invoice Address
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
I. COMMERCIALDETAILS.
Tax exemptions. fly .stihM the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
98-0-1501. Federal Exoise Tax Exemption Certificate of Registry 84-6000597 is registered with the Collector of
Internal Revenue. Denver, Colorado (Ref. Colorado Revised Smmms 1973. Chapter 39-26. 114 (a).
Goods Rejected, GOODS REJECTED due to failure I. meet specifications, either ,he. shipped or due m defects of
damage in transit, may be rctumed to you for credit and arc not to be mplaced except upon receipt of written
instruction, from the City of Fen Collins.
Inspection. GOODS am subject to the City of Fort Collins inspection Pannier].
11. NONWAIVER,
Failure of tc Purchaser In insist upon strict perfarmance of life terms and conditions hereof failure or delay to
exercise any rights or remedies provided herein or by lam, failure to promptly notify the Seller in the event of a
breach, the acceptance of or payment for goods hercander or approval ofthe design, shall ant release the Scllcr of
anv of the a mmanties or obligations of this purchase order and shall not he deemed a waiver of any right of the
purchaser to insist upon strict performance herenforany of its rights or remedies as to anv such goods, regardless
of when shipped, received or accepted, .re to any prior or subsequent default hereunder, nor shall any purported
oral modification or rescis,inn of this purchase order by the Purchaser operate as a waiver of any of the terms
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fort Collins. flnwevcr, it is to he understood that FINAL Seller and the Purchaser recognize that in actual ,amend, practice, overcharges resulting from antitmsl
ACCEPTANCE is dependent upon completion ofall applicable required inspection proadams. viclafluma are in fact home by the Purchaser. Theminforc, for gond cause and as consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Teats. Shipments most be F.O.H„ City of Fort Collins, 7M Wood St. Fitt Collins. CO R05:2. unless acquired under federal or state antilntst laws for such overcharges rectum, to the particular goods or services
othcnvim specified on this order. If prnnission is given to prepay freight and charge separately, the anginal freight purchased err acquired by the Purchaser pursuant to this purchase order.
bill must accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS,
Shipment Distance. Where manufacturers have distributing points in various pans of the cotmtry, shipment is If the purchaser directs the Seller In correct nonconforming or defective goods by a date to he agreed upon by the
expected From the nearest distribution point to destination. and exec,, freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser
shipments are made from greater disa irc. may cause the work to be performed by the most expeditious memo mailable to il, and the Seller shall pas, all
costs esaickmed with such work.
Permits, Seller shall pmeurc at Scllcr, sole cost all necessary permits, certificates and licenses requital by all
applicable laws. regulations. ordinances and roles of the state. municipality, territory or political adalivision where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fon Collins hamle, s form and against all liability and loss
inmumd by them by reason of in a ocncd or established violation of any such laws, regulations, nnlimma,. talcs
and requirements.
Authorization. All panics to this contract agree chat the representatives arc, in fact. bona fide and possess hill and
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance In the terms and conditions stated
hacin set forth and any supplementary or additional Janus and conditions annexed hcleto or incorporated herein by
reference Any additional err different teats and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
premised delivery date as noted. Time is ofthe essence. Dclivery and performance must be effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation. acccptnncc nfpanial late deliveries, shall opcmte as a waiver of this provision. In the event of nary dclev,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this under cl,cwhcrc
and holding the Seller liable for damages, However, the Seller shall not be liable for damages as a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault nfnegligcnec,
such act, of Gm . acts of civil or military authorities, govommental prinnties, fires, strike, Road, epidemic, oars or
riots provided that police of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof, In the event of any such delay, the date o(delivay shall be
cstcnded for the period equal to the time actually lost by reason ofthe delay.
3, WARRANTY.
The Seller variants that all goods. articles, materials and work covered by this order will conform ,ill, applicable
dmvines specifications..amplcs and/or other descriptions given, will he fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold the purchaser harmless from any loss, damaec or expense which the
Purchaser may suffer or incur on account ofthe Scllcrs breach of,amnty. The Seller shall repinee, repair or make
grrtW, without tat to the purchasrr, any defects for faults arising within one (I) year or within such longer paiml of
time as may be prescribed by law or by the term ofany applicable warranty provided by the Seller after the date of
acceptance ofthe gonad furnished hercunda (acccptnncc not to be unreasonably delayed), resulting from imperfect
or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver ofany claim under this wrot my. fseept as otherwise presided in this purchase order, the Sellers
liability hereunder shall extend to ail damages proximately caused by the breach of any of the Foregoing warranties
or guarantees. but .such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms other than legal tcrnrs, including additions to or deletions firearm
the quantities origiradly ordered in the specificaiom or dmavings, by verbal or written change order. If anv such
change affects the amount due or the time of performance hereunder, an equitable adjustment shall be mn lc.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the
d to then not shipped, subject any equitable adjustment bemeen the parties as to any work or materials then in
prrgmss provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the gnarls and/or work, for incidental or consequential damages, and that no such adjustment he made in
favor of the Sella with respect to any goods which are the Sellers standard stack. No such termination shall relieve
the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjusment must be as,cncd within thine (30) days form the date the change or termination is
ordered.
A. COMPLIANCE WITH LAW.
The Seller wamn , that all good sold hereunder shall have been produced, sold, delivered and furnished in strict
compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and
deliver such doeamems is may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character arc hereby incorporated herein by this reference. The Sella agrees to
indemnify and held the Purchaser hamlet foam all cost, and damages suffered by the Purchaser as a result of the
SCIIcrS failure to comply,'ilh such law.
% ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior,rincn consent of the other party.
10. TITLE.
The Seller avarmnts fall, clear and unrestricted title to the Purchaser far all equipment, matcriala, and items furnished
in performance of this agreement. free and clear of any and all liens, restrictions, reservations security interest
cncumbrances and claims ofethem,
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature
resulting front the performance of such work.
This release shall apply even in the evem of fault of negligence of the party released and shall extend to the
duarro. officers and employees of such party,
The Seller's contractual nbligation,, including u:nremy. shall not be deemed to be reduced. in any way, because
such work is Performed or caused to be performed by the Purchaser,
14. PATENTS.
Whenever the Seller k required to use any design, device, mmcrinl or process covered by Inners patent, trademark
or copyright, the Seller shall indemnify and save lumlcss the Purchaser from any and all claims for infringement
he reason of the use of such patented design, device, material or princess in connection with the contract, and
shall indemnify the Purchaser for any cost. expense or damage which it may be obliged to pay by reason ofs tch
infringement it any time during the prosecution or after the completion ofthe work. In case said equipment, or
any part thcrcof or the intended use of the goods, is in such suit held to constitute infringement and the use of
saiA equipment or pan is enjoined, the Sella shall. at its non expense and at its option, either procure for the
Purchaser the right to continue using said equipment or pans, replace life same with substantially equal but
mninfringing equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall brain,, insolvent or bankrupt, make in assignment for the benefit of creditors, appoint a
rocenor or trustee for any of the Sellers property or business. this order may forthwith he canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The dcfinifion, of Icrms used or the interpretation offl c agreement turd the rights ofell parties hereunder shall be
eonslrusvl under and governed by (lie laws of the State of Colnnda, USA.
The following Additional Condition, apply only in eases where the Seller is to perform work hereunder,
including the services of Scllcrs Rcprescntotive(s), on the premises afothcr,
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the same is fully completed and necepted. and shall,
in case of any accident rest fiction or injury to the work and/or materials before Scllcrs final completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of life Pumhn,cr. \lnccn nmterials
and equipment rife Furnished by others for installation or erection by the Seller, the Seller shall receive, unload,
store and Imndle ,ant at the site and become responsible therefor as though such materials and/or equipment
were being furnished by the Sellatrader the order.
IR. INSURANCE.
The Seller ,hall, at his own expense, provide for the payment of oorkers compensation, including occupational
disease benefits to its employee, employed on or in connection with the work covered by this purchase order.
and/or to their dependents in accordance with the laws ofche state in which the and, is to be done. The Seller
shall also carry cmmprchensivc general liability including, but not limited to, conrraetunl and automobile public
liability insurance with bodily injury, and death limits of art least 5300,000 far any one Person. 5500.000 for any
one accident and property damage limit per accident of S400,000. The Seller shall likcavisc require his
contrnclor.,, if any, to provide for such compensaion and insurance. Before any of the Sellers or his contractors
employee shall do anv work no, the premises of olhers. the Seller shall furnish the Purchaser with a certificate
that such compensation and insurance have been provided. Such certificates shall specify the date when such
compensation and insurance have been provided. Such ecnifieaces shall spaini the dace when such compensation
and inmmnee espiren, The Scllcr agme, that such compensation and insurance shall he maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Scllcr hereby.seas..,, the entire responsibility and liability for any and all damage, to,, or injury of anv kind
or nature whmsocver to persons or prnpcny caused by or resulting from the cxcanion ofthe work provided for in
this purchase order or in connection herewith. The Seller'rill indemnify and hold harmless the Pu chaser and any
or ill of [lie Purchasers offieete. agents and employees from and against are and all claim,, losses. damages.
chnrgis or expenses, whether direct or indirect, and whether In persons or property to which the Purchaser may
be put or subject by reason of any act, action, neglect, omission or default on the part ofthe Scllcr, any of his
contractors, or any of the Sellers or contractors officers, agents or employees. In ease anv suit or other
proceedings shall be brought against the Purchaser. or its officers, agents or employees at any time on account or
by reason of any act, action, neglect, omission or default of the Seller of any of his contactors or any of it, or
their officers, agents or employees as aforesaid, the Seller hereby agrees In assume the defense thereof and to
defend the same at the Sellers own expense, to pay any and all costs, charges, amomcys fees and other expenses.
any and all judgments that ntey be incurred by or obtained against the Purchaser or unv of its or their officers.
agents or employees in such suits or other proceedings. and in ease judgment or other lien he placed upon err
obmincd against the property of the Purchaser, or said panics in or as a result of such suits or other puracilings.
the Seller will at once cause the same to be dissolved and discharged by giving bond or mhermise. The Seller and
his contractors shall mkt all safety precautions, furnish and install all guards necessary for to prevention of
accidents, comply with all laws and regulmumv with regard to safety including. but without limitation, the
Occupational Safety and Health Acl of 1970 and all odes and regulations issued pmrsmant Ihcrelo.
Revi,ed 03/2010