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HomeMy WebLinkAbout416140 BEITZ TRUCKING LLC - PURCHASE ORDER - 3214403PO PURCHASE ORDER 321440er Page C117/ of PURCHASE 3214403 1 of 2 t Collins lins This number must appear ` v ` 1 1�7 on all invoices, packing sli s and labels. Date: 07/24/2014 Vendor: 416140 STEVE BEITZ TRUCKING LLC 4640 E COUNTY RD 66 WELLINGTON CO 80549 Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 06/25/2014 Buver: 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 Extended Ordered Price 1 2014 CONTRACTUAL per terms and conditions of bid 7355 crvl P14 r City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul 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 1 LOT LS 30,000.00 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 1. COMAIERCIALDETAILS. Tax exemptions. By satme the City of Fort Collins is exempt fear state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tan Exemption Certificate of Registry 84-6o0o587 is registered with the Collector of Internal Revenue, Deaver, Colorado (SOL. Colorado Revised Sources 1973, Chapter 39-26,114 (a). Goads Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in uansi,, may he mused ao you for credit and are nor to he replaced except upon receipt of written instructions fee the City of Fon Collins. Inspection GOODS care fill to the City of Fon Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response m this order can result in authorized payment on the pan of the City of Fort Collins. However, it is in be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable re,marl inspection procedures. Freight I arm Shipments must he F.O.B., City of Fort Collins, 900 Wood St,. Fon Collin, CO 80522. unless otherwise spsFified on this order. If permission is given to prepay bright and change separately, the original freight Fill must neemmrra or invoice. Additional Flowers for nackine will not be evemred. Shipment Distance. Where manufacturers have distributing points in writes. pans of the country, shipment is expected from the narest distribution Point to destination, and excess freight will be, deducted from Invoice whir shipments are made from greater distance. Permits. Seller shall procure at sellers sale cost sell necessary permits, ceaificmes and licenses required by all applicable laws, regulations, ordinances and rules of the sate, municipality, ratiory or political 9ubdivieion where the work is performed, or acquired by any other duly constituted public authority having jurisdiction over the work of veadur. Sella farther agrees to hold the City of For Collins harmless from and against all liability and loss counted by them by reason of can tarter or established violation of any such laws, regulations, ordinances, mles and requirement. Authorization. All parties to this contract agree that the repreummives are, in facq bona fide and possess full and complete authority an bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits accapagce to the teams and conditions smmd herein set forth and any supplementary or additional team and conditions armexed hereto or malformed herein by refeaence. Any additional or different team and conditions reviewed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you career make complete shipment to arrive on your promised delivery dam os noted. Time is of the angina. Delivery and performance must be effected within the time stared on the purchase order and the documents etched human. No was of ❑e, Purchasers including, without limitation, acceptance of partial late deliveris, shall amme as a waiver of this provision. In the event of any delay, the Purchaser shall have, in eddition to Fore, legal and animate remedies, the option of placing this order elsewhere and holding the Seller liable fir damages. However, the Seller shall not be liable far damages as a result of delays due to causes rot maurmbly foreseeable which nee beyond its reasonable congeal mad without is fault anegligerae, such act, ofGed, acre of civil or military, authorities, govemmmtal priorities, fires, stakes, flood, epidemica, wars or net provided tar reties of the conditions causing such delay is given an the Purchaxr within five (5) days of the ,run when the Sella rat received knowledge thereof. In the ev,a, army such delay. the date of delivery shall ba extended for the period equal to the time acridly Ian by reason of the delay. 3. WARRANTY. The Seller wgFww that all goods, articles, maenads and work covered by this order will conform with applicable drawings, spetificatiom, samples end'or other descriptions given, will be 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 been any loss, damage or expense which the Purchaser may suffer or incur on account of re Sellers breach of warranty. The Seller shall replace, repair ar make Road, without cost to the purch asset any defects or faults arising within one (I) year or within such longer Fraud of time as may he prescribed by law or by the team of any applicable waran, provided by the Seller after the data of acceptance of the goods famished hereunder pareptanea not be unreasonably delayed), resulting from imperfect or defective work done car materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend m all 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 lass Of use. NO IMPLIED WARRAN rY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaer may make changes in legal teem by written change order. 5. CHANGES IN COMMERCIAL TERMS. The purchaser may make any ch nger to the terms. Ober than legal terms including additions to or deletions from the quantities originally ordered in the spaificaauns or drawings, by verbal or writtm change order. If any such change affect the amount due or the time ofperformanm hereunder, an equlable adjtntmrnt shall h made. 6. TERMINATIONS. The Purchaser may at any time by wrown change order, terminate this agreement as m any or all portions of the goods then not shipped, subject to any cquiable adjmtment baween the parties as ro any work or materials then in peugress provided that the Purchaser shall rot be liable for any claims for anticipated profit on tar uncompleted portion of the goods rnNor mark, for incidental or coma corral damages, and out an such adjustment be made in favor of the Seller with Farmer to any goods which art the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligmiow u to any goods delivered hereunder. y. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be warned within fury (30) days over are date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goads sold hereunder shall have been produced, sold, delivered and fumishad in sneer compliance with all applicable laws and regulations to which the goods are subject, The Seller shall execute and deliver such documents OF may be required or effect Or evidence compliance. All laws end regulating, required to be incorporated in agreements of this character are hereby in mpoested herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all cuss and damages suffered by the Purchaser as a aught of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this Order, or any monies due Or m become due hereunder without the prior written cement of the other pony. 10. TITLE. The Seller warrants full, clear and constricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, reach iorm, reservations, security interest meumbmnces and claims of others. H. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms am conditions hereof, failure or delay to exercise any rights or remedies provided herein Or by law, failure to promptly notify the Seller in the event of a breach, the ecaptmmc of or payment for goods hammer or approval of the design, shall not release re Seller of any office warranties or obligations of this purchase order and shall not be declared a waiver of any right of the purchaser to insist upon stria performance hermfa, any, of its rights car remedies as to any such grads, regardless of when shipped, received or accepted, as to any Prior or subsequent default har abler, not shall any purported oral modification or remission of this purchase order by the Purchaser operate aw a waiver of any of the terns hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller aM are Ruchssa recogaiae that in actual aumarnme practice, overcharges resulting resulting from .,hula violations arc in fact same by the purchaer. sThaarof , fa&ood arse and as consideration for executing This purchase order, are Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state rumored laws for such overcharges relining to the particular guest or services purchased or acquired by the Purchaser program to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. I Do, Porchoser directs the Sella to correct nonconforming or defective goads by a date to he ngrted upon by the Purchaser and the Seller, and the Seller thermRer indicates its inability or unwillingness to comply, the Purchaser may cause the work to be perforated by the most expeditions means available to it, and the Seller shall pay all cost aseciated with such work. The Seller shall release the Trachoma, and its et minor, of any lie, frum all liability and claims of any nature resulting from the performance of such work. T his release shall apply even at the event of fault of negligence of the party releamd and shall extend to the faccmrs, officers and employees ofsuch parry. ']be Settees contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed o, caused to be performed by r, Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, pamm, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of are use of such Farmed design, device, material or process in connection with the contract, and shall indemnify are Purchmer for any cos, expense or damage which it may he obliged to pay by rtzson of such infringement at any time during are prosecution or after are completion of the work. In case said artipmen, or any pan thertofor the intrndcd use ofthe goods, is in such Bair held to constitute infringement and the use of said equipment OF pan is enjoined, the Seller Shall, M it own expense mad at its option, either procure for am Financier Be right to continue acing said equipment or pars, replace re same with substantially equal but neninMnging attainment, or modify it so it becomes noniaGrnging. 15. INSOLVENCY. If re Sella shall became imohen, m baname al oak, an assigntocnl far am benefir of credimrs, appoint a raeiver or uustee for any of the Sellers property or business, lhis order army forthwith be canceled by re Purchaser without liability. 16. GOVERNING LA W. The deFor iii.. of terms read or the interpaeotion of re agreement and the rights of all ponies hem order shall be, construed marks and g .,d by the laws of the Sure of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Repm,cnmtivc(s), on the premises of.al ers, 17. SELLERS RESPONSIBILITY. The Seller shall may no mid work at Sellers ram ask until re same is fully completed and accepted, and shall, in u of any accident, destruction or injury to re work andtor mutants before Seller's firel completion and acceptance, cumplem ,he .,it at Sellefs own expense and to the satisfaction of the Purchaser. When materials and egripmeat are Famished by others for installation or erecting by the Seller, the Seller shall receive, unload, store and handle same or are site and biome responsible therefor ra though such materials rawer equipment were being famished by the Sella under the order. 18, INSURANCE. The Seller shall, car his awn expense, provide for the payment of workers courpra aion, including occupmiomal disease retain, to it employees employed on or in cormletion with the work covered by this purchase order, anaVor to their dependent in accordance with the laws of the state in which the work is to he done. The Seller shall also carry comprehensive general liability including, but not limited lo, contractual and automobile public liability insurance with bodily injury and death firm, of at IF. $300,00o for any one person SSoo,o00 for any one accident and property damage limit per accident of S400,000. The Sella shall likewise require his contractors if my, to provide for such compensation and inures. Before any of are Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such mmpewtion and insurance have ban provided. Such certificates dull specify are date when such compensation and insurance have been provided. Such certificates shall specify the dam wheat such compassion firm insurance expires. The Seller ogrees that such compensation am irouoocr stall her maintained until afta the entire work u completed and occupied 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind an nature whomever to persem or property caused by or resulting from are exmtion Franc work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold hamtess are Parcbnser aria any r ell of To Purchasers officers, agents and emit%erns farm and against any and all claims, lasso, damages, charges or expenses, whether direct or indirect, and whether to persons or pepeny to which re Purchaser may he put or subject by reason of any act, acing, neglect, omission or default on the pan of the Seller, my of his contractors, or any of re Sellers or tomorrow oRcers. agent or emplayees. In aw any suit or other proceedings shall be brought against the Pomhasa, or in 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 contractors or any of its Or their officers, agents or employees in aforesaid the Sella hereby agrees to assume the defense thereof and to defend the sans at Be Sellers awn expense, to pay any and all costs, charges, mtomeys fees and other expenses, any and all judgments that may be incurred by or obtained operator the Purchaser or any of its or their Officers, agents or employees in such suit or other proceedings, and in case judgment or other lien be placed upon or owned against the property of ane Purchaser, or said ponies in or as a result of such suits or other proceedings, the Seller will at once cause re same to be dissolved and discharged by giving band or otherwise. The Seller and his contractors shall lake all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all ales and regulations issued pursuant thereto. Revised 07n014