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HomeMy WebLinkAbout416140 STEVE BEITZ TRUCKING LLC - PURCHASE ORDER - 3215115Fort Collins Date: 01/0912015 Vendor: 416140 STEVE BEITZ TRUCKING LLC 4640 E COUNTY RD 66 WELLINGTON CO 80549 PURCHASE ORDER PO Number Page 3215115 101`2 This number must appear on all invoices, packing sli i and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 01/09/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2015 CONTRACTUAL 1 LOT LS 50,000.00 per terms and conditions of bid 7355 and 7564 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. 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@fogov.com Total Pay terms net 30 days 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. COMMERCIAL DETAILS. Tax ensmptioo. By some be City of Pon Collins is exempt fmm sate and local taxes. Our Exemption Number is 98-0 502. Faderal Excise Tax Exemption Certificate of Registry g46000587 is registered with the Collator of Intcmal Revenue, Denver, Colorado (Ref. Colorado Revised Smmrea 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifiwtimss, either when shipped of due to defects of damage in memit may be returned to you for credit and are na m be replaced except upon mi of winter instructions from the City of Fon Collins. Inspection. GOODS arc subject m the City of Fmt Collins pupation oa arival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this mda can result In authorized payment an the pan of the City of Fort Collins. However, it is to be understand that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Tema. Shipments must be F.O.B., City of Fort Collins, 700 Woad Sr, Fan Collins, CO 80522, unless otherwise specified on this order. If pemission is given to prepay freight and charge separately, the original freight bill most accompany imon, Additional charges for Packing will not be named. Shipment Distance. Where manufacturers have d'unibuting points in various pens of be country, shipment u expected fmm the nearest distribution point m destination, and excess freight will be deducted fmm Invoice whim shipments art made Room grazer disume. Permits. Sella shall procure an sellers sole cosh all necessary pertains, certificates aid licmrus «paired by all applicable laws, regulations, ordirunca and mica of the sure, municipality, territory or political subdivision what the work is performed, or required by my other duly constituted public authority havingjurisdiction ova the work of vendor. Seller further agrees to hold the City of Fan Collins harmless fmm and against all liability and loss incurred by them by mason of m assured or established violation of any such laws, regulations, ordinances, mles and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess fall and complete authority to bind said parties. LIMITATION OF TERMS. This purehau Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplsmmmry or additional ono and condition annexed harm or incorporated herein by reference. Any additional or differenuema and conditions proposed by seller art objeded to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you moat make complete shipment to arrive on your Promised delivery Joe as noted -Time u ofbe esser <. Delivery urd peif.. mum be elTmted within the time sated on Ne purchase order and be documents attached hereto. No acts of be Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the went of my delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, be Seller shall mt he liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such acts of God, acu of civil or military authorities, governmental prior ies, fires, strikes, Good, epidemics, wars or Hats provided that notice of the conditions causing such delay is given Ina the Purchaser within five (5) days of the time when the Seller first received knowledge bemaf. In the event of any such delay, the date of delivery shall be extended for the period equal to Ne time morally lost by reason of the delay. 3. WARRANTY. The Seller warrants bar all goods, articles, materials and work covered by this order will common with applicable dmwings. specifications, samples stupor other descriptions given, will be fit for be pnuposn intended, and pert ed with be highest degree of rare and competence in accmdarue with accepted sa ndmus for wok of is similar canoe. The Seller agrees In hold the purchaser harmless firms my lass, donage or expense which the Purchaser may suf a at incur on account of the Sellers breach of aamanty. The Seller shill replace, repair or make good, without coma the puahau , my defcu or fmlts arising within one (I) year or within such longer period of time as may b, prescribed by law or by be tents of my ,Ii.blt wanmy provided by the Sella after be dam of acceptance of be good f ished hereunder fisamatrce not to be tuveasoobly delayed), resulting firm imperf t or defective work done in manerids fmished by be Sella. Acceptance or use of goods by be purchaser shill not comtimte a waiver ofany claim ands this warranty. Except as otherwise provided in this purchase arch, the Sellers liability hereunder shall extend to all damages proximately caused by be brunch of any of the foregoing wammies or gnamntees, but such liability shall in no event include loss ofpm0a or lass of use NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes m legal terms by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to be terms, other than legal terms, including additions to or dddions from the quantities originally ordered in the spaificatiom or drawings, by verbal or written change order. If any such change affects be amount due or be fime of perfomance hereunder, an equitable adjustment shall be made. &TERMINATIONS. The Purchaser may at any time by wrimat change order, teemivre this agreement as m any or It packs of the goods ben rat shipped, subject to any equitable djmtmmt between the i mlies m a any wok or mataiah ben in ,firmss Provided that the Purchaser shall not to liable for any claims for anticipated points our tM anamplead Famous of the goods anNor work, for incidental or consequential damages, and but to such sdjustmmt be made in favor of the Seller with respect to any good which arc the Sellers standard stock. No such termination shall relieve the Puchaser or the Seller ofmy of their obligations ss to any good delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assented within thirty (30) days from the dice the change or nomination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have ban produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the good are subject. The Seller shall exaute and deliver such documents o may be required m silence evidence compliance. All laws and regulations required to he n arrporeted in agreements of this character am hereby moan oreted herein by this reference. The Sella agrees to indemnify soul hold be Purchaser harmless fmm ill costs and damages suffered by the purthaur ed a result of the Sellers failure m comply with such law. 9. ASSIGNMENT. Neither parry shall assign, vamfer, or onvey this can, or my monies due m to become due hemwder without the prior written coment ofthe other parry. 10. TITLE. The Seller warrants full, dear and unrestricted title to be Purchaser for all equipment, musedals, and items famished in performance of this agreement, free and clear of any and all him, restrictions, reservations, savory interest enenmbmncn and claims of others, I I. NONWAIVER. Failure of be Purchanor b hoist upon inner performance of the Noss and wvditiom hereof, failure m delay to exercise any fights or remMies provided herein or by law, failure to promptly notify the Sella in the event of a breach, be acceptance of or payment for goods hereunder or approval ofh, design, shill not relcane roe Sella of my of be wammties or obligations of this purchase order and shall not nd dmnW a Waiver of any right of be purchaser to insist upon stria perf rmurce hereofor any ofits rights or remedies as to my such goods, regardless of when shipped, received or accepted, as to any prior or subsequent def rid, hereunder, nor shall any pmpmted oral modification or rescission of this purchase order by be Purchaser operate as a waiver of my of be terms hereof 12, ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser raognire rho in actual economic pound¢, overcharges resulting from mtboust violations are in fact home by the Purchaser. Theremfore, for good cause and as consideration for examing this ptmhow order, be Seller hereby assigns to be Purchaser any and all claims it may now have or hereafter natural order federal or state antitrust laws for such coermagn relating to be particular goods or services purchased or acquired by the Purchaser pursumt to this purehnu order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If be Purchaser diretts fe Sella ro mien mmonforming or detective goads by a date to be agreed upon by be Purchaser and be Seller, and lye Seller thereafter Indira ,, its mobility or unwillingness on comply, be Purchaser cosy muse the work in be performed by the mot expedin. moso available to it and be Sella shell Pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of my ties fmm all liability and claims of my nature resulting fora be perfoummoe ofsuch wok. This release shall apply wen in the evem of faulty of negligence of the party released and shall extend to be direcmrs, oRcers and employees ofsuch party. The Sellers command obligations, including ..my, shall non be deemed to be reduced, in any way, because such work is performed or caused to be performed by be Purchaser. 14. PATENTS. Whenever the Seller is required to vas my design, device, annual orpoucess covered by letter, patent, trademark r copyrigh4 be Seller shall indemnify and rave harmless the Purchaser form any and all claims for abrogation by reason of the use of such patented daigm device, material or process in connection with the contnxt, and shall inderruufy be Purchaser for my cost, expense or damage which it may b, obliged to pay by reason ofsuch infringmmnt at any time during the prosecution or afla the completion of be wok. In eau said equipment or any pun thereof or the intended use of the good, is in such suit held b comtimtc infringement soul the use of .,it gmpro mt or pan is enjoined, the Sella shall, at its own inmane and at its opcioa, either promo, for be Purchases the right to continue using said equipment or part; replan the same with subourroo lly al bur naninftiaging equipment, or modify it so it becomes noninGnging. 15. INSOLVENCY. If the Seller shall become insolvent or baWrmpn, At m assigmnem for the benefit of andimrs, appoint a rativa err Haslet for any of the Sellers p,,say or business, this order may forthwith be canceled by be Purchaser without liability. 16. GOVERNING LAW. The deductions oftems used or the incorporation ofhe statement and the rights of all parties hereunder shall b, consumed under and governed by the laws of the Sate ofColomdo, USA. The following Additional Conditions apply only in tests where the Sella is to Perform wok berennaa, including be services ofSellrn Represrnativc(s), can be premise ofomm 17. SELLERS RESPONSIBILITY. The Seller shill wcry on said wok at Sellers own risk until be same ex fully completed and accepted, and shall, in case of any accident, destruction or injury to be wok and/or materials before Sellers final completion ad acceptance, complete be work at Seller's own expense and m be satisfaction of be Purchaser. When materiels and equipment are f ished by others for mutation or enaction by be Sella, the Seller shall receive, unload, stare and handle same at the site and become ra viosible therefor as though such materials and/or equipment wine being famished by the Sella under be order. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compensation, including acupational disease benefits, to its employees employed on or in connection with the work covered by this purchase ordeq and/or in their dependents in accordance with the laws of the sate in which be work is to be done. The Seller shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with boJily injury and death limits of at least 5300,000 for any one person, 5500,00o for my one accident and property damage limit per accdent of S400,IM10. The Sella shall likewise require his cmtrwass. if ter. to provide for such compensation and inuamc. Before, any of Jac Sellers or his comactoes employees shut do my wok upon be premises craft be Seller shall famish be Purchase wily a certiftote but such commotion and insurance have been Provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such renifres shall specify the date what such compawtim and insurance expires. Tic Sella agrees that such compeer lion and insurance shall be maintained writ after be entire wok is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss at injury ofany kind r nanme wharsoever to persons or primary caused by or resulting from be execution of the work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Purchaser and any r all of be, Pufchasers oRcers, agents end employees boom and against any and all claims, lasses, damages, Charges or expenses, whether direct or indirect, and whether to persons or propary no which be Pu¢haaer may 4 put or subject by reason of any act, action, neglect, omission or default on the Pan of the Seller, any of his commcmrs, or my of be Sellers or contractors officers, agents or employees. In ou my suit or other proceedings shall be brought against be Purchaser, or its officers, agents or employees at my time an account m by reason of my act, action, neglect omission or default of the Sella of my of his contractors or any of its or their oRcers, agents or employs as aforesaid, be, Sella hereby agree to assume lye defame berm( and f defend the moue at fe Sellers own expense, to pay my and all ants, charges, roomers fees and other expenses, any and all judgments that may he irramed by or obufed agaiot the Purchase or any of its or bah otTcea, agents or employees in such stairs or other poteedings, and in ose judgment or other lien be placed upon or obtained against be popery of the Purchaser. or said parties io in as a result of such suits or other proceedings, the Seiler will at once come the some to be dissolved and d Isom M by giving bond or oticcrwiu. The Seller and his anumdoes shall take all safety precmtiom, famish and iraull all guard mcnary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limiation, be Occupational Safety and Health Act of 1970 and all miss and regulation issued parson thcrem. Revised 07/2014