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HomeMy WebLinkAbout490185 FOOTHILLS TRUCKING LLC - PURCHASE ORDER - 9122612Fort Collins Date: 05/04/2012 Vendor: 490185 FOOTHILLS TRUCKING LLC PO BOX 327 BELLVUE Colorado 80512 PURCHASE ORDER PO Number Page 9122612 left This number must appear on all invoices, packing slips and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET 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 Extended Ordered Price 2012 CONTRACTUAL 1 LOT LS 2,000.00 PER TERMS AND CONDITIONS OF BID 7355 2 Contractual Labor 1 LOT LS 2,000.00 3 Contractual Labor 1 LOT LS 2,000.00 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 II, 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 Tens and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By stall,. the City argon Collins is exempt from state and local fare,. Our Exemption Number is 98-04502. Federal Excise 'Fas Exemption Ccrfifieatc of Registry 94-000597 is rcFtstcrcd with the Collector of Internal Revenue Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet speei Geations. either when shipped or due to defects of damage in transit, may be recurred to you for credit and arc not to be replaced except upon receipt of written immuUtmas form the Ciw Of FOn Collins. Inspection. GOODS arc subject to the City of Fon Collins inspection on amval. 11. NONWAIVER. Failure ol'flue Purchaser to insist upon ,strict pafnrmanec of the Icons anal conditinns hereof. far lure or delay in exercise any rights or remedies pmvidcd hcrcin or bylaw. failure to promptly notify The Seller in the event of a breach. the acceptance of or payment for good hereunder or approval of the design, shall not release the Setter of any of the warmatics or obligations of this purchase order and shall nor be doomed a waiver of any right of the Purchaser to insist upon strict perfnrmanee hercofartme of its rights or remedies as to any such goods, regardless of when shipped, received or accepted. a, to any prior or subsequent default hereunder, nor shall any purported and tnndifc, Lion or rescission of this purchase order by the Purchaser operate as a waive of any of the terms hcrcnf. Final Acceptance Receipt of the merchandise, services or equipment in response to this order Can rwoll in 12. ASSIGNMENT OF ANTITRUST CLAIMS. muharized payment on the part of the City of Fort Collins. However. it is to be understood that FINAL Seller and the Purchaser recognize that in actual econamic practice, overcharges mewling Gorr antitmst ACCEPTANCE is dependent upon completion of all applicable required inspection procedures, violations are in fact borne by the Purchaser. Theretofore, for good 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 Terms. Shipments must be F.O.B., City of Fort Collins. 7M Wood St.. Fort Collins. CO 50522. unless acquired under federal or state antitrust laws for such overcharges relating to the urficalm- goods or services Otherwise specified on this order. If permission is given to prepay freight and charge separately, the Original freight purchased or acquired by the Pnrchnscr 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 manuf staters have distributing points in varinus pans of the country, shipment is little Purchaser directs the Seller to correct nonconforming or defective good., by a date to he agreed upon by the expected room the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser find the Seller, and the Seller Thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be perforated by the most expedcinus mean% available to it. caul the Scllcr shall pay UP costs associated with such work. Permits. Seller shall pmcurc at sellers sole crm all necessary permits, ecnificates and licenses required by all applicable Iays, regulations Ordinances and roles of the state. municipality, territory Or political subdivision where the work is performed. art regained by any Other duly constituted public authority having junsdietirn over the work of vendar. Seiler further agrees to hold the City of Fan Collins harmless form and against all liability and loss incurred by them by reason of an ntertcd art established violation of any such laws, regulations, ordinances, miss and requirements. Authotimaion. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the team and conditions stated herein set frnh and any supplementary or additional terms and conditinns annexed hereto or incorporated herein by reference. Anv additional or different terms and conditions proposed by seller arc objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date is noted. Time is of the essence. Delivery and performmce must be effected within the time stated on the purchase order and the documents attached hereto. NO eras of the Purchasers including, without liniation, acceptance of partial late deliveries, shall Operate as a waiver of this provision. In the event of any dclev, the Purchaser shall have, in addition to other legal and equitable mmcdics. the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damngcs as a rest])( Of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such act, ofG d. act, ofcivil or military authorities. governmental priorities, fires. strikes. Bolo, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days oftht, time when the Seller first received knowledge thereof In the event of any such delay. the date of delivery shall he extended for the period equal to the time actually lost by reason ofthc deay. 3, WARRANTY, The Seller warrant, that all goods, notches, materials and work covered by this Order swill confirm wish npplicnblc drawings, specifications, vcaplc% andlor other descriptions given, will he fit for the purposes intended, and perfomied with the highest degree circuit, and competence in accordance with accepted standard% for work off similar nature. The Seller agrees to held the purchaser harmless form any lose. damage Or cnpnisc which the Purchaser may suffer or incur on account of the Sellers breach ofwarranty. The Seller shall replace, repair or make good, without cat to the purchaser, any defects or faults arising within one (I) year or within such longer period of time a, name be prescnbcd by In, or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (amcplmcc not to be unreasonably delayed), resulting form imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim nmda this warranty. Exceptas otherwise provided in this purchase order, the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing ontmrums or guarantees, but such liability shall in no event include loss Ofpnfitx Of loss Of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. J. CHANGES IN LEGAL TERMS. The Purchaser may make chances to legal tams by wrinen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchascr may make any changes to the [cons. other than legal fee.,. including additions to or deletions from the quamitn, nnginnlly Ordered in the specuccurans or dew ings, by verbal or orincn change order. If any such change affects the amount due or the time ofpcernmmnce hereunder, an equitable ndjustmcnt shall he nude. 6. TERMINATIONS. The Purchascr may nt any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment betwamn the panics as to any work or materials then in progress provided that the Pumhaoer .shall not he liable for any claims for anticipated prnfits fin the unmmplcted portion of the good and/or work, for incidental or consequential damngcs, and that no such adjustment be made in favor office Seller w ith respect to any goods which are the Sellers start. rd stock. No such termination shall relieve the Purchascr or the Seller crony of fhcir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be issened within Ihinv (30) days from the date the change fir termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all goals sold hereunder shall hive been produced, sold, delivered and furnished in strict compliance with all applicable law, and regulations to which the goods arc subject. The Seller shall escnne and deliver such documents ns may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated heroin by this reference. The Seller agrees to indemnify and held the Purchascr hamtless from all cost, and damages suffered by the Purchaser ns a result of the Scllcrs failure to comply with such law. q. ASSIGNMENT. Neither party shall assign, transfer, or convey this Onde. or any monies due or to bceome due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment material, and items furnished in Perfomunce of this agreement free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of nthcrs. The Seller shall release the Purchaser and its contractors Oran, tier from all liability and claims of any nature resulting from the performance crouch work. This release shall apply even in the event of fault of negligence of the pztty released and shall extend to the directors, offccm and employees ofsuch pans. The Sellers contractual obligations. including wamnry, shall not he deemed to be reduced, in any way, hewuse smh work is,...formed or caused to he perfer... ed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or paces covered Iw Jena, patent trademark or copyright. the Seller shall indemnify' and ewe hamlcss the Purchaser from any and all claims for infringcmcnt by reason Of the use of such patented design, device. material or procc,s in connection with the contract, and shall indemnify the Pnrchnscr for any cost. expense or damage which it cane be obliged to pay' by reason of such infringement at any time during the pmsecurion or after the completion .(the work. In case said equipment, art any pact thereof or the intended use of the goods, is in Such snit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its am expense .and at its option, either pmcurc for the Purcha,cr the right to continue using said equipment or parts. replace (Ire same mill, suhaznrially equal but noninfringing cgnipmmot, or modify it so it becomes noninfrivgiag. 15, INSOLVENCY. If the Seller .shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business. this order may forthwith be cmeeled by the Purchase, without liability. 16. GOVERNING LAW. The definitions.fmmns rased or the inu rpretatinn Ofthc igrec anon and the rights of ill parties hereunder shall he congmzd ender and governed by the lays.fthc Slate of Colorado, USA. The following Additional Conditions apply only in woes %%here the Scllcr is to perform work hereunder. including the setsi¢s of Scllcrs Repmsentzlive(s), on the premises of Others. 17. SELLERS RESPONSIBILITY. The Seller shall eery on said work at Seller's men rick until the same is fall, completed and accepted, and shall. in case Of any accident, destruction or injury to the work and/or materials before Seller's fatal completion and acceptance complete the work at Sellers own cxpcnsc and to the satisfaction of the Pnrchnscr. When materials and equipment are furnished by mhcm for installation or erection by the Seller. The Seller shall receive, unhand, ,lure and handle same at the site and become responsible fl cteGu as though such materials and/or equipcaenr were being furnished by The Seller under the order. IS. INSURANCE. The Seller shall. at his own expense. provide for the payment of waders compensation, including occupational disease heneral. to its employee, employed on or in connection with the work covered by this purchase Order. and/or to their dependents in xecmdenm 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 to. contractual fact automobile public Fatality in with bodily aroury .and death limits ofal least S300,000 for any one peon, S500.006 for any one accident and property dmnnge limit per accident of S400,000. The Seller shill likewise require his cantneturs, if any. to provide far such compensation and insurance. Before any of the Sellers or hi, contract.,, employees shall domy work upon the premises of athecs, the Seller .shall famish the Pnrchnscr with a certificate that Stich compensation and insurance have been pmvidcd. Such certificates shall specify the date when such compensation and insurance have been provided. Such ecnifccocs shall spceiry the date when .such comp rroution and inntrenee expires The Scllcr agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PRO'I ECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr Imneby assumes the entire msponsibitiry and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons fir property cause(] by or resulting from the execution off is work provided for in this purchase order or in connection herewith. The Seller is ill indencaifv mad hold harmless the Purchaser and nay or all of the Purchasers officers. agents and employees from and against any and ill claims, losses, dnnmgec charge, or cxpcnsc,, whether direct fir indirect and whether to persons Or property to which the Purchaser may be pot or subject by reason of any net, action, neglect. omission or default on the pan of the Seller, any of his contractors, fir any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agems 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 as aforesaid, the Seller hereby agrees to assume the defense thereof and In defend the same at the Seller, own cxpcnsc, to pay any and all costs, charges, attorneys fees and other cxpcnsc, any and all judgments that may be inentred by or obtained against the Pnrchnscr or any of its or their officers. agents or employees in Stich Suits or other pmcecdings, and in ease judgment or other lien be placed upon or Obtained against the progeny of the Purchaser. or said parties in or as a result ofsuch Suits or other proceedings. the Seller will at once cause the same to he dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and 0151,111 all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including. hat without limitation. the Occupational Safety mad Health Act Of 1970 and all talcs and regulations issued pursuam Iherem. Revised 0312010