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HomeMy WebLinkAbout359019 LITTLE BOYS TRUCKING LLC - PURCHASE ORDER - 9122617PO PURCHASE ORDER 912261er Page City of 9122617 1 of 3 � } Collinshis number must appear ` 1 1on all invoices, packing slips and labels. Date: 05/04/2012 Vendor: 359019 LITTLE BOYS TRUCKING LLC 2302 STANLEY CT FORT COLLINS Colorado 80526 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 5,000.00 PER TERMS AND CONDITIONS OF BID 7355 2 Contractual Labor 1 LOT LS 1,000.00 3 Contractual Labor 1 LOT LS 5,000.00 4 Contractual Labor 1 LOT LS 5,000.00 Total $16,000.00 C3. Oi'l�sQ �f- 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 PO Number Page City Of 9122617 2 of 3 F6rt COI I I ns This number must appear " J on all invoices, packing slips and labels. City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, 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 3 of 3 1. CUMMERCIAL DETAILS. 'I'ue exemptions. By statute the City of Fen Collins is exempt from sane and local axcs.Our 6acmption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Ccniticmc of Registry 84-6000587 is registered will, the Cullemor of Fuific or 1111 Purchaser to insist upon suite performance of the terms and conditions hems, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Ctu pla 39-26, 114 In). exercise any rights or remedies provided herein or by paw, failure to promptly amity the Seiler in the event of u breach, the acceptance of m payment far goods hercundcr or approval of the dc.5iga, shall not release the Seller of Goods Rgencd. GOODS REJECTED due to failure to meet specifications, either when shipped or due 1. deices of any of the varmmic,.r obligations of this purchase order and shape not be, deemed a waiver of any right of the damage in transit, may be returned to you far credit and are not to be replaced weep[ a,. receipt of written purchaser m insist upon strict performance hercofor uny of its rights or remedies is to any such goods, regardless initractims tram the City of Pon Collins. of when shipptak received m accepted, us m uny prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tams I nspation. GOODS are subject to the City of Fort Cull ins inspection on arrival, hereof Final Acceptance. R,ceipl .1 the mmrchundiu•, urviecs .r equipment in nspwtuc to this order cull result in 12. ASS] G NM EN'F OI' A NT 11 R US CLAIM S. amhorie,d payment of the part of the City of Fun Cul]ins. However, it is to be andcraoud that FINAL Seiler and the Purchaser recognize that in actual economic potence, overcharges resulting from mains ACCEPTANCE is dcpaWcmt upon completion of all applicable required inspection provcdam, viidutions me in Pam borne by the Purchaser. Thvrctoti m, for good cause and as consideration fur emculing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereunder Freight Terns. Ship nanl, must be F.O.K. City of Fort Collins, 700 Wood St., ['oil Collins, CO 80522, unless acquired under lvdaill or state antitrust Imes for such overcharges relining to the particular goods or services otherwise specified on this order. If p in i»ion is given to prepay freight and charge separately, the original freight purchased m acquired by the Purchaser pursuant to this purchase order. bill mast accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in veriom pans of the country, shipment is expected from the ocamsf distribution point to destination, and excess freight will be deducted Lou... Invoice ,lien shipments arc made from gtcawr distance. Pa ... its. Seller slap) procure ul sdias sole cost all necessary permits, ecnilicutcs and licenses required by all applicable paws, regulations, ordinances and roles of the state, municipality, territory or pudlical subdivision where the work is patinnmed, or required by any other duly constituted public authority having jurisdiction uvcr the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incumd by them by reason of an assured or established violation of any such laws, regulations, ordinances, rules and nequimmems. Audsmication. All panics to this contma agree that the rcpresemmivcs um, in Ian, bona fide and possess tall and complctc authority to bind said panics. LIMIFATION OF "PERMS. This Poncho, Order expressly limits acceptance to the terms and conditions slated herein set forth and any supph menmry or additional lama and conditions a nesud Loreto or incorpoored harcin by reference. Any additional or dilTerenl terms and conditions proposed by seller are objected to and hereby n'jcoed. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make conhplme shipment to arrive on your promised delivery date us holed. Time is fthe essence. Delivery and performance uon be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, wit hunt limilation, acceptance ofpiniul pate deiveric5, shape operate as it waiver ofilli, provision. In the event of any delay, the Purchuscr shall have, its addition to other legal and equitable remedies, the option ufplacing this order elsewhere and holding the Seller liable for damages. Huwever, the Sapper shape out be liable for damages as a result of delays din• to causes not readably foreseeable which arc beyond its reasonable coal,.] and wilhoul ill Iwh nfnegligeamc, such acts of God, act, of civil or military authorities, governmental priorities, fires, strikes, (loud, epidemics, wars or riots provided that notice of the conditions cursing such delay is liven to .he Purdmscr within live (5) days of the time when the Seller first received knowledge thereof. pre the event of any such delay, the date of delivery slap[ be cxnmded for the period equal to the time actually lust by reason ufthe delay. 3. WARRANTY. The Seller warrants that all goods, if iclus, maeris6 mod work emend by this order will conform wilh applicable drawings, specifics ime, sampbs and/or other descriptions given, will be lil for the purposes intended, and paboon od with the highest degree of cum and co ripetrnec in accordance with acecpled standards for work of u similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser nay sulTer m incur un account of the Sellers breach of wamtnly.'I'1¢ Seller shut] replace, repair., make good without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period or limo as may be pnseribed by paw or by the tone of any applicable warranty provided by the Seller after the date of acceptance of the goods fumishd hereunder (acceptance not to be uoeasonably delayed), resulting from impenca m def aivc work done or materials furnished by the Seller. Acceptance ur use of gods by the Purchaser shall not constitute a waiver ufully claim undm.his womanly. Except as odwi isc provided in this pu.chau order, the Sellers liability hereunder shall eafcnd to all damages proximately caused by the beach of any of the foregoing warmades or guarantees, but such liability shall in no event include loss ofproliu or pose of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FUR PURPOSE SHALL APPLY, 4. CHANGES IN 1.EGAL'I'ERMS. 'I he Purchaser may make changes to legal terms by w'rillen change order. 5. CHANGES IN COMMERCIAL PERMS. The Purchaser may make any changes to the tcrnti, other than legal ferns, including additions to or deletions from the quantities originally ordered in the spaifienti.ro or having,, by verbal or ,ritten ,horn, order. If any such change dRa. the umouot due or the titre ofpmfomancc hereunder, an equitable adjustment shape be made. 6. TERMINATIONS, IT, Purchaser may at any tittle by wrinen change order, terminate this apmamenl as to any or all portion, of the goods then not shipped, subject to any equitable adjustment between Tire parties as to any work m materials than in p.", provided no the purchaser shill rem be liable for ally eiai m s for aowiPnned profits an the u nhpfewd portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in fare, of the Sella will, aspect 1. any goods ,hwh arc the Seller, standard stock. No such tcmnnuawn sbull nlicvc the Purchaser mite Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assaad within thiny (30) days from the date the change or lamination is ordered. & COMPLIANCE: WO II LAW. 'IIt, Seller waments that all goods sold hereunder shall have bean produced, sold, delivered and fun.isled its suits eomp]iance will, all applicable lows and regulations to which the goods are subject. The Sapper shall caeca le and deliver such doaonens as may be required to cffcn or evidence compliance. All pats aid regulation required nn be incorporated in agreements of this character are hereby incorporated heroin by this rcmrawc. The Seller agrees to indemnify sad hold the Purchaser hunnlcss from alp costs and damages suffered by the Purchaser as a result of the Sellers fail.,, to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any Loonies due or to become due hereunder "flood the prim wrinen consent of the other parry. 10.'1I IT, I... The Set per waments full, clear and unrc,trictd li tic in the Purchaur for all equ ipmcnt, materials, and items furnished in performance of this agreement, free and clear of any and all [tens, restrictionsresc"ntio.s, security "it ..est cn,umbmnees and claims iI other,. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaur directs the Seller To cornet no leonlomning or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller doacaBm indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most capcditious means available to it, and the Seller shape pay all costs associated with such work. 1'lie Scllcr shut[ rcicusc the Paid... a and its contractors of any tier hour all liability and claims of any nature resulting front .hc palormmncc ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, oBiects and employees ofsuch party. The Seller's contractual obligations, including warranty, shall not be cleared to be reduced, in any way, because such work is wrimaral or caused to be parlonned by the Pm,hu a. 14. PATENTS. Whcncva the Seller is required to use any design, dcvi", material or process covered by letter,pearl, tradva ark ur copyright, the Sella shall indemnify end save harmless the Purchaser treat any and all claims fur infringement by reason of the use of such patented design, device, material or process in connection with [he contract, and shape indenmil}the Pamlau, r for any cost, expvme or damage which it may be obliged to pay by reason of such infringement at any lime during the prosecution or artier the completion of the work. In case said equipment, or any pan thmaii'm the intcndcd use of the goods, is in such suit held to constitute infringement and the use of said equipmair or pan is enjoined, the Seller shall, at its tern expense and at its option, either pm,um for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but nonialPinging equipment, or modify it so it becomes noninfringing. 15. 1NSOLVENCI'. If the Seller shall become insoH'cal or bankrupt, make an assignment for etc benefit of Indium, appoint a receiver or trustee for any of the Sellers property or business, this omen may forthwith be canceled by the Purchuscr without liability. 16. GOVERNING LAW. The definitims of tans used or the interpretation ufthe agreenvat and the rights of all panics hacmadshall be construed under and gos.mced by the Imes ufthe State of Colomdo, USA. The fullow'ing Additional Conditions upply only in cases where the Seller is to perform work l,envndcr, including the set vice, of Sellers Rvincwt u:diwa(sh on the premises or little, s. 17. SELLERS RESPONSIBILITY. The Seller shill carry ou said work at Seller's own risk until lie same is fully eumpletcd and accepted, and shall, in case of any accident, desmaction or injury to the work nndlm mmcrial, before Seller, fin.] completion and acceptance, complete to work al Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment all famished by other for installation or crntion by the Seller, to Sella shape meeive, unload, store and handle same at the site and become responsible therefor as though such tuala ds and/or equipment were being furnished by the Seller under the Oder. 18. INSURANCE. '1hc Seller shall, at his own expense, provide for the payment ofworlia, compensation, including uc"pational disease bandits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance will, the paws of the state in which the work is to be dune The Seller shall also carry cmnprehcns[ve general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of nt least S300,600 for any one person, S500,000 for any one accident aid property damage limit per accident of $400,000. l'ite Sella shall likewise require his contractor, if any, to provide for such eonnpcosation and insumove. Before any of [he Scllcr, or his contractors c... ployces Shull du any work upon the mantises of others, the Seller shall furnish the Purchaser with a caf ieute that such compenmtion and insurance have been provided. Such cenificum:, shall specify the date when such emnpensuriun unit insurance have been pmvided. Such ceniticates shape specify the dale when such conganwlion and insuralie, cAwirs.'I'lie Scllcr ugnes trial such cu aten,alim, and insurnnee shall be nlainta"med unit alley the entire work is conhplemd and accepted. 19. PRO I EC I ION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ,Yaunw, the an. responsibility and liability for any and lit) damage, loss m injury of any kind or nature whutsoevvr to persons or property caused by or resulting from the execution ofthe work provided for in [his purchase order or in connection herewith. l'he Seller will indcnutify and hold harmless the Purchaser and any or all of the Palliasers A iars, agcnu and ,nployces from and against any and all claims, loses, damage,, charges or expcmcx, whether direct or indirva, mod whether to Perwns or pmpcny to which the Purchuscr may be par ter sobj,a by «sun of any act, action, neglect, omission .r delaull ten the pan of the Seiler, any of his eontrston. or any of .he Sellers or contractors officers, agents or entployev . in case any suit or other proceedings shall be brought against .he Purchuscr, or its officers, ag<nls or employees at any lime un account or by reason of any act, action, neg]ecl, miussival (or default or the Seller of any of his runty eton or any of its or their ofliccn, agents or employees as aforvvid, the Seller hereby agrees to assume the defense thereof and to defend the are a. the Sappers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their offeas, ugcnla or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained aguinsl the property of the Pumhnsa, or said panics in or as a result ofsuch suits or other procuedings the Seller will at once cause the same to be dissok ad and discharged by giving bond or olha ,ise.I lie Seller and his cuntmams shall lake .11 safety pm,,abate, furnish and install all guards necessary for the pmvcution of nccidcus, emnply with all laws and regulaliuns with regard to suRty including, but without [inhiaaion, the Occupational Sanity and I lcatth Act of 1 On and all rules and regulations issued pursuant thereto. Revised 03/21)10