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HomeMy WebLinkAbout359019 LITTLE BOYS TRUCKING LLC - PURCHASE ORDER - 3214320 (2)Fo t of Date: 08/07/2014 Vendor: 359019 LITTLE BOYS TRUCKING LLC 2302 STANLEY CT FORT COLLINS CO 80526 PURCHASE ORDER PO Number Page 3214320 'eft This number must appear on all invoices, packing sli s and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 01/15/2014 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 2 Addendum to PO 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 20,000.00 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 1. COMMERCIAL D17A1LS. Tax exemptions. By some the City of Firm Collins is exempt from sate and local Wars. Our Exemption Number is 984 502. Eaton Exam Tax Exemption Cemificam of Registry 84-600058] is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised SWmtes 1973, Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to hailer, to meet specifications, harbor when shipped or due Ir details of damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of wren instructions from the City of Fan Collins Inspection. GOODS are subject to the City of Too Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services r equipment in response to this coder canresult in amhoriaed payment on the pan of the city or FanCollins. However, it is to be understood thatFINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Teams. Shipments most be F.O.B., City of Fan Collins, 700 Woad SL, Fort Collins, CO 80522, unless otherwise specified on this under. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice_ Additional charges for packing will not be acupted. Shipment Distance. Where manufacturers have distributing paints in various pans of the country, shipment is expected fmm the nearest distribution point to destination, and excess freight will be dducted from Invoice when shipments am made form greater distance. Permits. Seller shall pmcme at sellers sole cost all naesmry permits, catifiewles and Forms. required by all applicable Iowa, oegu itions, ordinances end ales ofthe state, municipality, temnory or political subdivision where the work is perfommd, or r yuired by say other duly constituted public authority having jurisdiction over the work or vender. Seller Posher agrees to hold the City of Fort Collins hemrless from and against all liability and loss insumod by them by reason of an assened or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All panics to this contract agree that the representatives are, in fact, bass fide and possess PoII and complete authority to bind said parries. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the forms and conditions stated heroin an forth and any supplcm.., he dditimurl terms and conditions annexed hereto or Incorporated herein by ramance. Any additional or different team and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immdiamly ifyou on. make romplme shipment fo nave on your promised delivery date as noted. Time is order essence. Delivery ad performance most he effected within the time stated on the purchase order and the documents attached Lane. No acts of the Purchasers including, without houtdion, acceptance ofp.ni.] Imo deliveries, xhall operate as a waiver ofthis provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option cf placing this order elsewhere said holding the Seller liable for damages. However, the Seller shall not be liable far damages ns a result of delays due to causes our reasonably foreseeable which site beyond its reasonable control and without its fault of negligence, such acts ufGW, act of ml or military authorities, governmental pdon ics, fires, strikes, need, epidemics, wars or turns provided thou ..,are of me conditions catering such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event army such delay, the date of delivery shall be extended for the penal equal to the time actually last by reason of fhc delay. 3. WARRANIY. The Seller warrants that all goods, articles, materials and work covered by this odor will conform with applicable drawings, specifications, samples mtdsor other doseriptiom given, will be fit for the purposes intended, had is rfmtnd with the highest degree of care and competence in accordance with several standards for work of a similar nature. The Seller agrees as hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of guc Sellers beach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer penal of time as may be prescribed by law or by the tams of any applicable watanry provided by the Seller after the date of acceptance of the goods banished hereunder (acceptance not to be unra ar ably delayed), resulting from imperfect or defective work dune or monorails famished by the Seller. Acceptance or use of liieds by the Purchaser shall or institute a waiver of any claim under this warranty. Except as wherwise provided in this purchase ..for, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guamntces, but such liability shall in no event include loss of profits or loss of ova. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. - 4. CHANGES IN LEGAL TERMS The Purchuer may make changes to legal to. by wren change under. S. CHANGES Be CONLMERCLM. TERMS. The Purchaser may make any changes to the tams, other fain legal comes, including additions to or deletions fmm the quantities originally ordered in the spaifestirns or drawings, by veNal or omen change near, If any such change affect the amount due or the time ofperfmmana bacho dm, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrivm change order, marinate this agreement as 10 any or all potions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable her any claims for anticipated profits on the uncompleted factor of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any grads which are the Sellers standard stock. No such lamination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered here rude. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be usened within duaty (30) days from the dam the change or termination is ondcred. 8. COMPLIANCE WITH LAW. The Seller warants that all goods sold hereudm shall have been produced sold delivered aM fumishd in strict compliance with all applicable laws and regulmimss to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be ncorpomm l in agreements of this character are hereby incorporated herein by this refcrena. The Seiler agrees to indemnify and hold the Purchaser harrnless fmm all costs and damages suffered by the Purchaser, as er result 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 to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full, dear abd unsor amted title to the Perch ser for all equipment, materials, and items fumishd in performance of this agreemein free and clear of any and all lines, re trictiom, maturations, security honest encumbrance arts claims crashers. ILNONWAIVER. Failure of the Purchaser to insist upon shin peffmmancc of the frmu ad conditions hereof, failure or delay to y rights or readies provided herein or or by law, failure top.,fly notify the Seller in the event of a breach, angue acceptance for payment for goods hereunder or approval ofgue design, shall not release the Seller of any of the war agra s or obligations of this purchase order and shall not be clamed a waiver of any right of the Purchaser to insist upon major performance hereof or any of its rights or remedies as to any such goods, rcgandless of when shipped, received or accepted, as to any prior or subsequent default hereunder, tar shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terns hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recogn¢e that in news] economic practice, overcharges resulting hourantitrust are in fact hometh by e Purchaser. Therewforefogoal cause and as consideration for executing this purchase order, the Shia hereby assigns to the Purchuer any and all claims it may now have or hereafter acquired under federal or safe aatio-ust laws for such overcharges misting to the particular goods or services produced or acquired by the Purchaser pursuant to this Purchase under. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller la roerectvmconfarom, me defective goof by. date to Ee agreed upon by the Purchaser and the Seller, and the Seller thereafter indicators its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expedilima ma. available to iL ad the Seller shall pay all cons associated with such week. The Seller shall mlesse the Purchaser and its contactors of any tier from all liability and claims of any mume earthing front the performance otsuch work This release shall apply even in the event of fault of negligence of the party released and shall extend to the dhemnrs, officers and employees orsuch pane. The Sol],,', ceremonial m1igalic ns, including warranty, shall net be decal to be reduced, in any way, because such work o performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, national or praesa covered by liner, patent, trademark or copyrigln, the Seller shall indemnify and such harand. the Pumbaser fmm any and all claims for mldngemmrt by reason of the use of such patenmd deign, device, =tons] at peaches in connection with the contract, and shall m istrmify the Purchaser for any cos, expense or damage which it may be obliged to Pay by concern of such inGtngemem at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of die goods, o in such suit held m conafirom infringement and the use of said equipment or pan is emotion, the Seller shall, at its own expense and in its option, either procure for the Purchaser the right as continue unng said equipment or pan, replace the same with substantially equal bur noninGnging equipment, or modify it so it becomes anninfringing. 15. INSOLVENCY. If rise Seller shall become insolvent or nauseant, make an assignment for the benefit of creditor,, appoint a creciver or exasom for any of the Sellers property or business, this order may forthwith be canceled by the Purchaserwithom liability. 16. GOVERNING LAW. The definitions arm. used or the i coup mtioo of she agreement and the rights of all parties heeanda shall be, command ands and governed by the laws ofthe State of Colamdo, USA. The following Additional Candrions apply only in chours where the Seller 6 to perform week hereunder, including the smica of Sellers Reprerenanve(s), on the premises brothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same 6 fully completed and accepted, and shall, in e of any accident, destruction or injury to the work and/or mamriak before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment .are famished by others for installation ar erection by the Seller, the Seller shall receive, unload, snare and handle same at the site and become responsible therefor as though such materials real equipment tine being fumishd by the Seller much, the under. 18. INSURANCE. The Sella shall, at his own enpeura, provide fir the payment of workers ampensmion, including accupalional dons¢ benefits, m its employees employed W or m connection with the week covered by this purchase o,deq andlm to their dcpcndmts in Accordance with the laws of the scale in which the work is to be done. The Seller shall also any comprehensive geneml limiliry including, but nor limited us contactual ad automobile public babihry insurance with bafily injury and derN limits of at least S300.00o for nay one r croon. SSOLDW for any cum accident and property damage limit per accident of SK)JO O. The Sella shall likewise regain, his mnamemrs, army, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall des any work upon the premise, of others, the Seller shall furnish the Purchaser with a cendreate that such compensation and insurance have ban provided. Such cmnifcales shall specify the date when such ompenmho. and insurance have ban provided. Such rertiftcaes shall slimily the dam when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until aver the entire work is complcicd and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby resumes the entire responsibility, and liability for any and all damage, loss or injury army kind name whmsocver to pesons or pmpeay caused by or resulting fmm the execution argue work provided for in this purchase order or in connection herewith. The Seller will indemnify and Mid harmless the Purchaser and my or all of the Purchasers allcers, agents and employees fmm and agatmt any sal all claims, losses, damages, charges or expenses, whether direct or indirect, and what to persons or property to which the Purchaser may be at or subject by nano. of any act, action, aegleer, omission ar default on the part of the Seller, any of his Co..,., me any of the Sellers m mahactors ofree., agents or employers. In case any suit in other procedings shall he brought against the Purchaser, or as oRcea, agents at employees at say time on around or by reason of any act, action, region, omission or default of no Seller of any of his commusho s or any of its he then office., agents or employers as aforesaid, the Seiler bcrcby sigma to assume the defense thercaf and to defend the same at the Sellers own expense, to pay any and all costs, changes, suumrys fees and other expenses, any and all judgment that may be incurred by car obmind against the Purchuer or any of its or their offcars, agent or employees in such suits of other procedingr, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or said panics in or ns a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with argued to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules had regulations issued pursuant thereto. Revised ffln(l 4