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HomeMy WebLinkAbout359019 LITTLE BOYS TRUCKING LLC - PURCHASE ORDER - 3215147City of Frt Collins Date: 01/12/2015 Vendor: 359019 LITTLE BOYS TRUCKING LLC 2302 STANLEY CT FORT COLLINS CO 80526 PURCHASE ORDER PO Number Page 3215147 1of2 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: 01/12/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2015 CONTRACTUAL 1 LOT LS 20,000.00 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@fcgov.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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City effort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Intemnd Revenue, Dever, Colorado (Ref Colorado Revised Sutures 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defecte of damage in transit, may be retuned to you for credit and are rot to be replaced except upon receipt of written instructions form the City effort Collins. Inspection. GOODS are subject o the City of Fon Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or inwpmeen in response to this order can , esult in audicnred paymnt on the pan of the City of Fort Collins However, it is or be mderstdd thatFINAL ACCEPTANCE is dependent upon completion of all appliable required inspection procedures. Freight Terms. Shipments must be FOB , City of Fon Collins, 700 Wood Se. Four Collins, CO 80522, unless otherwise spasifled on this .,dery If permission is given to prepay freight and charge separately, the mi,oul freight bill must accompany invoice. Additional charges for packing will rot be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected boom the nearest distribution point m damnation, and excess freight will be deducted from Invoice when shipments are made form greater distance. Permits . Seller shall procure at sellers role cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipally, territory or political subdivision where the work is performed, or required by any other duly consumed public authority having jurisdiction over the work or vendor. Seller fuller agrees to hold the City of Fan Collins handless from and against At liability and loss incurred by them by reason open assert or established violation of any such laws, regulations, ordinances, rules and regwremwts. Authentication . All parties in this contract agree that the representatives are, in fact bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to due terms and conditions stared herein tit foM and any supplementary or additional lines and condition anrcxed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected as and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time stated an the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provisionlothe event of any delay. the Purchaser shall have, in addition to ocher legal and equitable remedies, the option of placing this order eluwhere and holding the Seller liable for damages. However, dre Seller shall not be liable for damages as a result of delays due tr causes not reawnably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acn of civil or military authorities, governmental priorities, fires, strikes, Rood, epidemics, was or non provided that notice of the conditions causing such delay is given be the Purchaser within rive (5) days of the lime when do Sella first received knowledge thereof In the event of any such delay, the date of delivery shall be extended for she period equal by the time moistly lost by reason of the delay, 3. WARRANTY. The Seller warrants that all goods, articles, mammals and work covered by this order will conform with applicable drawings, specifications, samples md/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 0 hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wormy. The Seller shall replace, repair or make good without coat to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be presented by law or by the temps of any applicable warrant, provided by the Seller alter the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from mr, per 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 under this wzranly Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing wanmtics or guarantees, bat rofits such liability shall in no event include loss of por loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purhaer may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes m the terms, other then legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal of wo m change order. If any such lunge affects the amount due or the time of Performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrinm change order, terminate this agreement as to any or all pinions of the goods than nor shipped, subject to any equitable adjustment between the panics as to any work or materials Nan in progress provided that the P-ehane r shad no, be liable for any claims for anticipated profits on the uncompleted portion of the goods mdlor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller yeah respect to any goods which we the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of my of their obligations as to my goods delivered hereunder. ]. CLAIMS FOR ADIUSTMEHT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Seller wer as that ill goods sold hereunder shall have been produced, sold, delivered and famished in stria complimce with all applicable laws and regal..... m which the goods are subject. The Sell,, shall execute and deliver such documents as may Er, required to effect or evidence compliance. All laws and regulations required by be incorporated in agreements of this character are hereby inderpautrt herein by this reference. The Seller agrees in indemni fy and hold the Purchaser harmless from all casts and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9_ ASSIGNMENT. Neither parry shall asslp, member, or convey this order, or my monies due or to become due hereunder without the pd., wham comenm ofthe other parry. 10. TITLE. The Seller wanents full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of my and all liens, restrictions, reservations, swurity interest encumbrmcea and claims i fathers. 11. NONWAIVER. Failure of the Purchaser to onto upon stria performance of the terms and conditions herwf, failure or delay to exercise any rights or remedies provided herein or by law, failure to pmmpdy notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shill not release the Seller of any of the wzrranties or obligations of this purchase order and shall nor be deemed a waiver of any right of the purchaser to insist upon start performance hereof., any of its rights or remedies as to any such goods,b andless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any prewred oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms herwf. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser ribagnin thin in actual economicctiem pra, overcharges reading frocommon violation are in fact home 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 acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant o this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser direcks the Seller to wrest nonconforming or defensive goods by a due or, be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability of unwillingness m comply, the Purchase may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay All costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and clams of any nature exulting form the performance of such work. This release shill apply even in the event of fault of negligence of the parry released and shall extend m the directors, officers and employees of auch parry. The Seller's contractual obligations, including wareny, shall not be deemed to be reduced, in any way, because such work is performed or caused to IN, performed by the Purchaser. 14. PATENTS. W'benever the Seller is required to age any design, device, material or process covered by ]met, parrot, trademark r wpynght, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringemrnt by mason of the use of such patented design, device, material or processs in connection with the contract. and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment or any pars thereof or the intended use of the goods, is in such suit held m constitute infringement and the use of said equipment or pan is enjoined the Seller shall, at its own expense and at its optid, either precure for the Purchaser the right to dominate using said equipment or perks, replace the same with substantially equal but noninGnging equipment or modify it so it becomes mninfrin,ung. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt, make re assignment for the benefit of crduars, appoint e receiver of trustee for any or the Sellers property, or business, this order may foMwith be canceled by the Purchaser with.m liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all parties herender shall be transport under and govemed by the laws of the State of Colo rude, USA. The following Additional Conditions apply only in owes where the Seller is to perform work hereunder, including the services of Sellers Representatives), on the premises of others. IT. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully compleed and accepted, and shall. in e of any accident, destruction or injury to the work endlor materials before Sellers final completion and acceptance, complete the work in Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same a the site and become responsible therefor as though such materials mdbr equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, . his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, andbr to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, turnaround and automobile public liability insurance with Mddy injury and death limits of ar amet E300,000 for any one person, $500.000 for any one accident and property damage limit per accident of WOLM The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his cumnccors entploym shill do my work upon the premises of others, the Seller shall fumish the Purchaser with a certificate that such compensation and in n a have bem provided. Such certifices shall specify the date when such compensation and insurance have ben provided. Such certificates shell specify the data when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire wark is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the more responsibility and liability for any and all damage, loss or injury Apiary Lend or nature whomever to persons or pooped, caused by or resulting Term the execution oftl¢ work providd for in this purchase order or in connection herewith. The Seller will indemnity and hold hamdesss the Purchaser and my or Al of the Purchasers officers, agents and employees from and against my and all clams, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, anion, neglect, warrant®r or though on the pan of the Seller, my of his contractors, or any of the Sellers or contractors officers, agents or employe. In case my suit or other proceedings shall be brought against the Purchaser, or its olTce*. glean or employe or my lime on account or by reason of my act, actim, meanest. emission or default of the Seller of my of his wntr.rors or my of in or their officers, agents or employees as aforesaid the Seller hereby agrees to assume the defense thereof and to defnd the same at the Sellers over expense, in pay my and all casts, charges, anomeys for and other expenses, my and Al judgments that may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said pardes in or as a result of such suits or other proceedings, the Seller will at once mutt due sane to b, dissolved and discharged by giving bond or otherwise. The Seller and his contractors shill take ill safety precautions, furnish and instal all guards necessary for the prevention of accidents, comply with all laws and regulations with regard or safety including, but without limitation, the Occupational Safety and Health Act of 1970 and Al toles and regulations issued pursuant thereto. Revised 01I2014