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HomeMy WebLinkAbout485433 JOHNSON TRUCKING - PURCHASE ORDER - 9112137PURCHASE ORDER PO Number Page City Of9112137 ' of z `t CollinsChis number must appear ' ton all invoices, packing slips and labels. Date: 04/15/2011 Vendor: 485433 Ship To: STREETS DEPARTMENT JOHNSON TRUCKING CITY OF FORT COLLINS 408 E 50TH ST 625 NINTH STREET LOVELAND Colorado 80538 FORT COLLINS Colorado 80524 Delivery Date: 04/15/2011 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 Ordered UOM Unit Price Extended Price 1 2011 CONTRACTUAL SERVICES 1 LOT LS 10,000.00 PER TERMS AND CONDITIONS OF BID 7210 2 Contractual Labor 1 LOT LS 10,000.00 3 Contractual Labor 1 LOT LS 5,000.00 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 Total $25.000.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the Cit of Fort Collins is exempt Timm state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Regis" 84-6000587 is registered with the Collector of Internal Revenue. Denver, Colorado (Ref. Colorado Revised Shoules 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to fnilure to meet specifications, either when shipped or due to defects of damage in transit, may be returned to vote for credit and are not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the tans and conditions hereof failure or delay to exercise any rights or remedies provided herein or by Inv, failure to promptly notify the Seller in the event of a brcrich, the acceptance efor payment for goods hereunder or approval of the design. shall not release the Seller of any ofthc wamatics or obligations of this purchase order and shall not be deemed a waiver of any right of The purchaser to insist upon strict performance Imomfor any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shill tiny parported Mal nralification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. Final Acceptance. Receipt of the merchandise. services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fan Collins, However. it is to be anderstnod that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns In the Purchaser any and all claims it may now have or hereafter Freight Teems. Shipments must be F.O.B.. City of Fart Collins, 700 Wood St. Fort Collins, CO 80522. unless acquired tinder federal or state antitrust laws for such overcharges relating to the penieuler Fonds or services mhenviw specified on this order. If permission is given to prepay freight and charge supremely. the original freight purchased or acquired by the Purchaser pursuant to his purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in vannus pans of the country, shipment is expected leant the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments arc made from gmater distance. Permits. Seller shall procure at sellers sole cost all necessary permits. ecnificatcs and licenses required by rill applicable laws, regulations. ordinances and mles of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jnnsdiction over the work of vendor. Seller further agrees to hold the City of Fart Collins hornless from and against all liability and Ins, incurred by them by reason of an asserted or established violation ofany such laws, regrlmions, ordinances, roles and requirements. Authorization. All panics 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 In the terms and conditions stated hcrcin set forth and any supplementary or additional terms and conditions annexed hereto nr incorporated herein by reference. Any additional or different terms and conditions proposed by seller arc objected Mind 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 must be effected within the time stated on the purchase order and the documents attached hereto. No nets of The Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of This provision. In the event ofany delay. the Purchaser shall have. in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to came., not reasonably foreseeable which am beyond its moonable control and without its fault ofnegligence, such acts of God, acts ofcivil or military authorities, govcmmental priorities. Eros, strikes. Rood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by moon ofthc delay. 3.WARRANTY. The Seller warrants that all grads articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care sad competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach ofwarranty. The Scllcr shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of time as may be pmscdbcd by law or by the Ices ofany applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed). resulting from imperfect or defective work done or materials fornished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order. the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing mammies or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by wrincn change order. 5. CHANCES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or dmw ings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder. an equitable adjustment shall be made. 6. TERNINATIONS. The Purchaser may at any time by written change order, terminate this agrmmem as to any or all portions of the goods then not shipped, subject to any equitable adjustment bemec t the parties as to any work or material then in progress provided that the Purchaser shall not be liable for any claims for anticipated prefix on the uncompleted portion 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 arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be amend within thirty (30) days from the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller wamnts that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations 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 incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seiler agrees to indemnify and hold the Purchaser harmless fmm all costs and damages su Rered by the Purchaser as a result ofthc 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 parry. 10. TITLE. The Set Ter warrants full, clear and unrestricted title to the Purchaser for all equipment. materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nencemfoming or defective goods by a date In be agreed upon by the Purchaser and the Seller,and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most cspcditious ,cans available to it rind the Seller shall pay all coasts associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability sad claims of any nature resulting from the performance of such work. This ideate shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees ofsuch party. The Seller, contractual obligations, including warranty. shall not be doomed to be reduced. in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever The Seller is required to use any design, device. material or process covered by letter, patent, trademark or copyright, the Seller shall indcmnify and save harmless the Purchaser from any and rill claims for infringement by reason of the use of such patented design, device, material or process 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 ease ,said cquipmcnt. or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of mid equipment or pan is enjoined, the Seller shall, m its own expense and at its option, either procure for the Purchaser the right to continue using void equip mcut or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes anninfringing. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers pmperty or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the imertactatum ofthc agreement and the rights of all parties hereunder shall be construed under and governed by the lases of the State of Colomdo, USA. The following Additinml Conditions apply only in cases where the Seller is to perform work hereunder, including The services of -Sellers Represenative(s), on the mcmises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in ease of any accident, destruction or injury to the work and/or materials before Seliers Bnal completion and acceptance, complete the work at Seller's own expense and to the satisfaction ofthc Purchase, When materials and equipment arc famished by others for installation or erection by the Seller. the Seller shall receive, unload. store and handle same at the site and bccomc mspenalhlc therefor as Though such materials and/or equipment were being furnished by the Seller under the order. 18, INSURANCE. The Sellershall. at 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, and/or to their dependents in accordance with the Incas ofthc state in which The work is to he done. The Seller shall also carry emnprchensive general liability including, but not limited to, contractual and mnonmbilc public liability insurance with bodily injury and death limits of at least S300,000 for any one person. S500.000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any. to provide far such compensation and insurance. Before any ofthc Sellers or his contractors employees shall do any work upon the prcmiscs of other;, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. t 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire mspensibility and liability for any and all damage, Ines or injury cfmv kind or nature whatsoever to persons or property caused by or resulting from the execution ofthc work provided for in this pnrchaae order or in connection hcreo ith. The Scllcr will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect and whether to persons or property to which the Pumliascr may he put or subject by reason of any act. action, neglect, emission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In ease any sail or other proceedings shall be brought against the Purchaser, or its officers, agents or employces at any time on account or by reason ofany 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 to defend the same at the Sellers 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 officers. agents or employees in such suits or other proceedings. and in case judgment or other lien be placed upon or obtained against the poMerry ofthe Purchaser, or mid panics in or as a result ofsuch suits or other pmceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or the, kc. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the pmeotion of accidents, comply with all laws and regulations with regard 10 safety including, but without limitnti e, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010