The URL can be used to link to this page

Home My WebLink About485433 JOHNSON TRUCKING - PURCHASE ORDER - 9122616PURCHASE ORDER PO Number Page City Of9122616 1 of 3 Flirt Con all invoices, pacst king ,��—,J`_' ` CollinsJ on all invoices, packing slips and labels. Date: 05/04/2012 Vendor: 485433 JOHNSON TRUCKING WESJOHNSON 408 E 50TH ST LOVELAND Colorado 80538 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 Ordered Unit Price Extended 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 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 Invoice Address: $16,000.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City Of2616 z of s F^r} Collins( This number must appear] ,t_J`' ` \� ` 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 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 Terms and Conditions Page 3 of 3 I. COMMERCIAL DETAILS. Tux exemptions. By stemlc the City of Fun Collins is exempt from state and local taxes. Our Exemption Nanther is 11. NON WAIVER. 98-W 502. Federal Excise '1'us Exemption Ceni Beale of Registry 84-6000587 is registered with the Cu l lector of Fuilun+.f ill, purchaser In insist upon strict performance of the mints and conditions hereof, failure tar delay to Internal Rcvcnue. Denver, Colorado (Ref. Colorado Revised Statuses 1973, Chapter 34 26, 114 (a). exercise ally rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach the acceptance ofor payment fur grads hereunder or approval ufthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either wbcn shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be damned a waiver of any right of the damage in transit. may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist spun strict performance hereof or any of its rights or remedies as to any such goods, regardless inswetiotu from the City of Fon Collins. of when shipped, received or accepted, as in may prior or subsequent default hereunder, nor shall any purpund om ] modification or rescission of this pureluse order by the Purchaser operate as a waiver of any of the terns Inspection. GOODS are subject to the City of Fon Collins inspection on arrival. hereof. Final Acceptance. Receipt of she merchandise•, services or equipment in reslwasc m do, order ea ,suit in 12. ASS] G N M ENT OF ANIITR UST CLA IN] S. authorized paynhxnm tan the part of the City of Fun Collins. However, it is to be and ensland that 17INAL Scllcr and the 1'unhascr recognize thus in actual economic practice, overcharges resulting front antitrust ACCEP LANCE is dcpctdcm ulwn completion ul all applicable rcquircJ Inspection pnocdars, violations m'c in fact borne by the Purchase,'.'I hcretolorc, for ..it cause and as consideration for executing this purchase order, the Seiler hereby assigns nn the 1'uschaser any and all claims it may now have or hereafter Freight Toms. Shipments must be F.O.B., City of Fort Collins, 700 WOW St., Pun Collins, CO 80522, unless acquired under Iedenl or state antitrust Imes fur such Overcharges refoing 10 the particular goods or services o[hcnvis, specified ar Isis under. II permiwion is given I. prepay height and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges fur packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing pains in various pans of the coumry, shipment is If fhe I'uehaser direct the Scllcr to aeon nonautlomting or defective goods by a date tube agreed upon by the expected front the nearest distribution point to destitution, and excess (night will be deducted drum Invoice when Purchaser and the Seller, and Ibe Scllcr dwsafrcr indicates its inability or unwillingness to comply, she Purchaser shipment arc nhad, from greater distance. may cease she wotk w be performed by the must expeditious means availuMc to it, and the Seller shall pay all cat ussncused with such work_ I'ennits. Seller shall procure at sellers sale cost all necessary permits, eenilicams and licenses required by all applicable laws, regulation,, mAlnances and rules of the state, municipality, territory or political subdivision when the work is perfornned, or required by any other duly constituted public authority having jurisdiction over the work .I vehdor Scllcr lumber ugives to hold the City of Fun Collins harmless I'mn and against all liability and loss incurred by them by e:uon of tan asserted or established violation of any such laws, regulations, mdinanecs, rules and rquircmenu. Authurizatlon. All panics to this contract agree that the representatives arc, in fact, bursa fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order exprawly limit, acceptance I. the ferns and conditions stated herein set forth and any supplementary or additional Ions and conditions unnewd herein or incorporated herein by iclerence. Any additional or dift ocn terms and conditions pmpused by'seller are objected to and Ina coy rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to naive .n your Promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase urdcr and It, documents attached hereto. No act of the Purchasers including, without limitation, attcpur Ce of peanut late deliveries, shall taper a as a waiver oh this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ufplacing this order elsewhere and holding the Seller liable for damages. tlmacver, the Seller shall not be liable for damages us a result urdelays due to causes not reaso ably 1'onsccuble which are beyond its reasonable control and without its fault of negligcaec, such acts of God ens Of civil tar onlimry authmilies, Is"crnmcnml priurilics, lir,s, strikes, hood, epidemics, ours tar riots provided that notice of the conditions causing such delay is riven Io the Purchaser within live (5) days of Ibc sins when the Scllcr first received knowledge thereof: In the event of any such delay, the done of delivery still]] be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. T'he Seller warrants that all goals, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be lit for the purposes intended, and performed with the highest degree of ear, and competence in accordance with accepted standards for work of u si... it., nature. 'Ihe Seller ugnes to hold the purchaser harmless from any loss, dumoge or expense which the Purchaser may udter or incur on account of the Sellers breach of warm my. "fhe Seller shall replace, repai,' in snake good, without cost to the purchase,, any riled, or faults arising within one (1) year or within such longer period of tine as may be prescribed by law or by the erns ofuny applicable warranty provided by the Seller tiller the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imported or defective work done or materials furnished by the Scllcr. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in ill is purchase order, the Sellers liability hereunder shall exiesid to all damages proximately caused by the breach of any of the foregoing vamntics or guarantees, but such liability shall in no event include Iusa of protis or loss of use, NO IMPLIED WA R RA N'Il" OR N I E RCHANI'A RI L IT Y OR OF FITNESS FOR PURPOSE SIbLLL APPLY. 4. CHANGES IN LEGAL TERM& The Purchaser may make changes to legal tennis by written elauge order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the emu, other than legal [emu. including additions to or deletions Burr the quantities ingimally entered in the sl ccifcations or drawings, by %visual or written clunge Order. If any such change atILCB the amount due or the tints ufperfornunce hereunder, an equitable Wjmstnsnl shall be made.. 6. TERMINATIONS. 'I'hc Purchaser may at any time by written change order, terminate this agreement as to any or all portions Of (lie goods then not shipped, subject to any equitable adjustment between Ihe panics as to any work or uwfcriuls then in progress Prvvided shut the 1'urchacr shall not be liable for any damn for amlciPuWd Profits on it,, un,onq ldcd portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be node in four of the Scllcr will, nspen to any goods which urc the Sellers standard stock. No such Icrminmios shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FUR ADJUSTMENT. Any claim for adjustment must be assened within thin (30) days from the date the change or tnusinwion is ordcrcd. S. COMPLIANCE WI'I II LAW. The Seiler warrens that all goods sold hereunder shall hm'c been produced, sold, dcl i vcrd and furnished in strict cuuhpliancc with all applicable fans and regulations to which It, goods urc subject. The Seiler shall execute and deliver such documents us nay bevequired Io effect or evidence compliance. All lams and regulations required to be incorporated in agreenuaus of this character are hereby incorporated herein by this reference. *1 Lc Scllcr agrees so indemnify and hold the I'urchasor harmless from all costs and damages suffered by the Purchaser as a result of the Sellers ftilue to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, trassfcr, or convey this order, or any monies due or to become due hereunder without the prior wrinen consenl of the other party. 10. 11'ILE. 'I'hc Scllcr warrens full, dear and unrc,oictcd title Ill Ihe Purchaser for all cquipmcnr naeials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, resenmrions, security interest encumbrances and claim ul.then. 'III, Seller shall rdc:uu Ihe Purchaser and is eantmotorx of any tier from all liability and claims of OILY nature resulting bor, tire pe.I ..nuance of such work. This release shall apply e,en in the event of fault of negligence of the puny released and shall extend to the directors, officers and employees of such party. 'Ilie Seller's contractual obligations, including wamnty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PAT EN"IS. Whenever the Scllcr is rtqu i red to use any design, device, material or process covered by letter, Paton, trademark or copyright, the Seller shall indenuti I and save (harmless the Pmvbaser lions any and all claims for in rringement by reason athc use of such patented design, device, material or process in connection with the contract, and shall indenutily the Purchaser fur any cost, cxperse or damage which it may be Obliged to pay by reason of such inliingcnanl at any time during the prusecutiou or atier the completion of she work. In ease said equipment, or any part thereof' or the intended use .1 the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at is option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with sabsanllally equal but 1101linfringing equipmmnt, Or modify it so it becores noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignnncm for the bcneit of creditors, appoint a receiver or trustee for any of the Scllcn property or business, this order may forthwith be canceled by the Purchaser srithom liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of We agrccvant and the rights ofall panics hereunder shall be construct under and governed by the Paws ofth¢ State of Colorado, USA. 1'he following Additional Conditions apply only in eases ehere the Seller is to persona work hereunder, including the services of Sellers Rcprescnutvc(sL on the preni ises of(If hers, IT SELLERS RESPONSIBILITY. she Seder shall curry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in ease ofully accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's Own expose and to the satistacfiun o1 the Purchaser Whets nhat rials and equipment arc furnished by others for installation or erection by tot Seller, [tie Seller shall receive, unload, store and handle sum, m the site and become rcsprmsiblc therefor us though such materials and/or cquipmcnt were being I'utnished by Ibc Seller under Ihe urdcr. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers eonhpensation, including Occupational disease benefits, to its employes employed on or in connection with he work covered by this purchvse order, and/or to their dependents in accuohnice mihit the Imes of the state in which she aork is to be done. The Seller ,hull also curry compehen,w, genital liability including, but not limited to, cunmIctual and automobile public liability insurance with bodily injury and dean], lin.its of m Iced $300,000 far any one person, S500,0Ut for any one accident and property damage limit per occident of S400,000. Itic Seller slmll likewise require his commemn, if any, to provide for such compensation and insurance. Before any of the Sellers m his eomracm s employees shall do any work upon fhe premises of others, the Seller shall furnish the 1'uehoser with a cenllicate tut such compensation and insurance have Wen provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such ccnificatcx shall specify the date when such eonhpcnsution mid insurance cx....... the Scllcr agrees that .such coupensaion and insurance sloll be ,naia tiacd until after the value work is completed and accepted. 19. PRO I ECTION AGAINST ACCIDEN"I'S AND DAMAGES. The Scllcr hcrcby assumes the c line responsibility and liability for any od all damage, loss or injury.1 any kind tar nature wha soccer W persons or property caused by or resulting from the execution or the work provided for in this purchase urdcr or in connection herewith. The Seiler will indenmi lv and held hamdess the Purchaser aW any or all of the Purchasers officers, agents and employees from and against any and all chains, lusxs, damages, charges or cxpctues, whether direct or Indireda, and whether to persons or property to which the Purchaser may be par or subject by rcawn of any an, action, neglect, omission or default on the part of the Seller, any of his contractors, or any of fhe Sellers or contractors offic,n, agent or cnhployces. In case any .suit or other Proceedings d.I1 be brought against the Purchaser, or its officers, agents or employees at any time tan account or by reason Of any act, action, neglect, mnissio, or default of the Seller of any of Ins contractors or any of its or their ciiecn, a,cut, or employers as aburesaid the Seiler hcrcby agrees to assume the defense thereof and to defend the vale at the Sellers own expense, topay any and all cuss, durges, attorneys fees and other exposes, any and all judgments that may be incurred by or obtained against the Parclaser 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 fhe property of the Purchoscr, or said parties in Or as a result ufsuch suits or other proceedings, Ibc Seller will tat.,tee cause tit, same [o be dissol'cd and discharged by giving bond or otherwise. The Seiler and his contractors Shull take all safety precautions, furnish and install all guards necessary for [he prevention of accidents, coulply with all Imes and regulaiunv with regard III safety including, but without Iinhitathol, the Occupational Safety ,,it Hcalth Act of )97U and all rules and regulations issued pursuant the cto. Revised 03/2010