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Home My WebLink About127666 MICHAEL TRUCKING - PURCHASE ORDER - 9122618PO PURCHASE ORDER 912261er Page City of9122618 ' of s `t Chis number must appear ` Collins1 1 on all invoices, packing slips and labels. Date: 05/04/2012 Vendor: 127666 Ship To: STREETS DEPARTMENT MICHAEL TRUCKING CITY OF FORT COLLINS 2450 W ELIZABETH ST 625 NINTH STREET FORT COLLINS Colorado 80521 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 Ordered UOM Unit Price Extended Price 2012 CONTRACTUAL 1 LOT LS 7,000.00 PER TERMS AND CONDITIONS OF BID 7355 2 Contractual Labor 1 LOT LS 1,000.00 3 Contractual Labor 1 LOT LS 7,000.00 4 Contractual Labor 1 LOT LS 7,000.00 Total $22,000.00 Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email: purchasing@fcgov.corn PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City ofCollins 9122618 2 of 3 Fort Gol f 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 Pill CIMSC Order Teens and Conditions Page 3 of 3 I. COMMERCIAL DETAILS. Tax exenmptions. By statute the City of Pon Collins is exempt firm" site and I ... I taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tux Exemption Certiliew, of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict pernornmuce u1'the terms and cundiliuns hereof, failure or delay to Internal Revenue, Dorset, Colorado (Refs Colorado Revised Smmms 1973. Chapter 39-26. 114 (Of exercise any rights or remedies provided heroin Or by law, titilure as promptly unify the Seller in the event of a breach, the acceptance ofor payment fur goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due I. failure to meet specihcatim,, either when shipped or due to defects of any undue wurrdntic, or obligations of this purchase order and shall not be devoted a waiver of any right at [lie damage in transit, may no returned to you for credit and are not to be replaced except upon receipt of written Purchaser on insist NO strict performance hereofor any ofits rights or remedies as to any such goods, regardless instructions from the City of Fon Collins. of when shipped, received or accepted. as to any prior Or subsequent default hereunder, nor shall any puq nit ore ...addicaliom ur rescission .1 this purchase order by the Pmrchuxr operate as a waiver of any .1' the tern. hep:nion. GOODS are subject to the City of M. Collins inspce ion on univul. hereof. Final Acceptance. Rcaipt of the nnrchundise, son ices or equipmem in espuve to this order can result in 12.ASSIGNMCKf OFAN'I'I'I'RUS'r CLAINIS. authorized pay'neft. on the pan of the City of Fort Collins. However, it is to be understand that FINAL Seller and the Purchuscr recognize teat in actual economic practice, overcharges resulting I''ni antitrust ACCEPTANCE is dependent upon completion ofull applicable required inspection procedures. violations are in fact bons by the Purchaser. Therlotore, for good cause and as consideration for esecuting this purclusc md,,, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.R., City of Felt Collins, 700 Wood St.. Fon Collins, CO 80522, mile- acquires under federal or state antitrust Imes Ivor such overelongo, relating o the particular goods or services udenv ise speroilicd col this order. II'pem"ission is given I. prepay freight and charge sip anCly, the original freight purchased or acquired by the Purchaser pursuant in this purchase enter. bill must accon"pany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. \Vhe, manufacturers have distributing points in various pans of the country, shipment is If the Purchaser dirces the Seller to cuncet nonconforming Or defective goods by a date to be agreed upon by the expected firm the nearest distribution point to dstinatiun, and excess freight will be deduced Rom houice when Purchaser and the Seiler, and life Sella theres tier indicates its inability or umvillinguesv to con"ply, the Purchaser shipments are made lie. greater distance. may cause the work to be performed by the most expeditious means available to it, .and the Seller .hull pay all costs a-ociumd with such work_ Perm is. Scllcr shall procure .1 sellers sole coot all necessary prmis, cenifcaes and licenses required by all applicable laws, regulations, orlirmnees and rules of the state, municipality, territory or Political subdivision where the work is porturmed, or required by any other duly constituted public authority huv ing jurisdiction over the work of vaoor. Seller Pother agrees o hold tie City of Fort Collins harmless from and against all liability and luss incurred by den" by reuson of an asserted or established violation of any such laws, rcgulutions, ordinances, rules and rcqulrcrnea'. Authorization. All parties to this contract agree but the rpres,m.tisacs err:, in fact, bon, fide and possess full and con"plete authority to bind said panics. LIMITATION OF TERNIS. This Purchase Order expressly limits acceptance to the terns and conditions stated herein set funh and any supplementary or additional erns and conditions annexed hereto or incorporated herein by reference. Any addilimml or diffcrcnt tern, and conditions proposed by sc•Ilen arc objected m ..it hc:eby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT' immediately if you cannot make complete shipment to arrive on your promixd delivery date as ucuo& Time is .1 the essence. Delivery and performance must be elf cled within the [title stated on the purchase order and the docmncnts attached heron. No acts of the Purchasers including, without lionnu on, acceptance ufpurtiul lute dcli... h"' shall .panto as a waiver of Nis provision. In the event orally delay, life Pmolo.ar shall have, in addition to other legal and equitable remedies, the Option ul placing this order elsewhere and holding ibc Seller liable liar dunuges. However, If: Seller shall nut be liable fin d'antugs as a result of delays due to causes not reasum bly foreseeable which are beyond its reasonable control and without is fault of negligence, such and of God, acts of civil Or military authorities, governmental priorities Pines, strikes, flood, epidemics, wars or riots povided that .,Once of fhc conditions causing such delay is given to the 1•unituscr within five (5) days of the time when the Seller first received Lou,, ledge Ihclea In the event of any such delay, the date of delivery shall be extended tot the period equal In the line actually lost by reason ul'tlie delay. 3. WARRANTY. The Seller warrants that all goods, auricles, mmcriab told walk covered by this oNcr will commit avid" applicable drwinge, dpecieicslimms, samples undir oihcr descriptions given, will be fit liar the parpnas intended, and perforowd with the highest degree of care and competence in accordance with accepted standards lot work of a similar nature. The Seiler agrees to hold the purchaser harmless front any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of waimmly. The SOW shall replace, repair m make good without cant to the purchaser, ally defects Or fuels miring within one (1) year or within such longer period of time as may be prescribed by law or by the cm, of any uppt icable wammy provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance Out to be unreasonably delayed), resulting from Offence t or defective week done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warrenty. Except as unccnvis. provided in this purchax• order, the Sol lers liability hereunder shall extend to all damage proximately caused by the breach Of any of the foregoing warrandas or ,..,,fees, bur such liability shall in no event include loss of petits or loss of use NO IMPLIED WAR RA NTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL'I'ERMS. The Purchaar may mukc change to legal terns by wrinen change ONcr. 5. CHANGES IN COMMERCIAL I CRAIS. The Purchaser may make any changes to the terns, other than legal toms, including additins to or del cliuns front the quart ifics originally ordered in the specifications or drawings, by verbal or written change order. If any such change. Beds the amount due ur the it.... ofperfonnancc hereunder, an equitable adjustment shall be inside. 6. TERMINATIONS. The Purchaser may at any tins by coition change order, herminmo this agreement as to any or all portions of the goods then no, shipped, subject to any equitable adjustment between the panics as to any work Or materials then in pnom,, provided that fhc Purchaser .hull nut be liable for any claims for unticipaed profits On the uncompleted portion of the goods and or work, lot incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respcet m any goods which ... the Scllcr standard smeL No such termination shall relic.. the Purchaser or the Seller of any of their obligations us to any goods delivered hcrcundcr. 7. CLAIMS FOR ADJUSTMENT. Any chin" for adjust ....... nhuet be macred within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITkf LAW. The Scllcr wary its that all goods sued hereunder shall have bcen produced, sold, delivered and fumishcd in strict compliance with alp applicable laws and regulations to which the gumt, .roc sabj"I. 'fhc Scllcr shape esecut, and deliver such doeancnts as may be required to cffcee or evidence con"plianee. All laws and regulations required to be incorporated in agrccnens nl'this character are hereby incorporated herein by his roorence. 'I'hc Seller agrees in indemnify and hold life Purchaser hurtn]ss front all costs and damages mIciod by the I'urchascr us a result ofthe Sellers failure to comply with such paw. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any litanies due or to becnuc due hcrcundcr without the prior written consent ofthe enter parry. 10. TITLE. The Scllcr warrants full, dear .,,it unrc,wicrcd title to fhc Purchaser Ivor all cquipolool, materials, and items furnished in performance of this agreement, free and clear of any and all lions, restrictions, n sen'atiov, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier Rum all liability and claims of any nature resulting Iron" the performance of such work. This release shall apply even in the event of fault of negligence of the puny releuscd and shall extend to the direcrrs, oJic.s and cntptoyccs ol'such puny. The Sellers contraction obligations, including tvanally, Shull nul be deemed to be reduced, in any way, because such work is perforned or caused to be perforated by the Purchaser. 14, PAL ENI S, Whenever life Seller is requited to use any design, device, material Or process covered by letter, patent, Imdcumrk or copyright, the Seller shall indemnify and save hornless the Purchaser Gum any and all claims fur infringement by reason of the use of such pacowd design, device. nuacriul or process in connection with the contract, and shall indemnify the Purchaser lot any cost, expense or damage which it may be obliged to pay by reason of such inning .ntcut at any time during the prusecution or slier the completion of the work. In ease said equipment, or any pan Ncreof or the intended use of the goods, is in such suit held to Constitute infringement unit ih. use of said equipmem or pan is enjoined, the Seller shall, v1 its awn expense and at its option, either procure for the Purchaser the right In continue using said equipment or parrs, replace the smne with subsuifl Aly equal but nonintiinging cquipmc:u, or modify it so it bccou:es :wninliinging. 15. INSOLVENCY. If the Sc11er shall become insolvent ur bankrupt, mukc at, uNsigon,ol Ivor the bcndit of creditors, appoint a receiver or trustee for any Of the Sellers property or business, this order may forthwith be canceled by life Palchuxr without liability. 16. GOVERNING LAW. The delinitims oft . ..... used or the inter, .rcnation of the ugr,co nl and the rights of.]] panics hcrcundcr shall be construed under and governed by the laws of the Sete ol'Colorado, USA. The following Additional Condition, apply only in eves where the Seller is In pedonu work hcrcundcr, including the services.1Sellers Rep rcacnutivcU), on the promise of ado s. 17, SELLERS RESPON'SIBILI'I'Y. The Seller shall curry on said work m Seller', man risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the wurk and/or materials before Settees final completion and .ecplatce, .omplcte life work at Sellers awn expose and to the smi'molim, of the Purchaser. When materials and equipn...it ar furnished by mbcn for installation or erection by the Seller. the Seller shall receive, ndoad, sore and handle wmc at life site and bamne rspovible therefor as though such ntmcrials xod/or equipment were being fumishcd by the Seiler under the order. 18. INSURANCE. The Scllcr shall, of his man expense, provide for the payment of worker cumpensatiun, including occupational dixasc bench., to its employees employed tut or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also curry comprehensive general liability including, but not limited to, eommctual and automobile public liability insurance with bodily injury and death linos of at ]cast 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 for such compensation unit insurance. More any of the Scllcrs or his contmnors employees shall do any work upon the prentias of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance IF... been provided Such evnilietes shall specify the date when such compensation and insurance have bcen provided. Such eorrifcates shall specify the date when such compensation and insurance expires. 'I'he Seller Ogren that such compensation .,,it insurance shall be maintained until it,, the entire work is completed and accepted. 19. PRO"rECTION AGAINST' ACCIDIiN'fS AND DAMAGES. T'he Scllcr hereby asnnes the entire responsibility and liability for any and all damage, loss nr injury crafty kind OF nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase uNer Of in connection herewith .'I'lie Scllcr will indemnify and hold hzrndess the Purchaser and any or all of the Purchasers officer,, agents Fund emptoy,. rams and against any and alp clutnts, poses, damages, charges or expenses, whoWcr direct m indirect, and whether hh persons Or progeny to which the Purchaser may be put or subject by wean Of any act, flown, neglect, ontissimt or default un the pan Of the Seller, ally at his contractors, or any of the Sellers or contractors officers, agents or colployecs. In ease any suit or other proceedings. lull be brought against he Purchaser, or is officers, agents or employees at any time on account or by reason of any net. union, neylcn, w lision or default of the Seller at any of his contractors or any of is or their officers, agents or enhployccs us aforesaid, the Seller hcrcby agrees to as9mne the defense Nercof and to defend the ..are .1 the Sellcs owe expense, to pay any and all cuss, cturgcs, aftorocys fees and other expense, any and .11 jodgumns Ihw Flay be ineuned by or obtained against the Purchaser m any of is or their .1feen, agents or eniptuyces in such suits or oilier poceedings, mud in ease judgnenl Or uNer lice be pluceJ upon or obtained against the property ut' IF, Purchase', or said punka in or as a result of ,a cif suits or other procccdings the Scllcr will at moons cause the sans to be dissolved end discharged by giving bond ur Otherwise. The Sella and his wnmco. shall take WI sWity precautions, Parish and install Opp guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safely including, but will..t limimtma, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereof Revised 03/2010