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HomeMy WebLinkAbout104592 MAXEY MANUFACTURING CO - PURCHASE ORDER - 9957433Date: 12/11 /2009 City of ort Collins Page Number: 1 Purchase Order Number: 9957433 Delivery Date: 12/11/2009 Buyer: HUME,JAMES Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence. Note: Line Qty/Units Description 1 1 LOT CM Truck Bed Model SS per 11-3-09 quote attn: Fred Urban Dept: Natural Areas Body to be installed on a 2010 Ford F350 DRW cab/chassis City of Fort C911-inyl Director of Purchasing and Risk Management This order is alid 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 Extended Price 5,462.45 Total $5,462.45 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions I. COMMERCIAL DETAILS. ' Tax exemptions. By statute the City of Foil Collins is exempt hunt state:nd local (uses. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-0000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-20. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written instructions from the City of Foil Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arriva Final Acceptance. Receipt ofthe met chandise. services or equipment in response to this order can result in authorized payment on the pan of the City of Foil Collins. Flotvever, it is to be understood that FINAL ACCE-PTANCI7 is dependent upon completion of all applicable required inspection procedures. Freight Tents. Shipments must be F.O.B., City of Pon Collins. 700 Wood St.. Fort Collins. CO 80522. unless otherwise specified on this order. I f permission is given to prepay freight and chtirge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted, Shipment Distance. Where nnanuficturers have distributing points in various parts ofthe caunuy, shipment is exlxcted from the newest distribution point to destination, and excess freight will be deducted fiout Invoice when ships Buts are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessi y permits, certificates and licenses required byall applicable laws, regulations, ordinances and rules ofthe state, municipality, ten itory ur political subdivision \where the work is performed, or required by any other duly constituted public authority having jurisdiction o%er the work of vendor. Seller further agrees to hold the City of Pon Collins harmless front and against all liability and loss incurred bythena by reason of an asserted or established violation of any such laws_ regulations, ordinances. rules ;and re(lim cntents. Authorization. All parties to this contract agree that the representatives are. in fact. bona fide and possess fill mad complete authority to hind said parties. LI MITATION OF TERMS. This Purchase Order expressly limits acceptance to the tens and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different tens and conditions proposed by seller ;are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT innnedimehy if you cannot stake complete shipment to arrive ma your promised deliverydate as noted. Tinte is ofthe essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpartial late deliveries, shall operate as.a waiver ofthis 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 causes not reasonably foreseeable which ire beyond its reasonable control and without its fhult ofnegligcee, such acts of God, acts of civil or military authorities, governmental priorities, tires, strikes, flood. epidemics, wars or riots provided that notice ofthe conditions causing such delay is given to the Purchaser within five(5) days of ilne time when the Seller first received knowledge thereof. In the event ofany such delay, the date ofdelivety shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods. articles, materials and work covered by this order will couli,nn with applicable drawings, specifications, sarnphes and/or other descriptions given, will be tit fin the proposes intended. :nd perfbntted with the highest degree of care and competence in accordance with accepted standards fix work otn sinailauinure. The Seller agrees to hold the purchaser harmless hornany loss, damage or expense which the Purchaser nnay softer or incur on account ofthe Sellers breach of warranty. The Sella shall replace, repair ur make good. without cost to the purchaser, anv defects or faults arising within one ( I I ye:a or within such longer period of time as ncry be presented Its law m by the terns of any applicable warranty lnovided by the Scller attet the date of ❑ccept:nce ofthe goods furnished hereunder (acceptance not to be unreasonably delayed), resulting front imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute :a \vaiver of any claim under this warranty. Except as otherwise provided in this purchase ordlcr, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any ofthe kaegoing warranties ur 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 tens by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the teens, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or \written change order. If any such chmaee affects the amount due or the time of performance hereunder, in equitable adjustment shall be made G. TERMINATIONS. The Purchaser may m any time by written change order, terminate this agreement as m anv or all portions ofthe goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipmed profits on the uncompleted portion ofthe goods and/or work, for incidental or consequential damages, and that no such aljusmtean to made in favor u(the Sella with respect to any goods which me the Sellers standard stock. No such termination shall relieve the Put chaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment Must be asserted within thirty (30) days boon the date the chance or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, soh, 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 he required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this chmacter ore hereby incorporated hercin by this reference. The Seller agrees to indemnify, and hold the Purchaserharmless fiont all costs and damages suffered by the Purchaser as a result ofthe Sellers failure to comply with such Inv. If and only to the extent this [Agreement] constitutes a "sole source to vernnrenl contract" \vithin the meaning of Article XXV IIl ofthe Colorado Constitution ("Article XX V III" ). then the provisions of Section 15 ofAnicle NXV III are hereby incorporated into this [Agreement]. In such a case. if the [Conoacmrl or ;illy other person vwho is a "contract holder" as defined in Section 2(4.5) of Article XXVIII intern Tonally cialnR•s Section 15 or Section 17(2) of Article XXVIII. then the [Contractor] agrees it shall be ineligible to hold any sole source gM\'erramClra conunct. or public enaployrnem with the state of Colorado or any of its pohit ical ski bdiwisiuns. fix three years. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due err to Iecomte (file hereunder without the prior written consent ofthe other party. to. TITLE. 'I'he Seller warrants full, cletu mud unrestricted title to the Purchaser for all equipment. materials, and items ftttnished in performance of this agreement, flee mitt clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of other's. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the tents and conditions hereof, failure or delay to exercise any nglus or remedies provided herein or by Imv, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the tvnn'ant ics or obligations of -this purchase order and shall not be deemed ❑ waiver of any right of the purchaser to insist upon strict pet tonnance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent defatdt hereunder, not shall any purported oral modification or rescission ofihis purchase Inder by the Purchaser operate as a waiver of any of the terns hereof. 11 ASSIGNMENT 01: ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice. overcharges resulting fiont antioust violations are in fact bOrnC by the Pnr'ChaSer'. Therctofixe, It, good cause and as consideration for executing this purchaseorder, the Seller hereby assigns m dad Purchaser any and all claims it may now have or hereafter acquired under federal or state antioost laws for such overcharges relating to the particular goods or services purchased m aacqunel by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser mid the Seller, and the Seller thereafter indicates its inibilitym unwillingness to comply, the Purchaser cony cause the work to be performed by the most expeditious means ivaihnble to it. and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors ofany tier fi'ona all liability and elatints ofany nature resulting I from the pertormance of such work. This 'eerie shall apply even in the event of fault of negligence of the pmiy released and shall extend to the directors. officers and employee ofsuch party. The Seller's cornracnr:d obligations. including warranty, shall not be deemed to be reduced. in anyway, because such \work is pertonned or caused to be pertixt»ed by the Purchaser. 14. PAT NI S. Whenever the Seller is required to use any design, device, material of process covered by letter, patent, trademark or copyright, the Seller shall in(lenrai fy ind save hamless the Purchaser from any and all claims for infiingetent by reason ofihe use ofsuch patented design, device, material or process in connection with the contract. and shall indemnify the Purchaser f tr any cost, expense or damage which it may be obliged to pay by reason of such ini ingentent at any tine (luring the prosecution ur after the completion ofthe work. In case said equipment• or any part thereafm the intended use ofthe goods, is in such suit held to constitute iri ingement and the use of staid equipment or pan is enjoined, the Seller shall, ❑t its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the smite with substantially equal but non -infringing equipment, or modify it so it becomes nun -infringing. 15. INSOLVENCY. If the Seller shall Ixconne insolvent m bankrupt. stake art sssigmnent for the benefit ofcreditors, appoint a receiver or ouster tot ally ofthe Sellers property or business, this order may forthwith be canceled by the Ptuelaser without liability. IG. GOVERNING LAW. The dclinitiores of tens used or the into prnminn of the agreenent ail the rights of all parties hereunder shall le consuved under and governed by the laws ofthe State of Colorado, USA. The fbllowing Additional Conditions apply only in cases where the Seller is to pertirna work hereunder. including ilae services of sellers Represcrnntiwe(s), on the premises of others. 17. SELLERS RESPONSIBILI IY. The Seller shall canyon said work at Seller's own risk until the saute is filly completed and accepted, and shall, incase of any accident. destruction or injuty to the work and/or materials before Seller's final completion and acceptance, onplete the work at Seller's own expense and to the smisfaction ofthe Purchaser. When materials and equipment are Iiunished by others lox installation m erection by the Seller. the Seller shall receive unload. store and handle same at the site and become responsible therefor m though such materials ind/orequipment were being famished bythe Seller under the order_ 18. INSURANCE 'I'lle Sella shall. at his own expense, provide for the payment ofworkers compensation, including occupational disease benefits, to its employees employed on m in connection with the evrk 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 carry comprehensive general liability including, but not limited to, contractual and automobile public liability insuraneewith bodily injury and death limits of at least $300,000 fin any one person. $500.000 for any one accident and property dannage limit per accident of S400 000. The Seller shall likewise require his contractors. if any. to provide for such compensation and insurance. Befoo, any of the Sellers or his contractors employees shall do any work upon the premises ofodsrs, the Seller shall drrnlsh the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the dote when such compensation and insurance have been provided. Such certificates shall spccity 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. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. "hhe Seller hereby :assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nanne whatsoever to persons or property caused by or resulting fi'om the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indennify and hold harmless the Purchaser and any or all of the Purchasers officers• agents and employees from and against tiny :rod all claims• losses, damages, charges or expenses, whether director indirect and whether to persons m property to \which the Purchaser nnay be put orsubject by reason ofany act. action, neglect. omission or defatdt on the pan of the Seller. any ofhis contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser. or its officers. agents or employees at any time on account or by reason of any act, action, neglect, omission Ill default ofthe Seller of any of loos 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 saute at the Sellers own expense, to payany and all costs, charges. attumcys fees and other expcases, any and alljudgnaents that maybe incurred by orobtainedagainst the Purchaser or ally of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien he placed upon or obtained against the property ofthe Purchaser, or said parries in or as aresult ofsuclr suits or of her proceedings. the Seller will at once cause the saute to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary fur the prevention of accidents. comply with all laws and regulations with regard to safety including. but without limitation. the Occupational Safety anti Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 04/2IJt19