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HomeMy WebLinkAbout104592 MAXEY COMPANIES INC - PURCHASE ORDER - 9122707PURCHASE ORDER PO Number Page City ofCollins ��� 9122707 ' of z `t Coll` I n C This number must appear J on all invoices, packing slips and labels. Date: 05/09/2012 Vendor: 104592 Ship To: ELECTRIC UTILITIES MAXEY COMPANIES INC CITY OF FORT COLLINS 2101 AIRWAY AVE 700 WOOD ST FORT COLLINS Colorado 80524-2713 FORT COLLINS Colorado 80521 Delivery Date: 05/09/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Ordered Extended Price CM Model PL Bed Standard 1 LOT LS 4,450.00 Duty 12' X 97" (Flatbed Body) per CM Model PL Bed Standard Duty quote dated 5-2-12, Attn: Paul Zuhlke Dept: Electric Utility Flatbed for 2350, a 1996 IH 4700 Utility body currently mounted on the truck is to be traded in for $300 credit, already reflected in the PO price. Install pintle plate per quote. Coordinate with Joe Lucero at the Fleet Main Shop to schedule removal of old body and installation of the new. Total $4,450.00 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 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 ,mute the City of Fan Cnll ins is eweupt form sn to cold local taxes. Our Exemption Number is 98-0H502. Federal Escise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statow, 1973, Chapter 39 26, 114 (a). Goods Rejected. GOODS REJECTED duc to failure to meet speci fical ions, either when shipped or due In defects of damage in transit, may be renamed to you for credit and arc not to be replaced except upon receipt of written instructions fmm the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on nrivil. 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 law, failure to promptly notify the Seller in the event of n breach. the acceptance ofor payment (or goods hereunder or approval of the design, shall not release the Sellerof any of the wmmntics or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hempfor any of its right or remedies as to any such grads. regardless of when shipped, received Or ncecPmd, is to any prior or subsequent default hereunder, nor shall any parfraed Oat modification 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, .cervices or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to he understood that FINAL Seller and the Purchnscr recognize that in actnnl economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase oulct. the Seller hereby assigns to the Purchaser any and ill claims it may now have or hereafter Freight Terris. Shipments must be F.O.H.. City of Fort Collins. 7M Wood St., Fart Collins, CO 90522. unless nequired under federal or state antitrust laws for such n%cmharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge sepnmtely, the onginal freight purchased m acgnimd by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additinmal charges for packing rill not he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacturer have distributing points in various pans of the country. shipment is If the Purchaser directs the Seller to cared nnnconfnming or defectiwe goods by a dme to be agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will he deducted from Invoice when Purchaser and the Seller, and the Seller thcmaficr indicates its inability or unwillingness to comply. the Purchaser shipments arc made front greater distance. may cause the work to be perforated by the most expeditions means available to it. and the Seller shall pay all costs neseriamd with such work. Permits. Seller shall procure at seders sole cost all accessary pewits cco fcatea and licenses requited by all applicable laws, regulations, ordinances and rules of the state. municipality, wintery or political subdivision where the work is perfumed, or required by any other duly constituted public authority having jurisdiction over the work of w.do, Scllcr fen u r agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such taus, regulation,. ordinances, odes and requirements. Authorization. All panics to this contract agree that the reprcscmmivm arc, in fact. bona fide and possess full and complete authority to bind m id parties. LIMITATION OF TERMS. This Purchase Order eaprecly limits acceptance to the toms and conditions .stated herein set forth and any supplementary or additional toms and conditions annexed hereto or incorpamned herein by reference. Any additional or different terms and conditions proposed by sell,, are objected found herchy rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT imnudiatcly if you cannot make complee shipment to ini%c on your promised delivery date as nrncd. Time is ofthe essence. Delivery and pinfomancc must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including. a'ithom limitation, acceptance afpm ial late deliveries, shall operate is a waver ofthis provision. In the event crony delay. the Pumhascr shall have, in addition to other legal and equitable remedies, the option ofplacing this order dsnylum and holding the Seller liable for damages. However. the Seller shall not be liable for damages is a result of delays due to causes not rrom ably fonsecablc which arc beyond its reasonable control and without it fault of negligence. such act of God, acts of civil or military authorities governmental priorities, fires, strikes, Bad, epi dean ics, war, or riots pmvidcd that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Scllcr first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equai to the time actually lost by re:w on of the delay. 3. WARRANTY. The Seller wzmnts that all good, articles, materials and work covered by this order win 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 cam and cominegrec in accordance with accepted standards for work of a similar atnre. The Seller agrees to hold the purchaser I amlcss Tom any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wramnty. The Seller shall replace, repair or make good, withrnn cost to the purchaser. any defects or faults arising within one (1) year or within such longer perind of time as may be prescribed by law or by the terms of any applicable warranty pmvidcd by the Seller after the date of acceptance of the good furnished hereunder (acceptance not to be unreasonably delayed). resulting From imperf tit or defective weak done or materials furnished by the Seller. Acceptance or use of grads by the Purchaser shall net constitute a waiter of any claim tinder this wamnty. Except as otherwise pmvidcd in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits m loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal toms by written change onchn. 5. CHANGES IN COMMERCIAL TERMS. The Purchasermay make any changes to the terms, other than legal terms, including additions to or deletions TrainTrainthe quantities originally ordered in the specifications or drawings, by verbal or written change anler. If any such change affect the amount due or the time ofperformance hereunder, an equitable adjustment shall be made, fi. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment ben%ccn the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work. for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any goods which pre the Scllcrs standard stock. No meh termination shall relieve the Purchaser or the Seller nippy of their bligations as to any grads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most he asserted within thirty (30) days front the date the change Or termination is ordered. S. COMPLIANCE WITH LAW. The Seller wpmuts that all goods sold herdmder shall have been produced. sold. delivered and furnished in ,strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall cxccutc and deliver such documents as may be required to effect or evidence compliance. All Imes and reguiaions required to he incorpoated in uncements of this character are hereby incorporated herein by this reference, The Scllcr agrees u% indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaar as a result Of the Scllcrs 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 withmn the prior written consent of the other parry. 10. TITLE, The Seller wamnt in lh clear and unrestricted title to the Purchnscr for all equipment. materials. and items furnished in pafomancc of this agreement. free and clear of any and all liens. restrictions, rea,ryntions, security interest encumbrances and claims of others, The Seller shall release the Purchaser and its contractors of any her from all liability and claims of any nature resulting from the per(nmtance ofsuch work. This rcleaae shall apply even in the event of fault of negligence of the party released and shall extend to the directors. omccrs and cmpinyccs n(such party. The Seller's contractual obligalions including uam ity, shall not he deemed to be reduced, in any way, because such work is perfomed or caused to he performed by the Purchaser. 14. PATENTS. Whenc%cr the Seiler is required to use any design, device. material or prueccs covered by letter, patent, trademark or copyright. the Seller shall indemnify and save harmless the Purchaser fmm any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contact, and shall indemnify the Purchaser for any cast, expcm c or damage which it may be obliged to pay by reason ofsatch infringement at any time during the prosecution or after the completion of the Work. In case said equipment. or any pan (hereof or the intended use of the grinds, is in such snit held to constitute infringement and the use of mid equipment or port is enjoined, the Seller .shall, at its ram expense and at its option, either procure for the Parchascr the right to continue using slid equipment or parts, replace the same with substantially equal but nooinfringing equipment or modify it ..,w it beeomcs naninfringing. 15, INSOLVENCY. If the Seiler .shall become insolvent nr bankrupt. make an assignment for the benefit of creditors, appoint a remiver or trustee for any of the Sellers property or business. Ihis order may fonhwlth he canceled by the Purchaser without liability. Is. GOVERNING LAW. The definitions armpits used or the imcrigmunion o(the agreement and the right afall parties hemundcr shall be constnurl tinder and governed by the laws ofthc Slate of Colorado. USA. The following Additional Conditions apply only in cases where the Seiler is to perform work hdcundcr, including the scn'iecs o(Shccrs Rcprcscnal lvc(s). on the premises products. 17. SELLERS RESPONSIBILITY. The Seller shall carry on mid wars at Sellers own risk until the same is fully completed and accepted, and shall, in case of any accident. destruction or injury to the Work anslsor numnid, before Sellers final eanlpldion and acceptance, complete the Work ot Seller', mvn cspcnsc and to the satisfaction of the Parchascr, ss'hcn materials and equipment are furnished by others for insnllalion or erection by the Shcce the Seller shall receive unload. ,fare and handle ,,me at the site and become responsible therefor as though such menials and/or equipment were being furnished by the Seller under the order. IR. INSURANCE. The Seller shall, at his own expense. pmvidc for the payment Of Workers compensation, including occupational disease benefits, to its cmpinyccs cmpinycd on or in connection with the work covered by this purchase order. and/or In their dependents in accordance with the laws of the state in which the work is to he done. The Seller shall also carry conmrehensive general liability including. but not limited to, contractual and automobile public liability insurance with braille injury and death limits of at least S300,000 for any one person. S500,000 for any one accident and pmperty damage limit per accident of S400,000. The Seller shall likewise require his contractors. if any, to provide for such compensation and inmmnce. Before any of the Scllcrs or his contractors cmployces shall do any work upon the premises of others. the Seller shall furnish the Parchascr with a ccnificmc that such compcnsntion and insurance have been provided. Such certificates shall specify the date when such compensation and insuancc have been pmvidcd. Such certificates shall specify the date When such compensainn and insurance expires. The Seller agrees the such compensation and insurance shall be maintained until after the entire work is enmpleted and accepted. 19. PROTEC"P]ON AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage. loss or injury pretty kind or nnhpe whatsoever to persons or property caused by or reselling from the cxeaullon ofthe work pmvidcd for in this purchase outer or in connection herewith. The Seller %rill indemnify and hold brimless the Purchaser and any or tilt of the Purchneers a icers, agents and employees from and against any and all claims, losses damages. charges or expenses, abether direct or indirect and whether to persons Or property to which the Purchaser may he pat or suhject by reason of any net action, neglect, omission or default on the pan of the Seller, any of his con lmcmrF, or any of the Scllcrs or contractors omeeN. agents or employees. In cube any suit or other procccdings shall he hmught agninat the Pumfiwvn or its nfliurs. agents or cmployces at any time on account or by reason of any act action, neglect, omission or dcfnah of the Seller of nny of his contractors or any of its or their officers. agent or employees ,s aforesaid, the Seller hereby agrees to assume the defense thcrmf and to defend the same at the Scllcrs mvn 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 Pnmhaser or any of its or their officers. agents or employees in such suits or other procccdings and in case judgment or other lien be placed upon or obtained against the property of the Purchnscr, or said parties in or as a result of such suits or other procccdings. the Seller will it once cause Ira same to he dissolved and discharged by giving bond or otherwise. The Seller and his eonrncmm shall take nil safety precautions, furnish and install all guards necessary for the prevention of ncciddris, comply With all laws and regulations with regard to safety including, but Without limitation, the Occupational Sa(cty and Health Act 01`1970 and all ndes and reguiaions issued pursuant thereto. Revised 03/2010