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HomeMy WebLinkAbout104592 MAXEY COMPANIES INC - PURCHASE ORDER - 9122709PURCHASE ORDER PO Number Page City Of9122709 1 of z `t Con all i tuber mustpacking ` Collins` 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 Ordered UOM Unit Price Extended Price Big Tex 16' Equipment Trailer 1 LOT LS 6,775.00 12000# GVWR per quote dated 4-10-12, Attn: Paul Zuhlke Dept: Electric Utility Deliver trailer & title documents to: Fleet Main Shop, 835 Wood Street, Fort Collins 221-6613 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, 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: 775.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of hbn Collins is exempt form state and local taxes. Our Exemption Number is 11. NONWAIVER. 99-0,1502. Federal Excise Tax Exemption Cou Ocae of RcFi,ny 94-611 is registered with the Collector of Failure of the Purchaser to insist upon strict perfomemee of the ems and eanditions hereof. failure or delay to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Starnes 1973. Chapter 39 26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seiler in the event of a hrerch, the acceptance for flavorful for Foods hereunder or approval of the design. shall not release the Selloof Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the sirmnties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, mnv be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hossforany of its rights or remedies as to any such goods, regardless instructions form the City mf Fon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any purpnnN call mMification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are si3Ncct to the City of Fort Collins inspection an arrival. 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 Fort Collins. However. it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmm antitmst ACCEPTANCE is dmcndem upon completion of all applicable required inspection Procedures. violations are in fact home by the Purchaser. Throctofnrc. for grad "live and as consideration for executing this purchase order, the Scllcr hereby assigns to the Purchaser any and all claims it may now, have or hcrcaner Freight Terms. Shipments must be F.O.B.. City of Fort Collins. 701) Wood St. Fort Collins, CO R0522, unless acquired under federal or state antitrust Imes for such overcharges relating to the particular goods Or services otherwise specified oa this order. If permit ion is given In mpay freight and charge sepnmtcly. the mriginal freight purchased or required by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing swill not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufficturem have distributing points in various pans of the century. shipment is If the Purchaser fired, the Scllcr to correct nonconforming or defective goods by a doe to be agreed upon by the expected fmm the nearest distribution paint to destination. and excess Flight will he deducted Two; Invoice when Porehawr and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made fmm greater distance. may cause the work to be performed by the most espcditlous means available to it. and the Scllcr shall pay all costs associated is fill such work. Pewits. Seller shall procure at sellers sole cost all twer,,ary pewits. eer ifotw, and licemr, required by all applicable laws, tegulatinns, ordinances and rules of the state, municipality, territory or political Subdivision where the work is Performed. or required by any other duly constituted public authorip' having jurisdiction over the work of vendor, Seller father agrees to hold the City of Fort Collins harmless finial and against all liability and loss incurred by them by reason Man asserted or established violation of any .such laws, regulations, ordinances, rules and requirements. Anthonzation. All panics in this contract agree that the representatives are, in fact. bona fide and possess fall and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly' limits acceptance to the terns and conditions stated herein set forth and any supplementary or additional tans and conditions annexed hoctn or incorporated herein by reference. Any additional or diffdrem more, and conditions proposed by'seller are objected to and hereby rejected. a_. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to runic on your premised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time stated on the Purchase order and the documents attached hereto. No acts of the Parchr,os including. is thou) limitation, acceptance afpartial late deliveries, shall operate as a waiver of this prevision. In the event crane delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplaing this order chewhcat and holding the Seller liable for damages. However, the Seller shall not he liable for damages as a result of delays due to causes not reasonably foreseeable which am beyond its reasonable control and withnat it full of negligence, such acts of God, acts of civil or military authorities, governmental p iontics. fires, strikes. hood, epidemics. wars or riots pmvidcd that notice of the conditions causing vuch 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 fur the period equal to the time actually last by reason Ofthe delay a. WARRANTY. The Seiler wamnts that all goods. articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, sell( he in for the purpevcs intended, and performed with the highest degree of care and competence in accordance with accepted standards for work oft similar nnmrc. The Seller agrees to held the purchaser hamlcss firm any loss, damage or expcnse which the Purchnscr may suffer or incur on account ofthe Sellers breach of ivzmnty. The Seller shall replace, repair Or nuke good, without cost to the purchase,, any defects or faults arising within one (1) year or within such longer period n1' time as may he prescribed by law or by the terms oftny applicable..amnry provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials fitmishcd by the Seller. Acceptance or use of goods by the Find hasc, shall not constitute a waiver fany claim under this wamnty. Except as Otherwise Provided in this purchase order, the Scllcrs liability hereunder shall extend to all damages proximately e... of by the breach of any of the I'nrcRoing omix miss, or guamntccs, but such liability shill in no event include loss of profits or loss ofuse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tans by written change order. 5. CHANGES IN COMMERCIAL. TERMS. The Purchaser may make any changes to the tans, other than legal toms. including additions to or deletions from the quantities originally ordered in the spccifucminns or drawings. by verbal or written change mulct. If any such change rffccts the amount due or the time ofperfomance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any lime by w'rittcn change order, terminate this agreement as to any or all portions of the Foods then act shipped, subject to any equitable adjustment between the panics as to any work or material then in progress pmvidcd that the Purchaser shall not be liable for any claims for anticipated fl.fit, no 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 Scllcr with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchasc, Or the Seller orally of their obligations as to any gouts delivered hercund". 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he asserted within thirty (30) days fmm the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seiler warrants 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 Seiler shall execute and deliver such docnmens as cony he required m effect or evidence compliance All laws and regulations required to be incorporated in agreements of this character are hereby incorporated hcrcin by this reference. The Seller ngrccs to indemnify and hold the Purchnscr hemdess fmm all costs and damages suffered by the Purchaser as a result ohhc Sellers failure to comply with such law. 9. ASSIGNMENT, Neither Pliny .shall assign, transfer, or convey this order, or any monies due or to become due herctmder Without the prior written consent of the other party. 10. TITLE. The Seller warn at, fall, clan and unrestricted tide to the Purchaser fora[] equipment, malcriils, and items furnished in performance of this agreement free and clear of any and all liens. restrictions, reservations. security interest encumbrances and claims of olhem. The Seller shall release the Purchaser and its contractors of anv for fmm fill liability and claims of any nature resrdting from the pofimmonce of such work. This relerve shall apply wen in the event of Fruit of negligence of the party released and shall extend to the directors, ofr"t.and or ployccv ofsuch party. I be Seller's contractual obligations, including warn sty, shall not be deemed to he reduced, in any way, because such work is performed or caused to he performed by the Purchnscr. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process mveml by letter, patent, trademark or copyright the Seller shall indemnifv and save harmless the Purchaser fmm anv and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract and shill indemnify the Purchaser for any cost. expense m damnge which it cry be obliged to pay by reason of inch infringement at any time during the prosecution or after the completion of the work. In case said equipment. or any pan thereof or the intended use of the goaols, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchnscr the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment of modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent Or bankrupt make an assignment for the benefit of crcdunu. appoint a receiver or trustee for any of the Sellers proper or business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of tans used or the interpretation ofmc agreement and the rights ofall panics hcreundcr shall be constmcd under and governed by the laws of the State of ColfiradO. USA, The following Additional Conditions apply nary in cases where the Seller is to perform work hereunder. including the services of Sellcm Representative(s). on the premisev ofothers. 17. SELLERS RESPONSIBILfrY. The Scllcr shnll carry on mid work at Seller's own risk until the same is fully completed and accepted, and shalt in case of fay accident destruction Or injury to the work and/or nmterials berme Seller's Mil completion and ncccptnnce, complete the Work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipmwnt ire furnished by others for installation or erection by the Seiler, the Seller shall receive, unload, more and handle same at the site and become responsible therefor as though such materials and/or equipmclu Were being furnished by the Scaler under the order. 18. INSURANCE.. The Seller shalt, at his no expcnse, provide for the payment of worker, compensation, including occupational disease homfi,, to it employees employed on of in connection with the work covered by this purchase order, and/or to their dependents in accordance With the (awes of the state in which the work is to he done. The Seller shall also tarty comprehensive general liability including. but not limited to. contractual and automobile public liability incumnee with bodily injury and death limit, of at (cast slonI INm for nny one rcr on. S5no.w for any one accident and property damage limit per accident of S400.000, The Seller shall likewise require his contmcmrs, if any, to provide for such cempemation and insurance, Before any of the Sellers or his contractors employees shall do any work upon the premises Mothers. the Seller shall famish the Purchaser with a collimate that such compensation and insurance have been provided. Such cenifiemcs shall specify the date when such compensation and insurance have been provided. Such sciffieatev shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insmmace shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller berchv assumes the entire responsibility and liability for any and all damage. loss or injury firmly kind or nature whatsoever to persons or pmncrty caused by or resulting fmm the exaction cribs work provided for in this purchase order fir in connection herewith. The Seller will indcmnify and hold harmless the Purchaser and any of all of the Purchasers officers, agents and employees fmm and against any and all claims, losses, damages. charges or expenses, "'holler direct or indirect, and whether to persons of property In which the Purchaser may be pul or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors. or any Of the Sellers or contractors officers, agents Or emploees. In case any suit or other proceedings shall he brought against the Purchnscr, or its officers, agents of employees it any lime on account or by reason ofnny act aclion, neglect, Omission or default of the Seller of any of his contractors or any of its fir Ihcir officers, agents or cnlployccs as aforesaid, the Seller hereby agrees to assume the defense thereof and In defend the same ;it the Sellers own expcnse, to pav any and all costs, charges, altumcys fees and other expenses. any and all judgments but only be incurred by or obtained against the Purebiscr or any of h% or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained ignimst the property of the Purchaser, or said Panics in or as a result ofsuch suits or other proceedings, the Seller will at Once cause the same to be dissolved and discharged by giving bond or Olhenvise.'I'he Seller and his mntrnctors shall take all safely precautions, furnish and install all guards necessary for the prevention of accident, comply with all lazes and regulations with regard to safety including, but witlmit limitation, the Occupational Safety and Health Act of 1970 and all mlcs and regulations issued parmant thereon. Revised 03/2010