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HomeMy WebLinkAbout127666 MICHAEL TRUCKING - PURCHASE ORDER - 3214280Fort Collins Date: 05/16/2014 Vendor: 127666 MICHAEL TRUCKING 2450 W ELIZABETH ST FORT COLLINS CO 80521 Delivery Date: 01/09/2014 Note: PURCHASE ORDER PO Number Page 3214280 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Line Description Quantity UOM Unit Price Extended Ordered - Price 2 addendum to PO 1 LOT LS 10,000.00 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul 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 $10,000.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Conditions Page 2 of 2 1. COMMERCIALDEfA1LS. Tax exemptions. By statute the City of Fan Collins is exempt from or, and local macs. Our Exemption Number is 11. NONW'AIVER. 98-04502. Federal Ease. Tax Exemption Certificne of Registry 84-6000589 is registered with the Collector or Failure of Ne Purchaser to most upon stria performance of the hems and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or bylaw. failure to pmmp0y notify do Seller in the event of a breach, the mmpopme of or payment for goads hadera er or approval of the design, shall tut release the Seller of Good Rejected. GOODS REJECTED due m faiilure m meet specifications, cities when shipped or due to defects of any of the warranties or obligations of this purchase order and shall ad be domed a waiver of any right of the damage in transit, may be returned in you for credit and are not to be replaced except upon deripr of wrinen purchaser to irssist upon stria perfoma wm hereof., any of its rights or remedies as as any such goods, regardless instructions from the City of Fon Collim, of when shipped, received or or eal as to tiny prior or subsequent default hereunder, nor shall any propane l oral modification or rescission of this purcluse order by the Forebear operae as a waiver of my of the terms Irkspedim. GOODS are subject to the City of Fan Collins inspetw on arrival. thereof. Final Acceptance. Receipt of the marckindiss, savices or equipment in response to this order can ' esult in 12. ASSIGNMENT OF ANTITRUST CLAIMS, amhoriked payment on the pan of the City of Fort Collins. However, it is to In, undeasmod thatFINAL Sella and the Purchases recognise that in actual economic practice, oveoharges resulting from antitrua ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Pumhaser. lhemobse. for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments mnsr be F.O.13., City of Fiat Collins, I00 Wood Sr, Fan Collins, CO 90322, unless acquired under federal or sme antlaus, laws for such overchagce, relating m the porti mian good or services otherwise specified an this order. If pdarrission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. ... 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country shipmen is Hit, Purchaser dines the Seller to curd nonconforming or detective good by a date to be a greed upon by the expected from the owiS, distributor, pulp, to deslitmtion, and excess freight will be deducral from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, ,he Purchaser shipments pre made from greater distance, may cause the work 1. be performed by Om most exprd tires means available m it, and the Seller shall pay all costs rea used win such work. Permits. Seller shall protein, at sellers sole cost all necessary permits, cenifirdes :rod licenses required by all applicable laws, regulations, ordinances and roles ufthe state, municipality, territory or political subdivision where the work is pcdbnned, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to Auld the City of Fan Collins harmless from and against nil liability and loss incurred by them by reason of an assened or established violation of my such laws, regulations, ordinances, roles and rairmemems. Authodastim, Ail parries to this contract agree ,kit the representatives are, in fact, bona fide and pmssess full and complete ordinary to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the mans and eorditimr, stared herein set forth and any supplementary or additional terns anal rouditiom annexed Mmo or incorporated heroin by reference. Any additional or d0firea uerms and conditions proposM by seller pre objected to and Mmby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immeduoely if you to 1 make complme shipment m naive oa yore Promised delivery dam as noted. Time is affair essence. Delivery anal performance mnsl be eRened within the time stated on the purchase order and the documents artaehed hereto. No acts of the Perrdmsrs including, without limitation, acceptance ofpm d Ire deliverees, shall option, as a waive( of Otis provision. In he ,at 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 fir damages. However, the Seller shall not be liable in, damages as a result of delays due to canes not personably, foreseeable which art beyond is reawoable control and without its fault of negligence, such acts of God, acts ofeivil or military authorities, govemmrnml priorities, fires, tanker, Rood epidemics, wars or nark provided that notice of the conditions causing such 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 dam of delivery shall be extended for the period equal to the time actually last by peawn of the delay. 3. WARRANTY. The Seller warns that all goad, articles, materials and work covered by this order will conlmn with applicable drawings, specifications, samples and/or other de,mortlons given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or made good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may nd prescribed by law or by the mmu ofany applicable we.., provided by the Seller after the sane of acceptance of the goods famished hereunder (acceptance accepnce not to be indomitably m bly delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or as of good by the Purchaser shall not omtimw a waiver of my claim under this wamanry. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extard m all damages proximately caused by the breach of any of the foregoing warranties or guporn ers, but such liability said[ in an event include loss of prefics or lass or use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE Sf VLL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchases may make changes to tell terns by wainen change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the toms. other dun legal order, including additions to or deletions from me quantities originally nodded in the specifications or drewags, by rated or women change order. If any such choose offer. the ..an, due of the time nfiseaformapee hereunder, An d ubabhe adjnstmenT shall be made. 6. TERMINATIONS. The Purchaser may in any time by women change order, terminate this agreement as to .fay or all potions of he good then not shipped, subject or any ryoitable ad,.. between the parries m to any work of materials then in progress provided that the Purckisr shall not be liable for any drums for anticipated profits on the uncompleted portion of the goods mi work, far incident.[ or coruIquential damages, and that no such adjustment be made in favor of the Seller with respect ro any gcod which arc the Sellers standard stock. No such teoninmion shall relieve the Purchaser or the Seller of any of their obligations as to any good delivered hereunder. Y. CLAIMS OUR ADJUSTMENT. Any claim for adjustment must he asserted within ludy (30) days from the date the change err temtination is oNered. 8. COMPLIANCE Will LAW. The Seller warrants that all good sold harmande, shall have been produced, sold, delivered and famished in said compliance with all applicable laws and reguutiom to which the good are subject. the Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required m be incorporated in agreements of this character are hereby incorporated hepebt by this reference. The Seller agrees to indemnify and hold the Purchaser Nodded from all casts and damages suffered by the Purchases as a mull of the Sellers random to comply was such law. 9. ASSIGNMENT. Neither parry skill assign, pr mf , or anvey reds males, or any monies due or m became due bartender without the poor sonnet ronsed of the other isany. IRTITLE. The Sella warrens full, clam and micancted tide nu the Purchaser for all equipment, matenals, and it. famished in pcaformvam of this agreement, free and clear of any and ll Item, odd ictions, ramatime. security interest encumbrances and claims of others. The Seller skill ,close the PurcM1ase, and its contoders of any tier from all liability and claims of any nature resulting from the performance partook work. This release skill apply even in the ream of Fault of negligence of the party released and skill extend to the directors, oRcers and employees of such parry. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused sea be performed by the Purchaser. 14. PATENTS. Whenever the Sella is requital ao us any design, deice, material or process covesed by leper, parent, aademmk or copyright, the Seller shall indemnify and save harmless the purchases from any and all claims for infringement by reason of the ree of such patented design, device, maternal or process in connection with the contact, and shall indemnify the Purchaser for any east, expense or damage which it copy he, obliged to pay by Lama of such infdngemem at any time during The prosecution or after the completion of the work. In case said equipment, or any past thereof or the .tended use of the goods, is in such suit held an constione infringement and the use of said equipment or pan as jofed, the Seller shall, at its own expense and at its option, eider pmemnt for the Punchers, the right a. wof... using said rytripmrn, m pans, replace the same with subakermally equal bur uneconomic, equipment or modify it so it becomes mandrin,m, I SANSOLVENCY. If the Seller shall become insolvent or baNmpt, make an assignment for the bane( of creditors, appoint a readver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Poorhouse, without liability. 16, GOVERNB4G LAW. 'Fie definitims affairs used or the interpretation ofthe agreement and the rights of all parties hereunder shall be comamed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, neiuelm, the services of Sellers Represenmbodbi), na,he premiss oferhers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work m Sellas own risk until the same is fully completed and accepted and skill, in u of my accident, dotmetion or injury to the work and/or materials before Sellees final completion and acceptance, compile the work at Seller's own expose and 1. the smisfaticn of the Purchaser. When ..,data .rid equipment are Emnished by others far installation or crcdim by the Seller, the Sella, shall receive, unload store and handle same at the site and become responsible therefor as though such materials aMlor equipment were being famished by the Seller under doe cold. 18. INSURANCE. 11rc Seller shall, at his owe expense, provide for the payment of worts compensation, including overpacked disease benefits, no is employees employed on or in connection with the work covered by this purchase ardor, and/or to thetr dependens in accordance with tac laws of the stem in which the weak is Is be done. The Sella shall also carry, comprehensive general liability includin& Wt not limped an, economical and automobile public liability insurance with bWily injury and death limits of at lean Suppliant for any one person, 5500,000 for any one accident and property damage limit per occident of SlW,000. The Sella shall likewise resume his romocants, if., to provide for such compensation and insurance. Before any of the Sellers or his emoactors employees shin do any work upon the preanises of.doers, the Seller darn famish die Purchases with a raffiam char such compensation said insurance lave been provided. Such cetfiates will specify ,he due when such compensation and insurance have been provided. Such cenificams shall specify 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. The Seller hereby azstunes me entire responsibility and liability for any and all damage, loss or injury aany kind r nature whatsoever to Persons or property caused by or resulting from the execution ofthe work provided for in this purchase order min connedim herewith. The Seller will indemnity and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or pmpeny to which me Purchaser may be put or subject by reason of my act, orders neglect, omission oo defuul, on But pan of the Sella, any of his emmumo, or any of the Sellers or duramous officers, again, ne employees. In case any we cor other proceedings shall be brought against the Purchaser, or is.1firds, agents or employees st any time oa account or by reason of my azt, action, neglect, omission or default of doe Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, Oe Sella hereby agrees to assume the defense thereof and to defend doe same at the Sellers own expense, to pay any aced all costs, charges, anomeys fees and other expenses, any and all judgmens that may be incurred by or obtained against the Purchases or any turns or their hirers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the pmpeny of doe Purchasm, or said parties in or as a mull oriental suits or other proceedings, the Seller will at and cons the same to h dissolved and discharged by giving bond ouradidwis. The Sella and his contractors shall take all safety precautions, famish and indent) all guards necessary for the prevention of accidents, comply with all laws and regulmons with reganf to safety including, but winom limiation, Our Occupational Safety read Health Ad of 1970 and all rules and regulations issued prustrent therew. Revised 03nOtO