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HomeMy WebLinkAbout127666 MICHAEL TRUCKING - PURCHASE ORDER - 3214280 (2)Fort Collins Date: 07/24/2014 Vendor: 127666 MICHAEL TRUCKING 2450 W ELIZABETH ST FORT COLLINS CO 80521 Delivery Date: 01/09/2014 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 Note: Line Description Quantity UOM Unit Price Extended Ordered Price 3 addendum to PO 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 1 LOT LS 25,000.00 Total $25,000.00 Pay terms net 30 days 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Tom Collins is exempt from state and luml taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cerificate of Registry 84-64000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smmta 1973, Chapter 39-26, 114 (AT Goods Rejected. GOODS REJECTED due m failure to meet spaificatiom, afma wines shipped or due o defects of damage in transit, may be resumed to you for credit and are not 10 the replaced except upon receipt of wnnen imand ctians room the City afros Collins. Inspection. GOODS are subject o the City of Fort Collita inspection on arrival. First[ AccepWar. Receipt of the merchunthse, cancer. or equipment in response to this order can mull in Authorized payment on the pan of the City of Pon Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable rapairel inspection procedures. Freight Tense. Shipments must be EON,, City of End Collins, 700 Wood St., Fan Collins, CO 80522, unless otherwise specified on this order. Ifpamixamn is given to prepay freight and charge separately, the original freight bill must aca... an, invoice. Additional clumm, for.skid will not be accented. Shipment Distance. Where manufacturers have distributing points in sacious pans of the mumry, shipment is expected from the nmrat distribution point to destination. and excess freight will be deducted from Invoice when shipments we made from greater distance. Permits. Sella shall procure At sellers sole cost all necessary permits, cmffioates and licenses required by all applicable laws, regulations, ordinances and rates of the state, municipality, Accuacy or political subdivision where the work is performed, or required by any other duly constituted public suddenly having jurisdiction over the work of vendor. Seller fuller spa a to hold the City of Pan Collins harmless from and against all liability and lass incurred by them by aeawn of An assured or atablhhe] violation of any such laws, regulations, ordwances, mlea and requirements. Authriaatrar All parties to this contract agree that the m,maentatives are, in fact, bona fide and passers full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to me terms And conthtiom stated herein set forth all Any supplementary or addilwand temp and mmddions annexed hereto or incorporated herein by reference. Any Additional or different terms and conditions proposed by seller Art objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to amve oa your promised delivery data an noted, Time is of the essence Delivery and performance must be entered within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial la,, Jdiverfes, shall operate as a waiver of this provision. In me event of any delay, the Purchaser shall have, in Addition to other legal and equitable remedies, the option Afplacing this order elsewhere awl holding the Seller liable for damages. H.a,a,, the Seller shall not be liable for damages As a mind, of delays due In causes not reasonably foreseeable which am beyond its maonable control and without its fault of negligence, such who of God, acts ofcivil or military amhoritiea, governments] priontiee, fires, dukes, Hand, epidemics, wars or Hall provided that notice of the conditions causing such delay w ,,an to the Purchaser within five (5) days of the time when the Seller first received knowledge ,hereof In the event of any such delay, the date of delivery shall be extended for the petted equal to the time actually last by reason ofthe delay. 3. WARRANTY. The Seller warrants Had all goods, prods, materials and work covered by this order will conform with applicable drawings, specifications, samples unNor other d ptiww 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 ardar metre. the Seller Agrees to hold the particular harmless from any loss, damage or expense which the Purchaser may suffer or Incur on Accrual ofthe Sellers breach ofwamanty. The Seller shall replace, repair or make goad, stilt cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time As may be prescribed by law or by the,ems fany applicable wammty provided by the Sella, afa the date of acceptance of the goods fiunishad hereunder (acceptance not to be umarwombly delayed), resulting (rent imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except As otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately capped by the breach ofany of the foregoing warranties or guwmntxs, but such liability shall in no crew include loss ofpmftl 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 m legal It. by women change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal temp, including additions to or delen—A from the q.Anne, mgnally ordered in the specifications ur drawings, by verbal or wnnen change order. If any such change affacts the amount due or the time ofperformawe hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purehisam may At Any time by wnnen change sides. terminate this agreement as to Any or all ppro n, of the goods then not shipped, subject to any equitable Adjustment between me panic As to any work or materials than in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion ofthe goods and/or work, for incidental or coulaquential damages, and shot no such adjustment be made in favor of the Seller with respect to any goods which arc the Sellers standard stock. No such termination shall relieve the Patch., or the Seller ofany of Nei, obligations as or Any goods delivered hereunder. ].CLAIMS FOR ADJUSTMENT. Any claim for adjuamem taus, be assered within dorty (30) days From the date the change or mmni:atiom is ordered. S. COMPLIANCE WITH LAW. The Seller warrens that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws Am mpladaw, As which the goods are safti The Seller shall execute and deliver such documents as may he required m afraid or evidence compliance. All lass And regulations r qua al A. he incorporated in agreemens of this character are hereby incorporated herein by this reference. The Seller agrtes to indemnify and hold the Purchaer hornless from all costs and damages suffered by me Purchaser As a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall Assign, tramfa, or convey this order, or my monies due or As become due haeundew without he Poor wnnen consent ofthe other party. I O. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in pmfmmunce of this agreement, free and clear of any and all liens, meticulous, reservations, security fnmmat ancumbrancs and claims of others. 11. NONWAIVER. Failure of the Purchaser to usinn upon striet performance of the Across and mmlitions hereof, failure err delay to exeraim any rights or remedies provided herein or by law, failure to promptly airy the Sella in the event ofa breach, the xceptana ofa, payment for goods hereunder or approval ofthe design, shall not release me Sella of any of the commit or obligations of this packets, order and shall not be deemed a waiver of any right of the Patch., to mind upon saint performance hermf or any of its rights or ramMiee As or any such goads, regardless of whom shipped, received or accepted, As In any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller And the Purchaser recognise that in actual economic practice, overcharges recalling from untimm violations are in fact Dome by the pmchmer. Theretofore, fm good muse and ra consideration for excepting this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or sere antitrust laws for such overcharges slating m the particular goods or services purchased or acquired by the Pural mar pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Pachser directs the Seller As mrted tonconfotming or damcds'e goods by a date to be agreed upon by due Purchase and the Sella, and the Seller dursom, hadim,a its inability A, unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its mntraonm of any tier from all liability and claims of my nature resulting from the performance ofsuch work. This release shall apply e'en in the event of fault of negligence of the party released and shall extend to the directors, officers wall employees ofsuch party. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, at any way, because such work is performed r, capped m be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use Any design, device, material or pr«ass covered by letter, plant. trademark or mpyri ld, the Seller shall indemnify mid save hornless the Purchaser from any and all claims far inMngement by reason of the use of such patented design, device, ratmal or process in connection with the cmntratl, and shall indemnify the Purchaser for any cost, expense or damage which it may he, obliged to pay by reason ofsuch infringement at any time during the prosecution or alter the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such sail held to constitute infringement sad the use of said equipment or pan a enjoined, the Seller shall, at its awn expense and at its option, either prdaure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially accord but noninfringing equipment, or modify it as it become rwninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bmkmM make an Assignment for the benefit of creditors, appoint a raceiver or trustee for any of the Sellers properly or business, this order may forthwith be canceled by the P rchow without liatelify. 16. GOVERNING LAW. The definitions of terms used or the Inerprerauod ofthe agreement and He rights ofall panic hereunder shall be construed under and governed by the laws At State ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Repreeendative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall may on said work m Scllcts own risk until the more is fully mmpleed and Accepted, all shall, in u of Any Accident, de aramu.n or injury to the work andor materials before Series final sampled.. And aza,., complete the work al Sellers awn expense and As He satisfaction of the Purchase,. When materials and equipment are famished by others for installation or erection by the Seller. the Seller shall receive, unload, store and handle same at the site and become responsible therefor As though such normal, and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, A, his own expense, provide for the payment of washers mmpensatiou, including oceupntional disease bcnefis, m ill employes employed on or in conneclivu with the crock covered by this purchase order, onllor to their dependents in accordance with the laws of the sore in which the work w As be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance %fill bodily injury and death limits of at least 5300,000 f r any one person, S500,000 for any one accident and property damage limit Per accident of 5400,000. The Seller shall likewise require his contractors, Was, to provide for such compewtion and insurance. Before Any of the Sellers or his contractors employees shall do any work upon the premises of odmaa the Seller shall fumuh the Purchaser with a certificate that such compmmtion and insurance have beer provided. Such artifcales shot] specify me date when such ompensation and insurance hie been provided. Such mnificma 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. PROTEC71ON AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire sal onedolm, ad liability far any Add all damage, loss or injury of my kind or nature whatsoever m persons or property caused by or ranking from the execution Ardor work provided for in this purthsse order or in mmmction herewith. The Seller will indemnify And hold harmless me Purchaser and Any r all of the purchasm 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 powdery to which the Purchaser may be put or subject by rmson of any act, action, neglect, omiasiun or default on the part of the Seller Any of his contractors, or my of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall M brought against Had Purchaser, or its officers, agents or employees at any time on account or by reason of any Act, action, neglect, omission or default of the Seller of my of his contractors or any of its or their officers, agents or employees As aforesaid, the Sella hereby agrees to Assume she defense doeteof and to defend me same in the Sellers own expcme, to pay any and all ems, charges, moneys far and other expenses, Any and all judgmens that may br inured by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, And in case judgment or other lien be placed upon or obtained Against the property of the Purchaser, or said panics in or As A recall of such sums or other proceedings, the Seller will at once muse the same m be dissolved ad duchwged by giving bond or otherwise. The Seller and his cmdown , shall take all sally precautions, launch Add install all guards raccessary for the paevmtior of adders, comply with all laws and regulatons with regard m safety including. but without limitation, me Occupational Safety and Health Ad of 1970 And All roles And regulations ismed pursuant thereto. Revised OIR014