HomeMy WebLinkAbout104592 MAXEY COMPANIES INC - PURCHASE ORDER - 9145284PO
PURCHASE ORDER 914528er Page
CI�/ of PURCHASE
45284 1 of 3
' `F6rt Collins/ on all invoices,
must appear
V ` J on all invoices, packing
sli s and labels.
Date: 09/12/2014
Vendor: 104592
MAXEY COMPANIES INC
2101 AIRWAY AVE
FORT COLLINS CO 80524-2713
Ship To: STREETS DEPARTMENT
CITY OF FORT COLLINS
625 NINTH STREET
FORT COLLINS CO 80524
Delivery Date: 09/11/2014 Buyer: DOUG CLAPP
Note:
Quantity Extended
Line Description UOM Unit Price
I PICKUP EQUIP INCL CM ALUMINUM
1 LOT LS 19,255.00
FLATBED W/(2) ALUMINUM TOOL BOXES; BOSS
PLOW W/DEFLECTOR & WINGS; BOSS SPREADER PER 8-27-14 QUOTE
per Paul Zuhlke
For a 2015 Chevy 2500 from Dellenbach
Dept: Streets
EBY Alum Bed - 8'-6" x B4"
- cab guard with lights
- rear receiver hitch with ICC bumper
- aluminum tread plate Floor
materials and installation - $5,200
FOB: Fort Collins, CO
options:
- 14"x16"x24" Aluminum under body box
(Street side) - $450.00
- 14"x16"x24" Aluminum under body box
(Curb side) - $450.00
BOSS 87' Power-V XT V-Plow - $6,200.00
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
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Fort of
PURCHASE ORDER
PO Number Page
9145284 2of3
This number must appear,
on all invoices, packing
sli s and labels.
Line Description `'""""`y UOM Unit Price ".`
Ordered Price
- plow wings - $875.00
- snow deflector - $280.00
BOSS VBX8000 Spreader w/ control Kit - $5,800.00
Contact: Greg or Eric
ph# 970-221-6613
"Please call 24 hours prior to availability on installation "
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
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
nd Conditions Page 3 of 3
1. COMMERCIM.DETAILS.
Tax enemptien. By screw the City of Fort Collin is exempt farm stag and Iocai taxes. Our Exemption Number is
11, NONWAIVER.
98-04502. Federal Excise Tax Exemption Certi6eme of Registry M-6000587 is registeml with the Collwmr of
Failure of the purchaser to insist upon strict purchaser of the temu end conditions hared[ failure or delay m
latemal Revenue, Deaver, Coloo (Ref. Colorado Revised Statutes 1973, Chapter 39 26. 114 (T).
rW
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of
Goads Rejected. GOODS REIECfED doe to failure to meet specifications, either when shipped or due to defars of
any of the computes or obligations of this patches, order and shall not be directed a waiver of my right of the
damage in transit, maybe rammed to you for credit and are not to be replaced except upon receipt of wrinen
Purchaser to insist upon strict performance hmeofor any of its rights or remedies as to any such goods, regardless
instructions from the City of ran Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puryoned
oral madi lication or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS are subject to the City of Too Collins insperlion on arrivul,
hereof
is order result in
Final Acceptance. Receipt Of be mererchdise. se or equipment in response to Nw
12, ASSIG NMENI' OF ANTITRUST CLAIMS
authorized payment on the pan of the City of Foe Collins. However, it is to be understood thatFINAL
Seller and the Purchaser recognize that in wheal economic practice, mercharges resulting from antitrust
ACCEPTANCE is dependent upon completion of al I applicable required inspection procedures
violations are in fact home by the Purchaser. Theretofore, for good cause and as coedideration far executing this
purchase order, the Seller hereby assigns to The Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipments must be FOR, City of Fon Collins, 700 Wood St, ran Collins, CO 80522, to.
acquired under federal or state it., laws for such overcharges relating to the particular goods or services
otherwise specified on this order. If permission is given to prtpny freight and charge separately, the original freight
purchased or acquired by the Purchaser Pursuant to this purchase order.
bil I rant wmmpany ionic¢. Additional charges for packing will rot be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is
Ifthe Purchaser dimes the Seller to cornet nonconforming or defective goods by a date to be agreed upon by the
expected fmm the nwrest distribution point 10 destination, and excess freight will be deducted from Invoke, when
Furbisher and the Seller, and the Seller thereafter indicates fix inability or unwillingness to comply, the Purchaser
shipments art made firm greaher d¢mnce.
may cause the work to be performed by the most expeditious means available to it, and The Seller shall Ray all
cans associated with such work.
Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and tales of the state, municipality, tonicity or political subdivision where
The Seller shall releuse the Purchaser and its contractors of any tier from all liability, and claims of any, nature
the work is urforawaL or required by any other duly constituted public authority hiving jurisdiction over the work
resulting from the performance of such work.
of vendor. Seller further agrees to hold the City of Ion Collins hamdess from and against all liability and loss
incurred by them by reason of an asserted or established stimulant Of any such laws, regulations, ordinances, mler
This release shall apply oven in the even[ Of fault of negligence )I the party released and shall extend to the
and requirement
directors, officers and employees ofsuch party.
Authorization. Ail parties to this contract agree that the representatives are. in fact. bona fide and possess full and
complete authority a bind said ponies.
LIMITA3'ION OF TERMS. This Purchase Order expressly limits acceptance or the to. rout condition stated
herein sea ford aM any supplementary or additional terms and conditions armexed hereto or incorporated herein by
reRrence. Any additional or different terms and condition propped by seller are objected to and hereby jected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou wrmot make mmplele shipment to arrive on your
promised delivery date s noted. Time is of the esmce. Delivery and performance must be eWcted within the time
stall on the Purchase order and the documents attached hereto. No aces of the Purchasers including without
limimorou ncccplaoce Ofpanial late deliveries, shall operate as a waiver of this provision. In the event army delay,
the Purchaser shall have, in addition to career legal and equitable remedies, the option of pincing this order elsewhere
and holding the Seller liable for damages. However, die Seller slmll nm be liable far Images as a result of delays
due to causes not reasonably foresewble which arc beyond its reasonable control and without its fault of negligence,
such seta dfGod, acts of civil or military anthorice , govemmental priorities, fire,, strikes, food, epidemics, wars or
nor. providkd that notice of the condition rousing such delay is given m the Purchaser within five (5) dr, of the
time when the Seller first received knowledge therm[ In the event of any s-b delay, the doe of delivery shall be
extended for the period qual to the time actmlly lost by reason of the delay.
3. WARRANTY.
The Seller waurmts that all goods, anicles, materials and work covered by this order will conform with applicable
drawings, specification, samples mndfor other description given, will be fit for the purposes intended, and
performed with rate highest degree of cart and competence in accordance with accepted standards for work of a
miler nature. The Seller agrees to hold the purchaser M1armlesa fmm any loss, damage or expense which the
Purchaser may suft or incur on account of the Sellers breach of wuranry. The Seller shall replace, repair Or make
goal, a, thdm cost to the pmcbama any defects or faults wising within one (I) year or within such longer pored of
time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller oiler the dare of
acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resuhing from imperfect
or defective work done or materials finished by the Seller. Acceptance or use of goods by the Purchaser shall not
nsrimtn a waiver of any daim under this warranty. Except as otherwise provided in this purchase order, the Sol hers
Ibrbi Try hereunder shall -lead m all damages proximately caused by the breach of any of the forgoing wanumies
or guarantees, but such liability shall in no cant include fuss of profits or less or 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 terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to The menu, other Than legal hems, including addition to or deletions f
the quantities migimlly ordered in the specification or drawings, by council or wrinen change order. If any such
change aff ass the amount due or the time ofpermamame hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by wrivm change drdem mrminwe this agreement as In any or all portions of the
goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in
progro, provided that the Purchaser shall net be liable for any claims for anti,, Pwrd starts an the maxonaploded
portion elf The goods and/or work, for incidental or consequential Images, and that no such adjastawal be made in
Jose, of the Seller with respect to any goods which arc the Sellers stnlrd stock. No such Icmminolion shall relieve
the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days fiom the Ito the change or termination is
Ordered.
8. COMPLIANCE WITH LAW.
The Seller warrant, Tom all goods sold hereunder shall have been produced, said, delivered and furnished in super
ompliance with all applicable laws and regulation to which rise goods are subject. The Seller shall execute star
deliver such documents as may be rquid Id effect or evidence complianr. All laws and regulation Testified or be
nearpomted in agreements of this character are hereby incotpomed herein by This m errnce. The Sella agrees 10
indemnify and hold the Purchaser harmless firm all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, banfn, or convey This order, or any monies due or to become due hereunder without the
prior wrinen consent ofthe other party.
10. TITLE.
The Seller warrants full, clew and unrestricted tille to the Purchaser for all equipment, materials, and items furnished
in performmce Of This agreement for and clear of any and all liras, restriction, reservations, security imeresT
encumbrances and daim; Tfothers.
The Sellers contractual obligations, including warranty, shall not be deemed to be docM, in any way, because
such work is performed or caused to be performed by the purchaser.
14. PATENTS.
\ ha. the Seller is retained! to rue any design device, rnterial or process coved by leaer, patter, trademark
or copyright, the Seller shall indemnity and we harmless the Purchaser farm any and all claims for inGngement
by boron of the use of such patented design, device, material or process in connection with the comma, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by ¢anon of such
infringement at any it= during the prosecution or after The completion of the work. In cam said equipment, or
any pat thereof or the intended use of the gaol, is in such suit held to constitute infringement and the we of
said equipment or pan is enjoined, the Seller shall, at its own expense and Tt its option, either procure for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
no unfringing equipment, or modify it se it becomes naninfringing.
15. INSOLVENCY.
If the Seller shall beome insolvent or baNempt, make an assignment for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchases without liability.
16. GOVERNING LAW.
The definitiom ofterms used or the interpretation ofthe agreement and the rights of all panics hereunder shall be
com are d seeder and governed by the laws ofthe Sent ofColomdo, USA.
The following Additional Condition apply only in cases where the Seller is to per( work hereunder,
including the services of Sellers Rrpresentative(s). on the premises ofmhers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall,
in e of any accident, destruction or injury to the work and/or materials before Sellers final completion and
empmnce, complete the work w Sellers own expense and m the satisfaction of the Purchaser. When materials
and equipment arc fumdshed by others 6r installation or emnien by the Seller, the Seller shall receive, anlead,
stare and handle same at the site and become responsible therefor as though such materials horror equipment
were being famished by the Seller under the mdec
19. INSURANCE.
The Seller shall, at hi.... expense, provide far the payment of workers compensation, including occi pwimal
disease benefits, to its employees employed era or in correction with The work coved by this pareluse color,
and'or in their dcpeWents in accordance with The laws of the state in which the work is to be done. The Seller
shall also entry comprehensive gr arral liability including, but and limited m, commented and automobile public
liability insurance with bodily injury Thad death limits of at least S300,000 for any one person, S500,000 for any
our -.ideal aW proprrey damage limit per accident of SER,000. The Sella shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before my elf the Sellers or his contractors
employees shall I any work upon The premises creditors, The Soler shall famish the Franchiser with a certificate
That such compensation and insurance have been provided. Such certificates shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify the Ile when such compensaion
and insturaince expires. The Seller agrees that such compensation and insurance shall be maintained until after the
entire work is completed and acceped.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any aml all damage, loss or injury ofany kind
or nature whatsoever to pecans or property caused by or resulting from the execution ofthe work provided Tr is
This pmcham order or in connection herewith. The Seller will indemnify and hold M1mmless the Purchaser and my
r all of the Purchasers officers, agens and employees from and ogains, my and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to person or property to which the Purchaser may
be pot or subject by maven of any act action, neglect, omission or default do the pan of the Seller, my of his
contractors, m my of the Sellers or svntracmrs officers, agents or employees. In cam my suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or
by reawn of my act, union, neglect, omission or default of the Seller of any of his contractor or any or its or
their officers, agents or employees as aforesaid The Seder hereby agrees to assume the der Thereof and to
defend the same at the Sellers own expense, to pay any and all cow, charges, anomeys fees and office expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or my of its or Their officers,
agens or employees in such suits or other proceedings, and in cum judgment Or other [am be placed upon er
obtained against the progeny of the Purchaser, or said parties in or as a result of such suits or other proceedings,
the Seller will eat once rose the some to be dissolved and discharged by giving band or otherwise. The Seller and
his contractors shall take all mlbty precaution, famish and instill all gourds necessary for the prevention of
accidents, comply with all laws and regulations with regard in safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rules and regulation issued pursuant Rumor.
Revised 0712014