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HomeMy WebLinkAbout104592 MAXEY COMPANIES INC - PURCHASE ORDER - 3215291Fort Collins Date: 01/13/2015 PURCHASE ORDER PO Number Page 3215291 1of2 This number must appear on all invoices, packing sli s and labels. Vendor: 104592 Ship To: WATER UTILITIES MAXEY COMPANIES INC CITY OF FORT COLLINS 2101 AIRWAY AVE 700 WOOD ST FORT COLLINS CO 80524-2713 FORT COLLINS CO 80521 Delivery Date: 01/13/2015 Buyer: DOUG CLAPP Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity Ordered UOM Unit Price Extended Price 2015 Blanket Order 1 LOT LS 6,000.00 Utilities 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 A Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Four Collins is exempt from state and local taxes. Our Exemption Number is 11. NONW AIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6001 is registered with the Collsew, of Failure of the Purchaser to insist upon strict performance of the terms and conditions herei failure or delay to Internal Revenue, Deaver. Colorado (Rd.. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). my exercisey rights or remedies provided herein or by law, failure to promptly can by the Seller in the event of a breach. secapunce of or payment for goods hereunder or approval of the design, shall not release the Seller of Goads Rejected. GOODS REJECTED due to failure m men specifications, either when shipped ar due to defects of any of the ..it. or obligations of this purchase order and shall not be deemed a waiver of my tight of the damage in transit, may he resumed to you for credit and are rot as be replaced except upon mttipt of wrinn, purchaser to insist upon strict ped'ormenc t her.f m any of its rights or remedies as to any such goods, ngardless instructions from the City of Fan Collins. of when shipped, received or accepted, as to my prior or subsequent default hereunder, am shall my puryoned oral madificatiun or rescission of this portion, order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fan Collin inspection on arrival. hereof. Final Acceptance. Reem it of the merchmdse, semca or ryuipmrnt in response to this order can r esult in 12, ASSIGNMENT OF ANTITRUST CLAIMS. antMn M payment on the pan of the City of Fon Collins. However, it is to be understood tharFINAL Seller and the Purchaur rmagaire that in artual economic practice, overcharges resulting from warrant ACCEPTANCE is dependent upon completion ofell applicable required impactors procedures. violations are in fact home by the Purchaser, Theremf rrefor good cause and as concernment 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 must be F.O.B.. City of For Collins, Too Wood St, Fan Collins, CO 80522, unless acquired under federal or gate In. laws for such overcharges riming to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most mcompmy invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Dimance. Where manufacturers have distributing points in various pant of the country, shipment is If go Purchaser directs the Seller W cancer nonconforming or defective goods by a time to be, aimed upon by the expected from the near«t distribution Point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distancemay 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. Permits. Seller shall procure al sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, tenor, or political subdivision where the work is performed, or required by any other duly construed public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against al liability and loss ed by them by reason of an resened or established violation of my such laws, regulations, ordinances, rules created ndcorequirements. Authorisation. All parties to this contract agree that the representatives are, in fact, bona fide and Possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tern, and conditions stated herein set form and my supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different tarts and conditions proposed by seller are chained to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive an your promised delivery time as noted. Time is of the essence. Delivery and performanw most be effected within the time stated on the purchase order and the documents attached hares. No acts of the Purchasers includin& without liminter, acceptance of pmial late deliveries, shall operate as a waiver of gas provision. In the event of any delay, the Purchaser shall have, in addition sat other legal and equitable remedies, she option of placing this order elsewhere 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 foreseable which are beyond ins reasonable central and without its fault of negligence, suds acts of Gad arts of civil or military audiences, govemmemil priories, fires, smkes, flood, epidemic, wars or most provided that nonce of the corer itioau wising such delay is given m the Purchaser within five (5) days of she time when the Seller first moci.ed knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other deuripuons 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 milar nature. The Seller agrees to hold the purchaser M1armlest from my loss, damage or expense which me Purchaser may suffer or incur on account of the Sellers Lot of waraanry. The Seller shall replace, repair or make good, without cost to the purchaser, my defects or faults arising within one (1) year or within such longer period of same as may be presenbed by law or by the terms of my applicable warmry provided by the Seller after the date of acceptance of the goods fmished hereunder (acceptance not to be unreasonably delayed), resulting from Imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shell not con mom, 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 caused by the breach of my of the foregoing warranties or guarantees, but such liability shall in no event include loss afprafirs or loss of me. NO IMPLIED WARRANTY OR MERCHAMABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The purchaser may make changes so legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes an the terms, other thm lea terms, including additions to or deletions from the customer originally ordered in den specifications or drawings, by verbal or written change order. If coy such change affixes the amount due or the time ofperformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wnnm change order, terminate this agreement m to my or all portions of the goods than not shipped, subject to my equitable mijmtioent Former the ponies as to my work or matenas than in program provided that the Purchaser shall not be liable for coy clams for anucipared profits on the uncompleted portion of the goods andtor work, for incidental or consequential damage, and that no such sdjwarrom be made in faun, of the Seller with impact, to my goad which are the Sellers standard stock. No such ..throw n shill relieve the Purchaser or the Seller of my of their obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thin} (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants chat all goods sold herearder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the good are subject, The Seller shall execute and deliver such documents as maybe required to effect or evidence compliance. All laws and regulations required io be incorporated in agreements of this character are hereby in.rponted herein by this reference. The Seller agrees to indemnify and bold the purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure m comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or my monies due or to become due hereunder without go prior written consent of the other pang. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment materials, and items fumithed in performance of this agreement, free and clear ornery and all liens, restrictions, reservations, security interest encumbrances and clams of others. The Seller shall release the Purchaser and its contractors of my tier from all liability and clams of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directorsofficers and employees of such parry. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in my way, because such work is performed or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use my design, device, material or process covered by letter, patent, comments or copyright, the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement by reason of she use of such patented design, device, marena or process in connection with the contract, and shall indemnify the Purchaser for any cost extortive or damage which it may be obliged to pay by reason of such infringement at my time during the prosecution or after the completion of the work. In case said equipment or my pan thereof or the intended use of the good, is in such suit held to constitute inMngement and the use of said equipment or pan is enjoined, the Seller shall, ar us, own expense and at its option, either procure far the Purchaser the right to ...as using said equipment or parks, replace the same with s tmeauall, aqua bur musinfinapog aqulpment or modify it an, it becomes rmmofrioging. 15, INSOLVENCY. If she Seller shall become insolvent or bankrapL nuke m rearmament for the berafit of creditors, appoint a receiver or mare, for my of the Sellers property or business, this order may farmwith be canceled by she Purchaser without liability. 16, GOVERNING LAW. The definitions oftesms used or the interyrelwast of the agreement and the rights off parties hereunder shall be construed order and governed by the laws ardor State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on she premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said ..,it at Sellers awn risk until the same is fully completed and accepted, and shall, in e of my accident, destruction or injury to the work andor materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchase, When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, ,,are and handle same at the sin and become responsible therefor m though such materials and/or equipment were bang furnished by the Seller under the order. I S. I NSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, water to their dependents in recofdance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including but not barred ta. contractual and automobile public liability insurance wN b ily injury and death limits of at least Sj.,000 for any one person, 11500,000 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, if my, to provide for such compensation and insurance. Before any of the Sellers or his mntracmrs employee shall do any work upon the premises ofothers, the Seller shall famish the Purchaser with a certificate than such cormara mon and insurance have been provided. Such certificates shall specify she date when such compensation and insurance have been provided. Such cemfiwes shill specify the doe when such compensation and assurance expire. The Seller agrees that such —.,.a— and immwce shall be mmnnined until mler the mute work is completed and accepted 19, PROTECTION AGAINST ACCIDENTS AHD DAMAGES. The Seller hereby summus the inure responsibility and liability for my and all damage. loss or injury of coy kind or nature whatever to permns or property caused by or resulting from the execution of she work provided for in this purchase order or. in.maection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all clams, losses, damages, charges or expenses, whether direct or in mer- and whether to Persons or property to which the Purchaser may be put or subject by reason of any rot action, neglect' omission or default on the pm of the Seller, my of his contractors, or any of the Sellers or contractors officers, agents or employees. In case my suitor other proceedings shall be brought against the Purchaser,e or its officers, agents or mployees atmy time on account or by reason of my act, action, neglect, omission or default of the Seller of coy of his contractors or my of in or their ofcers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at she Sellers own expense, to pay my and all seers, charges, attorneys fees and other expenses, my and all judgments that may be incuared by or obtained against the Purchaser or my of Its or their officers, agents or employees in such shire or the, proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or m a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving band or otherwise. The Seller and his contrmmrs shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limm ion, the Occupational Safety and Health Act of 1970 and all miss and regulations issued parsumr thereto. Revised 070014