Loading...
HomeMy WebLinkAbout127666 MICHAEL TRUCKING - PURCHASE ORDER - 3215148Fort Collins Date: 01/12/2015 Vendor: 127666 MICHAEL TRUCKING 2450 W ELIZABETH ST FORT COLLINS CO 80521 PURCHASE ORDER PO Number Page 3215148 left This number must appear on all invoices, packing slips and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 01/12/2015 Buver: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 2015CONTRACTUAL 1LOT LS PER TERMS AND CONDITIONS OF BID 7355 AND 7564. 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. 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 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIALDEfAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is I I. NONWAIVER. 98-04502, Federal Excise Tax Exemption Cenifiate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser no insist upon stria performance of the Derwas and conditions hereof, failure or delay m Internal Revenue, Denver Colorado (Ref Colorado Revised Statutes 1975, Chapter 89-26. 114 (a). exercise any rights or remedies provded herein or by law, failure to promptly notify the Seller in dre event of a breach the acceptance of or payment for goods hereunder or approval ofthe design, shall not release Me Seller of Cords Rejected. GOODS REJECTED due ro failure or men specifications, either whin shipped or due to defects of any of the warranties or obligatonz of this purchase order and shill nor be deemed a waiver of any night of the damage in transit may be renamed to you for credit and are rot m be replaced except upon receipt of "men purehaser to insist upon inlet performmm Demeter any of its rights or remedies as an my such good, regardless instructions from the Ciry ofFog Collins. of when shipped, received or accepted, m to my prior or subsequent default hereunder, nor shall my puryoned oral modification or rescission of this purchase order by the Purchaser operme, as a waiver of my of the terms Inspection. GOODS are subject to the City of Fon Collins inspection on arrival hereof Final Acceptanm. Receipt of the merchandise, seances or equipment in response 10 this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. indention payment on the pan of the City of Fort Collins. However, it is to he understood that FINAL Seller and the Purchaser reception that in actual eat Drinkingis practice, overcharges Drinking annown ACCEPTANCE is dependent upon completion of all applicable required inspection proadurm. violations we in fact home by the Purchaser. Theremforenfor good cause and as consideration for execuung this purchase order. the Seller hereby assigns to the Pardoner my and all claims it may now have or hereafter Freight Terms. Shipments man be F.0 B . Ciry of Pon Collins, 700 Wood St, Fort Collin, CO 80522, unless acquired under federal or nave mutton laws for such overcharges relating in the particular goods or sodas otherwise specified on this order.If,werasim is given to prepay freight and charge separwn, the original freight purchased or acquired by the Pmchaser pursuant M this purchase order. bill must accompany invoice. Additional charges for packing wit not be accepted. 18. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have hAribuung points in various pans of the country, shipment is Ifthe Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the -,-red from the nearew distribution point to din mastion, 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 distance. may cause the work to be pmbrmed by the mon expeditious means evadable to it, and the Seller shall pav all costs azncided with such work. Permit. Seller shall procure w sellers sole can all necessary permits, cemficaus and licenses required by all applicable laws, regulations, ordinances and mles of the state, municipality, mritory or political subdivision where the work is performed, or required by any other duly constitusd public authority having jurisdiction over she work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of my such laws, regulations, ordinances, rules and requirements. Auffameation. All poorer to this contract agree Am the representatives are, in fact bona fide and possess DWI and complete atal anry to bind said pmies. LIMITATION OF TERNS. This Purchase Order expressly limits acceptance to the terms and wndmons stared herein am form and my supplementary or additional terms and wnduons annexed hereto or incorporated herein by reference. Any additional or different erms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is affirm weence Delivery and performance must be effected within she time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without Tim eamm, acceptance of partial Ime dclivcdes, shot opreare as a waiver of this provision. In the evens of any delay, the Purchaser shill have, in addition to other legal and equitable remedies, the option of plating this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes net reasonably foreseeable which are beyond its remonable control and without its fault of negligence, such act of God, acts ofnvil or military ammunim. Weemmenta priorities, fires, strikes, food. epidemics, wars or riots 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 my such delay, the date of delivery shall be extended for the period equal m the time actually lost by reason of the delay. d. WARRANTY. The Seller warrants that all goods, articles, matmals and work covered by this order will confoam with applicable drawings, specifications, samples and/or other dwinpaians given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a similar nature. The Seller agrees W hold the purchaser harmless from my loss, damage or expense which the Purchaser may sufferer incur on account of the Sellers breach .(wartanry. The Seller shall replace, repair or make good without cost to the purchaser, any defects or faults arising within one ( I ) year or within such longer period of Drum as may be preunbed by law or by the Dimes of my applicable warmry provided by the Seller after she date of accepaance of the goods furnished hereunder (acceptanw not to be unreasonably delayed), resulting form imperfect or debranec work done or materials furnished by the Seller. Acceptance or use of good by the Purchaser shall not onmms a waiver of any claim under this warranty. Except u 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 waranties or guarantees, but such liabi liry shall in no event Ind We loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. a. CHANGES IN LEGAL TERMS. The Purchaser may make changes ro legal terms by wnten change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchmer may make my changes to the terms, other thin legal terms, including additions to or deletions form the immune, nnµinally ordered In the specifications or dmwinys, by verbal or -union mange order H any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMNATIONS. The Purchwer may at any time by wdnan change order, terminate this agreement ss to any or all portions of else goads Am not shipped, subject to my equitable adjusunmi berwcen the pasties as to any work or materials then in progress pro eked that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted pardon of the goods and/or murk, for incidental or conuquenual damages, and that no such adjustment be made in favor of the Seller with respect to my goods which are the Sellers nandaN stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within shim (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants Am all goods sold hereunder shall have been produced sold, delivered and Burnished in samet compliance with all applicable laws and regulations w which the goods are subject. The Seller shall execute and deliver such documents as may be required m effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shot assign, transfer, or convey his order, or my monies due or m become due hereunder without the prior wrinm consent of the oMer party. Io TITLE The Seller warrants full, clew and unrestricted title to the Purchaser for all equipment, materials, and items fumished n performance of this agreement free and clear of my and all liens, restrictions, reservations, sownry interest encumbrances and claims af.darm The Seller shall release the Purdaser and its mnvactors of my tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fart of negligence of the parry released and shall extend 1n the directors, officers and employees of such parry. The Salleea c.ntncmd mligatimss, including wartanU, shall nor he deemed m be reduced, in my way, because such work is Performed or caused to be performed by the Purchaser. la. PATENTS. Whenever the Seller is rqulred to use my design, device, matmal or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for my cost, expense or damage which it may be obliged to pay by reason of such infringement at my time during the prosecution or after the completim of the work. In cats said equipment or my pan thereof or the intended me of the goods, is in such suit held to consemte inGingemmt and she use of said equipment or pan is enjoined, the Seller shall, at I¢ own expense and at its option, either procure for the Purchaser the night to continue wing said equipment or pan, replace the same with substantially quad but noninfringing equipment or modify it so it becomes nownfringing. 15.INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a foraver or browee for any of the Sellers propeny or business, this order may forthwith be canceled by the Purchaser without liabiliry. 16. GOVERNING LA W. The definitions of temps used ar the interyrcmtion of the asr«mmt and the ngh¢ of ell parties hereunder anall be wnstrved under and governed by the laws of the Stare of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represmtellvapt on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller Awl arty on said work at Seller's own risk unit] the same is fully completed and mceptm cad shill, in rase of my accident, denrueuon or injury to the work anchor mwenals before Seller's final completion and acceptance, complete the work at Seller's own expense and in the sarisfection of the Purchaser. When mammals and equipment are fumished by others for installation or erection by the Seller, the Seller skirl receive, unload, Ace and handle same at the site and become responsible therefor as though such matend s anchor equipment were being fumished by the Seiler under the order. I8. INSURANCE. The Seller skirl, at Drown expense, provide for the payment of workers caanyenserion, including occupational disease besi to its employees employed on or in cowmtion with the work covered by this purchase order and/or to that depmden¢ in accordance wide the laws of the sure in which the work is to be done. The Seller shall also On, comprehensive general liability includingbut not limited to, contractual and meanwhile public hablllty iasuraoce with bodily injury and death limits of in learn S100,000 for my one person, $500.000 for any one accident and property damage limit per accident of 5g00000. The Seller shall likewise require his contractors. if any, to provide for such compensation and insurance. Before coy of the Sellers or his contractors employees shall do my work upon the premises of others, the Seller shill famish the Purchaser with a certificate that such compenvdon and insurance nave been provided. Such zenificates shall specify the dare when such compensation and insurance have hem provided. Such cemfcates shall specify the daze ohm and wmpandmon and insurance expires. The Soler agrees that such compevvion and insurmw shall be maintained maul after the more work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes me entire responsibility and liability for my and all damage, loss or injury of my kind or nature whatsoever to Persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my or all of the Purchasers officers, agents and employees form and against my and all claims, losses, damages. charges or expenses, whether direct or indirect, and whether to Persons or property m which the Purchaser may be For or subject by reason of any act sett., neglect omission or default on the pm of the Seller, my of his commatma, or my of the Sellers or cuntraaors officers, agents or employees. In case my suit or other proceedings shall be brought against the Precious , or its offerers, agents or employees at any lime m account or by reason of my act, action, neglect, .mission or default of the Seller of my of his contractors or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume we defense thereof and to defend the same at the Sellers own expense, in pay my and all casts, charges, momeys fees and other expenses, my and all judgments thin may be incurred by or obtained against the Purchaser or my of i¢ or their offers, agents or employees in such suits or office proceeding, and in case judgment or other lim be planed upon or abo fined against the property of the Purchaser, or said pmuns in or as is rend, of such or. or odua procud e , the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shot take al safety precautions, furnish and instal all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupations Safety and Health Act of 1920 and all rules and regulations issued pursuant therein. Revised 04I2014