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HomeMy WebLinkAbout102606 COLORADO MACHINERY - PURCHASE ORDER - 9111948PURCHASE ORDER PO Number Page City of PURCHASE 11948 ' of z ' `t Collins( number must appear ` v " �7 ll invoices, packing s and labels. Date: 04/07/2011 Vendor: 102606 COLORADO MACHINERY 125 JOHN DEERE DR FORT COLLINS Colorado 80524-9261 Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS Colorado 80521 ray : Q-0 � - I I 1� 6 Delivery Date: 04/07/2011 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Rent JD7130 tractor 1 LOT LS VIN#L07130G666175 Rental from April 8, 2011 to October/2011. $2,450.00 per month for 6 months to be rented by Doug Jardine for M1659 Drainage & Detention. A monthly invoice for each month's rental must be sent to City of Fort Collins, Attn: Operation Services, P.O. Box 580, Fort Collins, CO 80522 for payment referencing this P.O. number. 9-m� 2 . (f )A6-!Qk ��— City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.00m Total Invoice Address: 17,150.00 $17.150.00 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 starme the City of Four Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cc tificatc of Registry 84-W00587 is registered with the Collector of Internal Revenue. Denver, Colorado (Refs Colorado Revised Standes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and am not to be replaced except upon receipt of onto n instructions form the City of Fort Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict perfommnee of the toms and conditions hercot. failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Scllcr of any of the wammics or obligations of this purchase order and shall not be dcemcd a waiver of any right of the purchaser to insist upon strict performance herenfor any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oml modification or rescission of this purchase order by the Purchaser opemtc as a waiver of any of the terms hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fen Collins However, it is to be understood that FINAL Scllcr and the Purchaser recognize that in actual economic practice, overcharges resetting from amitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. victorious are in fact borne by the Purchaser. Theretofnm. for good cause and as consideration for executing this Purchase order, the Seller hereby assigns to roc Pumbascr any and all claims it may now have or hereafter Freight Tcros. Shipments must be F.O.B., City of Fort Collins, 700 Wood St. Fen Collins. CO 90522. unless acquired under federal or state antitrust Imes for such overcharges relating to the peniculn goods or services othcrwvisc specified on this order. If permission is given to prepay freight and charge sepamtcly, the original freight purchased or acquired by the Parch iscr 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, shipment is Tithe Purchaser directs the Seller to correct nonconforming or detective good by a date to be agreed upon by the expected from the nearest distribution point to destination, and cxcm freight will be deducted fmm Invoice when Purchaser and the Scller, and the Seller thereafter indicates its inability or unwillingness to comply, the Pmchascr shipments arc made from greater distance. may cause the work to be perfumed by the most expeditious means available to it, and the Seller shall pay all costs asecitiod with such work_ Permits. Seller shall procure at sellers sole cast all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the state. municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss mounted by them by reason of an asserted or established violation of any such laws. regulations, ordinances, rules and requirements. Authorization. All parties to this contract agree that the representatives are. in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional tans and conditions annexed hereto or incorporated herein by reference. Any additional or different Icrms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents aurechcd hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this prevision. In the event 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 for damages. However, the Seller shall nut be liable for damages as a result of delays due to causes not masonably foreseeable which arc beyond its reasonable control and without its fault ofengligence, such acts Li acts ofeivil or military authorities, governmental priorities, fires, strikes. Bond, epidemics, wars or hots provided that notice of the conditions causing such delay is given to the Pumhascr within five (5) days of the time when the Seller first received 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 confront with applicable drawings. specifications, samples and/or other descriptions 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 to hold the purchaser hamlcss form any loss, damage or expense which the Purchaser may suffer or incur oa account of the Sellers breach of wamnty. The Seller shall replace, repair or make good, without 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 terms of any applicable warm, my provided by the Seller aner the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver Many 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 any of the foregoing wamntics or guamatees, but such liability shall in no event include loss of profits or lose of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALT. APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CIIANGES IN COMMERCIAL TERNIS. The Purchaser may make any changes to the harms. other than legal Isms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal at wrincn change order. If any such change affects the amount due or the time ofpgrformancc hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment bcMcen the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted Nation of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Scllcrs standard stock. No such termination shall relieve the Purchaser or the Scller of any of their obligations as many goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) drys Farm the date the change or termination is mdcmd. R. COMPLIANCE WITH LAW. The Seller wamnty that all good sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to 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 apices to indemnify and hold the Purchaser harndcss fmm 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, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller wamnty full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of am tier front all liability and claims of any nature resulting from the performance of such work. This mlease shall apply even in the event of fault of negligence of the pony released and shall extend to the directors, officers and employees ofsuch parry. The Scllcr's contractual obligations, including wamnty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be peformod by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent. trademark or copyright the Seller shall indcmnify and save harmless the Purchaser from any and all claims for in&ingement by reason of the use of ,such patented design, device, material or process in connection with the contract, and shall indcmnify the Purchaser for any cost, expense or damage which it may he obliged to pay by reason of such infringement at any time during the prosecution or aner the completion of the work. In case said equipment. or any pert thereof or the intended use of the goods, is in such .suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt. make an assignment for the benefit of creditors. appoint a receiver or tmatec for any of the Sellers pmperty or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftcrms used or the interpretation ofthe agreement and the rights efall panics hereunder shall be construed underand governed by the laws ofthc State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work tommndcc including the services of5cllms Rcprcsentative(s), on the premises ofmhcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or mmcrials before Seller's final completion and acccpmnce. complete the work at Scllcrs own expense and In the satisfaction of the Purchaser. When materials and equipment arc furnished by others for installation or erection by the Scllen the Seller shall receive, unload. store and handle sane at the site and become responsible therefor as though such materials and/or equipment were being famished by the Scller under the order. IS. INSURANCE. The Seller shall, at his men expense, provide for the payment of workcrs compensation, including occupational disease benefits to its employees employed on m in connection with the work covered by this purchase order. anchor to their dependents in accordance 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 limited to. contractual and automobile public liability insurance with bodily injury and death limits of at (cast S300.000 ternary one person. S500.0,10 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. lsefere any of the Scllcrs or his contractors employees shall do any work upon the premises of ethers, the Seller shall furnish the Purchesenvith a certificate that such compensation and insurance have been provided. Such ecnifieatcs shall specify the date when such conpensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Scllcr agrees that such compensation and insurance shall he maimaimed until after the entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hcrehy assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or notate whatsoever to persons or property caused by or resulting fmm the execution of the work provided for in this purchase order or in connection herewith. The Scllcr will indcmnify and hold harndcss the Purchaser and any or all of the Purchasers officers, agents and employees fmm and against any and all claims, losses, damages. charges or expenses, whether direct or indirect, and whether to persons or pmpcny to which the Purchaser may be put or subject by reason of any act, action, neglect omission or default on the pan of the Scllcr, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the 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 any of his commerce; or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Scllcrs own expense, to pay any and all ensts, charges, anorrcys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their eRc m. agents or employees in such suits or other preceedings, and in ease judgment or other lien be placed upon or obtained against the property of the Purchaser, or said panics in or as a resoil attach suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or mhcrwrisc. The Seller and his contractors shall lake all safety precautions, furnish and install all guards neecesary for the prevention of accidents, comply with all laws and regulations with regard to v fcty including, but without limitation, the Occupational Se@tyand Ilcalth Act of 1970 and all ndos and regulations issued pursuant thereto. Revised 03/2010