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HomeMy WebLinkAbout102817 MACDONALD EQUIPMENT COMPANY - PURCHASE ORDER - 9112601City of Flirt Collins Date: 05/1012011 PURCHASE ORDER Vendor: 102817 MACDONALD EQUIPMENT COMPANY PO BOX 1865 COMMERCE CITY Colorado 80037-1865 PO Number Page 9112601 1of2 rhi: number must appear ll invoices, packing s and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS Colorado 80524 I ee u0 , 1� I ,I op&nc_ Delivery Date: 05/09/2011 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Rosco RA400 Spray Patcher PerRFP7221 and pricing as revised for a 2010 UD CAB/CHASSIS ($84,511) and a 2011 PATCHER ($94,489), plus the following options: LED LIGHTS ON ARROW BOARD $1,585 JET FLUSH SYSTEM $1,602 NIGHT WORK LIGHT PKG. $ 750 Total: $182,937 LESS TRADE FOR UNIT #2070 (17,000) Grand total: $165,937 Deliver unit & title documents to: Fleet Main Shop, 835 Wood Street, Fort Collins 970-221-6613 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.com 1 LOT LS 165,937.00 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS, Tax exemptions. By stamte the City of Fort Collins is exempt front state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict perfomrznec of the tears and conditions hereof, failure or delay to Internal Revenue. Denver. Colorado (Rcf. Colorado Revised Statutes 1973. Chapter 39-26, 114 Ld. exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of. breach, the acceptance ofor payment for Surds hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be decried a te,live, of any right of the damage in transit, may be returned to you for credit and arc not to he replaced except upon receipt of written purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless instruction, from the City of Fart Collins. of when shipped, received cr accepted, as to any prior or subsequent default h trcnndcc nor shall any purported oral modification 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 Fort Collins inspection on arrival, 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 Fan Collins. Hm,,vr, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges rcsolling fmm antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact borne by the Purchase, Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby its%igns to the Purchaser any and all claims it may now have or hcrcener Freight Terms. Shipments most be F.O.H.. City of TOO Collins, 700 Wood St., Fort Collins. CO 80522, unless acquired undo federal or state antitrust lass:% for such overcharges relating 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 must accompany invoice. Additional charges for packing will not he accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected Tom the nearest distribution paint to destination, and excess freight will be deducted from Invoice when shipments are made fmm greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules 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 very or. 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 any such laws, regulations, ordinances, roles and requirements. Authorization. All panics to this contract agree that the reprcsentatives arc, 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 banns and conditions stated herein sat forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms 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 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 attached hereto. No acts of the Purchasers including without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing 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 not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence. such act-, of God, acts ofcivil or militaryauthorities, governmental ploritics, fires, stiles, food, epidemics, wars or Hats 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 crony such delay, the date of delivery shall be extended for the period equal to the time actually last by reason of the delay. 3. WARRANTY. The Scllcr warrants that all goods, articles, materials and wark covered by this order will conform with applicable drawings, specifications, samples and/err other descriptions given, will be fit for the purposes intended, and performed with the highest degree of cam and competcece in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless front any loss, damage or expense which the Patch., may sofa or incur on account of the Sellers breach of warranty. The Seller shall replace. repair or make S.M. 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 a'amanty, provided by the Seller after the date of acceptance of the gilds famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver crafty claim under this womanly. Except as Otherwise provided in this purchase order. the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits 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 to legal arms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes In the lams, other than legal terms, including additions to Or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affect%the amount due or the time ofperfomancc 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 between the panics 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 portion of the goods and/or work, for ineidenal or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which arc the SCITcm standard stock. No such termination shall relieve the Purchaset or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. 9. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been Produced, sold, delivered and furnished 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 agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser its n result of The Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this odor, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants 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, reservation, security interest encumbrances and claims ofothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Scllcr, and the Seller thereaficr, indicates its inability or 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 withsuch work. The Seller shall rdca a the Purchaser and its contractors of any tier fmm all liability and claims of any nature resulting front the performance ofsueh work, This release shall apply man in the event of fault of negligence of the fixity rcica%cd and shall extend to the directors, officers and employees of such pony. The Scllcrs contractual obligations. including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to he performed 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 indemnify and save harmless the Purchaser front any and all claims for infringement by reason of the use of such patented design, device, material or pmecss in connection with the contract and shall indemnify the Purchaser for any cost, expense or damage which it may be Obliged to pay by reason of such infringement of any time during the prosecution or after the completion of the work. In case said equipment or any pan thereof or the intended use of the goods, is in such snit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, m 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 subsantially 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 trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability, 16. GOVERNING LAW. The definitions ofmoms used Or the interpretation Ofthc agreement and the rights oral; panics hercunder shall be construed under and governed by the laws ofthc State of Colorado, USA. The following Additional.COnditionx apply only in cases where the Seller is to perform work hereunder, including the services of Sclicrs Reptescnative(s), on the premises ofothers. 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 case of any accident, destruction or injury to the work and/or materials berme Seller's final completion and acceptance, complete the work at Scllcr'x own expense and to the satisfaction of the Purchaser. When materials and equipment am 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 materials and/Or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, pmvidc 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. and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also tarty comprehensive general liability including. but not limited to. contractual and automobile public liability insurance with bodily injury and death limits of at least S300.000 for any one PC on. S500.000 for any one accident and properly damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any. to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premfws ofod cts. the Seller shall furnish the Purchaser 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 date when such compensation and insurance expires. The Seller agrees thatsuch compensation and insurance shall be maintained until afer the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES, The Seller hereby assumes the entire responsibility and liability fnr any and all damage, loss or injury ofany kind or nature whatsoever to persons or pmpemy caused by or resulting fmm the execution of the work pmridcd for in this purchase order or in connection here" ith. The Seller will indemnify and hold homeless the Purchaser and any or all of the Purchasers officers, agerus and cnmloyces man and against any and all claims., losses, damages, charges Or expenses, whether direct or indirect, and whether to Persons Or property to which the Purchaser may be put or subject by reason ofany 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 m any time on account or by reason of any act, action, neglect, omission or default of the Seller ofany of his contractors or any of its or their officers, agents or employees its aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the snow at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other exposes, any and all judgments that may be incurred 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 Os a result of such suit.%m other pmecedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or mhcnvisc. The Seller and his contractors shall take all safety precautions, furnish and instill all giards necessary for The prevention of accidents, comply with all laws and regulations with regard to safety including. but without limitation, the Occupational Safetyand Health Act of 1970 and all mles and regulations issued pursunnt thereto. Revised 03/2010