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HomeMy WebLinkAbout480331 C & M GROUNDS AND GOLF EQUIPMENT - PURCHASE ORDER - 9112874City of art Collins Date: 05/1912011 PURCHASE ORDER PO Number Page 9112874 1 of 2 This number must appear on all invoices, packing slips and labels. Vendor: 480331 Ship To: PARK MAINTENANCE C & M GROUNDS AND GOLF EQUIPMENT CITY OF FORT COLLINS PO BOX 20517 413 S BRYAN WACO Texas 76702-0517 FORT COLLINS Colorado 80521 Fay : �'D� -1] � - He . I PA v e- h c P 61'.011Av Delivery Date: 05/19/20 1 1 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price Model211.762.104 1 LOT LS 5,825.00 Hydraulic Frame for Verti-Drain 7621 Attn: Mike McPhilomy "' Deliver unit to: City of Fort Collins Fleet Main Shop 835 Wood Street Fort Collins, CO 80521 970-221-6613 Total $5,825.00 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, 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 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. COMMERCIAL DETAILS. To, esemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAI VER. 95-W502. Federal Excise Tax Exemption Certificate of Registry 84-6000597 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof failure or delay to Internal Revenue, Denver. Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (n), exercise any rights or remedies provided herein or by law, failure to promptly notify the Scller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shut] 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 deemed a waiver of any right of the damage in transit, may be returned to you for credit and arc not to be replaced except open receipt of .written purchaser to insist upon strict performance hercofor any of its rights or remedies us to any such foods, regardless instructions from the City of Fort Collins. of When shipped, received or accepted, as to any prior or subsequent default hcrmmdcr, nor shall any purported oral modification or resale ion of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection canarrival. hereof. Final Acceptance. Receipt of the merehandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting form antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact borne by the Purchascr. Theretofore, for good cause and as consideration for csccutinp this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now hm•e or hereafter Freight Terms. Shipments most be F.QB., City of Fort Collins, 700 Wood St.. Fort Collins, CO 90522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified an 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 be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufactures have distributing points in various parts of the country, shipment is Ifthe Purchnscr directs the Seller to correct nonconforming or defective goods by a date to be agrecd upon by the expected from the tiniest distribution point to destination, and excess (might will be deducted from Invoice when Purchascr and the Seller, and the Seller thereafter indicates its inability or umvillingness to comply, the Purchnscr shipments arc made form greater distance. may cause the work to he performed by the most expeditious means available to it. and the Seller shall pay all costs 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 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 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 any such laws, regulations, ordinances, rules and requirements. Authorization. All parties to this contract agree that the representatives arc, in fact, bona fide and possess fall and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the toms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different toms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if yen cannot make complete shipment to arrive on your promised 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 prevision. 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 ofnegligence, such acts of Cod, acts ofeivil or military authorities. govemmental priorities fires, strikes, flood, epidemics, Wars or riots provided that notice of the conditions causing such delay is given to the Purchascr Within five (5) days of the time when the Seller first received knowledge thercof. In the event of any such delay, the date of delivery she]] be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller Wamnts that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given. W'i11 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 similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense Which the Pumf nser may stiffer or incur on account of the Sellers breach of wamnry. The Seller shall replace. repair or make good, without cost to the parehascr, 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 temts of any applicable womanly provided by the Seller tiger the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from unlimber or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchnscr shall not constitute a waiver ofany claim under this Wamnty. 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 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. CHANCES 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 terms, other than legal occurs. including additions to or deletions from the quantities originally ordered in the specs fueatirns or drawings, by verbal or written change Order. If any such change affects the amount due or the time of perfomance hereunder,tin equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreemenl as to 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 pmgress 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 incidental or consequential damages and that no such adjustment be made in to,, of the Seller with respect to any goods Which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted Within thirty (301 days from the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The seller war -cons that all goods sold hereunder shall have been produced, sold, delivered and garnished 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 arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchasers a result of the Sellers failure to comply With such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this rrden or any monies due or to become due hereunder without the prior written consent of the other party. 10.TITLE. The Scllcrwamnts full, clear and unrestricted title to the Purchaser for all equipment materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofothers. The Seller shall release the Purchaser and its contractors of any tier from all liability and dainrs of any nanue resulting from the performance of such Work. This release shall apply even in the event of fault of negligence of the parry released and shill extend to the directors. office. and employees ofsreh piny. The Seller's contractual obligations, including Warranty, shall nor be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent trudenmrk or copyright, the Seller shall indemnify and save hamdcss the Purchascr 1mm any and all claims for infringemmflt by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchascr for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any tine 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 suit held to constitute infringement and the use of said equipment or part is cnjnined, the Seller shop. at its own espensc and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same With substantially cgnol but noninfinging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY, IF the Seller shall bceonre insolvent or lanknpt 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 he canceled by the Purchascr Without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation oflhc agrccnicnt and the rights of all putlics hcreonder shall be consmad under and governed by the laws of the State cfCclomdn. USA. The following Additional Conditions apply only in cases Where the Seller is to perform work hcreonder. including the services of Sellers Represenlative(s), on the premises of others. 17, SELLERS RESPONSIBILITY. The Seller shall carry on said Work at Seller's own risk until the same is filly completed and accepted. and shall, in case of any accident destruction or injury to the Work and/or materials before Scller's rural contpleioo and acceptance, complete the Work at Sellers own expense and to the satisfaction of the Purchaser. When naterids and equipment ore furnished 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 andir, equipment Were being Furnished by the Seller order the order. IA_INSURANCE The Seller ,troth at his ion expense, provide for the payment of workers compensation, including oceupational disease henefitc,to its employees cmptoyed on or m connection .with the Work covered by this purchase order. and/or to their dependents in accordance With the laws of the slate in which the work is to be draw. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and oumnlebile public liahility insurance with bodily injury and dead, limits of at ]cast S300,000 for any one person. 5500,000 for env 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. Before any of the Sellers or his contractors employees shall do any work upon the premises ofothers, the Seller shall burnish the Purchaser with a cenifieatc that such compensation and insurance have been provided. Such certificates shall specify the dote when such compensation and insurance have been provided. Such cenifieatc, shall specify the 'late when such compensaion and insurance expires. The Seller agrees that such compensation and insurance shall be maintained nail aner the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entim responsibility and liability for any and all damage, loss or injury of any kind or nature Whatsoever to persons or progeny caused by at residling 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 any or all of the Purchasers effects. agents and employees from and against any and all claims losses, derma res, charges or expenses. whether direct or indirect, and whether to persons or poverty to which the Purchascr may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, 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 contractors 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 Sellers own expense, to pay any and all costs. charges attemcys fees end other cxpenscs. 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 cast judgment or other lien be placed upon Or obtnincd against the property critic Purchaser, or said panics in or as a result of -such suits or other pmccedings, the Seller Will m once cause the same to he dissolved and dischaged by giving bond or tul"'rim. The Scller and his contractors shall take all safety precautions garish and install all guards nttcssary for the prevention of accidents, comply With all laws and regulations oitb regard to safety including, but without limitation, the Occupational Safety and I Ienith Act of 1970 and all cites and regulations issued Porsuanl IhcrdO. Revised 032010