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HomeMy WebLinkAbout105834 STEWART & STEVENSON POWER INC - PURCHASE ORDER - 9115244City,PO Number of PURCHASE ORDER 91152" Page of 2 ' ` Col I M� his number must appear Coltin' on all Invoices, packing sli s and labels. Date: 09/12/2011 Vendor: 105834 STEWART & STEVENSON POWER INC PO BOX 220 COMMERCE CITY Colorado 80037-0220 Ship T OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS Colorado 80521 Delivery Date: 09/12/2011 ( Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price I Rent 2 as 375 cfm compressors Rental from 10/10/11-11/11/11 for the Parks department, City of Fort Collins. pelivery or pickup will be determined at a later date. Contact person: Steve Wixson, 970-416-2064 Parks or LeOra Spence 970-221-6891 office C3. O%lP?Q.� City of Fort Collins Director of Purchasing and Risk Management This order Is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Coffin Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-0776 Fax:970-221-6707 Emall:purchasing@fcgov.com 1 LI OT LS Total 3,600.00 i Invoice Address: City of Fort Collins j Accounting Department PO Box 580 j Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from stare 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 stria pefonmance of the terms and conditions hesaf, failure in delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). exemice any rights or remedies provided herein or by law, failure o promptly notify the Sell" in the event of a breach, the acceptance of a payment for goods hereunder or approval ofthe design, shall not release the Sellerof Goods Rejected. GOODS REJECTED due to Failure in meet specifications. either when shipped or due to defects of arty of the warranties or obligations of this purchase odes and shall not be deemed a waiver of any right ofthe damage in transit, may be removed to you for credit and are trot in be replaced except upon receipt of written purchaser to insist upon strict performance hereof er any of its rights a remedies m in any such goads, mpoless instructions from the City of Fort Collins. of when shipped received in accepted, ns in any prior or subsequent default hereunder, ticr shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the trams Inspection GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Amcptanee. Receipt of the merchandise, 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 Fart 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 of all applicable required inspection procedures. violations are in fact bom , by the Putchastt. Theretofore, For good cause and as consideration for exerting this purchase Oder, the Seller hereby assigns in the Purchaser any and all claims it may now have or hercaRa Freight Tents. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fan Collins, CO 80522, unless acquired under federal or state amioust laws 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 most accompany invoice. Additional charges fa packing will rot be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS, Shipman Distance. Where manufacturers have distributing points in various pats of the country, shipment is If the Purchaser directs the Seller to correct nonmnfmrning or definitive goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafi" indicates its inability or unwillingness to comply, the Purchaser shipmanes are made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Sella shall Pay all costs associated with such work. Permits. Sella shall procure at sellers sole cast all necessary parrnits, entificams and liceuses 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 my other duly cmnstiMed public authority having jurisdiction over the work of vendor. Sella further agrees ro hold the City of Fort Collins harmless from and against all liability and loss incurred by than by reason of an asserted or established violation of any well laws, regulations, ordinances, min 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 parties. LIMITATION OF TERMS. This Purchase Order expressly limits acccpmnce to the terms end conditions stated herein set forth and arty supplementary or additional terms and conditions annexed here, or incorporated herein by reference. Any additional or different tames and conditions proposed by selle am objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you canna make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and performance most be effected within the time stated on the purchase order and the documents gnashed herero. No acts of the Purchasers including, without Iiminatiom 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 o other legal and equitable remedies, the option ofplacing this orda elsewhere and holding the Sella liable for damages. However, the Seller shall no be liable fro damages as a result of delays due to causes out reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, aces of civil or military authorities, governmental priorities, fires. strikes, flood, epidemics, wars or riots Provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days ofthe time when the Sella 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 ofthe delay. 3. WARRANTY. The Seller warrants; that all goods, articles, materials and work covered by this odes will conform 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 standards for work of a similar nature. The Sella agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or inern on account ofthe Sellers breach of warranty. The Sella 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 ns may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereada (acceptance ram to be unreasonably delayed), resulting from imperfect or def dve work done or materials furnished by the Sella. Acceptance or use of goods by the Pumhasa shall not constitute a waiver of any claim under this warranty. Except m 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 warranties or guammees, but such liability shall in no event include loss ofpmftts 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 terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchased may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal m written change order. If any such change affects the amount due or the time of permso mce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchases may at any time by written change order, terminate this agreement as to any or all portions of the good then ram shipped, subject to any equitable adjustment between the parties of to any work a materials then in progress provided that the Purchaser shall not be liable for my claims For anticipated profits on the uncompleted portion of the goads and/or work, for incidental a consequential damages, and that no such adjustment be made in favor of the Sella with respect to any goads which are the Sellers standard stock No such termination shall relieve the Purchases or the Sella of my of their obligations as to airy goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days form the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold heaonda shall have been produced sold. delivered and furnished in atria compliance with all applicable laws and regulations in which the goods are subject. The Sella shall mecum and deliver such documents as may be required to efrect or evidence compliance. All laws and regulations required or be incorporated in agreements of this characMr are hereby incorporated herein by this reference. The Sella agrees to indemnify and hold the Purchasa harmless from all costs and damages suffered by the Purchaser ns a result of the Sellers faille of comply with such law. 9. ASSIGNMENT. Neither perry shall assign, transfer, a convey this order, or any monies due in to become dal hereunder without the prior written consent ofthe other parry. 10. TITLE. The Sella warnota full, clew and urmstriced 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 "veumbrarees and claims of other. The Sella shall release the Purchaser and its contractors of any rid from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers; and employees of such party. The Sellers contractual obligations, including warranty, shall ram be darned to be reduced, in any way, because such work is performed a caused to be performed by the Purchaser. 14. PATENTS. Whenever the Sella is required to use any design, device, material a process covered by letter, patent, trademark or copyright, the Sella shall indemnify and save harmless the Purchases from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contrast, and shall indemnify the Purchaser For any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or aft" 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 commuche infringement and the use of said equipment or prat is enjoined the Seller shall, at its own expense and at its option, either procure fro the Purchaser the right in continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, a modify it so it becomes n minfringing. 15. INSOLVENCY. If the Sella shall become insolvent at bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee fro any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16, GOVERNING LAW. The definitions of tears used or the interpolation ofthe agreement and the rights ofall parties hereunder shall be construed under and governed by the laws of the State of Colorado. USA. The following Additional Conditions apply only in cases where the Sella is to perform work hereunder, including the services of Sellers Represcnative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Sella 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 of injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others fro installation or cr"tion by the Sell", the Sella shall receive, unload, store and handle same at the site and become responsible therefor ns though such materials and/or equipment wens being furnished by the Sell" under the order. 19. INSURANCE. The Seller shall, at his own expense provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on a 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 Sella shall also carry comprehensive general liability including, but not limbed to, contmcnal and automobile public liability insurance with bodily injury and death limits ofat least S300,000 for arty one person. $500.000 For any one accident and property damage limit per accident of S400,000. The Sella shall likewise require his contractors, if any, to provide fro such compensation and insumrrce. Before any of the Sellers a his conmactara employees shall do any work upon the premises of others, the Seller shall furnish the Purchase 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 doe when such compensation and insurance expires. The Sella agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entim responsibility and liability for airy end all damage, loss or injury ofany kind or nature whasoev" to persons a property caused by a resulting from the execution ofthe work provided For in this purchase order or in connection herewith. The Sell" will indemnify and hold Islamism the Purchaser and any or all of the Purchasers officers, agents and employees from 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 of any ad, anion, neglect, omission a default on the pat of the Sella, a" of his contractors, a any of the Sellers of contractors officers, agents or employees. In case any suit a other proceedings shall be brought against the Purchaser, a its officers, agents a employees at any time on account or by reason of any act, action, neglect omission a default of the Sella of any of his mntractas or any of its a their officers, agents or employees as aforesaid the Sella hereby agrees to assume the defense thereof ad to defend the same at the Sellers own expense, to pay my and all costs, charges, attorneys fees and other expenses, my and nil judgments that may be incurred by a obtained against the Purchasa 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 parties in or as a result of inch nits or other proceedings, the Sella will at ode cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevenfion of accidents, comply with all laws and regulations with regard of safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued personal thereto. Revised 03/2010