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HomeMy WebLinkAbout111579 B & G EQUIPMENT - PURCHASE ORDER - 9120073PURCHASE ORDER PO Number Page City Of9120073 1 of z t CollinsCThis number must appear " 1 on all invoices, packing slips and labels. Date: 01/06/2012 Vendor: 111579 Ship To: FLEET SERVICES - MAIN SHOP B & G EQUIPMENT CITY OF FORT COLLINS PO BOX 1990 835 WOOD ST GREELEY Colorado 80632 FORT COLLINS Colorado 80521 Delivery Date: 01/06/2012 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price Blanket order to 1 LOT LS 2,001.00 cover the cost of miscellaneous parts for fiscal year 2012. All deliveries shall be made upon request of City Parts department only. All deliveries to be accompanied by an invoice or packing slip. This purchase order is for the procurement of goods and/or services, as needed during the current fiscal year. Dollar amounts specified are estimates and not a promise to purchase any minimum amount of goods and/or services. 2 Credit 1 LOT LS-250.00 Total $1, 751.00 Invoice Address: 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 Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terms and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-64502. Federal Excise Tax Exemption Certificate of Registry 84641(11)587 is registered with the Collector of Failum 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 30-26, 114 (a), exercise any rights or remedies provided hcrcia or by law, failure to pmmptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to teed specifications, either when shipped or due to defects of any of the wamntics or obligations of this purchase order and shall not be deemed o waiver of any right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance herenfor any of its rights or remedies as to anysuch goods, regardless instructions from the City effort Collins, of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any purported oral modifiemina or rescission of this purchase order by the Purchaser npente 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 mcmhandis, services or equipment in response to this order can result in 12. ASSIGNM ENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic practice. overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact borne by the Purchase, Theretofore, for grind cause and as consideration for exeenting this purchase order, the Seller hereby assigns in the Purchaser any and all claims it may now have or hercaRer Freight Terms. Shipments most he F.O.H., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular gmds or services otherwise specified on this order. If permission is given to prepay freight and charge scpantcly, 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 manufacturers have distributing points in various parts of the country, shipment is Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected fmm the nearest distribution point to destination. and excess freight will be deducted fmm Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all cost, associated with such work. Permits. Seller shall picture at sellers sole cost all necessary prnnits. certificates and licenses required by all applicable Imes, regulations, ordinances and miss ofthe 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 hapless form and against all liability and loss ineumd by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authodeation. All parries to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said parties,• LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and anv supplementary tar additional terms and conditions annexed herein or incorpomtcel 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 promised delivery dare as noted. Time is ofthc essence. Delivery and performance must fie effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpartial late deliveries, shall operate as a waiver ofthis prevision. In the event of any 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 not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its remonable commy and without its fault of negl igcnce, such acts of God, acts of civil or military authorities, goyemmental priorities, fires. strikes, flood, cpidem ics. ones, or riots provided that notice of the conditions causing such delay is given to the Purchmcr 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 conform with applicable drawings, specifications, samples and/or other descriptions given, will be Et for the purposes intended, and perforated 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 Purchaser may suffer or incur on account of the Sellers; breach of wamnty. The Seller shall replace, repair or make good. without cat to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by lass or by the terms crony applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder humcptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this wamnty. Except as otherwise provided in this purchase nude,. the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany ofthe foregoing wamntics or guarantees, but such liability shall in no event include loss of profits or loss of usc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES 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 tcmu, other than legal terms, including additions to or deletions from the quantoie, originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, as 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 equimblc adjustment between the parties as to any work or materials then in progress pmvidcd that the Purchaser shall not be liable for any claims for anticipated Profits an the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Scllcr with respect to any grads which arc the Sellers standard stuck. No such termination shall relieve the Purchaser tar 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 (30) days From The date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller ,.mats 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 are 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 Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this nrdcr, or any monies due or to become due hereunder without the Prior written consent ofthe other parry. 10. TITLE:. The Seller wamnts full, clear and unre,ficled title to the Purchaser for all equipment. mntcrials, and items furnished in perfommucc of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances aad claims ofothcrs. The Seller shall release the Purchaser and its contractors, of any tier From all liability and claims of any nature resulting from the performance ofsuch 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 ofsuch party. The Scllcrs contractual obligations, including warm, am, shall not be deemed to he 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, trademark or copyright. the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and ,lull indemnify the Purchaser for any cost, expense or damage which it may be obliged In pay Ity reason ofsuch infringement at any time during the prosecution or alter the completion of the work. In case said equipment, or any part thereof tar the intended use ofthe goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall. at its own expense and at its option. cith r procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment.or modify it so it becomes mainfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt. make an assignment for the benefit of creditors, appoint a receiver or mace for any of the Sellers property or business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights ofall parties hereunder shall be eo so ed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perfomn work hereunder, including the services of Scllcrs Represontntivc(s), on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall tarty oa said work at Sellers own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury In the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's non expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller. the Sellershall receive, unlnnd. store and handle tome at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 19. INSURANCE. The Scllcr shall, at his own expense, pmcide 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 ofthc state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automohile public liability insurance with bMily injury and death limps of at (cast 5300,000 for any one person, S500.000 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. Before any of the Scllcrs or his contractors employees shall do any .work upon the pnmises ofothcrs, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the dale when such compensation and insurance have beca pmvidcd. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall he maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hereby assumes the entire responsibility and liability for any and all damage, loss or injury nfany kind or nature whatsoever to persons or pmperty caused by nr resulting from the execution ofthe work provided for in this purchase ondcr or in connection herewith. The Seller will indemnify and hold harmlces 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 In which the Purchaser may be put or subject by reason of any act, action, ncglmt, 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 pmecedings shall be brought against the Purchaser. or its officers, agents or entployces at any time on account or by moson of any act, action, neglect, omission or default ofthe Seller of any of his contractors or any of its or their oRecm. agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the sane at the Sellers own expense, to pay any and all costs, charge attorneys fees and other expenses, any and all judgments that may be incurred by or crammed 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 slid parties in or as a result ofsuch suits or other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or ofl crevise. The Seller and his contractors shall take all safety, precautions, famish and install all guards necessary for the prevention of .accidents, comply with all laws and regalmions with regard to safety including. but without limitation, the Ocntpatinual Safety and Health Act of 1970 and all mles and regulations issued pursuant thereto. Revised 03/2010