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HomeMy WebLinkAbout482528 BOBCAT OF THE ROCKIES - PURCHASE ORDER - 9120074PURCHASE ORDER PO Number Page City ofPURCHASE9120074 ' of z FortCollinss This number must appear Fort on all invoices, packing slips and labels. Date: 01/06/2012 Vendor: 482528 Ship To: FLEET SERVICES - MAIN SHOP BOBCAT OF THE ROCKIES CITY OF FORT COLLINS PO BOX 844216 835 WOOD ST DALLAS Texas 75284-4218 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 10.000.00 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-500.00 Total $9,500.00 U 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 Ordcr Towns and Conditions Page 2 of 2 I. COMMERCIALDETAII.S. Tax exemptions. By statute the City of Fan Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Fcdcml Excise Tax Exemption Cenificatc of Registry 84-600( SS7 is registered with the Collector of Failure of the Purchaser to insist upon strict Mformancc of the terms and conditions hereof. failure or dclav to Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39.26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for good.., hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to mcct spceifientima, cilher 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 am not to be replaced except upon receipt Of written purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such gmds, regardless instructions form the City of Fort Collins. of whom shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or reseic ion of this purchase order by the Purchaser operate as a waiver of any of the icons Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival, hereof. Final Acceptance. Receipt of the merchandise, serviecs or equipment in response to this order can rcstdt in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. HO.,c,, it is to be understood that FINAL Seller and The Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion afall applicable required inspection procedures violations are in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns in the Purchaser any and all claims it may now have or hereafier Freight Terms. Shipments must be F.O.B., City of Fen Collins, 700 Wood St.. Too Collins, CO 50522, unless acquired under federal or state antitrust laws for such overcharges relating to the parliculnr 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 parchaw order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where m:mnfacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to he agreed upon by the expected Form the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seiler, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made fmm greater distance. may cause the work to be perfOoned by the most expeditious means available to it, and the Seller shall pry all costs associated with such work. Permits. Seiler shall procure at sellers sole cost 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 perforated, 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 incumd 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 representatives are, in fact. bona fide and possess full and complete authority to bindsaid panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms 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 terms and conditions proposed by seller arc ohj"icd In and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and perfamancc must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers inchtding, without limitation, acceptance of partial hoc deliveries, shall operate as a waiver of this provision. In the event of any delay, the Pnrchascr 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 cause.., not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such acts of God, acts of eiv it or military authorities, governmental priori tics, rims, strikes, food, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seiler 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 he fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless form any loss, damage Or expense which the Purchaser may suffer or incur on account of the Sellers breach of warmnty. The Seller shall replace, repair or make good. without cast 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 ofany applicable wamnty provided by the Seller after 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 ofany claim under this warranty. Except as otherwise pmvided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing wamntics or guarantees, but such liability shall in no event include loss of pmfts Or lose 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 toms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The purchaser may make any changes to the terms, other than legal terms, including additions to or deletions front the quantities originally ordered in the specifications or drawings. by verbal nr written change note, If anv such change affects the amount due or the time ofperfomancc hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written chance order, terminate this agreement 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 the. in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment he 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 Seller ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he as.,crecd within thirty (30) days fmm the date The change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have born produced, sold, delivered and famished 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 he required to effect or evidence compliance. All Imes 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 form all costs and damages solTcred 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 urittcn consent of the other parry. I L TITLE. The Seller warm ties 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 of others. The Seller shall release the Purchaser and its eotnmctors of any tier from all liability and claims of any nature resulting fmm the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees ofsuch party. The Seller's eontmetool obligations, including wamnty, shall not be deemed to be reduced. in any way, because such work is performed or caused to be perfnmtM by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device. material or possess covered by letter. patent, trademark or copyright, the Seller shall indemnify and On.c hamless 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 shall indemnify the Purchaser for any cost. expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the pmsemnion or alter the completion of the work. In ease said equipment, or any part thereof or the intended use of the good.¢, is in such suit held to constitute infringement and the use Of said equipment or pan is enjoined, the Seller shall, at its man expetne and at its option, either procure for the Purchaser the right to coutime using said equipment or parts, replace the sane with substantially equal but noninfringing equipment, or modify it so it becomes nnninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or tntstce for any of the Sellers property or business. this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of teats used Or the interpretation Ofthe agreement and the rights ofall panics hereunder shall be consumed under and governed by the laws ofthe State of Colomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Representative(.,), On the pmmiscs ofothcm. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Shccr's own risk until the same is fully completed and accepted, and shall, in cast, of any accident, destruction or injury to the work and/or materials before Scllcrs final completion and acceptance, complete the work at Sellers Own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller. the Seller shall receive, unload, store and handle same at the sit, and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. IS. INSURANCE The Scllcr shall, at his own expense, provide 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 carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance .with bodily inhny and death limits of at least $300.000 for any one person. S500.00e 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 Sellers or his contractors employees shall do any work apart the promises ofothers, the Seller shall famish 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 horn pmvided. Such certificates shall xpeciy the date when such compensation and insurance expires. The Seller agrees that neh compensation and insurance shall be maintained until tiller the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, lee or injury ofany kind or nature whatsoever to persons or pmperty caused by Or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamless the Purchaser and anv Or all of the Purchasers affects, 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 Seller, any of his contractors, or any of the Sellers or contractors officers, agents Or employees. In ease any suit or other pmccedings shall be brought against the Pnrchascr, or its effects, agents or employees at any time on account or by reason of any act. action, neglect. omission or default of the Seiler 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, attorneys fees and other expenses, 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 parties in or as a result of such suits or other pmccedings, the Seller will at Once cause the sane to be dissolved and discharged by giving bond or otherwise. The Scller and his contractors shall take all safety precautions, Pomish and install all guards necessary for the prevention of accidents, comply wish all laws and regulations with regard to safety including, but without limitation, the Occupalional Safety and Health Act of 1970 and all talcs and regulations issued pursuant thereto. Revised 0312010