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HomeMy WebLinkAbout102817 MACDONALD EQUIPMENT COMPANY - PURCHASE ORDER - 9120092PURCHASE ORDER PO Number Page City of 9120092 1 of z ' `t Coll`ins This number must appear 1 1J on all invoices, packing slips and labels. Date: 01/06/2012 Vendor: 102817 Ship To: FLEET SERVICES - MAIN SHOP MACDONALD EQUIPMENT COMPANY CITY OF FORT COLLINS PO BOX 1865 835 WOOD ST COMMERCE CITY Colorado 80037-1865 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 5,000.00 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 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 Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Total $4,500.00 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. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 99-04502. Federal Excise Tan Exemption Certificate of Registry 84-6000587 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 (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 of the design, shall not release the Seller of Gods 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 he replaced except upon receipt of written purchaser to insist upon strict performance Boron( or any of its rights or monodies as to any such goods, regardless instructions from the City of Fort Collins of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchuse oiler by the Purchaser operate as a w:nivcr 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. ASSIGNM ENT OF ANTITRUST CLAIMS. auffonzd payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser rcmgnize 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, Tlerdofone, for god cause and as consideration for executing this purchase order, the Seiler hereby assigns to the Purchaser any and all claims it may now have or hercaflcr Freight Terms. Shipments must be F.O.B., City of Fort Collins. 70) Wood St. Fort Collins, CO R0522, unless acquired under federal or state antitrust Imes for such overcharges relating to the particular prods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the anginal 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. Whcre manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seiler to correct nonconforming or defective 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 Scllcr,and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the Work to be performed by the most expedition% means available to it, and the Seller shall pay all cosh ns%ocimed 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 performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller former agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asacnd or established violation of any such laws, regulations, ordinances rules 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 limit% 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 scllct arc objected to 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 performance must he effected within the time stated on the purchau order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries shall operate as a waiver ofthis provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elscwhcre 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 are beyond its reasonable control and without its fault ofnegligence. such acts ofGd, acts nfcivil or military authorities, governmental priorities. fires, stokes flood, epidemics wars or riots provided that notice of the conditions sousing such delay is given to the Purchaser within five (5) days ofihc time when the Seller first receivd 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 confirm 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 standard.% for work of a similar nature The Seller agrees to hold the purchaser harmless from any loss. damage or expense which the Purchaser cans suffer or incur on account of the Scllcrs breach of warranty. The Seller shall replace, repair of make good, without cost to the purchaser, any defects or foults arising within one (1) year or within such longer period of time as may be prcwribd by law or by the terms ofany applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance net to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seiler. Acceptance or use of goads by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers; liability hcrcundcr 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 ofpmfits 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 terms including additions to or deletions from the gmntities originally nrdemd 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, an equitablc 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 good, then net 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 gads and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any gads delivered hcrcundcr. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days form the date the change or termination is ordered. R. 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 good arc subject. The Seiler 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 Formless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such Irv. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller wrounh full, clear and unresnietcd tide 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 Pnrchascr and its contractors of any tier 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 parry released and .shall extend to the directors, officers and employees ofsuch party. The Scllers contractual obligations, including warrants, shall not be doomed to be reduced, in any way, because such work is perforated 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 lotto, patent trademark or copyright, the Seller shall indemnify and save hamdess the Purchaser from any and all claims for infringement by reason of the use of such patented design. device, mmtcrial or process in connection with the contract, and shall indenmify 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 n0er the completion of the work. In cam 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 of part is enjoined, the Seller shall. at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but anninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY, If the Seller shall become insolvent or bankmpt make an assignment for the hermfit of creditors, appoint a receiver or trustee for any of the Scllcrs property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftcrms used or the interpretation of the agreement and the rights ofall pnrtics hcrcundcr 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 Seller is to perfnan work hereunder, including the services ofSellers Represenmlive(.%), on the premises ofothcm. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry no said work at Scllcrs 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 before Scuces final completion and acceptance, complete the work at Seller's on expense and to the satisfaction of the Purchaser. Whcn materials and equipment arc 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 and/or equipment were being furnished by the Seller under the order. IS. INSURANCE, The Seller shall. at his own expense. provide for the payment of workers compensation, including occupational disease bent 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 he done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability m%orance with bnrlily injury and death limits of at least S300.000 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 insumncc. Before any of the Scllers or his contractors employees shall do any work upon the premises efutocm. the Scllcr shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such ecrtifitmes 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 that such compensation sad inmmnce shall be maintained until afirr the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seiler hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or natnrc whatsoever to permns or property caused by or resulting from the execution ofthe work provided for in this purchase Toler or in connection herewith. The Seller will indemnify and hold hummless the Purchaser and any or all of the Purchasers offwcrs, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or imdirccl, and Whether to persons or property 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 case any suit or other pmcc dings shall be bmught against the Purchaser, or its officers, agents or employees many 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 of their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Scllers 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 ease judgment or other lien be placed upon or obtained against the property of the Pnrchascr, or said panics in or as a result of such suits or other pmecedings. the Scllcr will at once 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 motors necessary for the prevention of ,accidents, comply with all lasts and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant therein. Revised 0312010