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HomeMy WebLinkAbout102817 MACDONALD EQUIPOMENT COMPANY - PURCHASE ORDER - 9120235City of art Collins Date: 01/13/2012 PURCHASE ORDER Vendor: 102817 MACDONALD EQUIPMENT COMPANY PO BOX 1865 COMMERCE CITY Colorado 80037-1865 PO Number Page 9120235 1of2 This number must appear on all invoices, packing slips and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS Colorado 80524 Delivery Date: 01/13/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price Ampliroll hooklift AL 150/1600-18 1 LOT LS per quote dated 2-1-11 and previously ordered on P09111617. That order was canceled because the cab chassis was ordered in the wrong wheelbase. Macdonald has held the Ampliroll for use on a different City chassis, which will be ordered in 2012. Options: $1890 - chassis mount 1/2 cab shield $1700 - 16' sub -frame with rollers $7250 - 16' Flatbed City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, 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 39,826.00 Total 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. Tax exemptions By statute the City of Too Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER, 98-0k1502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist open strict performance of the terms and conditions hereof, failure or delay to lammed 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 gueds hereunder or approval ofthe design, shall not release the Seller of Gads Rejected. GOODS REJECTED due to failure to men specifications, either when shipped or due to defects of tiny 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 rcmmed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereefor any of its rights or remedies 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 medification or rescission 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 on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in respomc to this order can ncult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Ford Collins However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overeham_es resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violation, arc in fact home by the Purchascr. Theretofore, for good cause and as consideration for executing this purchase order. the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St_ Too Collins. CO 80522, unless acquired under federal or state antitrust 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 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 mrcct nonconforming or defective goods by a date to be agreed upon by the expected farm the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Scllcr, wad the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greener distance. may cause the work to be performed by the most expeditious means available to it. and the Seller shall pay all costs ussucimcd with such work. Permits. Seller shall procure at sellers sole cost all necessary permits. eenificates and licenses required by all applicable laws, regulations, ordinances and mlcs 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. Seiler 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 panics to this contract agree that the representatives are. in fact, bona fide and possess full and complete authority to bind mid panics. LIMITATION OF TERMS. This Pwehase 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 pmposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if yn r cannot make complete shipment to arrive on your premised 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 attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpartial late deliveries shall operate as a waiver of this prevision. In the event of any delay, the Purchascr 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 Scllcr shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable cannot and without its fault of negligence. such acts of God, acts of civil or military authorities. governmental priorities, foes, strikes. Bad, epidemics, wors 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 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 Seiler warrants that all gads, articles, materials and work covmcd by this order 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 Seller agrees to hold the purchaser harmless from any loss, damage or expert a which the Purchascr may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good. withal cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by Iry terms or by the terof any applicable warranty provided by the Seller after the dare of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials (hramlied 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 Scllcrs Iiabil ity hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wam, ntics or guarantees, but such Iiabil ity shall in no event include loss of profits or lass 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 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 quantities 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. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchascr may at any time by written change order. terminate this agreement as to any or all portions of the gads then not shipped, .subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchascr shall not be liable for any claims fro anticipated profits on the uncompleted Product of the goods 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 arc the Sellers standard stock. No such termination shall relieve the Purchascr or the Seller of any of their obligations as to any galls delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within shim, (30) days form the date the change or termination is ordcouL 8. COMPLIANCE WITH LAW. The Seller warcdnts that all good.% sold hereunder shall have been produced. sold, delivered and furnished 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 he 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 order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchascr fro all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, mservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of etch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, emcees and employees ofsuch party. The Scller's contractual obligations, including warranty, shall not he deemed to be reduced, in any way, because such work is performed or caused to he 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 Scller shall indemnify and save harmless the Purchaser front 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 Purchascr for any cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion of the stork. In case said equipment, or any part thereof or the intended use ofthe goods, is in such snit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either percurc for the Purchascr the right to continue using said equipment or pars, 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 bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers pmperty or business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition, of terms used or the interpretation nfthe agreement and the rights ofall panics hoarder shall be construed under and governed by the laws offl c State of Colomdo, USA. The following Additional Conditions apply only in cases where the Scller is to Perform work hereunder. including the services of Scllcrs Representauve(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on mid work at Settees own risk until the same is fully completed and accepted, and shall, in case of any accident. deorection or injury to the work and/or materials before Seller's final completion and acceptance, complete the work nt Scller's own expense and to the satisfaction ofthe Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Sellershall receive, unload. stare and handle some 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 Seller shall, at his own expense pmvide 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 he done. The Seller shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with ber ily 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 umtrnctoos, if any, to provide for such compensation and insurance, Before any ofthe Scllcrs or his contractors employees shall do any work upon the promises of others, the Seller shall furnish the Purchaser with a eeuifieatc 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 date when such compensation and insurance expires. The Scllcr agrees that such compensation and insurance shall be maintained until aficn the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility, wad liability for any and all damage. Ins, or injury cfany 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 harmless the Purchaser and any or all of the Purchasers officers, agents and employees farm and against any and all claims, losses, damages, charges or expenses, whether direct or indirect wad whither to persons or property to which the Purchascr may be put or sobjeet by reason of any act, action. reflect omission or default on the pan of the Seller, any of his contractors, or any of the Scllcrs or contractors officers, agents or employees. In case any suit or other pmccedings shall be brought against the Purchascr, or its officers, agent or cmployces at any time on account or by reason of any, act, action, neglect omissinoor default of the Seller of any of his contractors or any of its or Ihcir officers, agents or employees as aforesaid, the Seiler hereby agrees to assume the defense thereof and to defend the mnmc at the Scllcrs own expert c, 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 Purchascr or any of its or their officers. agents or cmployces in such suits or other proceedings. and in case judgment or other lien be placed upon or obtained against the property of the Pmxhomr, or mid parties in or as a molt of such suits or other proceedings. the Seiler will at once cause the mine to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safely precautions, hrmiah and install all guards necessary for the prevention of accidents comply with all laws and regulations with regard to mfety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant Ihercm. Revised 03/2010