Loading...
HomeMy WebLinkAbout102817 MACDEONALD EQUIPMENT COMPANY - PURCHASE ORDER - 9120536PURCHASE ORDER PO Number Page City of 9120536 1 of 2 ' `t Collins This number must appear ` 1 on all invoices, packing slips and labels. Date: 01/27/2012 Vendor: 102817 Ship To: WATER UTILITIES MACDONALD EQUIPMENT COMPANY CITY OF FORT COLLINS PO BOX 1865 700 WOOD ST COMMERCE CITY Colorado 80037-1865 FORT COLLINS Colorado 80521 Delivery Date: 01/27/2012 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price Felling FT-40-2 TA trailer 1 LOT LS 8,711.00 Dept share 2 Felling FT-40-2 TA trailer 1 LOT LS 8,712.00 Dept share 3 Felling FT-40-2 TA trailer 1 LOT LS 8,712.00 Dept share per quote dated 1-6-12, Attn: Joe Owens Dept: Water Utilities Deliver trailer & title documents to: Fleet Main Shop, 835 Wood Street, Fort Collins 970-221-6613 Total $26,135.00 9-0-� Q. Oi'L�-aQ �e_ 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 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 Fort Collins is exempt from state and meal taxes, Our Exemption Number is 11. NONWAIVER. 98-0W501 Federal Excise Tax Exemption Certificate of Registry 94-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict perfomanec of the terms and conditions hereof, failure or delay to Internal Revenue. Denver. Colorado (Res 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 goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to area specifications, either when shipped or due to defects of any of the wamnties or obligations of this purchase order and shall not be deemed a waiver ofany right of the damage in transit, may be normal to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hacofor 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 modification or rem scion of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of End Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. How<ver, it is to be understood that FINAL Seller and the Purchascr recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser. 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 hacafier Freight Tcros. Shipments mass be F.O.H.. City of End Collins. 700 Wood St.. Fort Collins. CO 90522. unless acquired Linda federal or state antitrust Imes for such ovccharges retailing to the particular goods or services otherwise specified an 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 pans of the country. shipment is If the Purchaser directs the Seller to correct nonconforming or defective grads by a date to be agreed upon by the expected from the nearest distribution point to destireation, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Pnrehasa shipments are made from greater distance. may cause the work to be performed by the must expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits Seller shall procure at sellers sale cult all accessary permits, eenifieates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision whae 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 Fan Callins harmless from and against all liability and In. incurred by them by reason of as asserted or established violation of any such laws, regulations, onlinanccs, rules and requirements. Authorivmion. All parties to this contract agree that the rcprcsen rtives arc, in fact. bona fide and possess full and complete andmiity to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions stated Lenin set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by rcfaace. Any additional or different tams 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 naive 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 docnmcam attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial laic deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofpincing this order elsewhere and holding the Seller liable for damages. However. the Seller shalt not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its consumable control and without its fault of negligence, such acts of God, acts ofeivil or military authorities governmental priorities fires, strikes, Hood, epidemics, wars or rims provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days ofthe time when the Seller first received knowledge thereof In the event ofany such delay, the date of delivery shall be extended for the period equal to the time actually lost by tenon ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will mnf rm with applicable drawings, specifications, samples and/or, other descriptions given, will he 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 Seiler agrees to hold the purchaser hamdcss from any loss, damage or expense which the Purchascr may mffer or incur on account of the Sellers breach of warranty. 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 he prescribed by law or by the terms ofany applicable warranty provided by the Seiler a0cr the date of acceptance ofthe goods famished hccanda (acceptance not to be unrcasenably delayed), resulting from imperial or defective work done ar materials fmishod by the Seller. Acceptance or use of goods by the Purchascr shall not constitute a waiver ofany claim under this aamnty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any ofthe foregoing wamnties or guamntecs, but such liability shall in no event include loss ofpmfits or loss ofuse. 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 ender. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms• including additions to or deletiore from the quantities originally ordered in the specification or draw in s, by verbal or written change order. If any such change affects the amount due or the time ofpafmancc hereunder, an equitable adjustment shall be made. b. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goads the. oat shipped, subject to any equitable idjusment between the panics as to any work or materials then in progress provided that the Purchascr 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 good which are the Sellers 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 most be asserted within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seiler wamnts that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the good arc subject. The Seller shall execute and deliver such documents is may be required to effect or evidence compliance. All laws 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 from all costs and damages sufficient by the Purchaser as a result of the Scllcrs failure to comply with such Imo. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, of any monies due or to become due hereunder without the prior waitten consent ofthe other party. 10. TITLE. The Scllcr wamnts full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in perfomanec of this agreement, free and clear of any and all liens, restrictions, reservations, secanry interest encumbrances and claims of others. The Seller shall release the Purchaser and its amornate s of any tier from all liability and claims of any nature resulting from the pefommice of sneh work. ' This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, offcas and employees ofsuch party. The Seller's commensal obligations, including wamnty, shall not he deemed to be reduced, in any way, because such work is performed or caused to he perfumed by the Purchaser. 14. PATENTS. Whenever the Seller is required to ase any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save hamdcss 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 nary cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or a0a the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such snit held to constitute infringement and the use of said equipment at pan is enjoined, the Seller shall. at its own expense and at its option, either procure for the Purchascr the right to continua using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes anninfringing. 15. INSOLVENCY. If the Seller shall become insolvent err bankmpt make an assignment for the benefit of creditors, appoint a receiver or trustee for any ofthe Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. Ib. GOVERNING LAW. The definitions aftemw used or the interpretation ofthc igrcemcnt and the rights ofall parties hereunder shall be comtntcd under and governed by the laws ofthc State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Rcprescntativc(s), on the promises c f aduas. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the time is fully completed and accepted, and shall, in case of am accident. destruction or injury to the work and/or meacrinis before Scllcr's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Parchamr. When materials and equipment arc famished by others for installation or cration by the Sella. 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 famished by the Seiler under the order. 18. INSURANCE. The Seiler 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 wnrk covered by this purchase order. and/or to their dependents in accordance with the laws of the state in which the work is m be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public Liability insurance with bodily injury and death limits Mat least S31RI.g1a for any one person. S54'a2tN10 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 insumace. Refmc any ofthe Scllcrs or his contractors employees shall do any .work upon the premises ofothem. the Seller shall famish the Purchascr with a certificate that such compenmtion and insurance have been Provided. Such certificates shall specify the date when such eompenation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insmmace shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby uxumcs the entire responsibilityand liability for any and all damage, loss or injury ofany kind or nature whatsoever to parsons or property, caused by or resulting from the execution ofthe work pm, idcd for in this purchase order or in connection herewith. The Seller will indemnify and hold hamdcss the Purchaser and any ar 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 Purchascr may be at or subject by reason of any act action, neglmt omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officas, agents or employees. In ease any suit or other proceedings shall be bmught against the Purchaser, or its otficas. agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller ofany of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller huchy agrees to assume the defense thereof and to defend the same at the Scllcrs own expense, to pay any and all costs, charges, attorneys fees and other cxpaecs, any and ill judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, ,agents of employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchase, or said parlics in or as a result of such suits or other proceedings. the Seller will at once cause the sane to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safely precautions, furnish and instill all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 03/2010