HomeMy WebLinkAbout105898 FARIS MACHINERY CO - PURCHASE ORDER - 9114261City of
�,.For_t Collins
PURCHASE ORDER
PO Number Page
9114261 1of3
This number must appear
on all invoices, packing
slips and labels.
Date: 02/01/2012
Vendor: 106898 Ship To: WATER UTILITIES
FARIS MACHINERY CO CITY OF FORT COLL
5770 E 77TH AVE 700 WOOD ST
COMMERCE CITY Colorado 80022-1044 FORT COLLINS Colorado 80521
Delivery Date: 07/21/2011 Buyer: JAMES HUME
Note:
Line Description / Quantity UOM Unit Price Extended
Ordered Price
1 2011 Vactor 1 LOT LS 200,000,00
2112 Classic
2 2011 Vactor j 1 LOT LS 42,190.00
Share of purchase /
i
3 2011 Vactor 1 LOT LS 26,910.00
Share of purchase'
per quote dated 7-11-11, Attn: Larry Johnson
Dept: Waste Water
City contact: Jim Hume, 970-221-6776
Deliver completed unit and title documents to:
Fleet Main Shop, 835 Wood Street, Fort Collins 970-221-6613
PO changed to Faris Machinery, 2-1-12.
Boyle was purchased by Faris in mid 2011. jrh
Total $269,100.00
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 Il, 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 ORDER PO Number Page
C117/ Of///��� Collins
9114261 2 of 3
`t ( V olliThis number must appear
` J on all invoices, packing
slips and labels.
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 3 of 3
1. COMMERCIAL DETAILS.
Tan exemptions. By statute the City of Fen Collins is exempt from state and local lives. Our Exemption Number is 11. NON WAIVER.
98-01502. Federal Excise Tax Exemption Cerlficare of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict perlommnce of the lemma and conditions hereof. failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 or exercise any rights or remedies provided hcrcin or by lax', failure to promptly notify the Sutler in the event of a
breach, the acceptance of or payment for goods hereunder or approval of the design, shall not relcasu the Seller of
Goals Rejected. GOODS REJECTED due to failure ao meet specifications. either when shipped or due to defects of any of the u'trounces or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in format, may be returned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance Immofor any of its rights or remedies as to any such goods, regardless
immactimu Rom the Cilyof Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
oral modification or nsuission of this purchase order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS arc subject to fire City ofFort Collins inspection on arivul. hereof.
Final Acceptance. Rcccipt of the merchandise, services or equipment in response to this order can ,suit in 12. ASSIGNMENT OF AN I' I' I' RUST CLAIMS.
u dwrized payment on the pan of the City of Fort Collins However, it is to be understood that FINAL Seller sad the Purchaser recognize that in actual economic practice, overcharges resulting from m1 illst
ACCEPTANCE is depcvdent upon completion ofall applicable required inspection procedures. violations are in fact bonze by the Purchaser. Theretofore, for grad came and us consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it nay now have or hereafter
Freight Temv. Sir ipnlens most be F.O.H., City of Fort Collins, 700 Wood St., Fern Cull ins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services
otherwise specified on Ihis order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pm$rLat to this purchase order.
bill rotor accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manullocrumrs have distributing points in various parts of the country, shipment is ❑the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed own by the
expected from the nearest distribution poim to destination, and excess freight will be deducted front Invoice when Purchaser and the Seller, and the Scllcr thereatter indicates its inability or umvilliagness to comply, the Purchaser
shipments are made from greawr distance. may cause the work to be performed by the most expeditious mews available to it, and the Seller shall pay all
costs ussoeiawd with such work.
factions. Seller shall procure at sellers sale cost all necessary permits, ceniticwes and licenses required by all
applicable laws, regulations, ordinances and vies of the sloe, 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 Fon Collins hornless from and against all liability and loss
incured by nhenn by an of an asserted or established violation of any such laws, regulations, ordinances, rules
and requirements.
Alumni anion. All parties to this contract agree that the representatives are in fact, bona fide and possess fall and
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions stated
herein wl forth and any supptenmcnory or additional toms and conditions annexed hereto or incorporated hcrcin by
mfcnncc. Any additional or dill mm terms and conditions proposed by seller are objected to and bcwby'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 fi a essence Delivery and performance must be effected within the tittle
stated on the purchase order and the documents attached hereto. No acts of the Purehuscrs including, without
limitation, acceptance of parfiul late deliecrics, shall operate us a waiver of this provision. In the event orally 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 liu Damages as a result of delays
due 10 causes not removably foreseeable which are beyond its reasonable control and without its fault ref negligence,
such acts of God, acts ofcivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or
riots provided that notice of the conditions eating such delay is given to the Purchaser within live (5) days ofthe
time when the Seller first reconed 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 ofthe delay.
3. WARRAN"rY.
The Scllcr warrens that all goods, articles, materials and work covered by this order will conform with applicable
droving,, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and
perfumud with the highest degree of can and competence in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold the purchaser hamdess bear any loss, damage or expense which the
Purchascr may suffer or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or mmake
good, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer Period of
time as may' be prcscnbcd by law or by the urns of any applicable warranty provided by the Seller after the date of
acceptance of the goods furnished hereunder (acceptance no to be unrcawnably delayed), resulting from imperfect
or defective wurk done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not
consulate a waiver of any claim under this wanamy. Except m uthemise provided in this purchase order, the Set lers
I iabiliry hereunder shall extend to all damages proximately caused by the breach ur any of the foregoing warranties
or guarantees, but such liability shall in no event include loss of profits or loss of use NO IhI PLIED WARRANTY
OR M E RCHANTA HI L I'fY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CI TANG ES IN LEGAL TERMS.
1"he Purchaser inuy... ake changes to legal aeons by written change omler.
5. CHANGES IN COMMERCIAL'I EITMS.
1"he Purchaser fray make any changes to the terns, other than legal terms, including additions to or deletuns from
the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such
change aflects the amount due or the time ofperfonnance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
'rile Pumbascr may at any tittle by written change order, terminate this agreement as to any or all portions of the
goods tan rem shipped, subject to any equitable adjustment between the panics as to any work or materials then in
progress provided but he Pumhaur shall nn1 be liable for any claimm for anticipated profits on 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 Seller with respect to any goods which am the Sellers standard stock. No such terminal shall relieve
the Purchaser or the Seller of any of their obligations as to any goads delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the date the change or lco minution is
ordered.
S. COMPLIANCE WITH LAW,
The Seller svarmnu 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. I lie Seller shall execute and
deliver such doemncns as may be mquircd to effect or evidence emopliace. All laws and regulations required to be
incorporated in ugreensents of this character are hereby incorporated herein by this mtcrence. 1 he Seller agrees to
indemnity and hold the Purchaser harmless man all costs and damages suffered by the Purchaser as a result ofthe
Scllcr failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, tmnsfer, or convoy this order, or any monies due or to become due hereunder without the
prior written consent ofthe otter party.
10. TITLE.
The Seller warrens full, dear 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, secarity interest
encumbrances and elai... s of other.
The Seller shall release the Punlwser.and its contractors of any tier from all liability and claims orally nature
resulting front the perfonnowc of such work.
This release shall apply even in the event of fault of negligence of the parry teemed and shall extend to the
directors, officers and employees ofsuch parry.
The Suflue, contmetoml obligations, including womanly, shall not be deemed to be redhead. in any way, because
such work is performed or caused to be performed by the Pumhascr.
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 same harmless the Purchaser from any and all claims fur infringement
by reason of the use of such patented design, device, material or process in connection with the contract, and
shall indeno.ify the Purchaser fur any cost, expense or damage which it may be obliged to pay by reason ofsuch
inRingemmut at any rime during the prosecution or after the completion of the work. In ease said equipment, or
any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and [tic use of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, tither procure for the
Purchaser the right to continue using said equipment or pans, replace the sans with subsantiully equal bill
nooinfiinging equipment, ur nhodily it so it becomes noninfringing.
15ANSOLVENCY.
ll'the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint u
receiver or trustee for any of the Sellers propery or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions effcros used or the inwrpreotion ofthe agreement and the rights ofull parties Iumandershall be
connrocd under and governed by the laws ofthe State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perfornm work hereunder,
including the services of Sellers Reprcsanativc(sk on the premises to others.
17, SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's 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 Sellces final completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials
and equipment arc furnished by others for installation or erection by the Seller. the Seller shall nccivu, unload,
,mm and handle same at the site and become responsible therefor as though such runnel and/or equipment
were being furnished by the Seller under the order.
IA INSURANCE.
The Seller shell, at his own expense, provide for the payment of ivorkers cov.penSution, 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 ofthe state in which the work is to be done. 'the Seller
shall also curry comprehensive general liability including, but not limited to, contructual and automobile public
liability insurance with bodily 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 $400,000. The Seller shall likewise require his
contractors, if any, to provide for such cumpeu;lfion and insurance. Before any ofthe Sellers or his contractors
employee, shall do any work upon the porn. ises of otl.crs, the Seller shall furnish dre Purchaser with a certificate
that such compensation and insumncc have been provided. Such cerifieaw, shall specify the date .,hen such
compensation and insurance have bean provided. Such certificates shall specify the date when such eon.pensatiun
and insurance expires, The Seller agrees lbar such compensation and insum uc shall be maintained until utter the
entire work is completed and accepted.
19. PROTECTION AGAINST" ACCIDENTS AND DAMAGES.
The Seller hereby assumes the claim m pmoitbe ily aad liability for any and age damage, fuss nr injury of any kind
or nature whatsoever to peons or property, caused by or resulting from the execution of the work provided for in
this purchase order or in connection herewith. Thu Seller will indcmni fy and hold hornless 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 pol to which the Pu¢huser may
be put or subject by mason of any act, action, neglect, omission or default on the pan of the Scllcr, any of his
contractors, or any of the Sellers or contractors officers, agents or employees. In ease any suit or other
proccvlings shall be brought against the Purchaser, or its officers, agents or employee, at any time oil account or
by reason of any act, action, neglect, omission or default ofthe Seller orally of his contractos or any of is or
their affects, agents or employees as aforesaid, the Seller hereby agrees to asume the defense thereof and to
defend the smile u1 the Sellers two expense, to pay any and all costs, charges, attorneys Res and other expenses,
any and nil judgments ran may be incurred by or obtained against the Purchaser or any of its or their ofiicrs,
agents or employees in such Buis or other proceedings, and in case judgment or other liar be placed upon or
obtained against the prop try of the Purchaser, or said parties in or as a result of such suits or other proceedings,
the Scllcr will at once cause the bone to be dissolved and discharged by giving bond or ofile... is,. *1'he Seller and
his contractors shall take all smety precautions, furnish and install all gourds necessary for the prevention of
accidents, comply with all laws and regulations with regard to safely including, but without limitation, the
Occupational Safety and [Icahn Act of 1970 and all rates and regulations issued pursuant therem.
Revised 03/2010