HomeMy WebLinkAbout113279 DAN'S SMALL ENGINE - DSE INC - PURCHASE ORDER - 3212329PURCHASE ORDER PO Number Page
City Of 3212329 1 of s
`t Collins
OI`I I n C This number must appear
{, �7 on all invoices, packing
slips and labels.
Date: 02/02/2012
Vendor: 113279
DAN'S SMALL ENGINE - DSE INC
1816 HEATH PARKWAY #F
FORT COLLINS Colorado 80524
Ship To: WATER UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS Colorado 80521
Delivery Date: 02/01/2012 Buyer: OPAL DICK
Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS
AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR
YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT
A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH
GOODS AND/OR SERVICES.
Line Description Quantity UOM Unit Price Extended
Ordered Price
2012 Blanket Order
Utilities
Cam-. C3. Oi'lII-�-qQ�
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
1 LOT LS
Total
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Ordcr Terms and Conditions
Page 2 of 2
L COMMERCIAL DETAILS.
Tax exemption,. By staple the City of Pon Collins is exempt from state and Intent taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Cenifieate of Registry 94-6000587 is registered with the Collector of
Internal Revenue, Denver, Colorado (RcE Colorado Revised Stamtcs 1973. Chapter 39 2fi, 114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped Or due to defects of
damage in transit, may be retuned to you for credit and am not to be replaced except upon receipt of written
instructions from the City of Fen Collins.
Inspection. GOODS arc subject to the City of Fen Collins inspection on arrival.
11. NONWAIVER.
Failure of the Purchowr to insist upon strict performance of the terms and conditions hereof. failure or delay to
exercise any rights or remedies provided hcrcin or by law, failure to promptly notify the Seller in the event Of a
breach, the acceptance ofor payment for goods hereunder Or approval ofthe design, shall not release the Seller of
any of the ommantics or obligations of this purchase nrdcr and shall not be deemed a waiver ofany right of the
purchaser to insist upon strict Performance hconfornny ofits rights or rcmedics as to any such grads, regardless
of when shipped, received or accepted, as In any prior or subsequent default hereunder, nor shall any purported
oral modification or rescission of this purchase noler by the Purchaser operate as a waiver of any ofthe terms
hereof.
Final Acceptance Reccipt 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 Fen Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmm antitrust
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, vinlatioas are in fact borne by the Purchaser. Themunfore, 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.H., City of Fen Collins. 700 Wood St., Fen Collins, CO 90522, unless acquired under federal or state atr umst laws for such overcharges relating to the particular goods or services
otherwise specified on this Order. If pemussion is given to prepay freight and charge separately, the original freight purchased or acquired by the Parehnser pursuant to this purchase Order.
bill must accompany invoice. Additional charges for packing will not be accepted.
13. PURC14ASERS PERFORMANCE: OF SELLERS OBLIGATIONS.
Shipment Dittanec. Where manufacturers have distributing points in various parts Uf the country, shipment is If the Purchaser directs the Seller to correct anncnnfomring nr defective goods by a due to be agreed upon by the
expected from the nearest disuihation point to destination, and excess freight will he deducted front Invoice when Pnrchascr and the Seller, and the Seller thaenfter indicates its inability or unwillingness to comply, the Purchaser
shipments arc made front greater distance. may cause the work to be performed by the most expeditious means mailahle to it, and the Seller shall pay all
costs associated with such work.
Permits. Seller shall procure at sellers sole cost all necessary permits. certificates and licenses required by all
applicable Imes, regulations. ordinances and rules 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 further agrees to hold the City of Fen Collins harmless from and against all liability and toss
incurred by them by reason of an asserted or established violation of any such laws, regulations. Ordinances. odes
and requirements.
Authorization. All panics to this contract agree that the representatives arc, in fact, bona fide and pmscss full and
complete mmhority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set forth and any supplcmcinam or additional terns and conditions annexed hereto or incorporated herein by
reference. Any additional Or diffceevt terms and conditions proposed by seller are objected toand hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on yen,
premised delivery date as noted. Time is ofthe essence Delivery and performance must be eDceled within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance ofponial 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 rcmedics. the option ofplacing this order dwo here
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 arc beyond its reasonable control and without its fnuh of negligence.
such acts of Gtd, acts Ofcivil Or military authorities, governmental priorities, fires. strikes. nond. epidemics, wars or
riots provided that notice of the conditions causing such delay is given to the Purchaser within two (5) days of the
time when the Seller first received knowledge thereof In the event crony such delay, the date of delivery shall be
extended for the period equal to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller warrants that nil goods, articles, materials and work covered by this enter Will conform with applicable
drawings, specifications, mamples 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 expense whidi the
Purchaser may suffer or incur on account ofthe Scllcrs breach of Warranty. The Seller shall replace, repair or make
good, without 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 Im, or by the ones ofany applicable warranty provided by the Seller after the date of
acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done Or materials furnished by the Scllcr Acceptance or use of goods by the Purchaser shall not
constitute a swivcr ofany claim under this waranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing onto mics
or guarantees. but such liability .shall in no event include lass ofpmfit, art loss 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 Parchascr may make any changes m the terms, other than legal terms, including additions to or deletions front
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 ofecrformance hereunder. an equitable adjustmem shall be made.
fi. TERMINATIONS.
The Purchaser may at any time by written change 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 then in
pmgress pmvidcd that the Purchaser shot; not be liable for any claims for anticipated profits on the unconpleted
portion of the goods and/or Wnrk, for incidental or consequential damages, and that no such adjamencre he made in
favor of the Scllcr with respect to any goods Which arc the Sellers standard stock. No such termination shall relieve
the Purchaser Or the Seller ofany of their obligations as to any goods delivered hcreundcr.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be assented within thirty (30) days front the date the change or tertim ition is
ordered.
H. 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 Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and equdaions required to be
incorporated in agreements of this character arc hereby incorporated herein by this reference. The Scllcr agrees to
indemnify and hold the Pumhzwr harmless fmm 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, tmnsfe, or convey this order, or any monies due or to become due hereunder without the
prior Written consent Of the other parry.
IO.TITLE.
The Seller Warrants full, clear and unrestricted tide to the Purchaser for all equipment, materials, and items furnished
in performance of this agrecmcm. free and clear of any and all liens, restrictions, reservations. security interest
encumbrances and claims of mhem.
The Seller shall release the Purchaser and its contractors of any tier fmm o11 liability and claims of ray union,
resulting from the performance ofsuch work.
This release shall apply even in the event of fault of negligence of the patty released and shall extend In the
directors, officers and employees ofsuch party.
The Seller's contractual obligations including warranty, shall not he doomed to be reduced, in any way. because
such work is performed 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 letter, patent, trademark
or copyright. the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of the use ofsuch patented design. device, material or process in connection with the contract, and
shall indemnify the Parchawr 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 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 the use of
said equipment or pan is enjoined. the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right to continue Using mid equipment or parts, replace the mete with substantially equal but
noninfinging equipment, or modify it so it becomes anninfringing.
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 pmpcny or business, this order may forthwith be canceled by the
Purchaser without liability.
Ito. GOVERNING LAW.
The dennitions ofterms Used or the inuerprctntion ofthc ag ecmcnt and the rights ofall panics hereunder shall be
constmed under and governed by the Inws ofthe Slate of Colorado, USA.
The following Additional Conditions apply only in cases Where the Seller is to perform work hereunder.
including the services ofScllcm Representmivc(s), on the premixes ofmhers.
17. SELLERS RESPONSIBILITY.
The Seller shall tarty on said work at Sellers own risk until the mime is fully completed and accepted, and shall,
in case of any accident datmetiun or injury to the work anchor muermis before Scllcrs final completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials
and equipment are furnished by others for installation or erection by the Seller. the Seller shall receive, unload.
store and handle same nt the site and become responsible therefor as though such materials and/or equipment
were being furnished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation. including occupational
disease benefit, 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 Imes of the state in which the work is to be done. The Seller
shall also carry comprehensive geneml liability including, but not limited to. contractual and automobile public
liability insurance .with bodily injury and death limit arm (cast S300.090 for amp One person. S500,000 for any
one accident and property damage limit per occident of S400.000. The Seller shall likmviw require his
contractors, irony, to provide for such enmpenmmion and insurance. Before any of the Sellers or his contractors
employees shall do any Work upon the prmniws of others, the Seller shall furnish the Pnehasar with a certificate
that such compensation and insurance have been pmvidcd. Stich certificates shall specify the date when such
compensation and insurance have been provided. Such ccrtiftuttcs shall specify the date when such compensalion
and insurance expires The Seller agrees that such compensation and insurance shall he maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Scllcr hereby assumes the entire responsibility and liabilty for any and all damage, loss or injury ofany kind
or nacre whatsoever to persons Ur property caused by orresulting front the execution ofthe work provided for in
this purchase order or in connection herewith. The Seller Will indemnify and hold harndcss the Parchascr and any
or all Of the Purchawrs officers. agents and cmployccx from and against any and all claims, losses, damages,
charges or expenses, Wbcthcr direct or indirect, and whether to persons or pntpcnv to which the Pumhawr may
be put or subject by reason ofany net action, neglect. omission or default on the pan of the Scllcr, any of his
contractors, of any of the Scllcrs or contractors officers, agents or employees. In case any suit or other
pmcecdings shall be brought against the Purchase, or its officers, agents or employees at any time on account or
by reason ofany act action, neglect. omission or default of the Seller ofany arms contractors or any of its or
their effects, 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, anomcys fen 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 It,. be placed upon or
obtained against the property of the Parchascr. or said panics in or as a result ofsuch .suits or other proceedings.
the Seller Will at once cause the many to be dissolved and discharged by giving bond or otherwise The Seller and
his contractors shall take all safety precautions, fitmish and install 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 cola and regulations issued pursuant thereto.
Revised 03/2010