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HomeMy WebLinkAbout102606 COLORADO MACHINERY LLC - PURCHASE ORDER - 9120895PURCHASE ORDER PO Number Page City of 9120895 ,oft ' `this number must appear Collins1 1 on all invoices, packing slips and labels. Date: 02/10/2012 Vendor: 102606 COLORADO MACHINERY LLC 125 JOHN DEERE DR FORT COLLINS Colorado 80524-9261 Ship To: FLEET SERVICES - MAIN SHOP CITY OF FORT COLLINS 835 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 02/10/2012 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price Blanket order to 1 LOT LS 7,000.00 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 Sublet - Wood Street 1 LOT LS 10,000.00 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 Invoice Address: $17,000.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tcnns and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemption, By statute the City of Fort Collins m exempt fmm state rn d local taxes. Our Exemption Number is 11. NONWAI V ER. 98-W502. Federal Excise Tax Exemption Cenifeate of Registry 94-60WS87 is registered with the Collector of Failure of the Pnrelvtscr to insist upon strict performance of the toms and conditions hereof. failure or delay to Internal Revenue. Deaver, Colorado (Ref. Colorado Revised Stamtcs 1973, Chapter 39 s_6, 114 (a). exercise any rights or remedies provided heroin or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder err approval ofthc design, shall not release the Seller of Goods Rejected. GOODS REJECTED due in failure to meet specifications, either when shipped or due to defects of any of the is am, ntics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit may be reamed to you for credit and arc not to be replaced except upon receipt of written Purchaser in insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless ingtoctions from the City of Fort Collins of when shipped, received or accepted. OS to any prior or subsequent default hereunder, not shall any purported nml mrdificatian ar rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS an subject to the City of Fort Collins inspection no ariwal. hereof. Final Acceptance Receipt of the merchandise, services or equipment in rcspmce to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However. it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmm antitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures violations arc in fact home by the Puchnser. 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 herca0er Freight Terms. Shipments must be F.O.H., City of Fort Collins, 704) Nord St. Fort Collins, CO 90522. unless acquired tinder federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If pemrissum is given tw prepay freight and charge Separately. the original freight purchased err acquired by the Purchaser parstront to this purchase coder. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCIIASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where mannGcturcrs have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected fmm the unrest distribution point to destination, 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 Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Peonies. Seller shall pmeure at sellers sole cost all necessary permits. certificates and licenses required by all applicable Imes, 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 further agrees to hold the City of Fort Collins haonles, from and against all liability and loss incurred by them by reason of an asserted or established violation of any Stich laws, regulations, ordinances, odes and requirements. Authorimation. All panics to this contract agree that the representatives are, in fact, bona fide and possess fall and complete authority to hind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the icmu and conditions Stated herein set forth and any supplementary err additional terms and conditions annexed hereto or incorpnmted herein by reference. Any additional or different terms and conditions proposed by seller are obiocted m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and perfomancc must be effected within the time stated on the purchases order and the document attached hereto. No acts of the Purchasers including, without limitation, acceptance of panial late deliveries, shall operate as a waiver of this provision. In the event ofany delav, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order clmwhere and holding the Seiler liable for damages. However, the Seller shall not be liable for damages as a result of dcltiys due to causes not reasonably foreseeable which art beyond its mawmablc central and without its fault ofnegligence. such acts of God. acts Ofci,il or military amhorities, gdvemmcntal priorities rims, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the 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 reason ofthe delay. 3. WARRANTY. The Seller wamnts that all gads articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will he fit for the purposes intended, and perfumed with the highest degree of care and competence in accordance with accepted standard, far work of a similar nature The Seller agrees m hold the purchaser hamdcss fmm any Inns, damage Or expense which the Purchaser may S1 ffcr err incur on account ofthe Scllcrs breach of wamnty. The Seller shall replace. repair or make good. without cost to the Purchaser, any defects or faults arising within one (I) ynr or within Stich longer period of time as may be prescribed by law or by'the temu of any applicable wamnty provided by the Seller after the date Of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting form imperfect or defective work done or materials famished by the Seiler. Acceptance or use of good by the Purchaser shall not constitute a waiver of any claim under this wamnty. Except as Otherwise provided in this purchase order, the Scllcrs liability hereunder shall extend to all damages proximately "used by the breach of any of the Foregoing wammict or gaaantecs, but such liability shall in no event include Ions of profits or Inns of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANG ES I N LECA L 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 spccificmions or drawings, by verbal or wv,into change nMe,. If any such change affects the amount due or the time of perfomancc hereunder, an equitable adjustment shall be made. s. 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 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 ofthe goods and/err work, for ineidcntzl or ennsceuential damages, and that no such adjustment he made in favor ofthe Seller with respect to any goods which arc the Sellers standard stock. No Stich termination Shall relieve the Purchaser or the Seiler ofany of thcio obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm 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 goods arc subject. The Seller shall execute and deliver such documents as may be required to effect at 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 Pumhascr himades, from all costs and damages suffered by the Purchaser as a result ofthe Sellers failure 1n comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer. or convey this order, err any monies due or to become due hereunder without the prior m rincn consent ofthe Other Puny. 10. TITLE. The Seller warrants Po11, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in perfomancc of this agreement. free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of mhos. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting front the performance of Stich work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees afmch party. The Seller's contractual obligations, including warm mty, shall not he deemed to be reduced, in any way, because such work is performed or coaxed to be performed by the Purchaser. 14. PATENTS. Whenever the Scller is required to asc any design, device, material or process covcrcd by Lorr, patent, trademark or copyright, the Scllcr shall indemnify and save harmless the Purchaser farm any and all claims for infringement by reason of the use of stmh patented design. device, material or pmeess in connection with the contract. and shall indemnify the Purchaser for any cost, expense of damage which it may be obliged to pay by reason of such infringement at any time during the prOwcution err after the completion of the work. In case said equipment. or any part thereof or the intended use of the gonds, 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 said equipment or pans, replace the Same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall heenmc insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Scllcr$ property or business this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oficmrs awd or the interpretation of the agreement and the rightsofall Panics hereunder shall be cautioned under and governed by the laws ofthe State of Colorado. USA. The following Additinnnl Conditions apply only in cases where the Seller is to perfom work Immunder. including the senices of Sellers Representative($), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry onsaid work at Seller's own risk until the some is fully completed and accepted, and shall. in case of tiny accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Scllcrs own expense and to the satisfaction of the Purchaser. When materials ,anti equipment arc furnished by others for installation or erection by the Seiler. the Seller shall receive, unload, store and handle Same at the site and become responsible therefor as though Stich materials and/or equipment were being famished by the Seller under the order. Ill. INSURANCE. The Seller shall, at his own expanse, pmvidc for the payment of workers compensation, inehding 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 Imes Of the Slate 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 insurance with buddy injury and death limits of at least S300,000 for any one person. S500.000 for any one accident and properly derange limit per accident of S400,000. The Seller shall Iikcwk e require his contractors, it any, m pmvidc far such eonmpensatiom and insurance. Before any of the Sellers or his eontractnrs employees shall do any work upon the premise% of others, the Seller shall furnish the Purchaser with a cenificate that such compensation and insurance have been provided. Such certificates shall specify the date when Such compensation and insurance hive been provided Stich certificates shall specifv the date when Such compensation ,and insurance expires The Scller agrees that such compensation and insurance shall be maintained until a0er the entire work is completed and accepted, 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or progeny caused by or malting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamlcss the Purchaser and any or all of the Purchasers oRecrs, ngcats 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 Purchaser may be put or Subject by reason ofany act, action, neglect. omission or default on the pan of the Scller, any of hit contractors. Or any of the Sellers or contractors officers, agents or employees. In case any snit or Other pmeeedings shall be brought against the Purchaser, or its oRecrs agents or employees at any time on account err by reason ofany net. 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 hereby agrees to assume the defense thereof and to dcicnd the lime at the Scllcrs own expense, to pay any and all costs, charges, attorneys fees and other expert cs. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their oRecrs. agents or employees in Such snits or other proceedings, and in "a judgment or other Iicn be placed upon or obtained against the property of the Purchaser. or said parties in or as a molt ofsuch suits or other pmcceding,. the Seiler will a1 once cause the same in be dissolved and discharged by giving bond or Otherwise. The Seller and his contractors shall take all Safety precautions furnish and install all guards necessary for the pmeniinn of accidents, comply with all laws and regulations with regard to Safety including, but without limitation, the Occupational Safety and Ilcilth Act of 1970 and all mics and regulations issued pursuant therein. Revised 0312010