Loading...
HomeMy WebLinkAbout103834 BOYLE EQUIPMENT CO - PURCHASE ORDER - 9121459City of art Collins PURCHASE ORDER Date: 03/12/2012 Vendor: 103834 BOYLE EQUIPMENT CO 7550 DAHLIA ST COMMERCE CITY Colorado 80022 PO Number Page 9121459 1of3 This number must appear on all invoices, packing slips and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 03/12/2012 Buyer: OPAL DICK Note: Line Description Quantity Ordered UOM Unit Price Extended Price MZ300 OZIII Camera (1 ea.) 1 LOT EA 19,656.00 2 TX361 WTRIII Wheeled Transport (1 ea.) 1 LOT EA 14,390.00 3 WM307 High Traction Steel Wheels 6" (1 set) 1 LOT EA 1,447.00 4 WM308 Wheel Kit, Rubber 8" (1 set) 1 LOT EA 1,012.00 5 WM308-1 Hight Traction Steel Wheels 8" (1 set) 1 LOT EA 1,475.00 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, 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 City of art Collins PURCHASE ORDER PO Number Page 9121459 zof3 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 6 OZII Camera Trade In 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 Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email: purchasing@fcgov.com 1 LOT EA -7,000.00 Total $30,980.00 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 I. COMMERCIAL DETAILS. Tax exemptions. Hy'statute the City of Fon Collins is exempt from state and local axes. Our Exemption Numbcr is 11. NON WAIVER. 98-04502. Federal E.vcise Tax Exemption Ccnilicotc of Registry 84-6000587 is registered with to Cullccror of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). exvrcisc any rights or remedies provided hcrcin or by law, tail... to promptly notify the Seller in the event of u breach, the acceptance of tar payment 1'or goods hercundcr or approval of the design. 'hall nut relcose the Seller.1 Goads Rejected GOODS REJECTED due to failure to meat specifications. either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, maybe rdumed to you for credit and are not to be replaced except upon ncci" of wriucn Pontotoc, to insist upon strict Performance hercufor any of its rights or remedies as to any such gout,'', regardless instructions from the City of Fort Collins, of mhot shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purport d amp modification of rescission of this purchase order by the Purchaser operate a' a waiver of any of the terms Inspection. GOODS arc subject to the City of'Fon Collins impaction on anival. herc.f Final Accepwaiec. Rvevipt of the menhmrdise, services of equipment in response I. his order can result in 12. ASSIG NM ENT OF A NI"FR UST CLA I M S. authorized payment off the pan of the City of Fan Collins. liow'cvcr, it is o be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting hunt antitrust ACCEPTANCE is dependent upon compleiut of all applicable required inspection pnndures. violations arc in tact borne by the Purchaser. T"heretofore, for good cause and as consideration for executing this purchase order, the Scllcr hereby assigns to the Purchaser any and all clitoris it awy now have or hc'eaf yr Freight TCms. Shipments must be F.O.H., Ciy of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antitrust pars for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given 1. prepay freight ad charge s,p..t,ty, the original freight purchased tar acquired by'the Purchaser pursuant to this purchase order, bill mast acconipoty invoice Additional charges for picking will not be accepted. 13. PURCI IASERS PERFORMANCE OF SELLERS OHLIGA'I'IONS. Shipment Distance. Where manufacture, have distributing points in %mioos pans at the country, shipment is Irthe Purchaser directs the Seller to correct aunconf rating or defective goods by a date to be agreed upon by the ccpecrd from the nearest distribution point ra destination, and v",,o freight mill be deducted from Invoice when Purchaser and the Seller, and the Seller thcrea0cr indicates its inability or unwillingness to comply, the Purchaser shipments are made front greater distance. .,nay cause the work to be performed by the nest c,palitums meat, available 10 it, ..,it the Scllcr shall pay all nrsu a.,aciafed with such mark. Pcnnis. Seller shall procure at sellcn rule cast all necessary permits, c,a ilicates and licenses required by all applicable laws, regulations, ordinances and rule' of the state, municipality, territory or political subdivision where the work is perfumed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fun Collins harmless from and against all liability and loss incurred by Il n, by reason of an asened or established violation of any such paws, agulilinns, mdimonecs, rules and requircmcnts. Authorization. All panic' to this contract agree that the rreprexentativas are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS This Purchase Order expressly limits, acceptance to the terms and conditions stated hcrcin set fond and any supplementary or additional terms; and conditions annexed hereto or incorporated hcrcin by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ify'ou cannot make complete shipment to arrive on yoa' promised delivery date as acted. Time is of the essence Delivery and pcdomemi" nmsl be effected within the time stated on the purchase order and the docun,ens attached herco. No acts of die Purchasers including, without limitation, acceptance ofpaniul Imc 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 ofplacing this order elsewhere and holding the Seller liable far damages. Howevea the Sell" shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable cannot and without its fault ofm,,Iigeac,, such acts of God, uas Ccivil or military authorities, g.,=mvnud priorities, fires, strikes, nuud, epidemics, wars or riots provided that notice of the conditions causing ouch delay is given to the Purchaser within five(5) days of the firm, when the Seller lint 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 milt. delay. 3. WARRANTY. The Scllcr wmrants that all goods, articles, materials and work emrrm by this order will conform with applicable drawings, specifications, samples andUor other descriptions given, will be fit for the purposes intended, and pedormod with the highest degree of care and competence in acco djace with accept" standards for work of a similar, noon. 'the Seller agrees I. hold the purchaser hamdess from any loss, damage or expense which the Purchaser may suffer or incur an account of the Scllers breach of warranty. The Seller shall replace, repair or make good, without cost fa the purchaser, any defects or faults arising within one (1) year or within such longer paid of time as may be prescribed by law or by the tent, of any 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 Sellee Acceptance or use of goods by the Purchaser shall nor constitute a waiver ofuny claim under this warranty. Except as othenvix provided in this purehi. order, the Sellers liability hereunder shall extend no all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss ofprofits or loss of tax. NO IMPLIED WARRANT Y OR MERCHAN'tABILI'IY Olt OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchawr mry ntake changes to legal terns by wriucn change ordee 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other Ihen legal Icros, including adobes.. to or deletions Dorn the quantities originally nd,oed in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ufpedmmaic, hcrcunder, an cyuiable adj.,oavnt shall be made. b. TERMINATIONS. The Purchaser may at any time by written change order, tanninute this agreement a e any or all portions of the goods then nor shipped, subject to any equitable udjustment between the parties as to we, work or materials then in pro". provided char the Purchaser shall nut be liable far any' taints for anticipated prints an the unrompleud portion of the goods and/or work, for incidental or consequential danmges, and that no such adjustment be made in favor of the Seller with n.,W" to any gandos' which are the Sellers slondrN sock. No such tenmin..imi shall relieve the Purchaser or die Seller of any of their obligations as to any good: delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim (tar djustracm mua be asserted within thirty (30) days Gem the date the change or termination is ordered. S. COMPLIANCE WITH LAW. the Seller warrants that all gooc, sold hereunder shape have been produced, sold, delivered and famished in ,trice compliance with all applicable laws and regulations to which the goods are subject. I lie Seller shall execute and deliver such docanens as may be rcquind to effect or evidence compliance All laws and regulation, required to be incorporated in agreements of this character ore hereby incorporated hcrcin by this reference. I lie Seller agrees to indcmmily, and hold the Purchuscr hmmless from all emus and damages suffered by the Purchaser as a result of [tic Sellers failure to comply with such law: 9. ASSIGNMENT. Neither party shall assign, omsfer, or convey this order, or any munics due or to become due hcrcunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear aid unrestricted title to the Purchaser for all equipment, materials, and items furnished in perfomtancc of this agreement, foe and clear of any and all liens, restrictions, rescnatiuns, security amen,, encumbrances and claims of others. The Seller hill release the Purchaser and its rontricmrs of any tier loom all liability and claims of any nature «cult in , firm the performance of such work. 'Phis release shut utility even in the event of fault of negligence of the party rcicuscd and shall extend to the directors, oflieets and ei,ployces ofsueh parry. The Seilcr's contractual obligations, including warranty, shall not be deenmd to be reduced, in any way, because such work is performed or caused to be pertunncd by'the Purchaser. 14. PATENTS. Whenevcr the Seiler is requ ircd to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indenmi fy and save harm toss the Purchaser from any and all clxints for in fringcmcnt by rvuon of the rue of such pmentod design, device, material or process in connection wish the contract, and shall indemnify the Pun'ehuscr for any cost, expense or damage wlucti it may be obliged to pay by reason of such imiingemen, al any tine during the prosecution or alter the completion of the work. In case said equipment, or any pan thereof m the intended use of the goods, is in such suit held to constitute infringement and the use of said cquipmenn or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to confirm, using said equipment or pans, replace the same with substantially equal but nuninliingm,; equip mcut, .,.,,Wiry it w it becomes nuniniringing. 15. INSOLVENCY. If 1111 Shccr 'hull become insolvent or bankrupt, make tan assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The detinitiuns oftcnns used or the interpretation of the agreement and the rights of alp panics hereunder shall be construed under and governed by the laws of the Slat, of C.Imado, USA. The follmving Additional Conditions apply only in cases when, the Seller is to perform work hereunder, including fire services of Scllers Reprcscnrdiec(s), on the premises of uthcrs. 17, SELLERS RESPONSIBILITY. The SCBer shall Carty on said work a1 Seller's own risk until the same is fully completed and accepted, unit shall, in ease of any accident, destruction or injury to the work and/or materials before Settees foal completion and acceptance, Complete the work a1 Seler" own expose and to the satisfaction of the Pumhaxr. When materials .,,it cquipmen, are furnished by others nor iastallaboa or action by the Seller, the Seller shall receive, unload, sore and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under flue order. 18. INSURANCE. The Seller shall, it his own expense, provide for the payment ofworkers compensation, including occupational disease benefits, to is employees employed an or in connection with life wort: covered by this purchase order, und/or to their dependents in accordance with the laws of f o, state in which hoc work is to be done The Seller ,bull ulw cony emaprehv.,w, general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limit of it least S300,0(0 fur any one pawn, $500,000 for any one accident and property damage limit Per accident of $400,000. The Seller shall likewise rcquln his aoultacon , ifany, to provide for such compensation and insurance. Howse any fthe Seller, or his cmaroelu" employes stall do any work upon the premises of uthcrs, the Scllcr shill f rni,h de Purchuscr with a cer ificec that such compensation and insurance have been provided. Such cenificons shall specify the date when such compensation and insurance hove been provided. Such certificates shall specify the dote when such conpemsallon and in "'Pin', I'tic Seller agrees that such compensation unit insurance shape be minumned until after the came work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. T'he Seller hereby x,,u uc, the entire responsibility and liability for any and all danage, loss ,, injury of any kind or nature nhatsaaver to persons or progeny caused by or resulting from tire execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser unit any or all of the Purchase" officers, agents and employees front and against any and all claim.,, pusses, danmges, charges or e.pcn„s, rvhdhcr direct or unlit ci:t. and whether to persons or property to which the Purchaser may be put or subject by rca,un of any act, union, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contract." mltcers, agens or employees. In case any suit or .[he, proceedings shall be brought against the Purchaser, or its office", agents or employees at any time on account or by reason of any act, action, neglect, .mission or default of the Seller of any of his contractors or any of is or their office", agents or employees as aforesaid, the Seller cvrcby ogre„ Io assume the del -case thereof and to defend the wme at the Scllers awn cxpatse, to pay any and all costs, darges, attorney, fees and other expenses, any .,,it all judgn,ens that may be iacuncd by or obtained against the Purchaser or any of its (it their infects, agents or employees in such suit, or other proceedings, and in cube judgment or other lien be placed upon or obtained against the property of ,he Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will m once cause the same I. be dissolved and discharged by giving bond or olhcnvise. The Seller and his contractors shall fake alp safety prve.utiuns, furnish and install all guards necessary lot the prevention of accidents, comply with all lawn and regulations with regard to safety including, but without limitation, the Occupational Safely and Hcxlth Act of I970 and all rules and regulations issued pursuant (hereto. Revised 03/1010