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HomeMy WebLinkAbout102606 COLORADO MACHINERY LLC - PURCHASE ORDER - 9122044PURCHASE ORDER PO Number Page City Of9122044 t of z FortFort Collins This number must appear on all invoices, packing slips and labels. Date: 04/10/2012 Vendor: 102606 Ship To: WATER UTILITIES COLORADO MACHINERY LLC CITY OF FORT COLLINS 125 JOHN DEERE DR 700 WOOD ST FORT COLLINS Colorado 80524-9261 FORT COLLINS Colorado 80521 Delivery Date: 04/10/2012 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price Rental equipment 1 LOT LS 6,940.00 Invoice 3-1319309 Total $6,940.00 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 Purchase Order Terns and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By stadia, the City of Fart Collins is cmmpt from state and local taxes. Our Exemption Number is IL NONWAI VER. 9841-1502. Federal Excise Tan Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist Olson strict pafnnnanee of the temw and conditions hereof. L ilure or dclav to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973. Chapter 39 26. 114 (a). exercise any rights or remedies provided herein or by late. failure to promptly notify the Seller in the event of a breach. the rccepranec nfor payment for good hereunder ar approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to Failure to meet speeifientions, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not he deemed a waiver of any right of the damage in transit, may he recorded to you for credit and am not to be repineed except upon receipt of written purchaser to insist upon strict penbmnanee hereof or any of its rights or remedies as to any such goods, regardless instinct ions from the City of Fed Collins. Of,live shipped, received ar accepted, a, to any prior or subsequent default heretmder. nor shall rov purpatted anal n.edi ftcrtma or mseis,mn of Ili is purchase order by the Purchnscr opcmte as a .river ofony of the tcnn, Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereaf. Final Acceptance. Receipt of the merchandise, services or equipment in response to this Order can result in 12. ASSIGNMENTOF ANTITRUST CLAIMS. aulhomed payment on the part of the City of Fen Collins, Ilnwever, it is to be understood that FINAL Seller mud the Purchnscr recognize thin in actual a utuanic pmetice, mcrcharges resulting front antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection pmcc ldres, violations are in foot borne by the Purchaser. Thercmfare. 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 of hereafter Freight Terms. Shipments most be F.O.H., City of Fort Collins, 700 Wood St., Fart Collins, CO 80522, unless acquired trader federal Or state antitrust taws for such nvcrchmIx., relating to the parliculnr goods or services otherwise specified on this order. If permission is given to prepay freight and charge sepantcly, the original freight purchased Or acquired by the Purchaser pursuant to this purchase Orde, bill must accompany imnice. Additional charges for packing evill not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where mannf ethers have distributing points in various parts of The canntry, shipment is If the Purchaser dirces the Seller to correct nonconforming or defective goods by a dote to he agced upon by the expected from the nearest distribution point to destination, and excess freight will be dcductcd from Invoice when Purchnscr and the Sellcr, and the Seller thctea0cr indienta its innhility or unwillingness to contpty, the Purchaser shipments are made from greater distance. may cause the wark to be performed bw the most expeditions means available to it mad the Scllcr shall pav all costs w oeiaed with such nark. Permits. Seller shall pmcurc at sellers sale cost all necessary Permits. certificates and licenses requited by all applicable laws, regulations, ordinances and roles of the state. municipality. territory or political subdivision .there the Work is perforated. or required by any other duly constituted public authority having jurisdiction over the mark of vendor. Seller further agrees to hold the Citv of Fort Collins handles fmm and against all liability and loss incurred by them by reason of for asserted or established violation of any such laws. regulations, ordinances. odes and requirement.,. Anthonzation. All panics to this earmaet agree that the represemahnec are, in fact, hung fide and possess fall and eonnp]cfe authority Io bind said parties. LIMITATION OI' TERMS. This Purchase Order expressly limits ncecptanec to the terms and conditions stated herein set forth and any supplementary or additional tents and conch l ions annexed hereto or incorporated herein by reference. Any additional or different femur and conditions proposed by seller arc ohlccicd m and hereby rejected. 2. DELIVERY. PLEASE, ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your pmmiscd dclivcry date ns noted. Time is of the essence. Delivery and performance must be effected within the time slated On the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, ncecptanee of partial late deliveries, .shall operate as a Waiver of this prevision. In the event of any delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplaeing this ardor e]sevherc and holding the Seller liable for damages. Howcvcr. 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 fault of negligence. such acts of Gad. acts ofeivil or military authorities. governmental priorities. Ores. strikes. fond, epidemics, Wars of 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 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. WARRANTY. The Seller wamnts that all goads, mucles, reaterad, and work crwcmd by this order will contend with applicable drawings. specifications, samples and/or other descriptions given, will be fit for the parposcs intended. and perforated with the highest degree of cme and competence in neconlnnce with accepted standards for work of a similar nature The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Scllcr, breach of warm, my. The Scllcr shall replace, repair or make good, without cost to the parehaser, any defects Or faults mixing Within one (1) year or within such Innger period of time as may he pmseribed by law or by the temis of any npplicablc wnrmnty providedby the Scllcr aRcr the dote of acceptance of the goods furnished hereunder (acceptance not to he nnrcasonably dclayel), resulting from imperfect or dcfcerive work done nr materials Famished by the Seller. Acceptance muse of gands by the Purchaser ,ball 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 pmsimntely canted by the breach ofanv of the foregoing wnrmaties or guarantees, but such liability shall in no event include loss of pmOts or Inss of esc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE: SILLLL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal more, by written change order, 5. CHANGES IN CONJNIERCIAL TERMS. The Purchaser may make any changes to the toms, other than legal moots, including additions to or deletions (eta the quantities Originally ordered in the specifications or da m'inga, by verbal err written change enter. If am' ,itch change affects theocratical due or the time of performance hereunder, an equitable adju tmcat shall be made. 6. TERM (NATIONS. The Purchaser may at any time by written chance order, terminate this agreement as in any or all portions of the goods then net shipped, subject to any equitable adjustment between the panics as to any work or materials then in pmgms, provided that the Purchaser shall not be liable for any claims for anticipated praft on the uncompleted random of the goods and/of mark. for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any gaud which are the Sellers xtmal rd stock. No such termination shall relieve the Purchxmr or the Seller ofany ofthcir obligations as many goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirry (30) days from the date the change or rcrminalion is ardcred. R. COMPLIANCE WITH LAW. The Seller wamnt, that all good, sold hereunder shall have been produced. sold, delivered and furnished in strict compliance with all applicable laws and regulation, to which the goods are subject. The Seller shall execute and deliver such documents as 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 Pumhrwr handless fmm all costs and damages suffered by the Parehaser as a result office Sellers failure to comply with .such him 9. ASSIGNMENT. Neither party shall assign, torn for. or car this order, or any monies due or to become due hercunda without rhe prior woften consent of the other pain. 10. TITLE. The Sal let ,,..at, fi 11, clear and unrestricted title to the Purchaser for all equipment, macrink. and items firm ished in performance of this agreement. fee and clear of any and all liens, restrictions, reservations security interest cnemtbmnccs and claims ofothcrs. The Seller shall rclense the Purchaser and its connectors of any tier front nil liability and claims crony nature resulting fmm the performance of such work. This release shall apply even in the event of fault Or negligence of the party released and shall extend to the directors, officers and employees of such party. The Seller', t odauctuat obligations, including vrmnrv, shall not be deemed to be reduced, in env any. because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Wl""evcr the Seller is required to uses. ony design, device, miners.] or proccas covered by letter. patent, trademark or copyright the Seller shall indemnify and save bmmless the Purchnscr from any and all claims for infringcmcnl by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the purchaser for any ea,t, expense err damage which it may be Obliged to pay by reason of such infringement at any time during the prosecution or alter the completion of the work. In case said equipment. a, any part thercnf or the intended use of the goods, is in such said held to constitute infringcmcnl and the use of said cquipnnent at pan is enjoined, the Seller shall, at its own expense and at its option. either Practice for the Parehnscr the right to contract, a mg said equipment or parts. replace the same with substantially equal but noninfringing equipment, or dandify it an it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent Or bankmpt, make an assignment for the benefit of creditors, appoint a receiver or trowcc for any of the SO leas property or business, this order may fanhwith he canceled by the Purchaser without linbility. Its. GOVERNING LAW. The definitions of tents used or the interpretation Of the agreement and the right ofnll panics hereunder shall he con,lmed under and governed by the laws of the Slate of Colomdn. USA. 'rhe following Additional Conditions apply only in eases where the Seller is to perform Work hcrcundcr. including the services of Sellers RcErmsentative(s), on the preniscs crochets. 17. SELLERS RESPONSI1311-I'1'Y. The Scllcr slmll carry on said walk at Scllcr', men risk craft] the same is filly eompleed and accepted. and shall, in case of ony accident rest Faction or injury to the work and/or Orderinls be] Or, Se l lc,', final completion aad acccptnnec, crauldele the work at Seller's own espcnu aid at the smisfnctian of the Purchnscr. Whca materials and equip nc t Ore banished by others for installminn or emotion by the Seller, the Seller shall receive unload, store and handle more at the site and become responsible Itmrefor as though such materials and/or equipment were Acing fumisbcd by the Seller under the order. IR, INSURANCE:, The Seller shall, at his Own expense provide for the payment of Workers compensation, including occupational disease benefit,, to its criployces employed on or in connection with the work covered by this purchase order. andfor to their dereadcnts in accordance with the laws of the state in which the work is to be done The Seller shall also carry comprehensive general liability including. but not limited to. cnmmetual and anumobile public liability iaxuranee with bodidy injury and dcalb limit of.al least S300.000 for any one person. S500.000 for any one accident and pmpeny damage limit per accident of S40110tl51). The Seller shall likewise require his contractors, crane. to provide For such compensation and insurance. ❑clem seat of the Scllcrs or his eonnacmrs employee, ,ball do any mark Open the premises of others, the Seller shall furnish the Purchaser with a ccri0ear• .let such compensation and insumna have been pmvidel. Such certificates shall specify the date when such enmpensntion and insurance have been pmvidcd. Such ect ifeates shall specify the date ,'h. such compensation and insurance expires The Seller agrees that such eomprnsatinn and insurance shall he maintained until after the entire work is completed and accepted. 19, PRO IFC'I'ION AGAINST ACCIDENTS AND DA NIAGES, The Seller herchy assumes the entire mspansibi]ity and liability for any ins! all dnnmgc. loss or injury array kind ar nature w1un,mver to persons or property canoed by or m%abing from the execution of the work provided for in this purehnyc Order or in connection herewith. The Scllcr will indemnify and hold hmcdless the f orehuset and nay or all of the Purchnscr, officem agoras and employees from and against any and all claims losses. domagc,, charges or expenses, whether direct or indirect, and ,hclher to persons or property to which the Purchaser rimy be pal or subject by reason of any act, action, neglect, Omission or default on the part of the Seller, env Of his conductors, or any of the Sellers or eontmctors oRects, agents of employees In case any suit or other pmeealings shall be brought against the Purchaser, or its Officers, agent or employees at any time On account or by reason of any act, action, neglect omission or default of the Seller of any of his contractors or any of it Or their Officers. agent, 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, otmencys fees and other expense,, any and rill judgments that may be incurred by or obtained against the Prrchmer or env of it or their officers, ,agents or employees in such suits or other proceedings, and in Case judgment or other lien be placed upon or obtained against the property of 0ac Purchaser, or said panics in or as a result ofsuch snits or other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or othemise. The Sella and his conlmctor, shrill take rill : xfet, precautions, famish and install all guard, necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including. but without limitation, the Ocmtpational Safety and I1en111, Act of 1970 and all roles and regulations issued pursuant therctn. Revised 0312010