HomeMy WebLinkAbout102817 MACDONALD EQUIPMENT COMPANY - PURCHASE ORDER - 9122282City of PURCHASE
Collins
ORDER PO Number Page
9122282 1 of 3
This number must appear
1 ,
on all invoices, packing
'11�`t
slips and labels.
Date: 04/20/2012
Vendor: 102817 Ship
To: STREETS DEPARTMENT
MACDONALD EQUIPMENT COMPANY
CITY OF FORT COLLINS
PO BOX 1865
625 NINTH STREET
COMMERCE CITY Colorado 80037-1865
FORT COLLINS Colorado 80524
Delivery Date: 04/20/2012 Buyer: JAMES HUME
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Truck equipment 1 LOT LS 79,215.00
per quote dated 3-27-12
Attn: Joe Owens
Dept: Streets
Options:
- Freedom ATS
- 4-station coupling system
- cab shield mounted strobe lights
- plastic fenders
- toolbox
Equipment installation should generally conform to that of City units 22022 & 22032.
Additional specification details are listed below:
- Air and electric to back of cab and back of frame for tubs.
- Coiled air and electric connections back of cab for " no touch" dumping.
- Brigade Electronics backup alarm: SA-BBS-97 bbs-tek@ WhiteSound Self -Adjusting Back -Up Alarm Heavy
Duty
- Folding spray bar with ten .060 nozzles on stainless down bar; 2 each .060 and .030 on outside lane bars.
Quick release nozzles manufactured by Dultmeier.
- 3" Tank outlet reduces to 2" to pump; 3" to load height of 30" using Banjo ball valve quick connect.
- Rear floodlights (one each side) to be Grote Trilliant Mini LED Whitelight work lamps #63611 powered through
Certified Power controller.
- Material level site tube on rear of tank.
- Pre -build consult.
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 $79,215.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
PURCHASE ORDER PO Number Page
City ofCollins
�� 9122282 2 of 3
C6rt Gol f ns This number must appear
//_r,►,`�--J`_' ` ` on all invoices, packing
slips and labels.
U
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
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terns and Conditions
Page 3 of 3
1. COMMERCIAL DETAILS.
Tax excmpliuns. By statute it,, City of For Collins is exempt from store and local taxes. Our ['.,,,pit r Number is it NON WAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Reeistry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performane of the terms and conditions heref, failure or delay to
Intcrtul Rcwenuc, Denvcq Colamdo (RcL Colorado Revised Statutes 1973, Chapter 39-?(, 114 (a). exercise utry rights or re ... chits p... idcd herein or by law, failure go promptly notify the Seller in the cvcm of u
bnuch, the acceptance of or payment for goods hereunder or approval of [tic design, ArilI not neleasc the Seller of
Goods Rejected. GOODS REJECTED due ,o failure to meet specifications, either when shipped or due to delecu 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. may be returned to you for credit and are not to be replaced except upon receipt of writer Purchaser to insist upon strict per'unnurec hereof or uny of its rights or remedies as to any such goods, regardless
instructions Bong the City at Fun Collins of when shipped, received or acecpled, as to any prior or subsequent default hereunder, Our shall any purported
and maditicalion or rescission .1 this purchase order by the Purchaser operate as a waiver to any ofthe tcom
Inspection. GOODS arc subject to the Cay of Fon Collins inspection un antral. hereof:
Final Acceptance. Receipt of the inc¢haudisc, services or equipment in response to this order can result in 12, ASSIGNMBN'TOF AN"I'I FRUSTCLAIMS.
authorized payment on the pan of the City of Fun Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resul ing from antitrust
ACCEPTANCE is ciTendentupon cumpletion of all applicable required inspection procedures. violations arc in fact borne by Ire Purchaser. Theretofore, for good cansc and us consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it gray now have or hereafter
Freight Toms. Shipments must be F.O.B., City of For Collins, 700 Wood St., To" Collins, CO 80522. unless acquired under fedcr I or state anlitmst Imes fort such overcharges relating to the particular goods or services
otherwise specitied on this order. If pcmtis,iun is given to prepay freight and charge separately, the original freight purchased orzequired by the Purchaser pursuant to this purchase order.
bill must accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance Where manulaclu en have distributing points in various parts of the county, shipmmid is If the Purchaser ducts the Seller to correct nuncoNonning or defective goods by a date to be agreed upon by the
expected from dte nearest distribufiim point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller dw,v. iar indicates is inability or unwillingness to comply, the Purchaser
shipments are grad, from greater distance nay cause the work I. be pvnormcd by the must expeditious ma•:us available to it, and the Seller shall pay all
costs associated with such work.
Permits. Seller shall procure ut sellers sole cost all acces,ary permits, eeniliemes and licenses required by all
applicable paws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where
the work is perfonni or required by any other duly constituted public authority having jurisdiction utcr the work
of vend.,. Seller further agrees 1. hold the City of Fon Collins harmless from and against all liability and loss
incumd by them by revs,ort of all assured or established violation ofany such laws, regulations, ordinances, rules
and rcqu ivotcns.
Authorization. All panics to this contract agree that tine reprexmmivo are, in fact, burro lids and pit ... s Pulp and
complete ulb.n y I. bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tarns slid conditions stated
herein set torn and any supplementary or additional terns and conditions annexed hereto or incorporated herein by
reference. Any Additional or ditY... it terns and emobti.ns proposed by scplerure objected to and hereby ,jcct,d.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipnicnt to arrive On your
promised delivery date as noted. Tint,. is fthe essence. Delivery and perfumance must be cllcncd within the time
stated on the purchase order and the doevgnens attached hereto. No acts of the Purchasers including, obhuut
limitation, acceptance of Te nial late deliveries, shall operate as a waiver ofthis provision. pen the event of any delay,
the Purchuscr shape have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable lot damage,. flow,%., the Seller shall nut be liable for dunnage, as a result of delays
due to causes Out reasonably foreseeable which are beyond is tenantable control and without its fault ofnogligence,
such aeu of G.d, act, of civil tar miliary authorities, govemnental priorities, fires, strikes, Toad, epidemics, wars tar
riots provided that notice of the conditions causing such delay is given to the Purchaser within live (5) days of the
,ins, when the Seller fist received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for the period equal to the Iran, actually lost by reason ofthc delay.
3. WARRANTY.
T'he Sells warnings that all goods, articles, materials and work covered by this order will currant with applicable
drawings, specifications, samples and/or rah,, descriptions given, vv ill be lit for ttic pugmmcs intended, and
performed with the high,,, degree of cure and ctnpiucrice in accordance with accepted standard, for work of a
similar nature. 'I "he Seller agrees m hold the purchaser hamdcss from anyloss, damage or expense which the
Purchaser may suffer or incur on account of The Sellers breach of warranty. T'he Seller shall replace, repair or nmkc
Saudi. without cost to the purchaser, any defects or fault, arising within one (1) year or within such larger period of
time as may be prescribed by haw' or by the crate of uny applicable waranry provided by the Seller after the dutc of
acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or def owe work done or ntueriol, furnished by Ill, Scllcr. Acceptance or use of gouds by the Purchaser shall not
constitute a "river ofuny ching under this warrody. Except as otherwise provided in this purchase order, the Sellers
liability hercu,Wer shape extend to all Luggage, proximately caused by the breach of any of 1h, 1'urcguing xamnai,s
or guarantees, but such liability shape in no event include loss ofprotis or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF IT fNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make charges to legal mans by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any change, to the Iemts, other than legal toms, including additions to or deletions tram
the quantities originally ordered in the sprcificiaimis or drawings, by verbal or written change order. If any such
change afTects the amount due or the tine of pcourmance hcrcunder, urn equitable adjustment shall be made.
b. TERMINATIONS.
'fhc Purchaser may at any time by wrinen 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 Io any work or material, then in
progress provided that the Purchaser shall not be liable for any claims for amici,arcd proTs on the uncognpleted
portion of the goods and/or work, for incidental or consequential damages, and that no such udjusuacni be made in
favor of the Seller with nspea I. any g.& which arc the Sellers aandsid sock No such temginmion ahalt relieve
the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment nest be asserted within thirty (30) days from the date the clangs or germination is
entered.
S. COMPLIANCE WITH LAW.
The Seller warrants but all goods sold hereunder shall have ben produced, sold delivered old boosted in strict
compliance with all applicable laws and regulations to which the goods are subject. I lie Seller shall execute and
deliver such documents a, may be required to efecl or evidence compliance. All paws and regidaliots required to be
incorporated in agreentenu of this elu racter are hereby incorporated herein by ibis rclhrence. The Seller agrees to
indemnify and hold the Purchaser harmless form all costs and dunagex suffered by [lie Purchaser as a result of [tic
Sellers failure to comply with such paw.
9. ASSIGNMENT.
Neither party shall as,ign, transfer, or convey this order. or any monies due or to beconm due hereunder wi ghost the
prior written consent of the other party.
10. TITLE.
The Seller warrants full, clear 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 lies, restrictions, resvrcutims, security interest
encumbrances and claims ofrnhcrs.
The Seller shall release the Pruchuscr and is controllers of any net from all liability and claims of any nature
resulting nun, the performance of ,uch work.
This release shall apply cacn in the event of fault of negligence of the party released and ahall extend 1. the
directors, officers and employees of such pony.
The Seller's contractual obligations, including wurramy, shall not be decgrcd to be reduced, in any way, because
such work is perfom,ed or caused to be performed by the Purchaser.
W. PATENT S.
Whenever the Seller is required m use any design, device, mmenal or press covered by letter, patent, tradcnerk
or copyright, ghe Seller shall indemnify and save l argnlcxs the Purchaser front any and all chains for infringement
by reason of the use of such parented design, device, material or process its connection with the contract, and
shape indemnity the Purchaser for any cost, expense or damage "Inch it may be uld ed to pay by reason ofsuch
inliingenrcut m any it,., during the prosecution or after the completion of the work. In caw said equipirea, or
any pan thereof or the intended use of the goods, is in such suit held m consulate infringerent and the use of
said equipment or part is enjoined, the Seller shall, at its o"n expense and at its option, cider procure for Ira
Purchaser the right to continue using said equipment or pans, replace Ire same with substantially equal but
nualuliinging equipgrcn, or nludify it so it becomes noninfringing.
15. INSOLVENCY.
If the Scllcr shall become ins<de,at or bankmpr, make an assignment for the benctit of creditors, appoint a
receiver or trustee for any of the Sellers prupeny, or business, this order may forthwith be canceled by the
Purchaser without liability,
Ib, GOVERNING LAW.
The de inilions of terns used or the interpretation of the agreement and thee rights ofall porgies hereunder shall be
construed under and gowned by the laws of the Shac of Columdo, USA.
dle following Additional Conditions apply only in case, wh... the Seller is to Panora work hereunder,
including the services of Sellers Represenative(s), en the premises ofoters.
17. SELLERS RESPONSIBIL11"Y.
'The Seller sla[] curry on said work I Sellers own risk until the same is fully completed and accepted, and shall,
in case.f any accident, destruction or injury to [he work and/or nmaterials heron Seller's pinup completion tad
acceptance, complete the work at Salves own expose and to the satisfaction of the Purchasing. When material,
and equip nm I arc fun,i,htd by ogres for installation or,ratan by the Seller, the Seller shall receive, unload,
store and handle same at Tire site and become responsible thcmfor as though such materials und,or equipment
were being furnished by the Seller under The order.
18. INSURANCE,
The Seller shall, at his own cxpcmc, provide for the pay .nem of workers compensation, including occupational
disease benefits, to is employ... eniployed on or in connection with the work covered by this purchase order,
and/or to their dependent, in accordance with the laws of the state in which the work is to be done. The Seller
shall also carry compreh,nsite general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of at ]oust $300,000 for any one person, $500,000 for any
one accident and property damage limit per accident of $400,000. The Seller shall likewise require his
contractors, d' any, Io provide for such esupensation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the pwniacs ofoghers, the Seller shut[ famish the Purchuscr with a C,nifroale
tom such coullwasation and insurance have been provided. Such eenilicaes shall specify the data when such
compensation and immignec have been provided. Such enilicitwx shall specify the date when such compensation
and insurance expires. The Seller agrees that such cumpeasatiun and insurance shall be meinnawd until aria the
entie work is completed and aecped.
19. PRO'I ECTION AGAI NS'r ACCIDENTS AND DAMAGES.
The Scllcr Iereby assures tire entire responsibility and liability for tray and all dram,,, poor tar injury ofuny kind
or nature vvlwsoevcr to persons or property caused by or resulting front sine execution of the work provided for in
this purchase order or is connection herewith. The Seller will indemnify and hold heads the Purchaser and any
or all of the Purchuscr .Lice., agents and employee. Tram and against any and alp duns, loses, datnag,.,
charges or expenses, whether direct or indirael, and 11,111,11 to persons .r progeny to which the Purchaser may
be put or subject by rvasw, of any act. .,Iron, neglect, emission or default on the pan of the Seller, any of his
contractors, or uny of the Sellcn or contractors officers, agents or employees, pen Case any suit or other
proaoding, shall be brought against [tic Purchaser, or is offices, agents or enlPloyces at any time on account or
by reason of any act, action, neglect, mnissiotg or default of tin, Seller of tiny of his contractors or any of is or
their office., agents or cngployces as aforesaid, the Scllet hereby agrees to assunhc the defcn,c thereof and to
Lead the o nge an the Sell,, own expense, to pay any and all costs, charge,, attorneys fees and other expenses,
any and aT judgments that limy be incurred by or obtained against the Purchaser or any of it, or their tulwels,
agents or employee, in such suits or other proceedings, and in ease judgment or other pion be placed upon or
obtained against fhc property of ,he I•urehaser, or said panics in or as a result of such suits or other proceedings,
the Seller will at once cause the sane to be dissohed and discharged by giving bond or client, ise.'fhe Seller and
[,is coal meton, slmll lake ill safety preeawims, furnish and install all guards necessary for the prccention of
accidents, comply with all Wets and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto.
Revised 03/2010