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HomeMy WebLinkAbout108939 L L JOHNSON DIST CO - PURCHASE ORDER - 9122498City of Fort Collins Date: 04/30/2012 Vendor: 108939 L L JOHNSON DIST CO 4700 HOLLY ST DENVER Colorado 80216-6410 PURCHASE ORDER PO Number Page 9122498 1of2 This number must appear on all invoices, packing slips and labels. Ship To: FLEET SERVICES - MAIN SHOP CITY OF FORT COLLINS 835 WOOD ST FORT COLLINS Colorado 80521 1--M..: 3o -53 - Delivery Date: 04/30/2012 Buyer: JAMES HUME Note: 2012A lease purchase 3462 replacement Line Description Quantity UOM Unit Price Extended Ordered Price I Toro 5900-D rotary mower per 3-20-12 quote and current MAPO agreement, Attn: Tim Bullard Dept: Parks Base price: $83,995 plus canopy: $ 550 Total: $84,545 Less trade-in: ($ 5,000) for unit #3462 Net: $79,545 Deliver unit to: Fleet Main Shop, 835 Wood Street, Fort Collins 970-221-6613 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 EA 79,545.00 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions By statute the City of Fort Collins is cscmpt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-0,1502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser I. insist upon strict performance ofthe terms and conditions hereof. failure or delay to Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law. failure to pmmptly notify the Seller in the event of a breach. the acceptance ofor pnyawrt for good hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications. either when shipped or due in defects of any of the wamatics or obligations of this purchase order and shall not be deemed a oniver of any right of the damage in transit, may be manned to you for credit and arc not to be replaced except upon receipt of written purchaser in insist upon strict performance hercofor any of its rights of remedies as many such goods. regardless instructions from the City of Port Collins. Of when ,shipped, received Or accepted, as to any prior or subsequent default hereunder. not shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to The City effort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, seniees or equipment in tespot¢c to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fan Collins. However. it is to be understood that FINAL Sella and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact borne by the Purchaser. Theretofore, for good cause and as consulcou can for executing this purchase order. the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tenn,. Shipments must be F.O.B., City of Fun Collins. 300 Wood St_ Fort Collins CO 80522, unless acquired under federal or state antitrust Imes for such overcharges relating to the particular goods or services Otherwise specified no this order. If permission is given to prepay (night and charge separately, the original freight purchased or acquired by the Purchascr pursuant to this pnrchasc order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacturers have distributing points in various parts of the country. shipment is Ifthe Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will he deducted from Invoice when Purchaser and the Sclleq and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made fmnr greater distance. may cause the work to be performed by the must expeditious means available 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 mles of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public aturi m r havingjansdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances. mles and requirements. Anthonzution. All panics to this contract agree that the representatives arc. in fact bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the toms and conditions stated herein set forth and any supplementary or additional Isms and conditions annexed hereto or incorpomext herein by reference Any additional ore iRcrcnt arms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on yen, promised delivery date as noted. Time is Offing essence. Dclivcry and performance most be cfifccied within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operate as a waiver of This provision. In the event of any delay. the Pmrchascr shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. HoWxvec the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its masonablc control and without its fault Mnegligence. such acts of God, acts nFci,il or military authorities governmental priorities, fires, strikes, flood, epidemics wars or riots provided that notice of the conditions causing such delay, is given to the Purchaser within fire (5) days of the time when the Setter 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 of the delay. 3. WARRANTY. The Seller warrants that all gortds. 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 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 purclu ser harmless from any loss, damage or expense which the Purchaser may suffer or incur too wsmmt of the Sellers breach of warmme. 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 law or by the terms ofany applicable wmmrity provided by the Seller after the date of acceptance ofthe goods furnished hereunder (acceptance not a be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchascr shall not constitute a waiver of anv claim tinder this wmmaty. Except as Otherwise prim idcd in III is pnrchasc order, the Sellers liability hereunder shall extend to all damages preximatcly caused by the breach of any of the foregoing wwmnum, or guarantees, but Such hand ity shall in no event include Ions of pro fits or loss of usc. NO I P Ll ED WARRANTY OR M F,RCI IA NTA BI LIT Y OR OF FITNESS FOR PURPOSE SHA LI, APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal toms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the toms. other than legal terms, including additions to or deletions from the quaranics originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the anumad due or the time of perforrmance hereunder. an equitable adjustment shall he made. 6. 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 belsseen the parties as to any work or materials then in progress pmvided that the Purchaser shall not be liable for any claims for anticipated pmfils on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller With respect to any goods .which .arc the Sellers stnnderl stock. No such termination shall relieve the Purchascr Or the Seller of any of their obligations as to any goods delivered hereunder. 7_ CLAIMS FOR ADJUSTMENT. Any claim for adjustment mast be reserved Within thirty (30) days from the date the change or termination is ordered. 9. COMPLIANCE WITH LAW. The Seller wnrmnts that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable Imes and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required in effect or evidence compliance. All laws and regulations required to be incorporated in agreement, of this character are herebv incorporated herein by this mference. The Seller agrees to indemnify and hold the Purchaser hamlet from all costs and damages suffered by the Purchascr ns a result of the, Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, many ninnies due or to become due hereunder without the prior written consent of the Other party. 10. TITLE. The Seller wnmms full, clear and unrestricted title to the Purchaser for all equipment nmtnials. and items furnished in performance of this agreement, free and clear of any and all liens, restriclions. reservations, serenity interest encumbrances and claims ofothers. The Seller shall release the Purchaser and its contractors of any tic, from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees of such party. The Seller's conmatml obligations, including wmmnty, shall not be deemed to be reduced, in any way. because such work is performed or caused to he perfennmd 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 hnmless the Purchaser from any and all claims for infringement 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 cost, cxpcm c or damage which it may be obliged to pay by reason cf such infringement at any time during the prosecution or after the completion of The work. In ease said equipment, or any part Iherenf or the intended use of the goods, is in such suit held to constRme infringement and the use of said equipment er pan is enjoined. the Seller shall, at its own expense ,ad at its Option, either procure for the Purchaser the right to continue using said equipment or pans replace the same with substantially equal but mninfringing equipment or modifi it so it becomes mnninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the bcnefn of crdium, appoint a receiver or trustee for nay of the Sellers propcny or business, this order may fOnhwith be canceled by the Purchascr without liability. 16. GOVERNING LAW. The definitions oftcrms used or the interpretalim ofthc agrecmcnl and the rights ofall panics heramder shall he construed under and governed by the laws ofthe Slate of Colomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellers Represenlative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted. and shall, in case of any accident. destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser, When materials and equipment arc fiumished by others for installation or erection by the Scllcr, the Scllcr shall receive, tmlmad. store and handle same at the site and become responsible therefor as though such nmterials and/or equipment were being furnished by the Seller under the nMer. 18. INSURANCE. The Scllcr shall. al his man expense. prow idc for the payment of workers compensation, including occupational disease benefits, to its employees empleved on or in connection with the work covered by this purchase order. anchor to their dependents 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. enntraetnnl and automobile public liability insumncc with bodily inhty and death limit, of at least 5c06.100 for any one person, S500.000 Inr any one accident and properly dmmage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insumncc Before any of the Sellers or his contractors employees shall do any wad: upon the grouses of others, the Scllcr shall famish the Purchaser with a cenificate that such compensation and insurance have been provided. Such ecniticates shall specify the date when such compensation and insomnee have been provided. Such certificates shall spicily the date when such compensation and insurance expires. The Seller agrees that such eompensenon and insurance shall be maintained until after 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 property cau,ed by or resulting from the cxcompor of the 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 oRcem. agents and employers fmnr and against any and all claims, losses, damages, charges or expenses, whether direct or indirect. and whether to persons or property to which the Purchascr may he put or subject by reason of any act. action, neglect omission or default on the pan of the Seller. any of his contractors, or any of the Sellers or contractors officers, agents or employees. In ease any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act. aclimt, neglect omission or default of the Seller of any of his contractors or any of its or their oficcrs, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers owed expense, to pay any and all costs, charges, atromcys fees and other cmpenscs. any and all judgments that may be inammd by or obtained against the Purchascr or any of its or their officers. agents or employers in such suits or other proceedings. and in case judgment or other lien be placed upon or obtained against the pmpery ofthe Purchascr, or said panics in or as a result of such suits or other pumeci ings, the Scllcr will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors slmll take all safety prccautionn, furnish and install all guards necessary for the prcvmnion of ,accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safcty, and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 0312010