HomeMy WebLinkAbout108939 L L JOHNSON DIST CO - PURCHASE ORDER - 9122499PURCHASE ORDER PO Number Page
City Of 9722499 j t of z
' `this number mu packing
` Collins�7 on all invoices, packing
slips and labels.
Date: 04/30/2012
Vendor: 108939
Ship To:
FLEET SERVICES - MAIN SHOP
L L JOHNSON DIST CO
CITY OF FORT COLLINS
4700 HOLLY ST
835 WOOD ST
DENVER Colorado 80216-6410
FORT COLLINS Colorado 80521
Delivery Date: 04/30/2012
Buyer:
JAMES HUME
Note: 2012A lease purchase
2518 & 2519 replacements
Line Description
Quantity
Ordered
UOM Unit Price
Extended
Price
2 - Toro MDE Workman
1 LOT
EA
28,064.00
per 3-21-12 quote
and current MAPO agreement, Attn: Tim Bullard
Dept: Parks
Base price: $9,994 including 4% MAPO service fee
Options:
Brush guard & bumper $ 231
Horn kit $ 38
Brake, Tail & Signal kit $ 474
Rahn Groomer attachment $3,295
Total, each: $14,032
x 2 $28,064
Deliver units 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 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:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Ordcr Terms and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11, NONWAIVER.
99-fW501 Federal Excise "fax F.,sempdon Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hercnf. Callum car delay to
Intemal Revenue. Denver. Colorado (RcE Colorado Revived Statutes 1979. Chapter 39 26. 1140). excretes, any rights car remedies provdcd herein or by Imo, failure to promptly notify the Seller in the event or,
breach, the acceptance ofor payment for goods hereunder or approval ofthe design, sboll not release the Scllcr of
Gmvk, Rejected. GOODS RFJF,CTED due m f,,ilnre to meet speei Gcations, either when shipped crane m defects of may of the namntics m obligations of this purchase order and shall not be deemed a waiver ni'my right Of the
damage in transit, may be rctumed to you for credit and arc not to be replaced except upon receipt of written purchaser in insist open strict perfomar" hercofor any of its rights or remedies as many such goods, regardless
instructions form the Cit_v of Fan Collins. of when shipped, received Or accepted, as to any prior or subsequent default hcrcuml r, nor fiall sine purported
end modification or ,escm,inn of this purchase order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hercnf
Final Acceptance. Receipt of the merchandise. services car equipment in response to this older can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
atnhorized 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 from antitrust
ACCEPTANCE is d pendent upon completion ofoll applicable required inspection proeedurcs violations are in fact borne by the Purchaser. Therefuforc, for good cause and as consideration for executing this
purchase Ostler, the Seller, hereby assigns to the Purchaser any and all claims it ntnv now have or hereafter
Freight Terms. Shipments must be F.O.H., City Of Fen Collins, 700 Wood Sr, Fen Collins, CO 90521, unless acquired order federal or state antitmst laws for such overcharges relating to the particular goods or services
otherwise specified on this order. If pemuission is given to prepay freight and charge scr mtcly, the original freight purchased cr acquired 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 manufacturers have distributing points in various pans of the country. shipment is If the Purchaser directs the Seller to coned nonconforming or dcfecti,'c goods by a date to he agreed upon by the
expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller therea0cr indicates its inability or unwillingness to comply, the Purchaser
shipments arc made fmm greater distance. may cause the work to be performed by the most expeditimn means available to it and the Seller shall pay all
costs associated with such work.
Permits. Seller shall pmearc at sellers sole cost all necessary pennies, certificates and licenses required by all
,applicable Incas, regulations, ordiar mecs and mlcs of The state, municipality, territory or political subdivision where
the work is performed. or required by any other duly constituted public amhonry having JtlasdictiOrr over the work
of vendor. Seller Gather agrees to hold the City of Fort Collins hamilcss fmm and against all liability and loss
incurred by them by rcasun of ran awned or established violation of any such laws, regulations, ordinances, mlcs
and requitement,.
Authorization. All panics to this contract agree that the representatives are. in fact, boon Fide and possess FOR and
complete amh mtv to bind said parties.
LIMITATION OF TERMS. This Purchase Order espreWy limits acceptance to the terms and conditions stated
herein set forth and any supplementary or additional Tcros and ronditions annexed hereto or incorporated herein by
reference. Any additional Or different ices and condilions proposed by seller are objected to and hereby rejcc,al.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive tut your
premised delivery date as noted. Time is ofthc essence. Delivery and performance must be effected within the time
stated on the purchase Order and the documents attached lantern. No acts of the Pureh,asers including. without
limitation, acceptance ofpnniol late deliveries, shall operate as a waiver ofthis prevision. In the event crony delay.
the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplaeing this order clscwhcrc
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays
due to eeuse, not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence,
such acts of God, acts ofeivil ar military, a n amities, governmental prionties. Gres. strikes, Bond, epidemics. wars or
riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of,hc
time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery ,hold be
extended for the period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Scllcr wamnts that all good, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended. and
performed with the highest degree of care and competence in accordance with accepted standards for work of n
similar nature. The Scllcr agrees m held the purchaser hamlet Farm any loss, damage or expense which the
Purchaser may suffer or incur on account critic Sellers breach of wamnry. The Seller shall replace. repair or make
good, without cost to the purchaser. any defects at faults prising within one (1) year or within such longer period Of
time as may be proscribed by law or by the terms of any applicable wamnry providcd 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 famished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a war iver of any claim under this warm. my. Exeepl as Otherwise pmeided in this purchase order, the Sellers
liability hereunder shall emend to all damages proximately caused by the breach of any of the foregoing wnmnties
or guarantees, but such liabilityshall in no event include Iota oflnrofits or less, of use. NO IMPLIED li'ARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAI. TERMS.
The Purchaser may make changes to legal temis 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 front
the quantities originally ordered in the specifications or do-4,s, by verbal car writer clual, node,. If any such
chance affects the amount due or the time of performance hereunder. an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by writen change order, terminate this agreement as to any or all portions of the
goods then not shipped, subject to any equitable adjustment bcnsccn the parties as to any work or materials then in
progress pmvided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the goods and/or work. for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any goods which are the Scllcrs standard stock. No such termination shall relieve
the Purchaser or the Seller of any nftheir obligations as In any goods delivered hacundcr.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days fount the date the change or termination is
ordered.
S. COMPLIANCE WITH LAW.
The Seller wamnts That all good sold hereunder shall have been produced. sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and
deliver such dMumevts ns may be required to effect or evidence compliance. All laws and rcgtdatinns required to he
incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agree, to
indemnify and hold the Purchaser hi mdess from all costs and damages suffered be the Purchaser as a result of the
Seller, failure In comply with ,inch law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey Ibis odor, many monies due or to become true hereunder without the
poor written consent of the other pony.
10. TITLE.
The Seller wam. cis full, clear and unrestricted title to the Purchasar for all equipment. mmeriak, and items famished
in Performance of this agreement free and clear of any and all liens restriction,, resena,ions, security interest
eneumhmnccs and claims of others.
The Set let shall release the I'u rchoser and its contractors of any tier from all liability and claims of any nature
resulting from the performance nfsaeh work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
dimmers. oRcers and employees ofsuch party.
The Scllcrs contractud obligations, including womanly, shall not be deemed to he reduced, in any way, because
such work is per(omcd or caused to be perforated by the Purchaser.
14. PATENTS.
Whenever the Seller is required in use any design, device, material Or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser front any and all claims for infringement
by reason of the use of such patented design, device, annelid or process in connection with the contract, and
shall indemnify the Purchaser for any cost, expense or drainage which it may be obliged to pay by reason of s ch
infringement at any time during the prosecution or after the completion of the work. In case said equipment. or
,any part thereof or the intended use of the goods, 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 pmearc for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
nnninfringing equipment, or modify it so it becomes nnninfringing.
15. INSOLVENCY.
11'the Scllcr shall beconc insolvent or hankntpt, make on assignment for the benefit of creditors, appoint a
receiver or tntstee for any of the Sellers progeny or business, this order may fnrthw ith be canceled by the
Pnrchnscr without liability.
If. GOVERNING LAW.
The definitions armors used or the interpretation offl c agreement and the rights ofall panics hereunder shall be
constmed under and governed by the Imes ofthe State of COlmado. USA.
The following Additional Conditions apply only in eases where the Seller is to perform work hereunder.
including the services of Sellers Reprcsentative(s). on the prcmiscs of others.
17. SELLERS RESPONSIBILITY,
The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall,
in case of any accident, deslmction 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 mmerials
and equipment arc famished by Others for installation ar erection by the Scll¢ the Shccr,hall receive, unload.
store and handle same at the site and become responsible therefor as though such materials and/or equipment
were being famished by the Seller under the order.
I S. INSURANCE.
The Seller shall. at his own expense. provide for the payment of workers compensation. including Occupational
disease hencOR. to its employees employed on Or in connection with the mark covcrcxl by this purchase Older.
and/or to their dependents in accordance with the Irv, of the state in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability in,uronce ,will, bodily rotary and death limit, ref rat ler,t S300.000 for any one pc —a. S500.000 for nmv
one accident and pmpcny damage limit per accident of S400,000. The Seller shall likewise mcnim his
contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do any work open the premises of mhcrs, the Seller shall furnish the Purchaser with a certificate
that such compensation and insurance have been provided. Such certificates shall specify the date when such
compensation and in ance have been provided. Such certificates shall spccifv the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until net the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby a.mnlcs the entire responsibility and liability for any and all damage. loss Or injury ofony kind
Or mane whatsoever In persons or property caused by Or resulting from the execmicn of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
or fill of the Purchasers officers, agents .and employees from and against any and all claims, losses, damages.
charges or expenses. whether direct or indirect. and whether to persons or pmpertp to which the Purchaser may
be put or ,Object by mason of any act, action. neglect, omission Or default on the pan of the Seller. any of his
contractors, or any of the Scllcrs or contractors o uent. agents or employees. In case any suit or Other
pmcccdings shall be brought again;, the Purchaser, or its oReem. agents or employees at any time on account Or
by reason of any net, action, neglect, Omission or default of the Seller of any of his contractors Or any of its or
tlwir officers, agents Or employs" is aforesaid, the Seller hereby agrees to ns,umc the defense thereof and to
defend the same at the Sellers own expense. to pay any and all cost,, charges, anmmcys fees and other expenses.
any and all judgments that may be inenncd by or obtained against the Purchaser or any of its or their officers.
agents or employees in such suits or other proceedings, and in case judgment or other For be placed upon or
obtained against the property of the Purchaser, or said panics in or as a result of such suits or other pmccedings.
the Seller will at once cause the same to be dissalvcd and discharged by giving bond arothencise. The Seller and
his cantractm, shall take all vdety, precautions, furnish and install all guards accessary, for the For... fino of
accidents, comply with all Imes and regulations with regard to safety including. but without limitation, the
Occupational Safety and hearth Act Of 1970 and all roles and regulations issued pursuant thereto.
Revised 03/2010