HomeMy WebLinkAbout108927 KOIS BROTHERS EQUIPMENT - PURCHASE ORDER - 9122724City of
�,.Fo_rt Collins
Date: 05/10/2012
PURCHASE ORDER
Vendor: 108927
KOIS BROTHERS EQUIPMENT
5200 COLORADO BLVD
COMMERCE CITY Colorado 80022-3715
PO Number Page
9122724 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
Delivery Date: 05/10/2012 Buyer: JAMES HUME
Note: 2012A lease purchase
Line Description Quantity UOM Unit Price Extended
Ordered Price
Green Machine 636
Tennant rider air sweeper
per quote # 12-16-040, Attn: Craig Kerkman
Dept: Parks
Deliver unit to:
Fleet Main Shop, 835 Wood Street, Fort Collins, CO 80521
Fleet contact: 970-221-6613. Joe or Eric
Q. Oi'le;-aQ-e—
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
1 LOT EA
Total
Invoice Address:
105,854.00
F
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Tents and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Pon Collins is esenmt from state and local in,,. Our Exemption Number is
9R-MS02. Federal Excise Tax Exemption Cenifieate of Registry 94-600s1597 is registered with the Collector of
Internal Revenue, Denver. Colorado (Rcf. Colorado Revised Stamtcs 1973. Chapter 39-26. 114 a).
Goods Rejected. GOODS REJECTED due to failure to mcct specification, either when shipped or due to defects of
damage in transit, may be maimed to you for credit and am not to be replaced except upon receipt of written
instruction form the City of Fon Collins.
Inspection. GOODS arc subject to the City of Fon Collins inspection animism
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the toms and conditions hcrcnf. failure or delay to
exercise any rights or rcmcdics pmvidcd hcrcin or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance of or payment for goods hereunder or approval of the design, shall not mlco%e the Seller of
any of the wamntics or obligations of this purchase order and shall not be dccmcd a waiver array right of the
purchaser to insist upon strict perform mec, hacoforany of its rights or remedies as many such goods, regardless
of when shipped, received or accepted, as to any prior car subsequent default hereunder, nutshell any purported
meal modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
herrof.
Final Acceptance. Receipt of the merchandise, scmiccs or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fort Collins, Howcvcq it is to be understood that FINAL Seller 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 burr by the Purchase,. Theretofore, for grad cause and as consideration for executing this
purchase order. the Seiler hereby assigns to the Purchaser sly and all claims it may now, have or herea Ber
Freight Terms Shipments must be F.O.H.. City of Fun Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state solution laws for such overcharges relating to the psniculm goods ur services
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursoant to this purchase order,
bill must accompany invoice. Additional charges for packing will not he accepted.
Shipment Distance. Where manufacturer, have distributing points in various pans of the country. shipment is
expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when
shipments arc made from greater distance.
Permits. Seller shall procure at sellers sale cost all necessary permits, certificates and licenses required by all
applicable laws, regulations ordinances and mlcs of the state. municipality, territory or political subdivision where
the wank is perfumed. or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller brother agrees to hold the City of Fen Collins hemdess from and against all liability and loss
incurred by them by reason of an n exerted or established %inlation of any such laws, regulations, ordinances, rules
and requirements.
Authorisation. All parties to this contract agree that the representatives are. in fact. bona fide and possess full and
complete authority, to bind aid panics,
LIMITATION OF TERMS. This Purchase Order cxpree ly limits acceptance to the terms and conditions stated
herein set forth and any supplementary or additional terms and conditions anncscd hcrcin or incorpnmtcd herein by
reference. Any additional or different terms and conditions porposcd by seller arc objected to and hereby rejected.
2. DELIVERY,
PLEASE ADVISE PURCHASING AGENT immediately if year cannot make complete shipment to "rive on your
promised delivery date as noted. Time is of the cscnec. Delivery and performance must be effected within the time
stated on the purchase order and the documents attached before. No acts of the Purchasers including, without
limitation, acceptance ofpurtial late deliveries, shall opcmtc to 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 for damages Howv%cr, the Seller shall not be liable for damages ere a result of delays
due to causes not reasonably foreseeable which arc beyond its reasonable control and wilhmit its fault of negligence.
such acts ofGod, seta ofcivil or milinryoulhortics. governmental priorities, fires strikes, food, epidemics, wars or
riots provided that notice of the conditions musing such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knnuicdge thereof. In the event of any such delay, the date of delivery, shall be
extended for the erind equal to the time actually lost by reason ofthe delay.
3.WARRANTY.
The Seller warrants that all goods, articics, materials and work cuvcrcd by this onicr will conform with applicable
drawings, specifications samples and/fir other descriptions given, will be fit for the purposes intended, and
Performed with the highcsl degree of cam and competence in accordance 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 Scllcrs breach of svamnty. The Seller shall replace, repair or make
good, withant cast to the purchaser. any defects or faults arising within one (I) year or within such longer period of
time as may be prescribed by law or by the terms of any applicablc wamnry provided by the Seller after the date of
acceptance of the good, furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
Or defective work done or materials furnished by the Seller. Acceptance or use of grads by the Purchaser shall not
constitute a waiver firmly claim under this wwmnty. Except as othervise provided in this purchase order, the Sellers
liability hereunder shall canard to all damages praximatcly caused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include loss of profits of loss of usc. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the tams. other than legal norms, including additions to or deletions from
the quantities originally ordered in the speeilicalion or drawings, by verbal or written change order. If any such
change affects the amount due or the time of Perfomance 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 cenitable adjusrnent between the panics as to any work or materials then in
progress provided that the Purchaser shall col 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 he made in
favor of the Seiler with respect to any good.%saInch arc the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller of any of their obligations as to any goods dcl i%cred hereunder.
7. CLAIMS FOR ADJUSTMENT. '
Any claim for adjustment moat be asserted within fairly (30) days from the date the change or termination is
ordered.
R. COMPLIANCE WITH LAW.
The seller is mots that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict
compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and
deliver such documents its may be required to effect rw evidence compliance. All laws and regulations required to be
incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser hamiless From all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall asitim, transfer, or convey this order, or any monies due or to become <bre hereunder without the
prior written consent of the other parry.
10. TITLE,
The Seller wamnts full. clear sad unrestricted title to the P nchascr for all equipment, materials, and items famished
in perfomsanee of this agreement, free and clear of any and all liens, restrictions, rncremions, security interest
encumbrances and claims of mhcrs.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seiler theac0or indicates its inability or unwillingness to comply. the Purchaser
may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all
costs associated with such work.
The Seller shall release the Purchacr and its contractors of ory tier from all liability and claims of any nature
resulting from the performance nfsuch work.
This release shall apply even in the event of fruit of negligence of the party released and shall extend to the
directors. oftecrs and employees nfsuch party.
The Sellers mntractml obligations, including wamaty, shall not he dccmcd to be reduced, in any way, because
such work is performed or caused to he performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or pmccs%covered by Inter, patens, trademark
or copyright, the Scllcr shall indemnify and save harmless the Purchaser front any and oil 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 fur any cost, expense anchorage which it may be obliged to pay by reason of such
infr ngemeat at any time during the prosecution or alter the completion of the work. In case said equipment, or
any pan thereof or the intended use of the goods, is in such snit held to constitute infringement and the use of
said equipment or pun is enjoined, the Scllcr shill, at its corn expense and at its option. either procure for the
Purchaser the right to continue using said equipment or parts. replace the same with substantially equal but
noninfringine equipment or modify it so it becomes nnninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or hmtknmt, make an assignment for the benefit of creditors, appoint a
moc iver or trustee for any of the Sellers property or business, this oiler may forthwith he canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions armors used or the imcrpre"tion ofthe agreement and the rights ill panics heramder shall be
constmeA under and governed by the Imes ofthe Store ofColumdo, USA.
The following Additional Conditions apply only in cases where the seller is to perform work hereunder.
including the services of Scllcrs Rcprcsentntivc(s), on the premises ofothcrs.
17. SELLERS RESPONSIBILITY.
The Scllcr shall enm no said work al Scllcr's man 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 Scllcrs own expense and to the satisfaction of the Purchascr. When materials
and equipment are furnished by others for installation or erection by the Seller, the Seiler shall receive. unload.
store and handle same at the site and becnmc responsible therefor as though such materials and/or equipment
were being furnished by the Seller under the order.
19. INSURANCE.
The Seller shall. at his own expense, provide for the payment of workers compensation. including occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase order.
and/or to their dependents in accordance with the laws ofthe state in which the work is to be done. The Seller
shall also carry comprehensive gene"] liability including. bill not limited to. contractual and automobile public
liability insurance with bodily injury and death limit, of m least S300,000 for any one person. S500,000 for any
one accident and property damage limit per accident of S400.000. The Scllcr shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before any of the Scllcrs or his contractors
employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate
that such compensation and insurance have been pmvidcd. Such ccnificatce shall specify the date when such
compensation and insurance have been pmvidcd. Such ecnifientes shall specify the date when such compensation
and insurance spi.... The Scllcr agrccs that such compensation and insurance shall be maintained until aner the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability Forney and all damage, loss or injury ofany kind
or nature, listsoever to persons or property caused by or resulting from the execution of the work pmvidcd for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
of all of the Parohasem officers, agents and employees front and against any and all claims, losses, damages
charges or expenses, whether direct or indirect. and wbriber to Perseus or property to which the Purchaser may
be 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 he brought against the Pnrchn,aer. of its officers. agents or employees at any time on account or
by reason of any acl, action, neglect omission or default of the Seller of any of his contractors or any of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense themof end to
defend the same at the Sellcrs own expense, to pay any and all costs charges, attorneys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers.
agents or employees in such suits or other proceedings, and in ease judgment or other lien he placed upon or
obtained against the property of the Purchaser, of said Parties in or its a result of such suits or other proceedings,
the Seller mill at once cause the same to be di.ssolecd and discharged by giving bond or otherwise The Seller and
his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of
accident,. comply with all laws and regulations wish regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all odes and regulations issued Pursuant thereto.
Revised 03/2010