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HomeMy WebLinkAbout111402 POWER EQUIPMENT COMPANY - PURCHASE ORDER - 9141357Fort Collins PURCHASE ORDER PO Number Page 9141357 1of2 This number must appear on all invoices, packing sli s and labels. Date: 03/04/2014 Vendor: 111402 Ship To: STREETS DEPARTMENT POWER EQUIPMENT COMPANY CITY OF FORT COLLINS PO BOX 28 625 NINTH STREET DENVER CO 80201-0028 FORT COLLINS CO 80524 Delivery Date: 03/04/2014 Buyer: DOUG CLAPP Note: Line Description Quantity Ordered UOM Unit Price Extended Price Chrome Ceramic Blow Bar 1 LOT LS 6,005.55 per quote D401163814 dated 1/9114 Qty 3 - MAG AB9956J $ 2,001.85 each Contact: Neal Jaspers ph# 970-221-6654 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul 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 Terms and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exempt... By samte the City of From Collins is exempt fmm able and laal ..as Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cmificate or Registry 8Fii000587 is registered with the Collector of Interest Revenue, Denver, Colorado (Ref. Colorado Revised Sesames 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due an failure to meet speci Ocatioa, either when shipped or due to defects of damage in vomit, nay be resumed to you for credit and are not to be replaced except upon receipt of written instructions from We City of Fort Collins. Inspection. GOODS ere subject m the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order an result in authorized payment on the pan of the City of Fort Collins, However, it is to be understood that FINAL ACCEPTANCE is dependent ripen completion of all applicable required inspection procedures. Freight Terms. Shipments moot be TO B., City of Fort Collins, ]Olt Wood St, Fort Collins, CO 80522, unless otherwise specified on this order. Wpermission is given to prepay freight and charge separately, the temporal freight bill .,of accampany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Fmois. Seller shall prouure at sellers sole cost all necessary permits, ani@ztes and licenses requited by all applicable lax,, regulatiom, ordinances and rules of the state, municipality, territory or political subdivision where the work is Performed, or required by any other duly coustitutd public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collie hamless from and against all liability and loss incurred by them by reason of an assumed or established violation of my such laws, regulations, oMirances, rules ramirememla. Authorivation. All panics to this contract agree that the represenbtives are, in fact, from fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated heroin set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Anyaalditional or difcian,to. and conditions proposed by sellacoo objected to and hereby jecied. 3. DELIVERY. PLEASE ADVISE PURCHASING AGENTimmediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance most be affected within the time stated on the purchase order and the documents attached hereto. No .,is of the Purchmers iretailing, without limitation, acceptance of pnnial late deliveries, shall operate us a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remdies, the option of placing this orderelsewhere and holding the Seller liable fat damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyod its rcasonab[e earned aM wrli ut its fault ofoo,f,ears. such aces official, sets of6vil or military madman es, governmental priorities, fires, strikes, flood, epidemic,, wars or riots provided that notice of the conditions causing such delay 6 given to hie Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, We date of delivery shall be extended for the Period equal to the time actually lost by reran afthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples mdeor 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 a similar nalure. The Seller agrees to hold the parchmer harmless from any loss, damage or expense which the Purchaser may stiffer or incur on account of the Sellers breach of wananly. The Seller shall replace, repair or make Road, without cost to the purchase, any defects or faults nosing within one (1) year or within such longer period of time as buy be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of ccepun ce .f the gods famished hereunder (acceptane not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials' famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to at I damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liabil in, shall in no event include loss ofpro0 x or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes bo legal hems, by wnmm change order. 5. Cl IANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the remeer,,her, Wan legal tams, including additions at m delaiors from the quantifies originally ordered in the specifications m drawings, by vertical or written change order. If any such change affects the amount due or the time of wolo mmare hereunder, an e,ritvble adjoicment shall be made. 6. TERMINATIONS. The Purchaser nay many time by written change order, terminate this agreement as to any or all portions of the goods then not shippd,.subject to any equitable adjustment between the parties as to any work or materials then in pmgreas provided that We Purchaser shall not be liable for any claims for anticipated profits on We uncompleted portion of the goods and/or work, for incidental or coaequenti,d damages, and that no such adjustment be made in favor of the Seller with respect to any goods which art the Sellers sfandaN stock. No such lermination shall relieve the Purchaser or the Seller of any of Weir obligations as to any goods delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must ha assured within thirty D(B it., from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wafans thm all goad sold heeunder stall have ban produced, sold, delivered and furnished in after compliance with all applicable laws and regulations 1. which hie gads are subpar. The Seller shall execute and deliver such documents us maybe rryuired to efect un evidence compliance. All laws and regulations r quired to be incorporated in agrcrnrents of this character are hereby Wcoryorated heam by this refamet. The Seller agreas m indemnify mW hold the Purchaser ham,less fmm all costs mad damages suHerd by the Purchaser as a result of be Sellers failure m comply with such law. 9. ASSIGNMENT. Neither party shall assign, namfe, or convey this order, or any monies due or to became due hereunder without the prior written ecnscn, of the other party. 10. TITLE, The Seller warrants full, clear and unrestricted title to the Purchaser for al I equipment materials, and items furnished in Performance of this agreement, free and der, of any and all liens, restrictions, reservations, security interest mramhrmes and claims af.thers. 11. NON WAIVER. Failure of the Purchase, to insist upon stater perm.. of the ta. end conditions hereof, failure or delay or exercise any rights or remedies provided heroin or by law, failure to promptly notify to Seller in the event of is breach, the acceptance for payment for goods hereunder or approval of,he design, shall not release the Seller of my of the warranties or obligations of this purchase order ad shall not has deemed a waiver of any right of the purchaser to insist upon strict Forbearance hereofm any of its rights or rnndies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, we shall any purported am[ modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic is practice, overcharges resulting from antitrust violations are in fact home by the Purchaser. Theretofore, for good cause said as consideration for executing this purchase cola, rite Seller hereby assigns m the Purchaser any and all claims n may now have or harsher ismorecl ureter federal or state antroust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCI IASERS PERFORMANCE: OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or detective goods by a date to be agreed upon by the Purehmm and the Seller, and the Seller theroafer indicates its liability or unwillingness to comply, the Purchaser may cama, the work to be s rfo rmi by the most expeditious means available to it ad the Seller shall pay all costs assmiated with such work. The Seller shall release the Purchaser and its contnadors of any her from all liability and claims of any above ..fit, from the performance of such work. This release shall apply even in the event of feuh of negligence of We pang relaxed and shall extend to the directors, officers, and employees of such parry. The Seller's contractual obligations, including warranty, shall not be devoted to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14, PATENTS. Whenever the Seller is require to use any design, device, material or process covered by letter, patent, trademark bycopyright, the Serer shall indemnify and save harmless the Purchaser Gem any and all claims for infnngemem rcnm,n of the rise of such misled design, device material or process in connection with the control, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofmch infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constibte infringement and the sex of said cumpmcm or pan is enjoined, the Seller sbull, at ill own tape. and at is option, either procure for the Purchaser the fight to continue using said equipment or pans, replace the same with substantially aqua) but nonolinging equipment or modify it so it bxames n.ninfibi g. 15. INSOLVENCY. If the Seller shall become mumvi o, or bankrupt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this ardor may fonhvith be canceled by the Pombee er witbom liability. 16. GOVERNING LAW. The definitiom of terns used or the interpretation ofthe agreement and the ogh,s of all patties hereunder shall be comtmed under and governed by the laws of We State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry oa said work at Seller's own risk until the same is fully completed and accepted, and shall, in se of any accident, destruction or injury to the work endear materials before Sellers final completion and acceptance, complete the work at Seller's awn expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle snare at the site and became responsible therefor as though such materials ember equipment wale being famished by the Seller ands the under. 18. INSURANCE. The Seller shall, at his own expemc, provide for the payment of workers compnssamor. including occupational disease benefits, to is employees employed on or in connection with the work covered by Wes purchase order, andrm to their dependents in accordance with the mws of We able in which the work is in be done. The Seller shall also awry comprehensive Seasonal liability including, but not limited to, commercial and mbmobde public liability borrow, with bodily injury and death limits of at least 5300.000 for my one parser, 5500,000 fat any one accident and property damage limit per accident of Siff, 0. The Seller shall likewise require his contractors, if any, to provide for such compensation and insumnee. Before any of the Sellers or his wntmdors employees shall do any work upon the premises of .,he., We Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such c'enifcata shall specify hie date when such compesation and imumnce have been provided. Such certificates shall specify the darn when such compensation and insurance expires. Ile Seller agrees that such compensation and insurance shall be maintained until afa the entire work is completed and accepted. 19. PRO'EGI ION AGAINST ACCIDENTS AND DAMAGES. The Seller hoaby assumes the emve responsibility and liability fn any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in mrmection herewith. The Seller will indemnify and hold hamdess the Purchaser and any r all of the Purchasers effects, agents and employees (more and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or propmy in which We Purchaser may be put or subject by reason of my act, action, neglect, omission or default on the pan of the Seller, any influx contractors. or my of the Sellers or contractors officers, agents or employes. In case any suit or other proceedings shall ha brought against the Purchaser, or its effects, agents or employees at my time on arowr or by reason of any act, action, neglect omission or default of the Seller of any of his contractors or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees Io assume the defense therm( and to defend the same at the Sellers own expense, to pay any and all costs. charges, anameys fees and other expense, any and ell judgments than may be incurred by or obtairod against the Purchaser or any of ds car theta aRcets, agents or employees in such suits in other pmcedings, and in case judgment or other lim be placed upon or obtained against 0te properly, of the Purchaser, or said parties in or as a result of such suits or offer proceedings, the Seller will at m a cause the same,. be dissalved and discharged by giving bond or otherwise. The Seller ad his contractors shall take all safely paramo tam, famish and team][ all gumds naessary for We prevention of accidents, comply with all laws and regulations with regard to safety including, but without [imitation, be Occuputioml Safety and health Act of 1970 and all rules and re,hitiom issued paramour theme. Revised 03Q010