HomeMy WebLinkAbout535143 BRUCKNER'S - PURCHASE ORDER - 9141455Fort Collins
Date: 03/07/2014
Vendor: 535143
BRUCKNER'S
4850 VASQUEZ BLVD
DENVER CO 80216
PURCHASE ORDER
PO Number Page
9141455 1of3
This number must appear
on all invoices, packing
sli s and labels.
Ship To: OPERATIONS SERVICES
CITY OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS CO 80521
Delivery Date: 03/07/2014 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Rent WET Kit tractor 1 LOT LS 3,791.67
rent to begin week of March 10th
to continue for est. one month
Department: M1776 Resource Recovery
Drake WRF
Ref. quote dated 1/29/14 and 2/27/14
contact: Jason Graham
2 Environmental fee 1 LOT LS 81.25
3 Colorado rental surcharge 1 LOT LS 40.00
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:purchasingaQfcgov.com
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
City of
Fo_rt Collins
PURCHASE ORDERPO 9141455 Page
141455 2 of 3
This number must appear
on all invoices, packing
slips and labels.
Line Description Ordered UOM Unit Price Price
A Physical damage/liability ins 1 LOT LS 1,971.68
s Per mile and per engine hours
estimate
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@fogov.com
1 LOT LS 300.00
Total
Invoice Address:
1
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 3 of 3
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fon Collins is exempt from state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with The Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure to Mee specifications, either when shipped or due to deft s of
damage in trensjt troy he retuned to you far credit led arc not r be, replaced except upon receipt Of writers
instructions form the City of Too Collins.
Inspection. GOODS am major, or the City of Too Collins inspatim on mer val.
Final Acceptance. Receiph of the mc.h di., services or equipmem in response to Nis Order can taint in
authorized payment on are part of the City of Fort Collins. However, it is in be u mtond that FINAL
ACCEPTANCE is dependent upon completion ofall applicable ire uired inspection procedures.
Freight Terms. Shipments must be EO.D., City of Fon Collins, ]Oo Wool St., Fair Collins, CO 80522, —less
otherwise specified oa this offer. If permission is given to prep y bought and charge separri The origical freight
hill most acro nv invoice. Additional ebarua for oackint will not be accented.
Shipment Distance. When munufactuars have Jfanbunng points in varom pits of The whatry, shipment is
expected farm the nenrn,t distribution pain To Thalmann, and excess freight will her deducted farm Imml- when
shipments are nude fault 6.,a, distnn«.
Permits. Seller shall procure at sellers sole cost all necesmry, carted, evnificzto lard liceras requited by all
applicable laws, regulations, ordinances and rates of the stale, municipality, tembry or political subdivision where
the work is performed, or required by any other July constituted public authority having pull on over the work
of vendor. Seller further agrees to hold the City of Fort Collins harmless fmm and against all liability and loss
ed by them by reason of an learned or eambb,h l violation of my such laws, regulations, ordinances, rules
incurred requirements.
Authorization All parties to this contract agree that the represntativa arc, in fact, bona file and possess full and
oarda, authority to bind said panics.
LIMITATION OF TERMS. This Purchase Oflar expressly limits acceptance to the terms and conditions aimed
herein set forth and my supplementary a, additional terms and conditions annexed herein or incorporated herein by
aferena. Any additional Or ddfects, war, and conditions proposed by mile, am objected,a and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AOEN Iimmediately if you cannon make complete shipment to arrive on your
promised delivery dale ns soled, lime is of the asaonce. Dalway and performance must be effected within the time
stated on the purchase order and the river cut, Touched herein. No sec„ of the Purchasers unfailing, without
limimti—, a-exan" of partial Inc del ivories, shall operate Its. waiver of this provision. In the event of any delay,
the Purchases shall two, in addition ro other legal and equitable rctncates, the option of placing this Maer elsewhere
and holding the Seller liable Cur J:mmge,. Ilowem, the Seller shall not be liable for dmnages ns a result ofdals,
due m causes not reasonably foreseeable which am beyond its reasonable wntml and without as fault of negligence,
such acts of6mb acts of civil or olililary mile,e ilia. governmental priorities, fires, strikes, flood, epidemics, wars or
rich, provided that half" of the ennbanner cousin, such richry is Riven to the Purchase, within five (5) days of the
time when the Seller first received knowledge thereof. In the even, of May such delay, the date of delivery chat] be
arrived for the period equal to the time etotally lost by heaven oftbe delay.
3. WARRANTY.
The Seller warrants that all good, articles, maerials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will h fit for the professes ire—d ,aid
performed with the logical degree of can and amplago in accordance with accepted sand for work of a
similar ramie. The Sella agrees to hold the purchaser harmless fmm any loss, damage or expense which the
Purchaser may sufferer incur on account of the Sellers bower of warranty. The Sella shall replace, repair or make
good, without cost o the purchaser, any defects in faults ansing within one (1) year or within such longer period of
time as may be prevented by law or by The Nam of any applicable warmaty provided by the Sella after the date of
acceptance of the good finished hereunder (acceptance nor to be unreasambly delayed), resulting from imperfect
or defective work done or =aerials fumlhed by the Seller. Acceptance or Mc of goods by drk Purchaser chap not
consulate a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder sit,[] extend To all damages proximately Mauxd by The breach of any of the foregoing.,,a
or guammces, but such liability shall in no went include loss of profits or kss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaer may make changes to legal It. by since. change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaer may make any changes to the It.. mher than legal terms, including addnimn we or relelims fmm
the quantities Originally ordered in the slareaions or drawings, by verbal or asaiten change order. If any such
change affect The amount due or the time ofprfotmance herturam, an equitable adjsmrnt shall be mark.
6. TERMINATIONS.
The Purchaser may at any time by written change oNec, terminate this agreement as to any or all portions of the
goods then not shipped, subject to any equitable adjustment between the panic a to any work or materials fen in
progress provided that the Purchaser shall not be liable Sir tiny 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 good which arc the Sellers standard stock. No such lamination shall relieve
the Purchaser or the Seller of any of their, obligations as to any pawl delivered hereunder.
T CLAIMS FOR ADJUSTMENT.
Any claim for adjustment mail he Miami] within ihfrry (30) days from the date the change or lamination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants chat OR good old hcaundar shall have been produced, sold, delivered and fumishad in strict
compliance with all applicable laws and regularinna In which the goads are subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be
ornamental in agreements of this character are hereby incorporated herein by this reference. The Seller agora to
indemnify and hold she Purchaser hanalss from ill cask and damage sutremd by the Purchaser us a Trail, of the
Sellea failure m comply with sucll law.
9. ASSIGNMENT.
Neither party shall assign, ,umber, or convey this order, or my monies due or to became due hereunder without the
prior write. ansent of the whapany.
10. TITLE.
The Seller warrants full, dca and unrestricted title to the Purchaser for all equipment, materials, and arms fi—Ished
in Performance of This agreement, free and clear of any and all lied, rsuictions, reservations, sauriry interest
encumbrances and claims of.fars.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the tetras and conditions hereof, failure or delay to
excurive any rights or remedies provided herein 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 release the Seller of
any of the warranties or obligations of this purchas, order and shall not be demand rid a waiver of any tight of the
purchaser to insist upon strict performance harmfor any of its rights or remedies as to any such goods, regardless
of when shipped, received or accepted, as to any poor or subsequent default bereuMer, nor shall any pufeortd
amp modification or rescission of this purchase offer by the Purchaer operate as a waiver of my of the tenses
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchase, nations, that in actual economic practice, o embargo resulting fault women
violations are in fact home by the Practical TheremforeforgoodMaus, and as at ukmfim for executing this
purchase order. the Seller hereby assigns to the Purchaser any add all claims it may now have or hereafter
acquired under federal or since aaeted, laws for such overcharges adding to the particular good or services
purchased or acquired by dhe Premiums, pursuant to this purchase offs.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchases direct the Sella to coned nonconforming or defective good by a dare to be agreed upon by the
Purchaser and the Seller, and the Sella Thereafter indicates its inability or unwillingness to comply, the Purchaser
May cause the work to Ix performed by the most expatiate. means available or it, and der Sella shall py all
costs associmed with such work.
The Seller shall relative are Purchaer and its contractors orally tier from all liability and claims of any nature
resulting farm the part once of such walk.
This release shall apply even in the event of fault of negligence of the carry released and shall extend r the
directors, officers and employes nfinch party.
The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or caused To Is, performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process Trivial by lane,, poem, tudemark
or copyright, the Seller shrill indemnify vad save harmless 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 mrst nmily the Produsa for any cast, expense or damage which it may he obliged or pay by reams of such
infringement at any lime during the prosecution or alter the completion of the work. In am 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
suit equipment or pan is enjoined, the Seller shop, ;it its awn expense and at its Offer, either p"re for the
Purchaser the right To continue using said equipment Or parts, replace the same with substantially equal but
nrninfringing equipment, or mndify, it so it becomes naNhfringing,
H. INSOLVENCY.
If the Sella shall become insolvent or bankmpt make an nssignmcnl for the benefit of creditors, appoint a
exerciser Or trustee for any of the Sellers property or business, this offer may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of Nutt used or The interpretation ofthe agreement and the rights of all panic hereunder shall be
mnswed and,, and governed by the laws offe Suite of Columdo, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work heseundea
including the services, officials Rrprescntarivr(s), on the premise of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellkh own ask until the same is fully completed and accep, d, and shall,
in case of my wirdenth destmmim or injury 10 the work oa&., ...Hat, before Sellers Moll completion and
arcernmon, complete the work ad SeIIMs own expense and Or the amedaction of the Provincial NTen mamrials
and equipment are fuinished by others fro inaullmion or erection by the Sella, the Sella shall receive, maoad,
score and handle same in the site and become responsible member as though such materials and/or equipment
were being fumishea by The Seller odes the order.
18. INSURANCE.
The Sells shall, at his own expense, provide for the elymem of workers compensation, including accuptio al
disease benefits, to its employers employed on or in connection with the work covered by this purchase order,
andror to their dependants in accordance with the Iaws of the stale in which The work is to W done. The Seller
shall also carry comprehensive general liability including, but not limited to, commcnal and automobile public
liability hsumnce with bodily injury and death limits of at least S300,000 for any one person, S500,000 for any
mue Oxide., and property damage limit per accident of S400,000. The Seller shall likewise acquire his
contactors, if my, to provide for such compensation and insurance. Before any of the Sellers or his contractors
employes shall do any work ups the premises of others, the Seller shall fumfab the Purchaaa with a cenificare
that such compensation and insumnce have been provided. Such certificates shall specify the date when such
compensation and insurance have been provided. Such certificate shall specify fe date when such compensation
and insurance expires. The Seller agrees that such trammmion and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROI EC'I'ION AGAINST ACCIDENT'S AND DAMAGES.
The Seller hereby assumes the entire responsfbil fly and liabillry for any and all damage, lass or injury ofmy kind
or nature whatsoever to persons or property amend by or ranging front the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
r all of the Purchasers of cers, agents and employees from and against any and it claims, lasses, damages,
charges Or expenses, wheher direct or indirect, and whether to persons or property to which the Purchaser may
No put or subject by reason of any act, action, neglact omisfon or default on the pan of the Seller, any of his
contractors, or any of the Sellers or mniracmrs appears, an in employees. In raw any Mail or other
proceedings shall be brought against the Purdhera, or its, officers, agents o, employees at any time on account or
by ream of any act, action, neglect, omission or default if The Seller of any of ]its contractors or any of its or
their officers, agents or employees as aforesaid, The Seller bandy agrees to assume the defense thereof vnd to
defend the same at the Sellers own expanse, to pay any and all costs, charges, waramys fee, and case, expenses,
any and all judgment but may be incurred by or obtained .,.just the Purchase, or any of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon err
obained against he property of the Purchaser, or said panfes in or as a rein, of such suit or other pmeeNing ,
the Seller will at once cause the same or be dissolved and discharged by giving band ar otherwise. The Seller and
his contractors shall take all safely precautions, fumish and install all guard Treasury for the prevention of
ccidenl, comply with all laws and regulations with regaff to safety including, but with.., burr m m, the
Occupational Safety and Health Act of 1970 and all cola and regulations issued pursuant Thereto.
Revised 03G010