HomeMy WebLinkAbout102606 4 RIVERS EQUIPMENT LLC - PURCHASE ORDER - 9141878PURCHASE ORDER PO Number Page
City. of PURCHASE
9141878 t of 2
Flirt Collins
This number must appear
,�—,J`-' ` ` 1 1�7 on all invoices, packing
sli s and labels.
Date: 04/03/2014
Vendor: 102606
4 RIVERS EQUIPMENT LLC
1100 E CHEYENNE RD
COLORADO SPRINGS CO 80905
Ship To: OPERATIONS SERVICES
CITY OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS CO 80521
Delivery Date: 04/03/2014 Buver: DOUG CLAPP
Note: ref. rental bid #7591
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Rent a JD6125M tractor
quoted 4/1/14
Rental to begin April 7, 2014 and
continue thru October.
Rental price $2450.00 per month.
Unit will be picked up and returned
city department.
M1660-Drainage and Detention
217-5282
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
1 LOT LS
Total
Invoice Address:
17.150.00
17.150.00
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 exempt from state and local taxes. Dec Exemption Number is
98-04502. Federal Excise Tax Exemption Cmificate of Registry 84-6W0587 is registered with the Collector of
]:items] Revenue, Deliver, Colorado (Bar Colorado Revised Statutes 1923, Chapter 39 26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in emrsit, may be returned to you for credit am are not to be replaced except upon receipt of women
instructions From the City of Fan Collins.
Inspection GOODS arc subject o the City of Fact Collins inspection on radical.
Food Acceptance. Receipt of the merchandise, servirea
equipment or uipment in response to this order can mull in
authorized payment on the pan of the City of Fan Collins. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight Terms. Shipments must be FAD.. City of Fort Collins, 200 Wood St, pan Collins, CO 80522, unless
otherwise specified on this other. If permission is given to prepay freight and charge wormtely, the original freight
bill most accompany brooder. Additional charges for packing will not be worried.
Shipment Distance. Wheu manufacturers have distributing points in various pans of the country, shipment is
expected from the nearest distribution Paint to datinstiory and excess freight will he dedueled from Invoice when
shipments we made from 6m er distance.
Permits. Serer shall practice at sellers sole cast all nmessarY rem O, canneries and license, required by all
applicable laws, regulations, ordinances and toles ofthee state, municipality, territory or political subdivision where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the walk
of vendor. Seller father agrees to hold the City of Tom Collins Front from and against all liabil try and loss
incurred by them by reran or an assembled or established violation of any such Inns, regulations, ordinances, rates
and requirements.
Andamicatim. All panics to this conduct agree that the representatives are, in fact, hors fide and possess full and
omplete.uthonty to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions am,ed
herein set forth and any supplementary, or additional loans and conditions annexed hereto or incorpo rom Imrein by
reforenco. A, additional or different erms and conditions proposed by seller arc objected to and hereby rcjcocd
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make amplHe shipment to arrive on your
promised delivery data to noted. Time is of the essence. Delivery and pefmmmor, must be eRected within the time
surd oa the purchase order, and the dwumms ruched here,.. No acts of the Purchasers including, arithom
limimli.n, acceptance ofp.ai.1 late deliveries, shall operate as 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 of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall Out be liable far damages as a result of delays
due to causes not assembly Foreseeable which .,a beyond its mouvble round and without its truth ofnegligmce,
such acts orGwL acts.1 civil or military authorities, governmental primnties, fires, strikes, Hood, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to the Purchaser within live (5) days of the
time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for the period allied to the time achmlly lost by reason of the delay.
3. WARRANFY.
The Sella warrants that all goods, articles, materials ad work covered by this order will conform with applicable
drawings, specifications, samples andror other desaiptiom given, will l, 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 aware. 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 Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost to the purchase, any defects or faults alising within one (1) year or within such longer paid of
time as maybe prescribed by law or by the ,a. army applicable wamwnry provided by the Seller after the data of
wcepmnce f,ha goods fumished hereunder (weeptance not to Ise rmreaarably &toyed), resulting from imperfect
or defective work done or mmmals f numbed by the Seller Aae,Wme w tau of gads by the Purchaser shall Out
consfimto a waiver of any claim under Nis wa ty. Except ss otherwise provided in this purchase order, the Sellers
liability hereander shall extend to all damages proximately caused by the breach artery of the foregoing warranties
or guarantees, but such liability shall in an event include loss of Pmfis or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchase may make changes to legal terms by wrinen change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser, may make any clamors to the terns, other Our legal Isms, including additimss to or deletions floor
the quantities originally ordered in the specifications or drawings, by verbal o written ahange order. If any such
change ,free. the smarm, doe or the time of performance hereunder, an equilablc mccom a, shall be made.
6. TERMINATIONS.
T he Purchaser may at tiny time by warren change order, terminate this agreement as to any or all potions of fee
gmds Then no, shipped, subject to any egmiuble entailment between the panics as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the goo& ardor work, for incidental or camilaemial damages, and that no such adjustment be dude in
favor of the Seller with respect to any goods which ore 0e Sellers standvol stock. No such termination shall relieve
the Purchaser or the Sella ofavy of their obligations as to any goods delivered hemorder.
T CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the date the change Or lamination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller wamwas that all goods sold hereunder shall have been produced, sold, delivered and famished in stric,
compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and
deliver such dwumats as may be required to effect in evident , compliance. All laws and regulatiomu required to be
incorporated in agreements of this character are hereby incorporated herein by this referemx. The Seller agrees to
indemnify and hold the Purchases harmless f all cases.M damages sull2rd by the Purchaser as a result of the
Sellers fortune to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, number, or convey this order, or any monies due or to become due hereunder %uncutthe
,roar wm on consent of the Other puny.
ULTITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment mamru6, wed items famishd
in pert aver of this agreement her and clew of any and all liens, warictiom, resmations, security interest
encumbrances and claims of achl
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
my lights .r remedies provided heroin or by law, failure to prom ily notify the Seller in the event of a
breach, the acceptance ofor payment for goods hereunder or approval ofhe design, shall not release the Seller of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
purchaser to insist upon strict performance hereof or any of its rights or remedies as many such goods, regardless
of when shipped, received w accepted, to to any he, w adsorption &fault bervuader, ram shall any purported
am[ modification or rescission of this purchase order by the Planchater operate as a waiver of any of the mars;
herwor
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognise that in actual economic practice, overcharges resulting from antitrust
violations r. T ore in fact home by the Purchase, for good come and as consideration for executing this
purchase aide, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter,
acquiml under federal or store antitrust I.. for such overcharges main g to the particular gow s or services
purchased or acquired by the Purchaser pursuant to this purchase cola.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser directs the Sella to award, communicating or def dive goods by a date to be, agreed upon by the
Purebaser end the Sella, and the Sella Ihereafter indicates its mobility of unwillingness to comply, the Purchase
may auu the work to be perfcrmmned by the most expeditious means available to it, and the Seller shall pay all
ash..iated with such walk.
The Seller shall release the Purchaser and its contractors of my net from all liability and claims of any nature
resuld, from the performance of loch walk.
This release shall apply even in the carat of fuel, of negligence of the pony released and shall extend to the
direcmrs, uRcere and employees of such parry.
The Sidles confival obligations, including .,y, shall not be Jeemd to be educed, in any way, because
such work is performed or caused to be Performed by the Purchaser.
14, PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by lever, patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of the use of such retorted design, device, material or process in cmme lion with the contract, and
shall indemnify the Prowl sser for any cost, expense or damage which it may be obliged to pay by reason of such
management at any time during the prosecution or after the completion of tat work. In case said equipment, or
any pan thereof or the intended use of the goads, is in such suit held to constitute infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its crew expense and at its option, either procure for the
Purchaser the right to continue using said allotment or pan, replace the same with substantially equal but
noninGnging equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an mignman for the benefit of creditors, appoint a
rearriver or tarsier, for any of the Sellers property or business, this order may forthwith be canceled by the
pra boor without liability.
16. GOVERNING LAW.
The definitions of ta. used or the interpretation of the agreement and the lights of all parties hereunder shall he
..ad under and gmarmal by the laws.fthe Store of Colorado. USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Reprcsenaativgs), oa the premises of others.
12. SELLERS RESPONSIBILITY.
The Seller shall cony on aid work at Sellers own risk until the same is fully completed and wceptd, and shall,
in eau of any accident destruction or injury to the work anNw materials before Sellers final completion and
acceptance, complete the work at Sellers awn expense and to the satisfaction of the Purchaser. When mmenals
and equipment are fumhhd by others for installation w erection by the Seller, the Seller shall receive, unload,
store and handle wine m the site and become responsible therefor ss though such materials and/or equipment
were bring fndishd by the Seller under the order.
18, INSURANCE.
The Seller shall, al his own expense, provide for the payment of workers comprication, including wormaniat d
disease bents, to its employees employed on or in connection with the work covered by this purchase order,
and/or to their depcMrnts in accordance with the laws of the slam in which the work is to he done. no Seller
shall also arty comprehensive grneml liability including, but tat limited to, moratorium and amomobile public
liability insumrnce with bdily injury and death limits of at least S300.000 for any one pmml S50QOJo for any
am accident and property diabolic 000 e limit per aide., of S400,. The Seller shall likewise require his
owasomrs, irony. to provide for such compensation and insurance. Before any of the Sellers or his commuters
employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a cenificare
that such compensation and insurance Lave been provided. Such ardif..... shall specify the data when such
compensation and insurancehave been provided. Such cenifiwtes shall specify the datewhen such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until alter the
entire work is complied and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby resources the attire responsibility and liability for any and all damage, loss or injury orally kind
or mature whosoever to Persons or property caused by or resulting from the execution of the work provided for in
this purchase oNa or in emmactiun herewith. The Seller will indemnify and hold hmmlas the Purchaser and any
cr all of the Purchasers officers, agents and employers from and against any and all claims, lasses, damages,
harges or expenses, whether direct or indirect, and whether to Persons or property to which the Purchaser may
be put or subject by ream.. of any wt action, neglect, omission or default on the pan of the Seller, any of his
contivems, or any of the Sellers or contractors Officers, agents or employees. In case any suit or other
proceedings shall be brought against the Purchase, or its officers, agents or employees at any time on account or
by reason of any not, action, neglect, omission or default of the Seller of any of his contractors or any of its or
their oDmers, agents or employees as of aid, the Seller hereby agrees to assume the defense theraf and so
defend the come a, the Sellers own esperso, to Pay any and all coves, charges, womrys f and other expenses,
any aid all judgments that may be incurred by or obtemed against Ore Purchase or any of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment or other lim be placed upon or
obtained against the property of the Purchaser, or said parties in Or as a result of such suits or other proceedings,
the Seller will at once mum the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
OccuPationsl Safety and Health Act of 1970 and all rates and regulations issued pursuant thereto.
Revised 03Q010