HomeMy WebLinkAbout108939 L L JOHNSON DIST CO - PURCHASE ORDER - 9142302Fort Collins
Date: 04/24/2014
PURCHASE ORDER
PO Number Page
9142302 1of3
This number must appear
on all invoices, packing
sli s and labels.
Vendor: 108939 Ship To:
FLEET SERVICES - MAIN SHOP
L L JOHNSON DIST CO
CITY OF FORT COLLINS
4700 HOLLY ST
835 WOOD ST
DENVER CO 80216-6410
FORT COLLINS CO 80521
Delivery Date: 04/24/2014
Buyer:
DOUG CLAPP
Note: 2014A Lease Purchase
MAPO pricing
replace unit#
Line Description
Quantity
Ordered
UOM Unit Price
Extended
Price
1 Toro Greensmaster 3300 Triflex
1 LOT
EA
30,981.00
riding greensmower
2 Toro Greensmaster 3300 Triflex
1 LOT
EA
30,981.00
riding greensmower
ref. quote dated 12/4/13
per Tim Bullard
(2) Toro Greensmaster 3300 Triflex riding greensmower with
11-bladed cutting units, Wiehle front rollers, hydraulically
driven self steering cutting units, flip up foot rest, ROPS,
Turf Guardian hydraulic leak detection, adjustable steering
column, vented grass baskets and powered by a 21 hp V-twin
Vanguard engine
Dept: Golf - (1) Collindale and (1) Southridge
Contact: Ian or Eric
ph# 970-221-6613
Deliver eouioment and documents to:
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
Fort Collins
PURCHASE ORDER
PO Number Page
9142302 20f3
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
Fleet Services Shop
906 W Vine
Fort Collins, CO 80521
24 hours Drior to delivery "
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.wrn
Total
Invoice Address:
$61
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terrns and Conditions
Page 3 of 3
I. COMMERCIAL DETAILS.
Tax esemptiotas. By statute the City of Fan Collins is exempt from slate and local taxes. Our Exemption Number is
11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Cmifcate of Registry 84.6000587 is registered with the Collector of
Failure of the Pumbxser to insist upon strict performance of the terms and conditions hereof, failure or delay to
Inmma Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
exerciro any rights or remedies provided heroin or by law, failure to promptly ratify the Sella in the event of a
breach, the acceptance orm paymml for goods hereunder or appm.wl 0fine design, shall not rescue the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet specification, either when shipped or due to defects of
my of the warranties or obligaioro of this pump order and shall root be deemed a waiver of my right of doe
damage in namit, may be rearmed to you for credit and ate not 10 be replaced except upon receipt of written
purchamr to insist upon strict Performance hereofm any of its rights or remedies m to my such goods, regardless
instructions from the City of Fort Collins.
of when shipped, nerved or accepted, as to my Prior Or submquent default hereundes, not alull my purposed
oral modification or rescission of this purchase order by the Pmchua operate as a waiver of any of the tenor
Inspection. GOODS ert subject a the City of Fos Collins inspection on arrival.
hereof.
rult
Final Acceptance. Receipt of the merchandise, se or ipmena in response to this order ca esin
equ
12. ASSIGNMENT OF ANT 'll'RUST CLAIMS.
authorised Cox, of Fort payment oa he pan of the Cox, Foe Collins. However, it is to be understood that FINAL
Seller and me Purchaser recognize that in actual Economic practice, overcharesulting lting from m titrrot
ACCEPTANCE is dependentupan completionsfall applicablerequindl inspection pmadmes.
violations are tor fuel home bythe Purchases Theretoforfar OW cause and as consideration forexecutingthis
purchase order, the Seller hereby maigns to the Purchaser my and all claims it may now have or hereafter
Freight Terms. Shipment must he F.O B., City of Fort Collins, pan Wood Ss, Ion Collins, CO 80522, unless
acquired under federal or state antio at laws far such overcharges relating to are particular gums or services
otherwise specified on this order. Upermission is given to prepay freight and ch:irge separately, the original freight
purchased or acquired by the Purchaser pursuant to this purchase order.
bill must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where nermdxtuars have distributing points in various pans of the country, shipment is
expected font the nearest distribution point to destination, and excess freight will be deducted from Invoice when
shipments are made from greater distance.
Permit'. Seller shall procure of sellers sole cos all necessary permit, certificates and licenses required by all
applicable Incas, regulations, ordinaries and roles ofthe state, municipality, territory or political subdivision where
the work is performed, or required by any other duly corstimmd public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fort Collins Wrnless from and against all liability and loss
mounted by them by reason of an asserted or established violation of any such laws, rcgulalims, offin nces, roles
and requirements.
Amhorionion. All parties to this contract agree that the representative are, in fact, boor fade, and possess full and
complete authority to bind said parries.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the mom and conditions smaed
herein set forth and my supplementary or additional terns and mnditiom annexed hereto or incorporated herein by
refnence. Any additional or different erms and conditions proposed by seller are objected to and hereby rejected,
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to move on your
promised delivery dam m noted. Time is of the essence. Delivery and performance mot be effected within the time
stared on the purchase order and the documents attached hereto. No aces of the Purchase" including, without
limimtice, acceptance of partial late deliesties, 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 offer elsewhere
and hi the Seller liable For damages. Iloweveq the Seller shall nor be liable for damages as a result of delays
due to muses not reasonably foreseeable which are beyond its reasonable control and without its Cmlt of negligence,
such ere or God, acts of civil or mi lirery authorities, governmental priorities, fires, strikes, flood, epidemics, wars or
dots provided that notices of the conditions caroms such data, is given to the Purchaser within five (5) dmya of
time when the Seller fast received knowledge thereof, In the event of any such delay, the Elam of delivery shall be
extended for the period equal to the time actually lost by reason 0fthe delay.
3. WARRANTY.
The Seller warrants that all goods, articles, nationals and work covered by this order will conform wait applicable
drawings, specifimrimis, samples and/or other descriptions given, will be ❑t far the purposes intended, and
performed with the highest degree of care and omniscience in accordance with accepted standans for work of a
mils name. The Seller agrees to hold fe proull hamlen from say lass, damage or expense which the
PureM1.um may suffer or incur on account of the Sellers breach of wmrenly. The Seller shall replace, repairer make
good, without cost to the purchamq any defects or faults arising within one (1) year or within such longer period of
time as may be prncnbed by law or by the team ofany applicable warranty provided by the Seller after the date of
acceptance of the goods fumishcd hereunder (nccepran w sot to nd ,measurably delayed), resulting from imperfect
or defective work done or materials famished by me Seller. Acceptance or use of goods by fe Porchom shall not
otmitum a waiver of my claim under this warranty. Except not otherwise provided in this pumbam order, the Sellers
liability hereunder shall extend to all damages proximately aumd by the breach of any of the foregoing waranties
ar gmmnttts, but such liability shall in no event include loss of profits or Ins, of roe. NO IMPLIED WARRAI,FY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal toms, by writes change order.
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the tame, other than legal teams, including additions to or deletions from
the gnuntitiea originally ordered in the specifications or drawings, by verbal or written change order. If any such
change ufects the it Elmer the time of performance hereunder, an equitable adjustment shall be node.
6. TERMINAL IONS.
The Purchaser may at any time by written change order, terminate this agreement m ro any or all portions state
goods then sat shipped, subject to any eg,,liable adjustment between the parties as to any work or materials then in
progress pmvideJ that the Purchaser shall not be liable for any claims for anticipated Profits on the uncompleted
Puri.. of fe goods and/or work, for memorial or consequential tlamages, aril that no such adjustment be made in
favor of the Seller with respect to any grads which are fie Sellers standard stock. No such termination shall relieve
fie Purchaser or the Seiler of any of their obligations as in my goods delivered hereunder.
>. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most he asserted within thirty, (30) days from the date the change or termination is
ordeed.
S. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations m which the goods am subject. The Seiler ideal) execute and
deliver such documents as may be, mqulred or effect or evidence compliance. All laws and regulations reaulred m be
incorporated in agreements of this character a¢ lereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of fie
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither perry shall ensign, tracer, or convey this order, or any monies due or to become due hereunder without the
prior wr tma consent 0f the other party.
10, TITLE.
The Seller warrants full, clear and unrestricted title in the Purchaser for at I equipment materials, and items famished
in performance of this agreemem, free and clear of any and all liens, resonance, reservations, security interest
encuotbnmm and claims of others.
13. PURCI IASERS PF.RFOR MANC17 OP SELLERS OBLIGATIONS.
If the Purchase directs the Seller to correct nonconforming or defective goods by a data to be agreed upon by the
Purchaser and the Seller, and the Seller themaller indicates its inability or unwillingness to comply, the Prochssor
may cause the work to b, performed by the most expeditious means available to it, and the Seller shall pay all
casts associated with such work.
The Seller shall release the Pumhmer and its contractors of any tier from all liability and claims of any nature
mislang from the performance of such work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, officers and employees ofsuch party.
The Se11ms contractual obligations, including warranty. dull not nd deemed to sae reduced, in my way, because
such work is parfaamed or caused m be performed by floc Purcb ion,
14. PATENTS.
Whenever the Sella is rehired to use my design, device, material or process covered by letter, part, uvdemark
or copyright, ate Seller shall indemnify and save families the Purchaser from any and all claims fro infringement
by reams of the use of such parented design. device, mammal or process w commerce with fie income, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution or alter the completion of the work. In cam said ryuipmrnt or
any pas thereof or the intended use of the grads, is in such suit held to constitute infringement and the use of
said equipmem m part is enjoined, the Seller shall, at its own coca. and at its option, either private for the
Purchaser the fight to continue using said equipment or parts, replace fie same wif rob ardEElly egml bur
noninfnnging equipment, 0r modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankmpt, make an assignment for the benefit of creditors, appoint a
Extoter or wmon stee for any of the Sellers property or business, this order may forthwith be ocled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of team used or fie interpretation of the agreement and the rights of all parties hereunder shall be
consfed under and governed by the laws of the State ofColomde, USA.
The following Additionel Conditions apply only in cams where are Seller is to perform work hereunder,
including fie services ol'Selle r Rryremntative(s), on the premises of offs.
Il. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the sane is fully completed and accepted, and shall.
in cse of my accident, desnuaion or injury to the work andrr mmmnls before Senors final completion and
romptmec, complete the work at Sellers own experoe and to the satisfaction of fie Pumltamr. When materials
and equipment are f anishcd by others for imaillation or erection by the Seller, are Seller shall receive, uaaak
store and handle same at are site and become responsible theaemr as though such materials andor equipmmt
were being famished by the Seller under the offer,
I S. INSURANCE.
The Seller shall, at his own expenm, provide for the payment of workers compensation, including occupational
disease benefits, wits employees employed on or in connection with the work catered by this purchase order,
and/or to their dependents in accordance with the laws 0f fie stale in which fie work is to be done, The Seller
shall also carry comprehensive gencml liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury mod death limits of at least 5300,000 for any one person, $500,000 for any
one cadent and property damage limit per aecidem of $400,000. The Seller shall likewise require his
not ..tors, if any, to pmeme for such compensation and insurance- Before any of the Sellers or his mmossims
employees shall do any work upon the pfirms. of ethers, the Seller shlll Finnish fie Purchaser with a Emirate
that such compensation and insurance have been provided. Such our ifiraes shall specify, the rum when such
compensation and insurance have been provided Such cerrificaes shall specify the dam when such compensation
and inarmarrica expires. The Sell,, agrees that such compensation and insurance shall be maintained until after the
are work is completat and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire respomibility and liability for any and all damage, loss or injury ofany kind
or tore whatsoever to persom or progeny crowd by or resulting from me execution oftlm work provided for in
fix purchae order or in mmection herewith. The Seller will indemnify and bald harmless be Purchaser and eny
r all of the Purehvma officers, agent and employees from and against any and all claims, losses, damages,
charges or expenses wheher direct or indirect, and whether to unions or property to which the Purchaser may
m put or subject by reams of my act, action, ncglcat omission or default on are pan of the Seller, my of his
contractors, or my of fie Sellers or contmetors officers, agents or employees. In cse any suit or offer
proceedings shall be brought against the Purchaser, or its officers, agent, or employees at any time on account or
by reason of any ail, action, neglect. omission or default of fe Seller of any of his contractors or any of its or
their officers, agents or employes ss aforesaid, the Seller hereby agrees to assume the defense thereof and m
defend the same at fie Sellers own expense, to pay any and all its charges, aaomcys fees and area experses,
any and all judgments but may he insured by or mumsed agaiml the Purchaser or any of is or fair oficrn.
agents or employees in such suits or other proceedings, and in case judgment or office him be placed upon ar
obtained against the property of the Purchaser, or said parties in or as a result of such suits or offer proceedings,
the Sell,, will at once rouse the same la be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall coke all safety pmoruti.r., famish and install all guards necessary for the prevention of
accidents, comply with all laws and regulations with ar dad to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all roles end regulations ismed pmrsuant thereto.
Revised 03Y 010