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HomeMy WebLinkAbout108939 L L JOHNSON DIST CO - PURCHASE ORDER - 9142303Fort Collins Date: 04/24/2014 Vendor: 108939 L L JOHNSON DIST CO 4700 HOLLY ST DENVER CO 80216-6410 PURCHASE ORDER PO Number Page 9142303 1of3 his number must appear on all invoices, packing sli s and labels. Ship To: FLEET SERVICES - MAIN SHOP CITY OF FORT COLLINS 835 WOOD ST FORT COLLINS CO 80521 Delivery Date: 04/24/2014 Buyer: DOUG CLAPP Note: 2014A Lease Purchase MAPO pricing replaces unit# 25226 Line Description Quantity UOM Unit Price Extended Ordered Price Toro Workman HDX-D 1 LOT EA 24,038.00 ref. quote dated 2/14/14 2 Toro Workman HDX-D 1 LOT EA 24,038.00 ref. quote dated 2/14/14 per Tim Bullard (2) Toro Workman HDX-D turf utility vehicle with a full bed, hydraulic dump capability, 2984 pound payload capacity, power steering, 70degree turning, differential lock, hig range low range transmissioin, 3rd gear supervisor lock -out, two passenger seating, and powered by 23.3 hp Kubato diesel engine. accessories - include: - core harvester adaptor kit - high Flow hydraulic kit - receiver hitch Deliver equipment and documents to: Fleet Services Shop 906 W Vine Fort Collins, CO 80521 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 9142303 2of3 This number must appear on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price Contact: Ian or Eric ph# 970-221-6613 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 Total $48,076.00 Invoice Address: 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 exemplimss. By stwum the City, Fort Collins is exempt fmm sore uM local axa, Our Exemption Number is I I. NONWAIVER. 98.WS02. Federal Excise For Exemption Cmificate of Registry 84.6000587 is regism,p, with the Collector of Failure of the Purhbaser 10 hour upon strict performance of the It. and conditions hereof, failure or delay to Internal Revenue, Denver Colorado (Ref. Colorado Revised Somtes 1973. Chapter 39-26,114 (a). exercise any rights or Comedies provided herein or by law, failure to promptly notify, the Seller in the event of a breach, the accep orwo ofor payment for goods hereunder or approval fdo, design, shall not a lease the Sella of Goods Rejected. GOODS REJECTED due to failure to men specifications, either when shipped or due to officers of uny of the wamnties or obligation of this purchase area and shall not b r deemed a waiver of any right of the damage in Cohort may be reamed to you for credit and we not to be replaced except upon rcapt or worm purehaxr to insist upon strict performance hneofor any of its rights or remedies as many such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purynned oral modification or rescission of this purchase order by the Purchaser operate ass a waiver of arty of the terns Inspection. GOODS are subject to the City of For Collin inspection on actual. hereof Fired Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. autlmrized payment oa the an of the City of Far Collins. Ifoomea it is to be undasomad that FINAL Seller and the Purchaser recognize that in usual economic practice, overcharges resulting Room antitrust nfor ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser.Twomfone good crux and Cu consideration for executing hu, purchase order the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight farms. Shipments most be F.O.B., City of Fon Collins, 700 Wood St., To. Collins, CO 80522, unless acquired under Fee l or stare without laws for such overcharges relating to the particular goods or services otherwise specified oa this ofda. If permission is given 10 prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this pmchax order. bill most mcompany invoice. Additional charges for packing will cot h accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufactures have distributing points in various laths of the country, shipment is Ifthe PmchaxrdineU the Sellerk correctsmncathown,of defective goa3 by a date on be agreed upon by the expected fmm the nearest distribution Point m dnti ation, and excess freight Will be deducted fmm Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made fmm greare, distanc, may wax the work 10 for performed by the most expeditious teems available m it, and the Seller shall pay all costs associated with such work. Pamim. Sella shall procure at sellers sole cost all theca ay permits, certificates and licence required by all applicable laws, regulations, ordinances and roles of the state, municipality, an., or political subdivision where the work is perf rmd, in required by any other duly constituted public authority having jurisdiction over the work of voodoo. Seller further agrees m hold the City of End Collins harmless from and against all liability and loss incurred by them by reason of an assured of established violation of any such laws, regulations, ordinances. roles and regnir nwhs. Authorizmiun, All parties 1r this entree, agree that the representative are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITA'I ON OF TERMS, This Purchase Order exprtssly limits acceptance to the terms and conditions stated herein set forth and any m,darr, ntery or additional mots and condition annexed hack or Inwrpommd herein by reference. Any additioml or different morn and condition proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your pmmiscd delivery dam as not Time is of the essence. Delivery had performance most be e0kded within the time stated on the purchase order and the documents attached hereto. No acts of she Purchasers including, without limitation, accepts. of,oial late d'ho.c. s, shall operate m a waiver ofthis provision. In the event of any delay, the Purchaser shall have, in addition to at,, legal and equitable remedies, the option of placing this order dvewhem and holding the Seller liable for damages. However, the Seller shall not be, liable for damages u a result of delays due to causes not reasonably foreseeable which art beyond its reasonable central and without its fault of negligence, such act' m'Gmd, is ofewil or mfliary authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riot provided that notice of the conditions causing such delay is given to the Purchaser within five (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 equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, amid", materials and work covered by this order will confirm with applicable drawings, specification, samples and/or other description given, will be fit for the purposes intended, and pnfrrmed with the highest degree of care and competence in accordance with accepted standatds for work of a similar reface The Seller agrees m hold the purchaur hmmlcss Gam any los, damage or expeme which the Pumhun may sufferer incur on account ofthe Sellers breach of wamady. The Sella shall repave, repair or make good, without cast on the purchaser, my defects or faults arising within arse (1) year or within such longer period of time as may be prescribed by law or by the corms of my applicable warranty provided by the Sella after the dam of acceptance of the goods famished hereunder promprance not to be frommombly delayed), resulting fmm imperfect or defective work done or materials humbled by the Seller. Acceptance or me of goods by use Purchnn shall not Destitute a waiver ofany claim under Nis warranty. Except ss otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing is It. or guarchma, but such liability shall in no event include loss of profits or has of fare. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tents by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to Ne terms, other than legal turps, including addition to or deletions from the quantities originally ordered in the specifications or drawing, by verbal or wormer change order. If any such change affects the amount due or the now of performance hereunder, an equitable adjustment shall M made. 6. TERMINATIONS. The Purchaser may at any time by wtinrn change with, terminate this agreement as to my or all poniorp of the goods then not shipped, subpart to my equitable adjustment between she patties as to any work or materials then in progress provided Nat tie Purchaver shall not be liable for any claims for anticipated profits on the uncompinM ,onion of the gea6s istal work, for incidental or consequerund damages, and new no such adjnmment be made in favor of the Sella with respect to my goods which am the Sellers mankind stock. No such C nnelion shall relieve the Purchaser or the Seller ofany oftheir obligations m many goods delivered hereunder. G. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mar be asserted within thirty (3q) days from the date the change or mmaimutirn is ordered. 8. COMPLIANCE WITH I LAW. The Seller warrmis that all goods xW hereunder shall have been produced, sold, delivered and frmishad in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents u may be required to effect or evidence compliance. All laws and regulation required to be ncorymmmd in agreements of this character ere laterby incorporated herein by Nis ralwace. The Seller agree 10 indemnify and hold the Purchaser himpless form all cats and damages suffered by the Purchaser Cu a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall usign, tanfet or matey this order, of my monies due ar to become due hereunder without the poor written mnem of the other party. 10. TITLE. The Sella warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished n performrace of this agreement, free and dwr of my and all Germ, resmlnlmns, reservations, security interest encumbrances and claims afoNers. The Seller shall release the Purchaser and its contmemrs of any her firm all liability and claims of my retire resulting from the performance ofioni work. This release shall apply over in the even of fmll of negligence of the parry released end shall extend k the directors, officer, and employmn of such patty. 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 be perforated by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, parent trademark or copyright, the Sella shall indemnify and msc harmless use Purchaser fmm any and all claims for infringement by reason of the use of such patented design, device, =tons[ or proof in connection with the contract, and shall indemnify the Purthnxr for my cost experts, or damage which it may be obliged to pay by Commit of such infringement at any time during the prosmmion or after the completion of the work. In cave said equipment or any pan thereof or the intended me of the goods, is in such suit held to corporate infringement and the use of said equipment or pan is enjoined, the Seller shall, at its oss-n expense and at its option, either procure for the Purchaser the right to continue using said ch uipmem or pans teplace the same with substantially altar but noninf ,mg equipment or modify it to it becomes whournmging. 15ANSOLVENCY. If the Seller shall become insolvent or bankrcpt make an assignment for the benefit of account, appoint a peceivar or mrm for any of the Sellers pmpeny or business, this order may funbwith be canceled by the Purchase,un without liability. 16. GOVERNING LAW. The definition of Cams mad or the interpretation ofthe agreement and the rights ofall panic hereunder shall be Gramoed under and gosemed by the laws of the Stain of Colorado, USA. The following Additiarul Condition apply only in crow, where the Seller is k perform wak hereunder, including the services of Sellers Represer alive(s), on she premiers mfodah. 17. SELLERS RESPONSIBILITY. The Sella shall can, an said work of Sellcr's own nak until the same is fully completed and accepted. and shall, in ax of any accident drsuunion or injury to the work mdbr mammals John, Sellers fined completion and acceptance, complete the work at Sellers own expanse and to the satisfaction of tic Pumhasn. When tmmnals and ch uipmem are famished by others for installation or erenion by the Sella, the Sella shall receive, unload, store and handle same at the no and bnome responsible therefor as though such materials andror yh ipment were being Terminal by the Speer under the order. 18. INSURANCE. Ilse 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 of me state in which the work is to be done. The Seller shall also catty comprehensive general liability including, but not limited to, contractor[ and automobile public liability insurance with bodily injury and death limits of at least S300,000 for my one prnon, S500,000 for any one accident and property damage limit per accident of 5400,000. The Seller skill likewise require his contactors, if any, to provide for such earthworm.. and inttarri Before my of the Sellers or his contractors employees shall do any work upon the premises of others, the Sella shall burnish the Purchaser with a certificate that such com,counition and inumnce have been provided. Such certificate, shall specify the date when such mm,mostimn and insurance have been Provided. Such certificates skill specify the case when such compensation and Luuance expires. The Seller agrees ohm such cmmparssmion aM inumnce shall be, maintained until a0n the write work is completed care accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby temmes the cmire responsibility and liability for any end all damage, lass or injury ofany kind or nature wharsoceer to person or property caned by or resulting fmm the execution ofthe 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 tie Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct Or indirect, and whether to persons 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 arom any suit or offer proceerlings shall be brought egwen the Purchaser or its officers, agent or employees at any time on account or by reason of any act moron, neglam, omissiun or default of the Sells of my of her comm ass or my of an or their officers, agents or employees n aforesaid, the Sella hereby agrees to assume the defies, thereof and to defend the same at the Sellers own exxpene, k pay my and all cons, charges, attorneys firms and other expense, any and all judgments Oat may be incurred by or clowned aga et the Pmcbner or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained agairpt tie property ofthe Purchaer, or said patties in in as a roan of such suits or other pmceedmgs, tha Seller will or rare catty the same m be dissolved and discharges] by giving boml or commerce. The Sella and has contractors shall eke all safety precautions, fumish and moll all gmrLs necessary for the pm'en0on of accidents, comply with all laws and egulation with regard to safety including, but without limitation, use Occupational Safety and H almh Act of 1970 and all roles and regulation issued pursumt therno. Revised 03I2010