Loading...
HomeMy WebLinkAbout113132 POWER MOTIVE CORPORATION - PURCHASE ORDER - 9142359Fort Collins PURCHASE ORDER Date: 04/29/2014 Vendor: 113132 POWER MOTIVE CORPORATION 5000 VASQUEZ BLVD DENVER CO 80216-3029 PO Number Page 9142359 1of2 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: 04/2912014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price Rent a Sakai asphalt roller 1 LOT LS 4,207.50 Rent a Sakai asphalt roller for the Street dept. (M3508) for 1 month at $4207.50 plus $600.00 for delivery/pickup charges. Rental to begin 04/15/14. 2 Delivery and pickup 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 [:i011x4Z0 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Co;.lf ions Page 2 of 2 1. COMMERCIALDEfAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tox Exemption Cenificale of Registry 04-6000587 is registered] with the Collector of Internal Revenue, Broom, Colorado (Ref. Colorado Revised Minutes 1973, Chapter 39-26, 114 (a). Grads Returned, GOODS REJECTED due to failure m meet speci ficatlom, either when shipped or due to defects of damage th vomit, may be mounted to your for credit and are not to he replaced except upon receipt of written instmctions fican the City OfFort Collins - Instruction. GOODS are subject to he City ofFort Collins inspection an arrival. Final Acceptance. Receipt of the merchandise, sumices or equipment in response to this order con result in authorized payment on he pan of the City of Pon Collins. However, it is to be understood 1but FINAL ACCEPTANCE is dependent upon completion of sll applicable required inspection procedures. Freight Terms. Shipments most be EDD,, City of Fort Collins, 700 Wood St, Fan Collim, CO 80522. unless otherwise specified on this order. Upermission is given to prepay freight and charge separately, the original freight bill most accompany income. Additional charges fat packing will not be acmpted. Shipment Distance. Where manufntumrs have distributing points in various Pans of the country, shipment is expected from the nearest distribution palm as destitution, and eat freight will be, deducad from Invoice when shipments are made from greater distance. Permiss, Seller shall procure at sellers sole cost all amusan. permits, certi0cates and licenses capired by all trill icable laws, regulations, aohnmcm road rules of the state, municipality, territory or political subdivision where the work w performed, or required by :my other duly constituted public authority having jurisdiction over the work of vendor. Seller fimher agrees to hot,] the City of Fort Collins harmless from and against all liability and loss recurred by them by rectum of m auened or established violation of any such laws, regulations, ordinances, rules and requirements. Audio mmon All parties to this contact agave that do, reyouranntiva are, in fact hore fide and possess full and complme authority to bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance or Be lean and conditions unrest herein in forth and any supplementary, or additional teams and conditions annexed hero or incorporated herein by refarence. Any additional or different erms and conditions proposed by seller art objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately try.. carrot make complete shipment In arrive on your promised delivery date m noted Time is of the essence. Delivery and pec[otmvme most be efferad within the time smted on the rums au order and the documents attached hereto. No acts of she Purchasers including, without limitation, aceepnma cf partial late deliveries, shall opertc as a waiver of this Provision. In the event ofany, delay, the Purchaser shall have, in addition W oche, legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable fir damages. However, the Seller shall out be liable fat damages as a result of delays due to causes not reasonably foreseeable which art beyond its rtawtuble control and without its fault ofnegligence, such cots of God scn of civil or military authorities, governmental priorities, fires, strikes, Rood epidemics, wars or riots provided that notice of the conditions castling such delay is given to the Purchaser within five (5) days of the time when the Seller Ent received knowledge thereof In the cv at of any such delay, the data of delivery shall be extended for the period equal to the time actually lost by reason of he delay. 3. WARRANTY. The Seller woman that all goods, articles, umleriah and work covered by this miler will conform with applicable drawings, speeifications, samples mdlor other descriptions given, will he fit for the proposes intended, card perfomd with the highest degree of care and competence in acwNanee with settptcd standard far work of a imilar nature. The Seller agrees to hold he purchaser bamless from any kes, damuge or expense which the Purchaser may suffer or incur on account arrive Sellers breach of aramnty. The Seller shall replace, repair or make goad, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the d to of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), minting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of gods by the Purchaser shall not candidate a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately roused by the breach of my of the foregoing warrant" or guarantres, but such liability shall in no event include loss of profs 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 to legal noun by written change ooer. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to he terms, other than legal terns, including additions to or deletions from the quantities originally ordered in the spimif Lions or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperformartce hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may a1 any rime by wrimm change order, terminate Nis agreement u ,o any or all random of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that he Purchaser shall not be liable for my claims for anticipated profits on he uncompleted portion of the good and/or work, for incidental or consequential damages, and that no such adjustment he made in fmv, of the Seller with respect a any good which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any ofthei, obligations m to any goods delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjmment must be asserted within thin, (30) days from the date the change or mrmimtion is ordered 8. COMPLIANCE WITH LA W. The Seller w.ax Our all goods sold hereunder shall have berm produced said, delivered it famished in undo compliance with all applicable laws run,] regulmimns 1. which the good me subject The Seller shill execute and deliver such documents as may be re.lufnd to effect or evidence compliance. All laws and regulmom required to be moryorated in agreements of this character we hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser honnle» from all casts and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither petty shall assign, lncifer, Or worry this order, or any navvies due or ro become due hereunder without the Prior wnum comcnt .1-the whetparty. 10. TITLE. The Seller warrants full, clear and unrestricted rife in the Purchaser for all equipment, materials, and items famished in perfomtance of this agreement, face and clear of any and all liens, restrictions, reservations, secunty interest encumbrances and claims of others. I I. NON WAIVER. Failure of che Purchaser to insist upon strict performance of the terms and conditions hereof, failure m delay to exercise any rights or remedies provided herein or by Law, failure to promptly notify the Seller in he event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not releae 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 permrmantt hereof or any of its rights or remedies ss to any such goods, rtgmdless of when shipped, mecivd or acceptwl, as m any prior or subsequent default hereunder, nut shall any psuyonnd am[ modification or rescission of this purchase order by the Purchaser opcate as a waiver of my of file arms h.f. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purehaun recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact home by the Purchaser. Theretofore, for good cause and a consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust Ines for such overcharges relating a the particular goads or services purchased or acquired by the Pumhaer pursnant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. lfthe Purchaser directs the Seller to correct nonconforming or defective good by a date to lies agrerd aeon by the Po¢hasa and On, Sure,, and this, Seller thereafter, indicates its inability or unwillingnru to comply, the Purchaser may ores, the work to be performed by the most expeditious means available W it, and the Seller shall pay all costs assaciatN with such work. The Seller shall release the Purchaser and its contractors of any rier from all liability and claims of any ..rare resulting from the performance of such work. This release shall apply even in the went of fault of negligence of the party released and shall extend to the directors, officers and employees ofsuch parry. The Sellers contractual obligations, including commonly, shall not W deemed to he reduced. in any way, because such work is performed or caused to be performed by the Purchaser. IC PATENTS. Whenever she Seller is «quirrd 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 patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost expense or damage which it may be obliged 10 pay by reawn of such admngemenr at any time during the prosewtion or after the completion of the work. In case said equipment or any pan factor or the Intended use of the good, is in such suit held w cotntuare Infringement and the ase of said equipment or pan is enjoined, the Seller shall, at its own expanse and at in option, either procure for the Purchaser the right to continue using said equipment or gouts, replace mire same with subsnutially ry.I bur roninfnging equipment, or modify it so it becomes noninfringmg. 15. INSOLVENCY. If the Seller shall brcome insolvent or bra kmpt make au assignment for the benefit of creditors, appoint a receiver or trst uee for any of the Sellers progeny or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The defnnnion, oi.e. used m the motprention ofllte agreement and the rights wf all parties hereunder shall be construed under and govconed by doe laws of the Sum ofCelarddo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services; nfSellears Represanntivefs), on th<pamises ofochers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Setters own risk until the same is fully completed and accepted, and shall, in e of any accident, deswdi. as, injury, to the work andor materials before Seller's final completion and acceptance, complete the work at Sellers can expense and to the satisfaction of the Purchaser. When materials and equipment are fumishd by others for insulation or erection by the Seller. the Seller shelf receive, unload, score read handle same at the site and become, mponsible therefor as though such nnstriah nndlor equipment acre being famished by the Seller order the order. IS. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupmiowl 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 the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but net limited to, contractual and automobile public liability issuance with bodily injury and death limits of in less, S300000 for any one person, 5500,000 for any one accident and property damage limit Pet accident of 5400,I14)0. The Sc11er shall likewise require his connectors, if any, to pmvide for such compensation and insurance_ Bef any of the Sellers in his contactors employees shall do any work upon the premiss of other the Seller shall famish the Pumhmer with a cenifiate chat such compensation and insurance have been provided. Such mrdficum, shall specify we date when such compensation and imurmce have been provided. Such ecnificates shall specify the date when such compensation and insurance expires. The Seller agrees drat such compensation and irssmnce shall he maintained and once the entire work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or awturc whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this ptuclaase oMe, o, in wmuniwn herewith. The Seller will indemnify and hold hamdess the Purchaser and any m all of the Enrichment .Keen, agents and employers fnm and against any arul it claims, losses, damages. charges in expenses, whether direct or indirect nod whethm to persons m pungency to which the Purchaser, may he put or subjecl by reason of my act action, neglect, omission or default on file part of she Seller, any of his contractors, or any of the Sellers or contractors o?ceck agents or =Ployecs. In case any suit or other proceedings shall ho brought against me Purchaser, or its officers, ngenss or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers can expense, to coy any and all costs, charges, atmancys fees and other expenses, any and all judgments that trey be mcumd by or chained against the Purchaser or any of its or their Officers, agents or employees in such suits m other proceedings, and in case judgment in other lien be placed upon or obniad against the properry of the Purchaser. in said parties in or us a result of such suits in offer proceedings, the Seller will a1 once cause the mare to he dwohN and discharged by giving bond or olhecwiu. The Seller sold his contractors shall take all safety pmcautiom, famish and install of guards necessary for the prevention of accidents, comply wish all laws and regulations with regard an safety building. but without limiatim, the Occupational Safety and Health Act of 1990 and all roles and oegotlatimn issued pursuant thereto. Revised 03a(HO