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HomeMy WebLinkAbout102606 4 RIVERS EQUIPMENT LLC - PURCHASE ORDER - 9142641City of F6rt Collins Date: 05/09/2014 PURCHASE ORDER Vendor: 102606 4 RIVERS EQUIPMENT LLC 1100 E CHEYENNE RD COLORADO SPRINGS CO 80905 PO Number Page 9142641 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: FLEET SERVICES - MAIN SHOP CITY OF FORT COLLINS 835 WOODST FORT COLLINS CO 80521 Delivery Date: 05/09/2014 Buyer: DOUG CLAPP Note: 2014A Lease Purchase 2014 SS Line Description Quantity UOM Unit Price Extended Ordered Price 1 2014 Tink 720 Claw with ACS Coupler Bracket reference quote dated 1/15/14 per Brett B. -Tink 720 Claw with ACS Coupler bracket -$15,475.00 -Freight -$800.00- Total = $16,275.QQ, include owner's manual 8 Maintenance/ Service manual Dept: Streets Deliver equipment and documetns to: Fleet Services Shop 906 W. Vine Fort Collins, CO 80521 Contact: Ian or Eric 970-221-6613 24 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:purchasingQfcgov.com 1 LOT EA 16,275.00 -- Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIALDETA11S. Tax exemptions. By statute fire City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-64502. Federal Excise Tax Exemption Cenificme of Registry B4.6000589 is registered with the Collector of Internal Revenue, Drover, Colorado (Ref Colorado Revised Smruter 1973, Chapter 39-26, 114 (a). Goods Rejected, GOODS REJECTED due in fanlum in meet specifications, either when shipped or doe to defects of damage in wmit, may be occurred to you for credit and art not or be replaced except upon receipt of wither inswctions fmm f City of Fort Collins. Importer. GOODS am initial m the Ciry of Fun Collins inspection oa imival. 11. NONWAIVER. Failure of the Pureolasef to insist upon strict peRmm of the terms and conditions hereof, failure or delay to y rights or manage, provided herein or by law, failure to promptly notify the Sella in the event of a bxan eareh, the accept. of or paymal for goods hereunder or approval ofthe design, shall not mi. the Seller of any office warrantis or obligation of this pa ,lows, order and shall not be deemed a waiver binary right of the purchaser to real upon strict Performance harefor any often rights ormordics u to any such goods, regardless of whm shipped, received or accepted, u to any prior or subsequent default hereunder, nor shall any purported coal modification or remission of this purchase order by the Purchaser operate in, a waiver of any of the terms hereof. Final Acceptance. Rmcipt of the merchandise, scrvica or equipment in capanse or this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fan Collins. However, it is to be understood that FINAL Seller and the Purchsser recognize fact in actual economic practice, overcharges training from antioust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Therelnfote,for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tents. Shipments must be F.O.B., City of Fot Collins, 2W Wood St,, Fort Collins, CO 80522, unless acquired under federal or stale anlitmsl laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge sepa crely, 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. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipmem Distance. Where manufacturers have distributing points in various pans of the country, shipment is Ifthe Purchaser directs the Seller to coma nonconforming or defective goods by a date to be agreed upon by the expected been the nearest distribution point m desfiratim, and excess freight will be deducted from Invoice when Producer and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchuer shipments are made fmm greater distance. may cause the work to be Performed by the most expeditious matrix available to it, and the Seller shall pay all be. associned with such work. Permits. Seller shall procure at sellers sure cost all na., pewit', cenificaa berm licenses camial by all applicable laws, regulations, ordinances and acres of the state, municipality, memory or political subdivision where The Sella shill clause the Purchaser aM its convectors of any net fmm all liability end claims of any wuae the work is performed, or required by any other duly constituted public authority having jurisdiction over the work resulting From the performance of such work. of vendor. Sella funhcr agrees to hold the City of Fan Collins bawless fmm and against all liability and loss incurred by them by reof an arsenal or ambruhcd m arm violation of any such hews, regulations, dicama. acres nal and shall extend to the This mi. shall apply even in the event of fault of negligence of the pay exter nd requirements. directors, officers; cad employees ofsaeh party. Authorization. All panic to this contract agree fast the epre¢nthivcs are, in fact, bona fide and possess full and The Sellers contractual obligations, including wanroW. shell mi be demrd to be reduced, in any way, because omplem authority to bimt said parties. such work is part red or caused m be performed by the Purthaer. LIMITATION OF TERMS, This Purchase Order expressly limits nationau to the tens and conditions stated herein set forth and any supplementary or additional terns and conditions annexed hereto or imoryemted berms by reference. Any additional or different erms and conditions proposed by seller arc objected to and hereby ojectal. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery, date as acted, lime is of the awnce. Delivery and performance most be effected within the time staled on the purchase order and the docnments attached hereto. No acts of the Purchasers including, without limitation, mapance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall line, in addition to other legal and equitable remedies, the option of placing this Ord,, elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damaga as a resull of delays due to causes not reasonably foreseeable which at beyond its reasonable control and without its fault of negligence, such wor of God, act of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seiler first received knowledge thereof. In the event of any such delay, the dam of delivery shall be extended for the period equal to the time actually lost by reason riche delay. 3. WARRANTY. The Seller warrona that all good, articles, me tmals and wort: covered by this order will confirm with applicable drawings, specifications. samples maker other descriptions givens, will be fit for the purposes intended, and performed with the highest degree of acre and competence in acmrdme with accepted standard for work of a imilan one. The Seller ogees to hold the purc8aur hawler fmm any loss, damage or expanse which the Financier may mf(m or incur on account of the Sellers beach of wmmnry. The Seller shall replace, repair or make goad, without cost to the pumhown, any defects or faults ansing within one (I) year or within such longer period of time a may be pracnbrd by law or by the terms of any applicable warranty provided by the Sella after the dam of acceptance of the good fumishrd hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or ma dams famished by the Seller. Acceptance or rue of good by the Purchaser shall not maintain a waiver of any claim under this warranty. Except as otherwise provided in this purchase order the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the gumming warranties or guarantees, but such liability shall ul no event include loss of profu or less of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 6. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal now by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the temp, other than legal lama, inducing craniums, to or deletions from the quantities originally indicted in ale queifreames or tlmwerhe, by vabel or written change order. If any such change aquas the amount due or the time ofperformance hereunder, an equitable rdjnstment shall be made. &TERMINATIONS. The Porehaser may at any time by written change all combine this agreement as to any or all portions of the goods then not shipped. subject to any equitable adjustment bernon. the panics a to any work or mmmak that in Fragments provided No the pwahal shall non be liable for any claims fro anticipated Entities on the mrmmplaed ponies of the goods anal work, for incidental or consequential damaga, earl that no such Mijustmml be made in favor of the Sella with raped to any good which are the Sellers standard stock. No such mrommim shall relieve the Purchaser or the Seller Ofany of their obligations an in any good delivered bartender. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within dricy (30) days from the date the change or rumination is ordered. I. COMPLIANCE, WITH LAW. The Seller wnrmnts that all goads sold hereunder shall have been produced, sold, delivered and famished in Inner omplimer, with all applicable laws and regulations to which the goods am subject. The Seller shall execute and deliver such documents as may be required to effect ur evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this interact. The Seller agrees to indemnify and hold the Pmchsser harmless fmm all cars and damages suffered by the Purchaser as a resin, of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither Party shall assign, mansfer, or convey this order, Or any monies due or to become due hereunder without the prim women consent ofthe otherpmry. 10. TITLE. The Sella warrants full, char and untesmcal title to the Purchaser for ell equipment, matmaR. and it. fmmished in performance of this agreement. fire hand clear of any and all lira, mmnctions, reservations, smarty interest menmbrancs and claims Mothers. IT PATENTS. Whenever the Seller is required to use any design, device, material or process coveeJ by letter, parent, trademark r copyright, the Seller shall indemnify and save harmless the Purchaser from wry and all claims for infringement by reason of the use of such patented design, device, mmerial or praress in connexion will, the termed, and shall indemnify the Purcl sser lot any cost, expense or damage which it may be obliged to pay by worm of such ofringwau at any time during the prosecution or after the completion of the work. In case said equipment, or any not thereof err the intended use of he goods, is in such suit held to mmoimte infringement and ,he use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pats, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a reserver or ounce for any of the Sellers property or huntress, this order may forthwith be canceled by the Pubdown without liability. 16. GOVERNING LAW. The definition ofterans word or the nomination ofthe agreement and the rights li panic hereunder shall be conswcd under and governed by line has of the State ofColomdo, USA. The following Additional Conditions apply only in cases where the Seiler is in pert work hereunda, includingthe services o'Sellers Repearmal ivgs), on denpractisesofoncces. 12. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Sellers own risk until the same is fully completed and accepted, and shall, n case of any accident de w hion or injury to the work harbor materials before Sella's feral completion and acceptance, complete the work at Sellers awn expense and to the satisfaction of the Purchaser. When .,am[, and equipment are fmished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such ma armix and/or equipment were being fumishc l by the Sella under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including inscriptional disease benefits, to its employees employed on or in connection with the work revered by this purchase order, tanker to their dependent in accordance with the laws of the state in which the work is to be done. The Seller shall also any comprehensive erend liability including, but not limited to, contractual and automobile public liability insurance with bW dy injury and death limits of at lest I300,000 for any one person, 5500,00h for any are accident and property damage limit per accident of S400,000. The Seller shall likewise machine his contractors, if any, to provide for such compensation and moral Before my of the Sellers or his mnmetors employees shall do any work upon the premiss of others, the Sella shall famish the Purchaser with a mnifiare fiat such comparvtion and insurance have been provided Such calfcam, shall specify the dale when such compensation and insurance have been provided Such aemiftates shall specify the date whm such compensation aM insurance expires. The Seller agrees that such annomencroon and insurance shall be mainminnd until after the entire work is completed and wanted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby wool role entire responsibility and liability for any and all damage, loss or injury of any kind r nature whatsmver to persom or property caused by or resulting from the execution of the work provided for in this purchase order or in connection haewith. The Seller will indemnify and hold harmless the Purchazer and any or all of the Purchuee, Officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether drive, Or mdirca, and whether to persons or property to which the Purchaser may be put or subject by mason of any act, action, neglect, omission or default On the pan of the Sella, any of his contractors, 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 oRcen, agents Or employees at any time on account Or by reason of any act, action, logical, omission or default Of the Seller of any of his contractors Or any of its or their officers, agents or employees w aforesaid, the Sella hereby We. to anume the defense thereof and m defend the same at the Sellers own expense, to pay any and MI costs, charges, attomeys fees and Other expense; any and all judgments that may be incueN by or obtained against the National or any of is or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or Obtained against the property Of the Pmchuer, rr said ponies in in or a RSoil of such suits or other proceedings, the Sella will at cue cause the same in be dissolved and dischargrd by giving bard or Otherwise. The Seller and his conuacmrs shall take all safety pecautioa, famish and iamll all goads na., for the prevention Of accident, comply with all laws aM regulations with burned in safety including, but without Iimiwion, cM Discoloration Safer, and Health Aa of 1920 and all cola and regulations issurd pursuant duress. Revised 03R010 Total $1