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HomeMy WebLinkAbout537113 HENKE MANUFACTURING CORPORATION - PURCHASE ORDER - 9142642Fort Collins Date: 05/13/2014 PURCHASE ORDER Vendor: 537113 HENKE MANUFACTURING CORPORATION 3070 WILSON AVE LEAVENWORTH KS 66048 PO Number Page 9142642 1o13 This number must appear on all invoices, packing slips and labels. Ship To: FLEET SERVICES - MAIN SHOP CITY OF FORT COLLINS 835 WOOD ST FORT COLLINS CO 80521 Delivery Date: 05/09/2014 Buyer: DOUG CLAPP Note: 2014A Lease Purchase NJPA contract# 062512-HKM Line Description Quantity UOM Unit Price Extended Ordered Price 1 2014 Henke FV-12 6 Way Folding V-Plow reference quote date 10/22/13 per Tony Lesco (1) Henke FV-12 -- 6 Way Folding V-Plow -multiple box reinforced 1/4" moldboard -3/4" x 6" x 4" bottom angle -double acting 4" cylinders with "Polypak-Type B" piston seal -designed to accept machine down pressure -(2) 3/4"x6"x6" high carbon cutting edges -includes nitrogen accumulators 47"Hx144"W (straight), 130" full Vee or 124" angled -running gear with 11" mushroom shoes, installed -hydraulic diverter kit to expand 3rd function, installed -includes CS 2K size coupler, installed price - $17,613.00 - include owners and maintenance/ service manuals -freight included -add option- - swivel feature for plowing uneven terrain - $926.00 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.mm 1 LOT EA 18,539.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER PO Number Page 9142642 2of3 This number must appear on all invoices, packing sli sand labels. Line Description Quantity UOM Unit Price Extended Ordered Price Dept: Streets Deliver equipment and documents to: Fleet Services Shop 906 W. Vine Fort Collins, CO 80521 Contact: Ian or Eric ph# 970-221-6613 call 24 hours 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 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 1. COMMERCULDETAILS. Tax exemptions. By statute the City of Too Collim is exempt fmm state and Le ar then. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000589 is registered with the Collector of Failure of the Purchaser to insist upon strict Performance of the arms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26,114 (a). exercise any rights or remedies provided herein or by law, failure to pmmpdy Perry the Seller in the event of a breach, the acceptance efor payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the dumuge in transit, may be returned it) you for credit and are not to be replaced except upon receipt if wrillen purchaser in insist open strict puformance heeof or any of its rights or remedies as to any such pods, regardless Primerica, teem the City of Pan Collins, of when shipped, received oe accepted, as P. any prier or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchae, order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject o the City of Fort Collins irepedion on arrive), hereof Final Acceptance. Receipt of the merchmkise, semen or equipment in respome to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the Wm of the City of Fort Collins. However, it is to W understood that FINAL Seller and the Ruchaur recognize that in actual a omic practice, aerchoges resulting from antitrust ACCEPTANCE, is defaulter upon completion ofall applicable required inspection procedures. violations art in fact home by the Purchsa. Themofore.for good case and as consideration for executing this purchase river, the Sella hereby assigns to the Purchasrt any and all claims it may now Leave or hereafter Freight Terms. Shipments must be FOR, City of Fort Collins, 700 Woad St., pan Collins, CO 80522, unless acquired under federal or state cannot hens for such overcharges relating m the particular goods or services oher vem sissified on this Panic, If pemtission is given to prepay freight and charge sepmetely, the original freight purchattJ or acquired by list Purchaser pursuant m this purchase order. bill masr accompany invoice. Additional charges foe packing will net be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipnant Distance. Where manufacturers have distobuting points in various pans of the coumry, Mutineer is tribe Purchaserdirects the Seller to cancel nonconforming or detective goods by a date to he agrenl upon by the expected from the nearest distribulien print to destination, and excess fright will be deduced from Invoice when Purchaser and the Sel let, and the Seller thereafter indicates its inability m unwillingnel to comply, the Purchase, shipments are made fmm greater distance, may cause the work in be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. retain. Seller shall presence at sdlees sole cost all necessary permlu, cenificmes and licenses required by all applicable laws, regulation, oniitances and min offe state, municipality, territory or political subdivision where tic work is performed, or required by any other duly costitumd public authority havingjurisdiction over the work of vendor. Sella fuller apron to hold the City of Ton Collins haomlas fmm and agaimt all liability and loss incurred by them by reason of an assured or established violation of any such laws, regulations, ordinances, roles and mmiremenu. Amhorivatim, All panics to this contract agree that the representatives are, in fact, bona fide and possess fall and complete authority to bind said panics. LIMITATION OF TERMS. 'His I•nnitnse Order expressly limit eccepumto to tla terms and conditions stated herein set forth and any supplememary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different temp and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to wive on your promised delivery date as noted. Time is of the essence. Delivery end performance must be effected wifin the time stated on the pmchis, under and the documents attached hereto. No aces of the Purehasers including, without limitation, acceptance ofpanial late deliveries, shall operate as a waiver of ibis provision. In the event of any delay, fie Purchaser shall have, in addition to other legal and commit readies, the option of placing this order elsewhere and holding the Seller liable for damages. However, fie Seller shall not be liable for damages az a .all of delays due to causes nrl reasonably foreeewble which are beyond its inevitable emend and without its fault of negligence, such acts of God acts afeivil or military authorities, govemmenwl priorities, fires, strikes, flod, epidemics, wars or riots provided that notice of the conditions causing such delay is Riven 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 of the delay. 3. WARRANTY. The Seller waames for all goods, aniecs, mamri ils Pad work covered by this order will conform with applicable drawings, specifications, samples Polar other descriptions given, will be fit for the proposes intended, and perfomred with the highest degree of core and temperance in acmNa a wish accepted standards for work of a similar wore. The Sella agrees to hold the purchaer hmmless from any lass, damage or expense which the Purchaser may suffer m incur on imemor offs, Sellers breach of wamamy. The Sella shall replace, repair or make good, without cost to the purchase, any demeas or faults mixing within one (1) year or within such longer pedd of time as may be prescribsd by law or by the terms of any applicable warranty provided by the Seller after the date of tereplance of fie goods furnished hereunder (nevermore not to be unreasonably delayed), resulting from imperfect or defective work done or materials fnmislied by the Seller. Are,hunee or use of goads by the Purchaser shall Par constitute a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers Liability hereunder shall extend to all drmages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in na event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchser may make changes to legal at. by wrimen change Oder. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the moms, other than legal terms, including Platinum to or deletions from the quantifies originally Pull in the specifications or drawings, by verbal or woven change order. If any such change atreat, the commin due or the time of perorations, hereunder oa equitable adjustment shall be made. 6. T E RMINATIONS. The Purchaser may at any time by written chance order, shmaimue this agreement as to any or all projects of the goods then nut shipped, subject to any amicable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims fur anticipated profs on the uncompleted portion of the goods maker work, for iwidenul car cosryuential damages, all that an such adjustment be made in favor of fie Sella with respect to any gods which art the Sella sumfni stock. No such temtination shall relieve the Purchaser or the Sella army (oFlhci, obligations as many goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days man the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller woman that all goods sold hereunder shall have been produced, sold, delivered and fumished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents s may be, required to effect or evidence compliance. All laws and regulations requital to no incorporated in agreements of this character are hereby incopoated herein by this reference. The Seller agrees an indemnify and hold fie Purchaser harmless fmm all roan, and damages suffered by fie Purchaser as a result of the Sellers failure to wmpy, with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior women convent of the other party. 10. TITI.E. The Seller warrants fall, or., and mucat Bled li0e a the Purchaser for all equipment u dmiala, sad items fumished in performance of this agreement, free and clear of any and all liens, rcstrictios, reservations, somfiry mores, encumbrances and claims of others. The Seller shall release the Purchaser and its conbacu rs of any Per from all liability, aaj claims of any roue resulting fmm the performance afsuah work. This release shall apply even in the nest of fault of negligence of the pony released and shall extend n the dome.., officers Pad employees crouch party. The Seller's centnclual (obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be Perfomeed by the Purchaser. 14. PATENTS. Wicasver the Seller is required to nse any design, device, material or process covered by lever. Patent, trademark or copyright, the Seller shall indemnify and save hannlas the Parchaasa from any and at I claims for infringement by reason of the use of such patented design, device, material or process in cotmection with the contract, and shall indemnify the P rmleser for any es, expense or damage which it may be obliged to Pay by reawn of such infringement at any time during the prosecution or after the completion of the work. In new said equipment, or any pan femaf or the intended nse of fie soul, is in such sash held an consume infringement cod fie nse of said equipment or pan is enjoined, the Sella shall, at its own expense and at its option, cifer income for the Purchaser fie right to continue using said equipment or parts, replace the same with substantially equal but nominGngtV muipmed, or modify it so it becomes noninfneging. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpl, make an ssignmont for the bent of creditors, appoint a receiver or bratee for any of the Sellers property or business, this order may frthwith be canceled by the Purchaser without liability. 16. GOVERN WG LAW. The definitions ofterms used or the interpretation ofthe ii mametu all the right ofall parties hereunder shall be costmed major and governed by the laws of fie Sure ofColom&, USA. The following Additional Conditions apply only in awas where fie Sella is to perform work haverel , Including fie motion of sellers Represen dive(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in se of any accident, destruction or injury to the work antler materiels before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When ..,clots and equipment are fumished by ethers 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 materials and/or equipment were being famished by the Seller ante the order. 18. INSURANCE. The Seller shall, at his own expense, provide fro the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this mandate, order, Pot to their dependenu in accordance with the laws of the stare in which the work is to be done. The Seller shall also carry comprehensive gene nd liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at Iant S300,000 for any one person, $500,000 for any one evident and prepeny damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compwsatl(on mid insurance. Before any of the Sellers or his contactors employees shall du any nark upon the premises of other, the Seller shall famish the Purchase, with a certificate that such compensation and insurance have been provided. Such cenifcatn shall specify the data when such compensation and insurance haveee ban provided. Such certificates shall specify fien e date when such compassion and insurance expires. The Seller agrees that such eompereation and inaawce shall he maintained until after the entire work t completed aaj accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire maposibiliry and lshiliry for any and all damage, loss or injury of any kind or wore whatsoever to persons, or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hmmle s, the Purchaser and any r all of fie Purchasers officers, spaces said employees from and against any and all claims, Ines, damages, charges or expenses, whether direct or indirect, and whether to persons or property no which the Purchaser may be par or subject by reaon of any act, action, neglear, omission or default on the inn of the Seller, any of his contractors, or any of the Sellers or contractors enicers, agents or employees. In case any suit or other proceedings shall be brought spout he Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, Pal omission or default of the Seller of any of his contractors or any of in or their olEcers, agents or employees s aforesaid, fie Seller hereby agra w to assume one defense thavif and to defend the same at the Sellers own expense, to coy any and all costs, charger, attorneys lees and other expenses, any and or judgments that may be tecumd by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment m other lien be placed upon or obained against the property of the Purchaser, or said Wnies in or as a result ofsuch suits or other Proceedings, the Seller will at once cause the same to Lou firoradved and discharged by giving bond or otherwise. The Seller and his contractors shall Pike all safety precautsu s, famish cod initial[ all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Ad of 1970 and all mles and regulations issued pursuant thereto. Revised 03/2010