HomeMy WebLinkAbout111565 WYLACO SUPPLY COMPANY - PURCHASE ORDER - 9142943Fort Collins
Date: 05/23/2014
Vendor: 111565
WYLACO SUPPLY COMPANY
315 VALLEJO STREET
DENVER CO 80223-1013
PURCHASE ORDER
PO Number Page
9142943 'eft
This number must appear
on all invoices, packing
sli s and labels.
Ship To: PARK MAINTENANCE
CITY OF FORT COLLINS
413 S BRYAN
FORT COLLINS CO 80521
Delivery Date: 05/23/2014 Buyer: DOUG CLAPP
Note: replaces unit# 4422
Line Description Quantity UOM Unit Price Extended
Ordered Price
Multiquip Cement Mixer 1 LOT LS 3,115.00
ref. quote dated 5/21/14
per Don Meyers
1-MC94SH8 w/ hitch - $2,990.00
freight - $125.00
Dept: Parks
Deliver equipment and documents to:
Fleet Services SHop
906 W. Vine Street
Fort Collins, CO 80521
Contact: Ian or Eric
970-221-6613
call 24 hours
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.mm
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
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local poxes. Our Exemption Number is
9"502. Federal Excise Tax Exemption Ce tificam of Registry 84-6000587 is reglmend with the Callmmr of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stamm 1973, Chapter 39-26, 114 (a).
Goods Rejected, GOODS REIECfED rise to failure to men specifications, either when shipped or due to dinvers of
Manage in transit, may be rebound to you for credit and we tat to be replaced except upon receipt of worm
instructions form Me City of Fon Collim.
Irupedion GOODS are subject to the Cory of Fon Collins inspection on out
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order con result in
mob tired payment oa the pan of the City of Fan Collins. Hms'e e, it is to or tulderstaod rho FINAL
ACCEPTANCEis dependent upon completion of all applicable required inspection procedures.
Freight Temas. Shipments must be ROD., City of Fort Collins, 700 Wood St, Few Collins, CO 80522, unless
otherwise specified on this order. If permission is given to prepay freight and charge separemly, the original begin,
bill most accompany invoice. Additional charges for puking will rot be accepted.
Shipment Distance. Where manufaqurers have distribming poims in vinfirms pans of the craci shipment is
expected from the Manor distribution Point to destination, and excess freight will be deduard from Invoice when
shipments are made form greater distance.
Permits. Seller shall prwure at sellers sole cost all necessary Rumors, certificates and licenses required by all
applicable lass, regulations, ordinances and rules of he slate, municipality, ¢mtory or political subdivision where
the work is performed, or required by any other duly constimmd public authority having jurisdiction over the work
of vcndrr. Seller higher agmos to hold the City of Fon Collins harmless from and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rates
and re,nowa no,
Authorization All Parties to this cuntmet agree their the ceprrsematives pore, . fun, bona fide and possess full and
complete authority an bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance m the terns and conditions stared
herein set Firm and any sm,lemenury or Mdi,ional terms and conditions annexed bcrcto or incorporated herein by
reference. Any additional or dilfercnt temrs and conditions proposed by seller are objected to and hereby rejected,
2. DELIVERY.
PLEASE ADVISE PURCIIASING AGENT immediately if you round, make complete shipment m arise oa your
promised delivery date as noted. 'I'irne is of the essence. Delivery and performance must be effected within ,he time
stated on We purchase order and the documents coached hereto. No acts of the Purchasers including, without
limitation, acceptance of partial lute deliveries, shall operate as a waiver of,his provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the upon cfpheiag ,his order elsewhere
And holding the Seller liable for damages. However, the Seller shall not Ed liable for damages as a result of delays
due to causes no, reasonably foresttable which are beyond its reaonable demand and woman its fault of negligence,
such acts of God, acts nfcill or military mthorhies.6ovemmeatal priorities, fires, strikes, fidod, epidemics, wars or
tints provided that notice of the conditions musing such delay is given to the Purchaser within eve (5) days of Me
time when the Soler first received knowledge thereof. In the even, 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, amides, materials and work candied by this order will conform with applicable
drawings, spcifimtions, samples muVor other descriptions &am will be fit for the purposes intended, and
performed with the highest degree of can and competence in accordance with accepted standard for work of a
miler .... The Seller agree to hold the pmchaur ha ni form any loss, damage or expense which hie
Purchaser may suffer or incur on account of the Sellers breach of warmry. The Seller shall replace, repair or make
good, without cast to hie purchaser, any defmrs or faults mixing within one (I) year Are within such longer period of
time as may b<prescribcd by law or by hie it. i fany applicable watrmty provided by the Seller after the date of
ucepa m, of the grads furnished hereunder (acceptance not to his unseasonably delayed), resulting from imperfect
or defective work done or materials furnished by the Seller. Acceptance or use of good by hie Purchaser adult no,
onstimte a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
'liability hereunder shall extend bo all damages proxionmely eaused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include loss of profits or lass of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SIL4LL APPLY.
4. CHANGES IN LEGAL PERMS.
The Purchaser may make changes to feint tends by wriuen change order.
5. CHANGES IN COMM ERCIAL TERMS.
The Porches may make any changes to the front, other than legal terms, including additions to or deletions from
,he yf adowsrarigivlly ordered in the amcifleadon, or drawings, by verbal or written change order. If any such
change effects the amount due or novel perbicand a hemuddeo on equitable adjutmmt shall he, made.
6. TERMINATIONS.
The Purcburmay a, nary hone by wooed ehmge orler, terminate this agreement .as to my o all Earrings of the
goods ,hen pot shipped, subject to any equitable aM.gonew between the parties as to any work a, .,,,crisis then in
pmg,es Emaciated that the Purchaser 11.11 not be liable for any claims for anticipated profits on the uncompleted
portion of the good and/or work, for incidental or consequential damages, and that no such adjustment be made is
favor of the Seller with respect to any goods which arc the Sellers standard stock. No such termination shall relieve
Me Purchaser or the Seller ofany of theil obligations as to any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for ofjusment most be warned within thirty (30) days form the date the change or termiwtion is
ordered.
S. COMPLIANCE WITH LAW.
The Seller warrants door all i and sold hem.Mef shall have been produced, sold, delivered and furnished in strict
compliance with all applicable lases and regulmiam to which the goads are subject. The Seller shall execute and
deliver such documcnrs m may be required to effect or evidence compliance All laws and regulations required to be
incorporated in agreements of this thwarter ate herby incorporated herein by this reference. The Seller agrees to
indemnify and bald the Purchaser Ihmmless firm all cans anal damages suffered by the Purchaser as is moult of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or to become due heretulder without the
prior wdnrn eament ofthe other party.
10. TITLE,
The Seller wamnts full, clear and committed title to the Purchaser for all u mmica t ra idols, and items fumishrd
in performance of this agreement, free and clear of any add all lieu, resupetions, reservations, security interest
encumbrances and claims of others.
11. NON WAIVER.
Failure of the Purchaser to insist upon stria Performance of the terms and conditions hereof, failure or delay to
exemise any rights or remedies provided herein or by law, failure to pmmplly notify the Seller in the event ads
brwch the acceptance i for payment for goat hereunder or appmval ofthe design, shall not release the Seller of
any of the co pnties or obligations of this purchase, order and shall not be deemed a waiver of my right of the
Purchaser to insist upon super performance hereof or any of its rights or rem ties as to my such goods, regardless
of when shipped, received or accepted, as in my prior or subsequent default hereunder, nor shall any purso h d
oral modieutian or resccomp of this parch. order by the Purchaser open. as is waiver of any of the temps
thereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actml re, m is prcerice, o.ercbarges resulling form armander
violations art in fan home by gar Purchaser. Theretofore, for ugood cause aM as consideration for executing this
purchase order, the Seller hereby assigns m the Purchaser any and all claims it may raw have or hereafter
acquired under Extent or spore mrottun loxes for such overcharges relating to the particular grads are services
purchased or acquired by the Purcthuer pursuant o this pounded order.
13. PURCHASERS PERFORMANCE. OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to wrist nonconforming or defective grads by a date to be, agreed upon by the
Purchaser grid the Seller, and the Seller thereafter indicates its mortality or wwillim ess to comply. the Purchaser
may cause the work to be performed by the most expeditious means mailable to it, and the Seller shall pay all
costs associated with such work.
The Seller shall release the Purchaser and its contractors of pony per from all liability and claims of any nature
resulting from the performance of such work.
This mieuse shall apply even in the event of Each of negligence of the any relrased and shall extend to the
directors, officers and employees ad such party.
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 performed by the Purchaser.
14. PA'I'HNI'S.
Whenever the Seller is required to use any design device, material or process Invited by letter, patent, trademark
or copyright, the Seller shall indemnify and save hamdeas the Purchaser from any and all claims for iNHngement
by reason of the use of such patented design, device, mmerial or process in comedian with the contmd, and
shall indemnify the Purchaser for soy cost, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution are alter the completion of the work. In case said equipment or
any part thereof or the intended pox of the goods, is in such snit held to consume infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its awn expense and at its option, either prwure for the
Purchnser the right to continue using said equipment or pans, replace the same with substantially equal but
noninGtnging equipment, or modify it sec it becomes noninfringim,
15. INSOLVENCY.
If the Seller shall become insolvent or vardempt, mile an rearmament for the beneN of creditors, appoint a
receiver or ounce for my of ,he, Sellers property or business, gals order may forthwith be canceled by the
Porringerwithout liability.
16. GOVERNING LAW.
The deftnitiem ofmrms word or hie comps drum. ofum agreement am the rights ofall Fogies wwwJw sha11 be
conswed under and governed by the laws ofthe Sine ofColodo, USA.
The following Additional Conditions apply only ht rases where Me Seller is m perform work harrower.
including no semen afScll. Represenpoeve(a), on hie premises ofothers
❑. SELLERS RESPONSIBILITY.
The Seller shall carry on said .,it at Sellers own risk .,it the same is fully completed and accepted, and shall,
in eau of any accident, drstmnion or injury ,o de, work and/or mmem ils before Sellers foal completion and
accaptarme, complete the work at Sellers own expense and to the smisGctian of the Purchaser. When materials
and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle scone at the site and became responsible therefor as though such controls mallor equipment
were being famished by the Seller facultative order.
18. INSURANCE.
The Seller shall, at his own expense, provide for he payment of workers comperssation, including weripatimal
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
andor to their dependents in accordance with the laws of the spite in which the work is to be done. The Seller
shall also cony comprehensive general liability including, but not limited to, commercial and automobile public
linbiliry insurance with bodily injury and death limits of at least S300,100. for any one person, $500,000 for any
one accident and property damage limit per accident of S400,000. The Seller shall likewise require his
contractor, it any, to provide for such roppensamen and insurance. Before any of the Sellers or his contractors
employees shall du any work upon the premises of others, the Seller shall famish the Purchaser with a eradicate
that such compensation and insurance hove been provided. Such cenificams shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and insurance expires The Seller agrees that such compensation and wouncer shall be maintained writ after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire rnpossiold, and liability for any and all damage, loss or injury of any kind
or natore whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in
this purchase order or in connection herewith. The Seller will indemni( and hold harmless the Purchaser and any
r all of hie Purchasers office., agents and employees form and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persura or pmpeny to which the Purchaser may
Fir put or subject by reason of my act, action, neglect, omission or default on Me part of the Seller, any of his
ommctors, or my of the Sellers or contmcmrs .fnus, agents or employees. In eau my ran or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees many time on ucom, or
by raoson of any act action, weaker, omission or default of the Seller of any of his contactors or any of its or
their often, agents or employees as aforesaid, the Seller hereby agrees to assume the defense theeof and to
defeM the same of the Seller own exp ors , to pay any and all wars, dreg da, attorneys fees nod when expeaks,
my and all Estimators that may be incurred by or obtained against the Purchaser or my of its or their officers,
agents or employees in such suits or other proceedings, aM in case judgmrm or other lien be placed upon or
obtained against the property of the Purchaser, or said parties in or as a result of such swiss or other proceedings,
Me Seller will at once cause the same to be dissolved aM discharged by giving bond or otherwise. The Seller and
his contractors shall take all satiny precautions, furnish and install all guards nxessary for the prevention of
accidents, comply with all laws and regulations with raga d to safety including, but without limitation, the
Ome.,wiomil Safety mud Health Act of 1970 and all tales and manicures issued pursuant thereto.
Revised 03R010