HomeMy WebLinkAbout159022 D & E SALES - PURCHASE ORDER - 9143016Fort Collins
Date: 06/02/2014
Vendor: 159022
D & E SALES
3115 E MULBERRY
FORT COLLINS CO 80524
PURCHASE ORDER
PO Number Page
9143016 1of2
This number must appear
on all invoices, packing
slips and labels.
Ship To: ELECTRIC UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 06/02/2014 Buyer: DOUG CLAPP
Note: replaces units #43024 & #43025
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 2 Each - H&H HDL Hi -Deck 7K
Trailer (w/pintle hitch and
engager brake system)
Estimate # 1242 Dated 5/27/14
(2) $3,950.00each = $7,900.00
includes Pintel Hitch and break -away system.
Dept: Light & Power
Fleet Services Shop
906 W. Vine St.
Fort Collins, CO 80521
Provide: Title and other Equipment documents
Contact: Ian or Eric
970-221-6613
" Please call 24 hours prior to availability "`
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
1 LOT LS
7,900.00
Total $7,900.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terns and Conditions
Page 2 of 2
I. COMMERCDV.DETAILS.
Tax exemptions. By random the City of Fear Collins is exempt fmm state and local arms Our Exemption Number is
11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Cenlficam of Registry 84-60(1 is registered with the Catheter of
Failum of the Purchaser to insist upon strict performance of the teas and conditions hereof, filureor delay to
Inmmal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a),
exercise any rights or remedies pmsided herein or by law, failure to promptly notify she Seller is the event of a
breach, the acceptance of or payment for goods hereunder or approval of the design, shall not releae the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet specifeuttoa, either when shipped or due to defects of
any of the warranties or obligati.. of this purchase oNer and shall not be deemed a wiver of any right of the
damage in transit, may be, refined to you for credit and arc not N be replaced except upon receipt of wrinen
purchaser,. insist upon strict perfmmonre hermfm any oFit, rights or remedies as to any such goods, regardless
imnuctions from the City ofFon Collins.
of when shipped, received Or accepted, as to very prior or subsequent default hereunder, nor shall any puryoned
oral modification or rescission of this purchase oNer by the Purchaser opemaa as a waiver of any of the corms
Impetion. GOODS are subject I. the City of Fon Collins inspection on amvd.
Icamar
Final Acceptance. Receipt of am merchandise, mapaires or equipment in order. to Nis oNer can maul, in
12. ASSIGNMENTOF ANTITRUSTCLAIAIS.
authored payment on the pan of the City of Fan Collins However, i, is I. be understond the, FINAL
Seller and the Purchaser re rrowe then in refuel command. prac,im, over<hmgbi resulting fur antitrust
ACCEPTANCE is depeddem upon completion of all applicable required! inspection pnoeedums.
vuthi iota art in fact home by the Porch ow, Theretofre, far good caue, and as consideration for executing an,
purebae order, the Seller hereby assigns to the purchaser any and all claims it may now have or broader
Freight Terms. Shipments must be F.O.D.. City of Fon Collins, 9tw Wood St, Fort Collim, CO 80522, unless
acquired under federal or state antitrust laws for such overcharges relating to the particular goofs or services
otherwise specified urn this order.lfpemniaopm is given to prepay Geight and charge separately, the original freight
purchased or acquired by the Purchaser purswvm to this purchase order.
bit must accompany invoice. Add'niaoal charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in carrims parts of the country, shipment is
repeated from the nearest distribution point m desalre0on, and excess freight will be deduced From Invoice when
shipments are made from greaber distance.
Permits. Seller shall procure at sellers sale at all nttessr, permits, cenificaus add licensor requited by all
applicable laws, regulations, ordinances and tales of the smut, municipality, territory or political subdivision where
the work is perfomaed, or required by any other duly comrituted public authority having jurisdiction over the work
of similar. Seller fnhm agreaa I. hold the City of Fort Collins harmless fur and against all liability and Ims
insured by them by reason of an asserted or established violating of any such laws, regulations, udmances, tales
;tad requirements.
Amhnrimtion All paniea to this coprod agree that the reprawal, ives are in fact bona file nerd possess full and
aaidew authority to bind said ponies.
LIMITATION OF TERMS. This Purchase Gusher expressly limn, mcepmrom m the mans and conditions smtd
herein set Error and any supplementary or additional menu and conditions annexed hereto or incoggmted herein by
reepars, Any additional Or difPrmuemu and mrditirns proposed by seller are ob c,,ad to and hereby rejected_
2. DELIVERY_
PLEASE ADVISE PURCHASING AGENT immediately if you canml make complete shipment 1m active on your
promised delivery Em res noted. Time is of the essence. Delivery and re ficamter, men M effected within the time
.anted no the purchase order and the documents mmchd here,.. No acts of the Purchasers including. without
frontier, acceptance of partial lure deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Purchaser shall face, io nddaimt m other legal and equitable ambles, the option of placing this order elsewhere
and holding the Seller liable fin di ages. However, the Seller shall not be liable for damages as a result of delays
due to causes not reasonably f rcomable which are beyond its miserable central and without its fault of negligence,
such acts ofGwL fees Of civil Or military authorities, governmental priorities, f s, strikes, flood, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to the Purchaser within rive (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 Ne time actually last by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, matmas and work covered by Nis maker will conform with applicable
drawings, specifications, samples trial other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standards Ibr work of a
miler nature. The Seller agrees to hold the purchaser harmless from any Inss, damage or expense which the
Purchaser may suffer or incur ran account of the Sellers breach of wammty. The Seller shall replace, repair or make
good, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer period of
time;, may be pracribad by law or by the berms of any applicable mmrarry provided by the Seller after the date of
acceptance Of are goods famished hereunder (acceptance not to be unreasonably delayed), resulting from numerous,
or defective work done or mmarials famished by the Seller. Acceptance or tram of goods by the Pumhater shot[ not
creature a waiver of any claim under this wamann,y Except As otherwise provided in Nis purchase order, the Sellers
liability hereunder shall extend to all damages poximarely mused by the breach of any of den foregoing warranties
or guarantees, but such liability shall in no event include loss of pofts or loss of me. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchase, may make any changes to the perms, calk, than legal terms, including additions It, or deletions from
the gmntife, originally ordered in due specification or drawings, by verbal or wrimn change order. If any such
change aReco the amount due or the time ofperfnrmutce hereunder, an readable adjustment shall be made.
6. TERMINATIONS. _
The Purchawr may of any time by u,am change order, bermiaem this apractical as many or all pgamas of the
goods then not shipped, subject to any equitable adjustment between the panic az to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anaicipatd profits on the unc amplmed
ponion of the goods and/or work, for incidental or consequential damages, and Nan no such adjustment be made in
favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve
the Purchaser or Seller of any of their obligations as to any goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be roomed within thirty (30) days from the date the change or mrminatirn is
oultraL
g. COMPLIANCE WITH LAW.
The Seger warrants that all goods sold hereunder shag have been vroduced. sold, delivered and famished is ruin
compliance with all applicable lams and imp la[iom to which the good are subject The Sell. shall execute and
deliver such dmumms in may be required to effect or evidence compliance. All laws and regulations required b be
ncmpomted in agreements of this Character are hereby incorporated herein by this reference. The Seller agrees fro
indemnify and hold the Purchaser harmless from al I cosy and damages suffered by the Purchaser as a .,at, of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall aza,,, rtransfer, or curvey this order, or any monies due or to become due hereunder without the
'Hot wrinen consent of the other may.
10. TITLE.
The Seller samuai fill, clear and unrestricted tide a the Franchiser for all equipment, materials, and items fmuhed
in performance of his agreement, free and clear of any ab all here, restriction, terminations, memory interest
encumbrances and claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifahe Purchaser dirans the Seller to canon nonmnform pat or defective goods by it date to be agreed upon by the
Purehawr and the Seller, and the Seller therea0er indicates its inability or unwillingness to comply, the Purchaa
may cause the work to be performed by the coos, expeditious means available to it, and are Seller shall pay all
costs associated with such wog_
The Seller shall release the Purchaser and its contractors of any tier fmm all liability, and claims of any from
resulting farm the pf rmarr pme mfsuch work.
This redrew shall apply even in the event of fault of negligence of the piny released and shall extend to the
directors, officers and employees of such ,any.
The Seller's commdmd obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is pert rmed or caused to he performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use my design device, material or process covered by lever, patent, trademark
or copyn,h,, the Seller shall indemnify and rove harmless Ne Porchawr fmm eery and all claims for tobogganer,
by reason of the the of such paterned design, device, material or praess in connection with the convert, and
shall indemnify the Purchaser for any cost, eapenw or damage which if may be obliged to pay by reason of such
infringement ar any time during the prosecution or alter the completion of the work. In caw said equipment, or
any pan thereof Or the intended use of the giros, is in such mi, held to constitute infringement and the coo 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 1. continue using said egnipmem or pan; replace ore same with substantially equal bur
noninlringing equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall barome
insolvent or bankmpt make an assignment for the benefit of creditors, appoint e
receiver or drastic for any of the Sellers popery or business, this order may forthwith be canceled by the
Pumhawr without liability.
16. GOVERNING LAW.
The definitions of rams mad or are interpretation of the agreement and the rights of all panics hereunder shill be,
omtmed under and gommed by the laws of the State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the smviees of Sellers Represenmti and, on the premises of others.
IZ SELLERS RESPONSIBILITY.
The Seller shall carry on said work as Seller's own risk until the same is fully completed and accepted, and shall,
in w of any accident dawction or injury to the work andsor amfas before Sellers final completion and
acceptance, complete the work at Sellers own expense and ,. the satisfaction of the Parcbazer. When mmerials
and equipment are furnished by others for installation or macro by the Seller, the Seller shall receive, unload,
core and handle same m the arm and become responsible therefor as though such maremirs and/or equipment
were being famished by the Seller under the order.
IS. INSURANCE.
The Seller stroll, it his owa expense, provide for the payment of workers compensation, including occupational
disease benefits, N its employees employed on or in connection with die work covered by this purchase maker,
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 not limited to, contractual and automobile public
liability imumme with balily injury and death limits ofar least 5300,000 ran any one person, Mad fast for any
one accident and property damage limit per accident Of S400,000 The Seller shall likewise require his
contractors. Waft, to provide for such compensation and iaumnce. Befmrc any of the Sellers or his contractors
employees shall der any work upon the premises ofother, the Seller shall famish for Purchaser with a matfmte
Nor such compemation and insurance have been provided Such certificates shall specify are date when such
compnwtion and insurance live been provided. Such cei ifcmes shall specify the dam when such camphorated
and insurance cancer. The Seller agrees that such compmearom and imommm shall be promeined mail after the
entice work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and ill damage, loss or injury of any kind
or nature whensoever N 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 indemnifv and hold hmmless rise Purchaser and any
r all of the Purchasers officers, al and employees froe m and gahasl soclaims, In,,-. and all clailoss-. damages,
in
or expenses, whether direct at indirect and whether m perrom or popery to which are Purchaser may
he put or subject by reason of any col, action, neglect omission Or default on the Pan of the Seller, any of his
ontmctors, or any of the Sellers or contractors officers, agents to employees. In sus, any suit or other
proceedings shall be brought apt= the Purchawm, or its officers, agents Or employees in any time on account or
by reason of any act, action, neglect, omission or default of one Seller of any of his cammdw, or my of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume are defense thereof and to
defend the same at the Sellers own expense, to pay any and all costs, charges, anomeys fees and other expenses,
any and all judgments that may be incurred 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 Or other lien be placed upon Or
obtained against the property ofore Purchase, or said parties in or a a result of such auto or other preseediggs,
the Seller will at more mow the same to be dissolved end dischargd by giving bond or otherwise. The Seller and
his convectors shall take all safety precautions. famish and install all gmans necessary for the prevention of
accidents, comply with all laws and regulations with regand to safety marinading. but without limitation, the
Compatiomvl Safety and Health Act of 1970 and all miles and regulations issued pursuant thereto.
Revised 03n0W