HomeMy WebLinkAbout102606 4 RIVERS EQUIPMENT LLC - PURCHASE ORDER - 9143140PO
PURCHASE ORDER 914314er Page
CI�/ of PURCHASE
43140 1 of 2
' `t Collins( his number must appear
` v " 1 1 on all invoices, packing
slips and labels.
Date: 06/05/2014
Vendor: 102606
4 RIVERS EQUIPMENT LLC
1100 E CHEYENNE RD
COLORADO SPRINGS CO 80905
Ship To: STREETS DEPARTMENT
CITY OF FORT COLLINS
625 NINTH STREET
FORT COLLINS CO 80524
Delivery Date: 06/05/2014 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 INV 1322641
rental of JD 724K
month rental - 4/23/14 to 5/19/14
Dept: Streets
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
6,361.00
Total $6,361.00
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
1. COMMERCIALDETAILS.
Tax exemptions. By sanute the City of Tom Collins is exempt from safe and local taxes. Our Exemption Number is
I L NON WAIVER.
98-04502. Federal Excise To. Exemption Cenifcme of Registry 84-6130o587 is registered with the Collator of
Failure of the Purchaer to insist upon strict performance of the «tors and conditions hereof, failure or delay to
Informal Revenue, Denver, Colorado (Ref. Colorado Revised Smmtes 1973, Chapter 39-26, 114 (a),
exercise any rights or ¢medics provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of
Goads Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
any of the communes or obligations of this purchase order and still not b, deemed a waiver of any sight of the
damage in human, may be mounted to you for credit and are not to be replaced except upon raeipt of wrinen
Purchserto insist upon strict Pafsommce January or any of its rights or remedies as to any such goads, regardless
instructions from the City of Fail Collins.
of when shipped received or accepted, as to any prior or subaequ rra default hereunder, nor shall any purposed
am[ modification or rescission of this pushau order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS am subject o the City of Fort Collins inspection on afford.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipmem in response as this order can reach in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
aflumeed payment on the pan of the City of Fort Collins. However, a k w h understood the, FINAL
Seller and the Purchaser rtcognal Rm in acrual ensomme pmeire, ovesha,ges resulting form m11.1
ACCEPTANCE is dependent upon completion of all applicable feat ied inspection procedures,
violations are in fact home by she Pmchaur. Theremfore, for grad caul and as consideration far errecufing this
pwchre order, she Seller hereby assigns to the Purchaser any and all claim it may now have or hereafter
Freight Terms. Shipments must be F.O.D., City of Fon Collins, 200 Woad St., Fort Collins, CO 80522, unless
acquired under federal rr stile antitrust laws for such va houger relating an the Particular gook or services
otherwise specified era this rider. If permission is given to prepay freight and charge sepamefy, the original freight
purchased or acquired by the Purchaser pursuant to this purchase under.
bill must...an., i... w. Additional chooses far parkin¢ will not be accepted
Shipment Oktame. Where m nufactunrs have distribming points in various pans of the country, shipment is
expected from the neared distribution point to destination, and excess freight will be deducted form Invoice when
shipments arc made form greater distance.
Permits. Seller shall proems at sellers sole cast all necessary permits, cenificams and licenses raleired by all
applicable laws, regulations, midimmies:md toles of the state, municipality, den Cory or political subdivision where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Ton Collins harmless from and manor all liability and loss
insured by them by reason Of an asserted or established Anwom Of any such laws, friction., ordlnonets, toles
and requlremems.
Authmiawian. All Parties to flux ccannot agree that lie represenwlives are, in fact, bona fide and possess full and
complete authority to hind said panics.
LIMITATION 01: TEIdMS. 'this Puahasc Order expressly finals awepenre to the terms vad conditions stated
herein set form and any snpplemodary or additional terms and conditions annexed hereto or htc summed head, by
reference. Any additional nr di0brenl terns and coodawns purposed by all,, are objected. and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive an your
promised delivery date as noted, lime is of the essence. Delivery, and perfomance must be effected within the time
stated on the purchase order and the documents touched hac,o. No a a, of the Purchasers including, without
Iran,.,,.., acceptance of partial lute deliveries, shall morale as a waiver of this provision. In the event army delay,
the Purchaser shall have, in addition t. other legal vad aluitable rem Wits, the O,bam uFplac,O, this order elsewhere
and hold,, the Seller liable for damages. However, the Sella shall not be liable for damages as a rcsuh of delays
doe to cawca not rwwmbly foreseeable which are beyond its onewn able conrol and wifou, as fault of negligeme,
such rots ofGod, efts oroml as mili,uy amhntii, governmental pri.nfes,fires, strikes, flood. epidemics, wan or
a.,, provided shut notice of the conditions causing such delay is given to the Purchmm within five (5) days fifth,
time when the Seiler first received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for the penal egnal to the time actually last by reawn of the delay.
3. WARRANTY.
The Seller w.. chat all goods, articles, mterow and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and
Performed wish the highest degree of are and competence in accordance with accepted smtdard for work of a
similar nature. The Sella agrees to hold the purebaur harmless Isom any loss, damage or expense which the
Purchaser may maker or incur an ...at of the Sellers breach of., The Seller shall replace, repab or make
good, without coal to the purchaser, any defects at faults arising within one (I) year or within such longer period of
time as may be prescribed by law or by the terms of any applicable warrenry, Provided by the Seller after me date of
acceptance of the gook famished hereunder (acceptance not w b, unmawnably delayed), resulting from imperial
or defective work done or materials burnished by the Seller. Acceptance or use of goods by the Puncheon shall not
roosfime a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, rise Sellers
liability hereunder shall extend an all damages proximtely caused by the breach of any of the foregoing. families
of gmma., bur such liability shall in no event include loss of profiu of loss of uw. 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.
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the term, other than legal lams, including additions to or deletions from
,he grafffes originally ordered in the speelicaturS or drawings, by verbal or written change order. If any such
change akects the from ual due or the time of performance hereunder, an cquiuble adjustment shall be made.
fi. TERMINATIONS.
The Purchaser may at any time by written change ardor, wmtiante this agreement as to any or all portions of the
goods then no, shipped, subject to any equitable adjustment between the patties as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
Portion ofthe gams andor work, for incidental or consiloential damages, and that no such adjustment be made in
favor of the Seller with respect to any goods which are the Sellers sundard stock. No such fornin cum shall relieve
the Purchaser.,,he Seller army of their obligations m e any goads delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the data the change Or nomination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller wa . that all goods, suld hereunder shall have bren produced, sold, delivered and fornkhed in strict
compliance with all applicable laws and regulations or which the good are subject The Seller shall actual and
deliver such documents m may be minimal in effect or cvddence complance. All laws and regulations natural corm to be
incorporated in agreements of this character are heeby incoryrmted herein by this ref ce. The Seller agrees ,o
indemnify and hold she Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither pray shall assign, ronsfer, or convey this order, of my marnie, due or to become due hereunder willow the
prior variant comer, of the other party.
10. TITLE,
The Seller ream. full, clear and umcmmdad all of the Purchmi for all equipment, marenak, and if. fiunishN
in performance of this agreement, free and clear Of any and all liens, restrictions, reservations, s mmy interest
encumbrances and claims Orathrs.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If she Purchaser directs the Seller to correct nonconforming or detective goods by a date to be agreed upon by she
Purchaser and the Seller, and the Seller thereafter indicates as inability err unwillummoss,a comply, the Purchaser
may came the work to be Performed by the most expeditious means available to it, and the Seller shall pay all
cases associated with such work.
The Seller shall release the Purchaser and its contractors of any rice form all liability end claims of any —,am
resulting form the performance ofsuch work.
This release shall allly even in the event of fault of negligence of the parry released and shall extend to the
directors, officers and employees of such Pony,
The Sailer's venlrmmal 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, PAq'IiNTS.
Whenever the Seller is squired to use any design, device, mmemil or poor... anc ad by lane,, patent, trademark
or copyright, the Seiler shah indemnify and save hamdess the Purclower from any and all claims for infringement
by reawn of the use of such patented design, device, material or pro ers in connection with the common, and
shall indemnify the Purchaser far any fair, expense or damage which it may be obliged to pay by reason of such
inMngemem at tiny time during the prosecution or after the completion of the work. In case said equipment, or
any pan thereof or the intended use of the goads, is in such suit held re constitute inGngement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and in its option, either procure for the
Purchaser the right to continue using said equipment at pans, replace the same with substantially equal but
naniafnging equipment. or modify it so it becomes twninkraging.
IS. INSOLVENCY.
If the Seller shall become insolvent or bankmpt make an assignment for the fenefil of cadirors, appoint a
faceiver
or mtaee for any of the Sellers propary or business, this order may forthwith be canceled by the
rwithout liability.
16. GOVERNING LAW.
The definitions ofterms cud in the interpretation of the agreement and the ngh,s of all ponies beeunder shall be
comored under and govermd by the laws ofthe Sale ofColomdo, USA.
The following Additional Conditions apply only in rases where the Seller is to perform work hereunder,
including fe services ofSeilm, Repose starive(s), m she premise f.it
17. SELLERS RESPONSIBILITY.
The Seiler shall carry an said w'mk. Sellers own risk unlit dw same is fully complied and mcepred, and shall,
in use of any accident, destruction or injury to the work and/or mreriak betas Sellers final completion and
acceptance, complete the work at Sellers own expense and w the safisfactim of the Purchaser. When materials
and equipment am famished by others for installation or section by the Seller, the Seller shall receive, unload,
some and handle same at the site and become responsible thereto, as though such mmenals rump., equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefit, to its employees employed on or in connection with the work covered by ,his purchase order,
amVor 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 imunmse with hoday injury and death limits of nl rein 5300,000 for any one pa,.n, S50R000 for any
one accident and pmporty damage limit Per accident of S400,000. The Seller shall likewise require his
smarrovars. if any, to provide Ica such compensation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall famish the purchaser with a certificate
than such c mprncninn and insurance have been provided. Such cenificmes shall specify the data when such
compensation and insurance have been provided Such certificates shell specify the datewhen such compensation
and insurance expires. T he Seller agrees thin such compensation and insurance shall be framined until alter the
emit work is complain and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sailer hereby assumes the entire mspamibili y and liability for any and all damage, Ins, or injury of any kind
or were whatsmver to persons or property caused by or resulting from the execution of the work provided for in
this purchase order ar in connection herewith. "a Seller will indemnify and hold harmless the Purchaser and any
r all of the Purchasers arrears, agents and employees form and against any and all claims, losses, damages,
changes or expenses, whether direct or indirect, and whether to pekoe or property to which the Purchaser may
be pm or subject by reawn of any act, ration, ncglaa, omission or default oo the pan of the Seller. any of his
contractors, many of the Sellers or contractors makers, agents or employees. In case my suit in offer
proceedings shall be brought against the Purchaser, or its afters, agents or employees a my time on account or
by reawn of my act, action, neglect. omission or default of the Seller of any of his contractors or may of its or
their oDicer , agents or employers as aforesaid, the Seller hereby agrees to co mite the defense d,ere f and an
defend the same na the Sellers own expanse, to Pry any and all masks, charges, ahomeys fees anal mher expenses,
for, and all judgments that may be incurred by or abuined againsl the Purchaser or my of its or their orrcen,
agents or employes in such suits or other proceedings, and in case judgment or other liar be placed upon or
obtained against the progeny offs, Purehasa, or said parties in or as a result of such suits or other proceedings.
,he Seller will at once cause the sum in be dissohed and discharged by giving bond o, ufl arise. The Seller and
his contractors shall take all safety pecm,ions, furnish and install all gaud na., far the protection of
accidents, comply with all laws and regulations wish regard to safety including, but without limitation, the
Oeemparioml Safety and Health Act of 1970 and all rules and regulations issued pursasm, therem.
Revised Ryan 10