HomeMy WebLinkAbout211764 J D V EQUIPMENTS - PURCHASE ORDER - 9143328PO
PURCHASE ORDER 914332er Page
City of PURCHASE
3328 ' of z
�} Collins( This number must appear
` \� ` on all invoices, packing
sli s and labels.
Date: 06/12/2014
Vendor: 211764
J D V EQUIPMENTS
216 LITTLE FALLS RD STE 1
CEDAR GROVE NJ 07009 1276
Ship To: DRAKE WATER RECLAMATION
CITY OF FORT COLLINS
3036 ENVIRONMENTAL DRIVE
FORT COLLINS CO 80525
Delivery Date: 06/12/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 1
Spare Parts Proposal0011218-SP
1 LOT LS
Proposal emailed to Pat Johnson from Water Reclamation on May5th.
Contact on the Proposal at Drake Water Reclamation is Mike Dersham x-6984
mw
Total
P14
6,975.00
Invoice Address:
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
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terals and Conditions
Page 2 of 2
L COMMERCIAL DETAILS.
Tax exemptions. Ely statute the City of Fort Collins is exempt from smm and local taxes. Our Exemption Number is
I I. NONWAIVER.
98-04502. Federal Excise Tax Exemption Catifcam of Registry 84-6000587 is registered with the Colleens, of
Failure of the Purchaser to insist upon son porfomance of the terms and conditions hereof, failure or delay to
Emerged Revenue, Denver, Colorado (Ref. Colorado Revised Sumees 1973, Chapter 39-26.114 (a).
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance of or payment for goods baeanda or approval ofthe 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 me warranties or obligations of this pumbase order and shall not be deemed a waiver of any right of the
damage in tonsil, may be resumed to you for credit and we not to be replaced except upon ansupt of wrinm
purchaser to insist upon seder performance Mreofor any of its rights or remedies as 1. any such gook, regardless
instructions from the City of Fort Collins.
of when shipped, received or accepted, a to any prior or subsequent default hereunder, nor shall any par m ed
oral modification or recision of this purchase under by dte Purchaser operate as a waiver of my of the mots
Inspection. GOODS am subject to the City of Fort Collins inspection an arrival.
hereof.
Food Acapvxwa. Receipt of the meehordise, services or equipment in capmtse 10 this order ran r esult in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
aathorisd payment on the part of the City of Fort Collins However, it isun to be derstood th tFINAL
Sella and the Puchasa recognize that in anal ournifiric practice, overchages resulting from antitrust
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures.
violations art in fact Mr- by the Pachaa. Theremfrre, for good cause and res eareademtion for executing this
purchase order, the Seller hereby assigns 10 the Purchaser any and all claims it may now have or hereafter
Fmighl Terms. Shipments mint be F.O.B., City of For Calling, Too Wood St., Four Collins, CO 80522, unless
acquired under federal or stare aatitned lases far such overcharges retain, 10 dw particular goods or services
otherwise specified on this order. Wpermission is given to prepay freight and charge separr ely, the original freight
purchased or required by den Purchaser pursuant 10 Nis purchase under.
bill most axa mem, made. Addhional this. for tacking will not be accmtrd.
Shipment Distance. Where manufacturers have disaibuting Points in various pans of the country, shipment is
exported form the nearest distribution point to destiwtion, and excess freight will for deducted from Invoice when
shipments ere nude from grata distance.
Permits. Sella shall procuc at tillers sole cost all era., pennies, eenifeata and licenses etyuired by all
applicable laws, rtgulalims, ordinances and It, of the store, municipality, Paritory or political subdivision where
the work is performed, or required by any other duly cautioned public authority h ti ingjurisdinion over me work
of vendor. Seller further agrees m hold the City of Fain Collins humorless from and against all liability and loss
incurred by them m by rean Of an ..ad or established violation of any such laws, regulations, ordinances, roles
an d requirements.
Authorization. All panics to this concoct agree that the representatives we, in fact, bona fide and possess fail and
complete authority to bind said parries.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set forth and any supplementary or additional terns and conditions annexed hereto or incopomted herein by
reference. Any additional or different runs and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment t0 arrive on your
promised delivery date as-tcd.'I'ime is of the essence. Defray and pang —row. must be eB'ected within the time
stated an the purchase order road he dacumens attached hereto. No acts of the Purchasers including, without
limialion, weep lame ofp ri ial late deliveries, shall operate as a waiver of this provision. In the e,air of any delay,
the Purchaser shall have, in addi[ion w other legal anal intuitable Parodies. the option of placing this order elsewhere
and holding the Seller liable for damages. Ihowever, the Seller shall nut be liable for damages as a result of delays
due to causes not reasonably foreseeable which are beyond its camnable control and with rm its fault of negligence,
such acts of God, ran of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or
nots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of me
time when the Seller first received knowledge thereof. In the even[ of my such delay, the date of delivery sbad] he
extended far the penal eq-I m the time actually lost by reason ofthe delay.
3. WARRANTY.
The Sella warrants that all goods, within, materials and work covered by this order will conform with applicable
drawings, specifications, samples oral other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and compnence in accordance with accepted sundards for work of a
similar nature. The Seller agrees to hold the pucbaer harmless from any loss, damage or expense which the
Purchaser may sufferor incur on accrual of the Sellers breach of warranty. The Sella shall replae, repair or make
gaol, without cost to the owfMxn nay defers at faults onsing within one (U year or within such longer penal of
doe a may be proscribed by law or by the [ems of coy vp,liable wmren[y provided by Ne Seller aRer the date of
acceptance of the goads famished hereunder (accepma'e not 10 be unreasonably delayed), resulting Imo imperfect
or defective work done err malmals famished by the Sella. Acceptance or use of goods by the Purchaser shall .1
mwtitu[e a waiver of any claim under this warenary. Except a admwiw provided in this purchase order, she Sellers
liability hereunder shall extend to all damages proximately award by the breach ofeny ofthe foregoing wartanties
or guarantees, but such liability shall in no evens include loss of pmfis Or loss of rap NO IMPLIED WARRANTY
OR MERCHAN'TADILIT Y OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Examinants may make changes to legal toms by wrinm change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchase, may make any changes to the terms, other than legal tams, including additions to or deletions from
the quantities originally ordered in the specifications or drawings, by verb I or written change order. If nay such
change affects the amount due or the time oI`,mfi wwa hereunder, to equitable adjnsnnerd shall be, made.
6. TERMINATIONS.
The Purchaser may at any time by women change order, twoninmc this agreement a to any or all portions of the
goods then not shipped, subject to any equitable adjustment betwan the parties a to any work or materials Non in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the —completed
,onion of the goods -Nor work, for incidental or mnsemoodial damages, and that no such adjatment be made in
favor of the Seller with respect to any goods which ate the Sellers standard stock. No such lamination shall relieve
the Purchaser or the Seller ofany of their obligations ns to any goads delivered hereunder.
). CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is
covered.
8. COMPLIANCE WITH LAW.
The Seller watrams that all goods sold hereunder shall have been produced, sold, delivered and f mished in strict
compliance with all applicable laws and regulations m which the goods are subject The Seller shall axone and
deliver such documents us may be required to effect or evidence compliance. All laws and regulations required a be
ncomomted in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Pucbascr hamlets from all costs and damages suffered by the Purchaser an, a result Of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither patty shall atop, transfer, or comp. this We,, or any monies due or no become due hereunder v,uheue the
prior wrimen consent ofthe other party.
10. TITLE.
The Sella warrants full, clear and umestncted title to the Purchaser for all equipment, materials, and items finished
in performance of this agreement, free and clear of any and all liens, restrictions, reservations, sec erg, intense
encumbrances and claims ofothers.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
IfNe Puchaa directs the Seller to cancer nomvnforming or defective goods by a date to be, agreed upon by the
Purchaser and the Sella, and the Seller therez0er indicates its inability or -willingness 10 comply, the Purchaser
may cause Ne work in be performed by the most expeditious mean available 10 it, and the Seller shall pay all
costs associated with such work.
The Seller shall rekuc the Purchaser and its contracu s of any Per from all liability and claims of any nature
silting form the performance fsuch work.
This release shall apply even is the an of fault of negligence of the many released and shall extend 10 the
directors, officers and employees ofsuch party.
The Sellers conlmclual obligations, including warranty, shall not be deemed to he Printed, in my way, because
such work is performed or corked to be performed by the Pu cheer.
14. PATENTS.
Whenaer the Seller is required to use any design, device, material Or process covecd by tuner, patent, trademark
Or copyright, the Seller shall indemnify and save lormless the Purchaser from any and all claims for infringement
by reason of the use of such patented deign, device, material or process in connection with the mmuct and
shall indemnify the Purchaser for any cast, ramose a damage which it may be obliged to pay by reason ofsuch
infringement at any time during the prosecution Or one, he completion of the work. In rase said equipment, o1
any pan thereof or the intended use of the grinds, is in such suit held [o -abate infringement and the use OP
said emipnuent or part is enjoined, the Seller shall, at its awn expense and at its option, either procure for the
Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but
noninfringing empment Or modify it so it becomes naninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appnim a
Prociver or trustee for any of the Sellers property or business, this order may forthwith be canceled by Ne
Purchaser without liability.
16. GOVERNING LAW.
The definitions of hems used or the interpretation ofthe agreement and the rights of all parties hereunder shall be
construed under and governed by the lawn ofthe State ofColawk. USA.
The following Additional Conditions apply only in cases where flit Seller is to perform work here -der,
including the son -ices of Sellers Repmsentatiec(s), on the premiss ofothers.
IT SELLERS RESPONSIBILITY.
TM Sella shall arty on said work at Sellers own risk until 1M same k fully completed am accepted, and shill,
in use of any accident, destruction or injury to thc work and/or nutmak before Sellers firal completion sad
accept , complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials
and eq.i,.t are famished by ahrn for installation or erection by the Seller, the Seller shill receive. Poland,
stare and handle same at the site and become responsible therefor as though such materials clangor amprtcot
were being finished by the Seller under the order.
18. INSURANCE.
The Sella shall, at his own expense, provide for the paymml of workers comprnsation, including occupational
disease benefit, Or its employees employed on or in connection with the work covered by this purchase order,
int I. their dependents in accordance with Ne laws of the sure in which the work u 10 be done. The Sella
shall also arty comprehensive general liability including, but rent limited to, mn[ocudd and anmr-bile public
liability insurance with bodily injury and death limits of at leaf $3W,11011 for any am pason. SSBgoOU for my
one accident and property damage limit per accident of S400,000. The Seller shall likewise nowire his
c
contusion. if any, to provide for such compensation and imumme. Before nay of the Sellers or his contnrtors
employees shall do any work upon the premises of others, the Sella shall famish the Purchaser with a cenifimle
that such compensation and insurance have ban provided. Such certificates shall specify the doe when such
ampenwtion and insurance have been provided. Such anificaees shall specify the date what such compensation
and insurance expires. The Seller agrees that such compensation and imumnee shall be maimmaed unfit after de,
write work is completed end aaepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby asumes the entire responsibility and liability for any and all damage, loss or injury Of any kind
or nature whatsorer 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 indemnify and hold Mrmless the Purchaser and any
r all of the Purchasers officers, agents and employees form and against any sad all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property I. which the Purchaser may
be put Or subject by reason Of any act, action, neglect, omission Or default Dn the pan of the Seller, any of his
contractors, or any of the Sellers or contractors o0irim, agents or employees. In case any suit or other
proceedings shall be brought against the Purchaser, or its Oficers agents Or employees at any time On warnal or
by reason Of any act, action, neglect, was ion err default Of the Seller of any of his contractors or any of its or
their officers, agents or employees as aforesaid, the Seller herby agrees to assume the defense Hereof and On
defend the same a1 the Sellers own expense, to pay any and all costs, charges, attorneys fees and Other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser 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 ofthe Purchaser, or said panics in or as a result ofsuch suits or other proceedings.
the Sella will at once cause the same to be dissolved and discharged by giving bond Or otherwise. The Seller end
his contractors shall Like all safely precautions, famish and install 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 Act of 1970 and all roles and regulations issued pursuant Nerem.
Revised IDD010