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HomeMy WebLinkAbout102606 4 RIVERS EQUIPMENT LLC - PURCHASE ORDER - 9143339Fort Collins Date: 06/13/2014 PURCHASE ORDER PO Number Page 9143339 1of2 This number must appear on all invoices, packing sli s and labels. Vendor: 102606 Ship To: OPERATIONS SERVICES 4 RIVERS EQUIPMENT LLC CITY OF FORT COLLINS 1100 E CHEYENNE RD 300 Laporte Avenue COLORADO SPRINGS CO 80905 Building B FORT COLLINS CO 80521 Delivery Date: 06/13/2014 Buyer: DOUG CLAPP Note: #7591 2014 Rental Bid Line Description Quantity UOM Unit Price Extended Ordered Price Rent a JD744 loader 1 LOT LS 45,078.00 for the Street Department. Rental to begin July 1, 2014 and continue for one year. Monthly price $3,756.50 Dept: Streets - Crushing plant Contact: Ian Janeic ph# 970-221-6613 and Neal Jaspers "please call 24 hours prior to delivery" 2 Delivery/pickup charges 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 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. COMMERCAV, DETAILS. Tax cxcmtrams. By super, the City of Fon Collin is exempt from site and local axes. Our Exemption Number is 98-0,1502. Federal Excise Tax Exemption Cediicam of Registry 84-60,110587 is toRgerd with the Colloaor of Internal Revenue, Denver, Colomda (Rrf. Colorado Revised argues 1973, Chapter 39-26. 114 (a). Gods Rejected. GOODS REIECTF.D due to failure m meet specifications, either when shipped or due to defects of damage in transit, may be rammed to you for credit and are not to he replaced except upon receipt of women instructions from the City of Fort Collins. Inspection. GOODS are subject to the City effort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, w or apuipment in response to this order canresult in amhodzed payment can the pan of the City of Foe Collins. However, it is to be understood thdFINAL ACCEPTANCE is dependent upon completion of all applicable resuired inspemfon procedures. Freight Terms. Shipments mast be RO.B., City of Fog Collim, 700 Wood St, Fort Collins, CO 80522, uniess otherwise specified on this order. If permission is given to prepay freight and charge separately, the unload freight bill most accompany invoice. Additional charges fro packing will not M accepted. Shipment Distance. When, manufaarmers have duNbuting pointy in vanous pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Winnows are made from guesser distance. Permits. Seller shall procure a1 sellers sole cost all necessary pemnits, cedificwes and licenses required by all appl icngo Incas, regr1dowe. ordinances and rules of One state, municipality, territory, or political subdivision where the work is performed, or required by any other duly con,ou al public authority having junwiniien over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and again all liability and loss incurred by them by n of an asserted or established violation of any such laws, regulations, ordinances, Mies andsreasoregaignows. Authorization. All parties to this.1.1 agree flow the representatives are, in faz1, bona fide and possess full and complete authority to biud said judges. - LIMITATION OF TERMS. This Purchase Order expressly limits compunm to the to. ad conditions, sand herein set forth and any supplementary or adifiorul mmus and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby requital- 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot snake complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance ..it he effected within the time sated on the purchase order and the [act menls attached hereto. No aors of the Purchaser, including, without linnistion, acceptance cf partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and taf iable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. 1lowever, the Sella shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable annual and without its fault ofneglig ner, such acts of God, aces of civil or military sagacious, governmental preines, fires, strikes, flood, epidemics, wars or dots provided that notice ofthe conditions causing such delay, ex given to the Purchaser within five (5) days of tee time when floe Seller first received knowledge thandf. In the event of any such delay, Ore date of delivery shall M exteded for the Rend drawl lg the time actually but by reason oftIm delay. 3. WARRANTY. The Seller warrens that all goods, articles, materials and work mverd by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will Is, fit for the purposes intended, and performed with the highest degree of cart and competence in accordance with accepted standards for work of a 'miler nature. The Seller agrees to hold the purchaser hrrmlms from any loss, damage or expense which me Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time w may he prescribed by law or by the terms of any applicable warranty provided by the Sella after the nine of acceptance ofthe goods 16anlshd hereunder (acceptance not to be unreuorubly delayed), resulting from impeffcd or defective work done or materials famished by the Seller. Acceptance or use of goods by the PurcTustt shall nor institute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately camud by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss ofprofix or loss of rise. 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 isstten change order S. CHANGES IN COMMERCIAL TERMS. The Purchaser make ake any changes to the terms, other than legal tends, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such charge affects the amount due or the time of pemar amc hereunder, an equitable adjustment shall be rode. 6. TERMINATIONS. The Purchaser may at any time by women change order, terminate this agreement as to any or all routines of the goods then not shipped, subject to any equitable djustment between me parries as to any work or materials then in progress provided Out me Purchucr shall not he liable for any claims for anticipated prof. on the unu mpleld portion trust, goods maker work, for incidental or comapuential damages, and that no such djastment he made in favor of the Seller with respect to any gods which ere the Sellers standard stock. No such trnrmtatitn shall relieve the Purchaser or the Sella ofany of their obligations as many goods delivered hereunder. T. CLAIMS FOR AD3USTMENT. Any claim for adjustment must he awarded within minty (30) days from the doe me change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants mat all goods sold hereunder shall have been produced, sold, delivered and famished in shirt compliance with all applicable laws and regulations to which the goods we subject. The Seller shall execute and deliver such documents as may be, required to effect or evidence compliance. All laws and regulations required to be ncaryurated in agreements of this character art hereby incorporated be an by this reference. The Seller agrees to indemnify and hold the Pumhwer handless from all costs and damages suRttd by the Purchaser as a regal[ of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, danger, or convey this order, or any monies due or to become due heremWer without the ,nor wrinen consent of the odor perry. 10. TITLE. The Seller warrants fall, clew and unrestricted title to the Purchaser fro all ryuipment, mammals, and it. fumishd in performance of this agreement, free and clear of any and all liens restrictions, reamatiom. security interest encumbrances and claims citations, I L NON WAIVER. Failure ofthe Purchaser to insist upon shot performance of the havers and condition hence( failure or delay to roue any rights or remedies provided beret. or by law, failure m promptly notify the Sella in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall act release the Sella of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hermfor any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted as to any poor or subsequent default hereunder, nor shall any porpoded oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser garognize that in actual economic practice, overcberges resulting rm antitrust violations arc in fact home by the Purchaser. "Borrowing, for good muse and as consideration for executing this purchase order, the Seller hereby assigns to no Purchaser any and all claims it may now have or hereafter acquired under five or state retuning laws for such overcharges relating to the particular good or services purchssed ar acquired by the Pm waved pursuant 1t this purchase order. 13. FORCE IASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to rorrem nonconforming or defective goods by a dare to he agreed upon by to Purchaser and the Seller and me Sella thereafter indicates its inability m unwillingness to comply. the Purchaser may cause the work to be performed by the most expeditions memo' mailable to it, and the Seller shall pay all [uses associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsach work. This release shall apply even in the event of fault of negligence of the, party released and shall extend to the directors, nnic rig ..it employees nfsuch parry. The Sellers contractual obligations, including warranty, shall not be deemed to M reduced, in any way, because such work is perforated or caused to he perfertnd by the Purchaser. 14. PATENTS. Whenever the Sells, is raptured to use any design, device, material me process award by later, patent. trademark: or copyright the Seller shall indemnify and save worlds the Purchaser from any and all claims for infringement by grant of the use of such Formed design, device, mwenal or process in connection with the contract, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason ofsuch arrogated at any 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 Stich suit held to constitute infringement and the use of said equipment in an is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but inaugurating equipment, or modify, it so it becomes nedinfdnging. 15. INSOLVENCY. If the Sella shall became insolveol or bankrupt make an aderangd far the benefit of creditors, appoint a man . via or trustee for any of the Sellers parody or business, this order troy foMwith he cameld by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terns wand or the interpretation of Otc alternator and the rights graft parties hereunder shall he o eemed under ad modual by the laws oftbe Sure of Colorado, USA. The following Additional Conditions apply only in where me Seller is to perform work hereunder, including the services of Sellers Repmsereadvad, on thecases premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work 51 Seller's own risk until the same is fully considered and accepted, and shall, in u of any accident, destruction or injury to the work sudden mateials before stimes final completion and acceptance, complete me work at Sellers awn expense and to the satisfaction of the Purchaser. When materials ape equipment sum famished by others for installation or adding by Ne Seller, the Sella shall receive, argue, some ad handle same at the sim and become responsible therefor as though inch marerials aelfar equipment were being famished by me Seller under the order. 18. INSURANCE. The Sella shall, at his own expanse, provide far the payment of wadgrs compensation, including accuWtional disease benefits, to its employees employed an or in connection with me work covered by this purchase order, maker to their dependents in accordance with the laws of the stare in which the work is to be done. The Sella shall also carry comprehensive general liability including, but not limited re, enamoring and automobile public liability insurance with bodily injury and death limits of at least E300,000 for any one pecan, $500,000 for any one accident and property damage limit in accident of $400,000. The Seiler shall likewise require his connectors, if my, to provide for such compensation and insurance. Before any of me Sellers or his connacom. employees shall do any work upon me premises orations, the Sella shall famish me Purchaser with a certificate that such compensation and insurance base been provided. Such cancans shall specify, the date when such compensation and insurance have been provided Such candidness shall specify the date when such compensation and insurance expires. The Sella agrees that each compansaion and insurance shall he maintained on afta the mrim work is completed and acceptd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the emus, responsibility and liability for any and all damage, loss or injury spray kind or wood, whoa alter as person or property award by or rtsuhing font rise execution ofthe work provided for in Nis purchase order or in connecting herewith. The Seller will indemnifv and hold harmless the purchaser and any r all of me Purchasers officers, agents and employees from and against any ape all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or Factory, to which the Purchaser may be put or subject by reason of any act, action, neglect, emission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its olicas, agents or employees at any time oa account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their oflicrn, agents or employees as aforesaid. the Seller hereby agrees m assume me defense merger and to defend the same at me Sellers own expense, a pay any cad at costs, charges, aaomeys fees and other expenses, any and all judgment, that may he incurred by or obtained against the Purchases or any of its or their officers, agents or employees in such suits or other proceedings, and in rase judgment a other lien he placed upon or overmed against the property affair Pamlower, or said panic in or res a result of such suits or other proceedings, the Seller will at one cauu the same to he dissolved and diuchasged by giving bond or otherwise. The Sella and his contmdars shall take all safety precamims, famish card install ell guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety ad Health Ad of 1970 cad all tales ad regulations issued pursuant thereto. Revised 03CO10