HomeMy WebLinkAbout354490 JOHN DEERE CO - PURCHASE ORDER - 9143348Fort Collins
Date: 06/13/2014
Vendor: 354490
JOHN DEERE CO
2000 JOHN DEERE RUN
CARY NC 27513
PURCHASE ORDER
PO Number Page
9143348 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: WATER TREATMENT PLANT #2
CITY OF FORT COLLINS
4316 W LAPORTE AVE
FORT COLLINS CO 80521
Delivery Date: 06/13/2014 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
I John Deere CX15 Flex -Wing
1 LOT LS 16,971.57
Rotary Cutter - 1000 RPMStump Jumpers - Single Suction Blades
Contract: National Purchasing Partners (NPP) Lawn 8 Landscape Equipment
Per Quote # 9766013, Dated 05/29/2014
Dept: Utilities - Source of Supply
Deliver equipment and documents to:
Fleet Serivices Shop
906 W. Vine St.
Fort Collins, CO 80521
Contact: Ian or Eric
ph# 970-221-6613
•' Please call 24 hours prior to delivery"
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
Total
Invoice Address:
i[:�1fi1
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
1. COMMERCIALDEFAILS.
Tax exemptions. By smmm the City of Fort Collin is exempt firm stale and local taxes. Om Exemption Number is
mr,J4502. Fedeml Excise Tax Exemption Cathie. of Registry 84-6000581 is registered with the Collector of
Internal Revenue, Hoover, Colorado (Ref Colorado Raised Statutes 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure to men spaifications, either what shipped or due to defects of
damage in drown, may be resumed to you far credit and me aim to be ¢altered except upon receipt of scratch
instructions from rise City of Fort Collins.
Inspection, GOODS are subject m the City ofFort Collins inspection on vertical.
Final Acceptance. Receipt of the merchandise, se rd r equipment in marrow to this oer can,exult it
authorised payment on the part of the City of Foe Collins. However, it is to be understand ,hutFINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight Term. Shipments must be F.O.B., City of Fun Collins, ]oo Wood St., Fon Collins, CO 80522, unless
otherwise specified oa this order. If permnsum is given to prepay freight and change separately, the original (night
bill mat mmmpany invoice. Addiriewl charges far packing will nor be semi .
Shipment Distance. Where momfac erers have distributing points in carions pans of the country, shipment is
expected firm the nearest distribution prim to destination and ewers freight will Iw deducted firm Invoice when
shipments ere made firm greater distance.
Permits. Sclla shall procure at sellers sole cost all necessary permits, cenifiwtcs and licenses required by all
applicable laws, regulations, ordinances and rules of the stare, municipality, lemirery or political subiivision where
,he weak is performed, or required by any other duly constituted public authority having jurisdiction over the wad
of vcrdor. Seller further agrees to hold ,he City of Fun Collins harmless firm and agaiw all liability and lass
anal by them by reasan of an msened or established violmlan of any such laws, regulations, ordinances, rules
and nect iranents.
Authmimtion. All parties to this contract agree that the reprcmucalwos arc, in fact, From fide and possess full and
complete authority to bind said ponies.
LIMITATION OF TERMS. This Purchase Order enpossly limits acceptance W the it. and conditions sorted
herein set forth and any mapplemenmry or afi itioml terms and conditions armexed hereto or incorporated herein by
reference. Any additional or different team and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediamly if you cannon make complete shipment m arrive on your
Promised delivery date as noted Time is of the co me. Delivery and performance must he elected within the time
cone oa the perchmn order said thc daaroarms attached herein. No acts of the Purchasers including, without
limitation, acceptance of portal late deliveries, shall operate w a waiver o this provision. In the event army delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere
and holding the Seller liable for damages. However, the Sella shall not be liable for damages as a ruin, of delays
due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence,
such arts of God, acts ofcivil or military nutheriries, govemmemml prionaw, fires, strikes, flood, epidemics, wars or
riots provided that notice of the conditions coming such delay is given to the Purchaser within Five (5) days or the
time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended fur he period equal aside, it., actual ly lust by reason of the delay.
3. WARRANTY.
The Sella warrants that all good, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples amCor other descriptions given, will he fit for the purposes intended, and
performed with the highest degree of care arad competence in accordance with accepted standards for work of a
saris, nature. The Sella agrees m hold the pumhssom harmless from my lass, damage or e.paw, which the
Purchases may stiffer., incur on, i ce. of the Sella breach of.,. The Seller shall replace, repair or make
good, without con m the pur thaw" my defers or faults owing within mete (1) year or within such longer pmod of
time as maybe Frustrated by law or by the morn of my applicable earmnry provided by the Seiler after the date of
acceptance of rise goods finished hereunder (acceptance not to be immeasurably delayed), resulting firm imperfect
or defative work done or matmals Famished by the Seller. Acceptance or ace of goods by the Purchaser shall out
omdimm a waiver of any claim under this warranty. Except as otherwise provided to this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by rise breach of my of rise foregoing wwrentio
or guarantees, but such liability shall in no event include lots of p,.fi,v or loss of use. NO IMPLIED WARRANTY
OR M ERCI IANTADILITY 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. CI IANGES IN COMMERCIAL TERMS.
The Puralmscr may make any changes to the terms, other than legal laws, including additions to or deletions from
the quarouies originally ordered in the speci licatirm or drawings, by verbal or written change order 11 any such
change affects the amount due or the time ofpafmmence hereunder, an equitable adjustment shall de made.
ATERMINATIONS.
lie Purelssser may as any time by wrincn change order, warrinside this agreement as to any or all promess of the
goods then roc shipped, subject to any equitable Wjuamatt between the parties res to my work or materials then lo
progress provided that the Purchases shall rat w liable for any claims for anticipated porNs on the uncompleted
portion of the goods mallor work, fir incidental or consequential damages, and but em such edjwtmend be made in
favor of the Seller with respect many goods which arc the Sellers s adard stock_ No such termination shall reline
the Purchaser or the Seller of my oftheir obligations as to my good delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any chum for adjustment most Iso msened within thins (30) days from the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller we.,, that ail good sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and reguldiom ,o which the goods are subject. The Seller shall execute and
deliver such docuum n , is may be required to effect or evidence compliance. All laws and regulations required to Iw
incoryoaeed in agreements of this character are heeby incorporated herein by this reference. The Seller agree in
indemnify and hold the Purchmer harmless from all ewes and damages suffered by the rowhaver as a result of rise
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, hmmfer, or convey this order, or my monies due or m became due hereunder without the
poor written consent ofNe other party.
10. TITLE.
To, Seiler woman1, full, clear and umescricted title to the Purchmer for all equipment, materials, and items ftlmnhed
in perfurmmce of this agreement, free and clear of any and all lima, rwoichow, reservations, security interest
encumbrances and claims ofothers.
I L NON WAIVER.
Failure of the Purchaser a insist upon shin performance of the terms mM auditors, hereof, failure or delay to
exercise any rights or socialist provided herein or bylaw, failure to promptly ratify the Seller in the even, of a
breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of
any of the warranties or obligations of this purchase order and shall not be dremcd a waiver of say right of the
purchaser to insist upon strict performance hemofor any of its rights or remedics to to any such goads, regardless
of when shipped, received or accepted, m to any prior or subsequent default hereunder, nor shall any purported
oral modification or rescission of this purchase order by the Pumhacer operate as a waiver of any of rise terms
hereof
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recagnim that in actual economic practice, overcharges resulting from antitrust
violations are in fact bone by the Purchaser. lheremfore, rforgood came and us consideration for executing this
purchase coda, the Seller hereby wsigm to the Purchaser any unit all claims it may now have ad hereafter
ncquired under frdeal or state national laws for such overcharges relating to the particular goods a, services
purchased or acquired by rise Purchaser pursmd to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser direts the Sella to correct nonconforming or defective goods by a date to be agreed upon by rise
Puochattr and the Seller, and the Sella thereafter indicates its ismiliry or unwillingness to comply, the Parcbaser
may ease the work to be perforated by he most expeditious means available m it, and the Sella shall pay all
costs associated with such work.
The Seller shall release the Purchaser and its contractors of any tier tram all liability and claims of any whom
walling from the performance of such work.
This relewe shall apply even in the event of fault of negligence of the Truly released and shall extend to the
directors, of icas and employees cfsuch unity.
The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, became
such work is performed or caused to be pafrmed by the Purchmer.
14. PATENTS.
Whenever the Sella is acquired to me any design, device, material or process covered by lever, paanL Irademmk
or copyright, the Seller shall indemnify and save harmless the Purchases form any and all claims for infringement
by remain of the use of such ptmred design, device, material or process in causation with rise contract, and
shall indemnify the Purchma (or any sort, expense or damage which it may be obliged to pay by reason of such
infringement al any time during the prosecution or for the completion of the isms. In case said equipment, or
any pan thereof or the intended use of the goods, is in such suit held a comliwm infringement and the me of
said equipment or pan is enjoined, the Seller shall, al its owns expense and at its option, either procure for the
Purchxcer rise right to continue wing said equipment m pans, replace the same with substantially equal but
noninfnnging equipment, or modify it so it becomes noninfnging.
15, INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the wnefil of creditors, appoint a
remover or brume for any of the Sellers property or business, this order may forthwith be canceled by the
Pv chaw, without liability.
16. GOVERNING LAW.
The definitions of terms used or the interpretation ofthe agreement and the rights of all panics hereunder shall be
construed under and governed by the laws of the Sate ofColamdo, USA.
The following Additional Condidiow apply only in cases where the Sella is to perform wok hereunder,
including she services ofsellers Revsee ontive(s), con the premises orate..
17. SELLERS RESPONSIBILITY.
The Sella shall arty on said work at Sellers awn risk until rise Barra is fully completed and accepted, and shall,
in use of my accident, destruction or injury to the work andor materials before Sellers furl completion and
acceptance, complete the work as Seller's own expanse and to the sammaion of the Pachucr. When materials
and equipment me furnished by others for installation or erection by the Sella, rise Sella shall receive, unload,
store and hurdle same at the site and become responsible therefor as though such materials and/or equipment
were being famished by the Seiler under the order.
IS. INSURANCE.
The Seller shall, at his awn expense, provide for the payment of workers compensation, including oc uparimed
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
and/or to their dependents in accordance with the laws of she state in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contranud and outamobile public
liability insurance with buddy injury and death limit, of at least 334g,ma for any one person $500,000 for any
one accident and property damage limit Per accident of 5400,000. The Seller shall likewise require his
if my, to provide for such compensation and insurance. Before my of the Sellers or his contactors
employees shall do my work upon the premises of others, the Seller shall famish rise Purchaser with a cenificale
that such cumperaation and imumnce have been provided. Such cenifientes shall specify the date when such
compensation and imprmme have been provided. Such cerfficmw shall specify the date when such consummation
and iwumnce expires. The Seller agrees that such compeer. Lion and insurance shall be maintained until after the
entire work is completed and acceded.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind
or nature whatsoever to persons or property caused by or resulting from the execution ofsfie work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
or all of the Purchasers officers, agents and employees from and against my and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchmer may
be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, my of his
contmcom, or any of the Sellers or contractors officers, agents or employees. In cast any suit or other
proceedings shall be brought against the Purchaser, or its aticas, spends or employees at any time on recount or
by mason of my act, action. neglect omission or default of the Seller of my of his ammo tms or any of its or
their officers, agents or employees w aforesaid, the Seller hereby agrees in assume the defense hereof sail to
defend the same at the Sellers awn, expense,,a pay my and ail ewes, charges, amermys fees and colter expenses.
any and all judgmatts tat may be incurred by or obtained against the Pmchwer 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
assured against the property fthe Purchaser, or said parties f or as is recur of such suits or other porccrdlogs,
the Seller will at more cattle the sane to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, famish and install all guards necessary, fm the pieventon of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, rise
Occupational Safety and Health Act of 1920 and ail roles and regulations issued pursuant thereto.
Revised 03Q010