HomeMy WebLinkAbout102606 4 RIVERS EQUIPMENT LLC - PURCHASE ORDER - 9143552Fort Collins
Date: 06/24/2014
PURCHASE ORDER
Vendor: 102606
4 RIVERS EQUIPMENT LLC
1100 E CHEYENNE RD
COLORADO SPRINGS CO 80905
PO Number Page
9143552 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: STREETS DEPARTMENT
CITY OF FORT COLLINS
625 NINTH STREET
FORT COLLINS CO 80524
Delivery Date: 06/24/2014 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 ACS RAIL 82" FRONT MOUNT ADJ
Alignment Railcar Coupler
ref. quote dated 5/12/14
per Brett B.
Dept: Streets
Deliver equipment and documents to:
Streets Vine Drive Shop
625 Ninth St.
Fort Collins, CO 80524
Contact: Ian Janeic and Neal Jaspers
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:pumhasing@fcgov.com
1 LOT LS
9,205.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Tents and Conditions
Page 2 of 2
1. COMMERCAV, DETAH S.
Tax exemptions. By stature the Ciryof FortCollies is ex,mpt from slue and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Cedifcam of Registry 86-6000587 is registered with the Collector of
Interim Revenue, Denver. Colorado (Ref. Colorado Revised Stututn 1973, Chapter 39-26,114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specificrtiotss, either when shipped or due to defects of
damage in transit, may be returned to you for credit and we not to be replaced except upon receipt of written
nun chess, fmm the City of Fort Collins.
Inspection. GOODS arc subject to the City of Fort Collins inspection on Out
Final Acceptance. Receipt of the merchandise. services of equipment in response to this order can result in
remonsed payment on the pan of the City of Fan Collins. However, it is to be understand that FINAL
ACCEPTANCE is dependent upon completion of all applicable mr,mad inspection procedures.
Freight Terms. Shipments most be F.O.B., City of Fan Collins, 70h Wood St., Fan Collins, CO 80522, unless
otherwise specified on this order. If permission is given re prepay freight and charge separately, the original freight
bill most accompany answer. Addiniovl charges for packing will not be accepted.
Shipment Distance. WTem manufacturers have defbuting points in cation pas of the country, shipment is
expected fmm the neaten distribution point to destination, and excess freight will be deducted from Invoice when
shipments are made from greater distance.
Permits. Seller shall procure n, sellers sole cost fill necessary permits, cenifickes and licenses required by all
applicable laws, regulations, ordinances and odes afthe sate, municipality, mmtory 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 fuller agrees to hold the City of Fort Collins harmless from and against all liability and loss
incrarad by them by reason of an assured or established violation of any such laws, regulations, whiteners, ales
and requirements.
Authoritarian. All pain a His contract agree that the representatives are, in fact, bona fide and possess full and
complete authority m bind said ponies.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set forth and any supplememmy or additional coma and condidwo annexed hereto or incorporated herein by
reference. Any additional or dllicant barns and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE. PURCHASING AGENT immediately afyou cannot make complete shipment to mot on poet
pannused delivery data as noted. Time is of Ne essence. Delivery and pcaurmance must be enacted within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limibaian, acceptance mi'mm it 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 equitable remedies, the option Orphism, this aNer elxwhete
and holding the Seller liable for damages. However, the Sell,, shall not be liable for damages as a remit of delays
due to causes act easonably foreseeable which are beyond its reasonable control and without its foul, of negligence,
such new of God, acts of civil or military authorities, govemmenral priorities. fires, strikes, noW, epidemics, wars or
riots provided that notice of she emulations causing such delay is given to the Purchaser within five (5) days of the
time when me Seller f r recend knowledge therm[ In the event of any such delay, the date of delivery shall be
extended for the pan d mind to the time actually lost by reason of me delay.
3. WARRANTY.
The Seller wamuna that all goods, aides, mammals and work covered by this order will beef.. with applicable
drawings, specifications, samples mWor other description given will be fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted sbndar& for work of a
miler nature. The Seller agrees to hold the purchaser harmless fmm any loss, damage or expense which the
incur
Purchaser may super or on account Office a mry. Th e Sellbreach ofwan. e Seller shall replaca, repair w make
good, without cast to the purchaser, any defects or faults mixing within one (1) year or within such longer period of
time as may he prescribed by law at by the tames of any applicable warranty provided by the Seller after the date of
acceptance of me goads Famished hereunder (acceptance nano be unreasonably delayed), resulting from imperfect
or defective work dune or materials f nnishd by the Seller. Acceptance or now of gods by the Purebnser, shall not
continue a waiver of any claim under this warmmy. Except as oUerwise provided in this purchase order, the Sellers
IiabiI of harewder shall extend m all damages pa urea ely caused by the breach of any of the foregoing warranties
or gwomnttts, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal tern by written change aNer.
5. C14ANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the tears, other than legal teats, including additions to or deletions from
the gnnnfire, naturally ordered m the Nwrilicmiarc or drawings, by verbal u dt Gil change me, If any such
W
change affects the amount due or the time al performance hereunder, an equitable ndjrmmem shall be made
6. TERMINATIONS.
The Purchaser may w any time by written change order, revenues, this agreement as as any or all portion of the
goods then not shipped, subject or any equitable adjraand between me parties as to any work or maarrod, men in
progress provided that the Purchaser shall rest be liable for any claims for anticipated pmfirs on me uncompleted
portion of the good sailor work, for incidental or consequential damages, and that m such djntment he mile in
favor of lh, Seller wire respect to any goods which sue the Sellers wadaN stock. No such tmnirretion shall relieve
the Purcbnur or the Seller of any ofNeir obligations as to any goods delivered hereunder.
9. CLAIMS FOR ADJUSTMENT.
Any claim for ndJnrment most be assail within shim (30) days fmm me dam me change or maturation is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all gods sold hereunder shall have been produced, sold, delivered and famished in strict
compliance wad, all applicable laws and regulations In which me goads are subject The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulaion required to he
ncorpomted in agreements of this thruster am hereby incorporated herein by this reference. The Seller agates m
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchases as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither Party shall assign, kwmdE,, or time, this and", of any mmi due or to become due hereunder without the
prior written consent ofine outer party.
10. TITLE.
The Seller warrens Fall, clear and unresNcted title to me Purchaser f all equipment mnterif tub items Famished
in performance of thas agreement, free and clear of any and all liens, restrictions, enervation. secudry interest
encumbrances and claims ofohows.
11. NON WAIVER.
Failure of the Pureluur to insist upon strict performance of the terms and conditions here-C failure or delay to
exercise any fights or remedies pavid herein or by law, failure to pmmprly notify me Seller in the event of a
breach, the acceptance of or payment for goods hereunder or approsal ofine design, shall not release me Seller 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 hereof of any of its rights or remedies as to any such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
oral modification or rescission of thus purchase order by the Purchaser operate as a waiver of any of the awns
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognim that in actual economic practice, overcharges resulting from antitrust
Arkansas are in fact home by the Purchase, Thamof es for good cause and as coesideration for executing this
prchose order, the Seller hereby assigns to the Purthal any and all claims it may now have or hereafter
acquired made, federal or same mtimat laws for such o anclem n reladog a We Particular good or sender
purchased or acquired by the Purchaser pummat to this purchae maker.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
IfNe Purchaser directs the Seiler a comet nanconforming or dvertive goods by a date in be gred upon by Bob
Purchaser and the Sclkp and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may muse the work to be performed by the most expeditious means available to it, and the Seller shall pay all
casts 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 e'en in the event of fault of negligence of the party released and shall extend to the
directors, officrrs and employees absinth party.
The Sellers com actual obligations, including warranty, shall not be deemed to be reduced. in any way, because
such work is performed or caused as be performed by Be Purchaer.
14. PATENTS.
Whenever the Seller is tryuimd muse any design, deice, material or process cm'erd by letter, patent trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser fmm any and all claims for infringement
by reason of the use of such patented design, device, material or process in connection with the content,, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the mowers am or offer the complexion of the work. In case said equipment, or
any pan thereof or the intended use of the goods, is in such stir held to constitute infringement and the use of
said equipment m pan is enjoined, the Seller shall, in its awn expense and 0 its option, either procure for the
Purchaser the right to continue wing said yuipment or pas, replace me same with substantially equal but
noninfdnging equipment, or modify it so it becomes noniufnging.
15. INSOLVENCY.
if the Seller shall became insolvent or baNrrvps, make an assignment for the bawfit of creditors, appoint a
or trustee for any of me Sellers pmperty or business, Otis order may forthwith be canceled by me
Purchaser without liability.
in. GOVERNING LAW.
The definition afar. tssd or the interpretation fthe a,mannem and Or rights of all ponies hereunder shall W
consuved under and governed by the laws arm, Sure of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Represenative(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall,
in u of my accident destuation or injury as the work matter materials before Sellers final completion and
acceptance, complete the work at Sellers awn expense and to Ne satisfaction of me Purchaser. When matenak
and equipment are famished by others for installation or mention by dba Seller, me Seller shall receive, ualood,
store and handle same at the site and become responsible Nerefor as though such materials and/or equipment
were being fumishd by me Seller taker me maker.
18. INSURANCE.
The Seller shkl, at his own extreme, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work mvered by this purchase at
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 tarty comprehensive general liability including, but nor limited to, contractual and automobile public
liability insurance with Wilily injury vad death limits of A least SJou.00 for any one person $5oo,000 G+r any
one accident and progeny damage limit per accident of s40g000. The Seller shall likewise require his
contractors. it any, to provide for such compensation and insurance, Before any of the Sellers or his contractors
employers shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate
that such compensation and announce have been provided Such cmificmes shall specify the date when such
ompcnsation and assurance have been provided. Such certificates shall specify me date when such compensation
and insurance expires. The Seller agrees that such compensation and inww—cc ideal be mainaioc l until after me
entire work is completed sad acceprd.
in. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire respoasmiliry and liability for any and all damage, loss or injury of any kind
at mature, whatsoever to person or pmperry coused by or resulting from me execution affiliate work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Puchaser and any
r all of the Purchasers offices, agents and employees fmm and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether b person or property to which the Purchaser may
be put or subject by teaeon of any act, action, neglect, omission or default on she pa 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 officers, agents of employees at any time on account or
by reason of any act, action, neglect omission or default of she Seller of any of his contractors or any of its of
meter aflicem, agents w employees as aforesaid, the Seller hereby agrees to assume she defense thereof and to
defend the same at the Sellers own expense, a pay any and all casts, chmgn, attorneys fees and other expenses,
my and all judgments that may be incurred by or obtained against me Purchaser or any of its or their officers,
agens or employees in such suits or Omer proceedings, and or sort fragment Or oche, lien be plated upon or
andood against me pmperry of the Purchaser, or said pain in or as a result ofsach suits or order proceedkgs,
the Seller will as once cause the same an be dissolved and discharged by gvan, bond or otherwise. The Seller and
his contractors shall take all safety precaurion, furnish and intall all gaauis nmesvry for the prevention of
accidents, comply with all laws mad regulation with regnak a safety including, but without limimtion, the
Occupational Safety and Health Act of 1970 and all miles and calcium. issue pursuant memo.
Revised 0342010