HomeMy WebLinkAbout482528 BOBCAT OF THE ROCKIES - PURCHASE ORDER - 9144083Fort Collins
Date: 07/21/2014
Vendor: 482528
BOBCAT OF THE ROCKIES
PO BOX 844216
DALLAS TX 75284-4218
PURCHASE ORDER
PO Number Page
9144083 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: 07/18/2014 Buyer: DOUG CLAPP
Note: replaces unit # 32008
Line Description Quantity UOM Unit Price Extended
Ordered Price
NEW BOBCAT S770 SKIDSTEER LDR 1 LOT LS 40,898.00
per quote dated 6/23114
from Joe Domanik
sub -total - $66,798.36
Dealer PDI - $450.00
Freight - $976.60
Dealer Assembly - $52.50
Trade in - 2002 Case 90XT unit# 32008 - $4,000
Bobcat discount - $11,689.71
Dealer match - $11,689.71
Quote Total - $40,898.04
Dept: Streets
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.com
Total
Pay terms net 30 days
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. COMMERCIALDETAIIS.
Tan exemptions. By statute the City of Fort Collins a exempt from sum and local taxes. Our Exemption Number is
98-04502. Fdeml Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Colleclnr of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Station 1973, Chapter 39-26.114 (a).
Goods Rejected, GOODS REIECfED due to failure to meet spedfiations, either when shipped or due to defects of
dnnage in trar:sii, may be rearmed to you for credit and arc not to be replaed except upon receipt of wriaen
uncommon from the City of Fort Collins.
Inspection. GOODS are subject to the City of Pan Collins inspection on arrival.
Final Acceptance. Receipt of the merchvMise, sanction or equipment in mpotrse to this order Leon result in
authorized payment on the Pan of the City of Fan Collins. however, it is to b, understood that FINAL
ACCEP I ANCE is dependent upon completion of all applicable required inspection procedures.
Freight Tetra. Shipments mast be FOR., City of Fort Collins, 700 Woad St., FELL Collins, CO 90522, unless
otherwise specified on this order. If permission G given to prepay freight and charge sepammly, the original freight
bill must mrsom anv invoice. Additional charges for eackine will not be accented.
Shipment Distance. Wbere manut'acturen have distributing Points in vanows parts of the country, shipment is
expected from the nwmt distribution point to destination, and excess freight will he deductrd from Invoice whm
shipments are made I'mm greater distance.
Permits. Seller shall procure al sellers sole cost all necessary permits, adificates and licenses required by all
applicable law,. regulanums, ordinances and roles ofer state, municipality, mmtory or political subdivision where
she work is performed, or required by any otMr duly romtitumd public authority havingjuriadetion over the work
of vendor. Seller further agmn to hold the City of Tom Collins harmless from and against all liability and loss
incurred by them by reason of an sowed or established violation of any such laws, regulations, ordinances, roles
and requirements.
Autlromention. An parties to this contract agree that the representatives am, in fact bona tide and possess full and
complete authority to hind said panes.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions Sutd
heroin set forth and may supplemenmry or additional term Lail conditions annexed hacto ar incorpommJ herein by
reference. Any additional or different terms and conditions proposed by seller are obje ced to sm hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
marooned delivery dale as noted. Time is of the essence. Delivery vnd performance most be eBcemd within the time
stated on the purchnv order and the documents attached harem. No acts of the Purchasers including, without
limitation, acceptance of partial Imo deliverin. shall operate a a wanner of this provision. In the event of my delay,
the Purchaser shall have, in addition 1. ater Ingrid and equitable modes, the option of placing this order elsewhere
end holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays
doe nut causes not reasonably forceable which are beyond its reasonable control and without its fault of negligence,
such acts of God, acts ofeivil or military authorities, governmental priorities, fires, strikes, Road, epidemics, area or
non provided that notice of the conditoas coming such delay is given to the Purchaser within five (5) days of me
tame when the Seller for received knowledge thereof In one event of my such delay, the dam of delivery shall be
extended for the period ryual to the time actually lost by rmvn ofh delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materia , and work covered by his order will conform with applicable
amounts, specifations, samples maker other descriptions, given, will he fit for the purposes intended, tied
performed with the highest degree of care and competence in accordance with accepted standard for work of a
'miler nature. The Seller agree to hold the patch.... M1amless from any loss damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of warant, The Seller shall replace, repair or make
good, wiNom casran the Purchaser, any defects or facts arising within one (1) year or within such longer period of
time as may be parented by law or by the term ofeoy applicable warranty provided by the Seller oiler the dam of
acceptance of the goods famished hermnder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or comerink famished by the Sella Acceptance or use of good by the Purchaser shall not
constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order. the Sellers
liability homemaker shall extend to all damages primitively Largest by the breach of my of the foregoing wmmom
or guarantees, but such liability shall is no mint include loss of profes m loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR Or FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes ao legal an. by women change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any charges to the terms, other than legal terms, including add,tions to or deletions from
the flu^critics origmAly ordered in the "t.ilicuumns or dmwi, by v.man .1 Inaten change Order. If any such
change affectsfine amount due or the time of performance hereunder, an equitable adjutment shall be rode.
6. TERMINATIONS.
The Purchaser may ;it any time by written change order, terminate this agreement as to any or all portions of the
bonds then of shi,MI, subject to any equitable adjustment between the parties as to any work or nationals then in
progress provided that the Purchaser shall not be liable for any claim for anticipated profis on the uncompleted
Portion of Ne good snkor work, for incidental or cnaeque atoll damage, rod that no such adjusment be made in
favor of the Seller with respect to any good which are the Sellers standard stack. No such mmrimvtion shall relieve
the Purchaser or the Seller ofany of their obligations as to any good delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for ndjusonam, must be .,it within merry (30) days Item the dam the change or Iemnimmtion is
ordered.
S. COMPLIANCE WITH LAW.
The Seller warrants that all gown said hereunder shall have been produced, sold, delivered and f ished in strict
compliance with all applicable Loss and regulations to which the goods am subject The Seller shall execute and
deliver such documents as may be mluird to elf t nr evidence compliance. All laws and regulations required no br,
ncorpommd in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damage suffered by the Purchaser as a rub of the
Sellers failure an comply wiN such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or f become due hereunder without the
prior written consent of the other party.
10. TITLE.
The Seller so mess full, clear and unrestricted title an one Purchaser for all equipment, arterials, and items mold eel
in per6mmnw of this agreement, free and clear of any and all liras, Emotions. reservations, aecunty interest
encumbrances and claims of others
ILNONWANER.
Failure of the Purchaser to insist spun .in performance ortha aster and conditions heouff failure or delay to
any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach exercise
azcmtance of in payment for good hereunder no approval ofdme design. shall rot release the Seller of
any of Her worramies or obligations of this purchase order and shall na be dinned a waiver of Lucy right of the
Purchaser to insist upon strict performance forced or any of its rights or remdies as to any such good, regardless
of when shipped, received or accepted, as to any prim or subsequent default hereunder, nor skill any purported
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tom s
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting Jim. aenivust
violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for examming this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hemeafler
acquired under fNeral or sate antiwst laws for such overcharges relating to the particular goods or services
purchased or acquired by the Pumhaseepursaant m this perehase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or def rive good by in date to be agreed upon by the
Ptuchsstt and the Seller, and the Seller thncaRer indicates its inability or unwillingness to comply, rise Prommor
may cause the work to be performed by the most expeditious morns available to it, and the Scller shall pay all
cos¢ asmimed with such work.
The Seller shall release the Purchaser and its commerors of my tier from all liability and claims of any nature
resulting from the perfomauce, ofsuch work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, officers and employees of such patty.
The Seller's committed obligations, including community, shall not be deemed to be reduced, in any way, because
such work is performed or caned to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to cone any design, device, malmal or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purehaser from any and all claim for infringement
by reason of the use of such patented design, device, material or process in connection w'iN the mntmet, 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 prosecution or tiller the completion of the work. In case said equipment, or
any pan Ihcreof or the intended use of the goods, is in such suit held m moratorium infringement and that, use of
said equipment or pan is joined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right to continue using said Equipment or pars, regime the vine with substantially equal bur
mardiGnging equipment, or modify it so it becomes noninGnging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankmpt make an assignmear for one benefit of creditors, appoim a
receiver or terms for any of the Sellers property m business, this under may faMwllh he canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions officious used or the interpmation ofthe agreemmt and me rights of all ponies hameander shall be
comtroed under and Succeed by the laws offer Some ofCoemdo, USA.
The following Additional Conditions apply only in cases
where the Seller is to perform work hereunder,
including the services of Sellers Reprcunative(a). on the peromises ofofrs.
17. SELLERS RESPONSIBILITY.
The Seller shall carry oa said work at Se11Ms own risk until the vine is fully compled and accepted, and shall,
in x of my accident, destruction or injury to the work andur materials before Sellers final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials
and equipment are fmuhd by others for installation or erection by the Seller, the Seller shall receive, unload,
score and handle more at me site and become responsible therefor as Earth such materials .&or equipment
were being( ishd by the Setter under he order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the Payment of workers compensation, including occupational
disease benefits, to am employees employed on or in connection with NP work covered by this purchase order,
armor to their dependent, in accordance with the laws of the sure in which the work is to be done. The Seller
shall also carry comprehensive general linbiliry including, but not limited to, contractual and :nnomobile public
linbiliry insurance wi h MuWy injury and death limits or at least S300,000 for any one person. E500,00(y fur any
one accident and property damage limit per accident of S400,000. The Seller shall likewise requite his
conarrations, if any. In provide for such compensation and insurance Before any argue Sellers m his contractors
employees shall do any work upon the premises of others, the Seller Shall fiunish the Purchaser with a certificate
that such compensation and in a have been provided. Such ondifn:ates shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insuraace shall be, maintained ami after dne
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the =tire responsibility and liability for any and all damage, loss or injury ofany kind
or wane whatsoever to persons or property caused by or resulting tram the execution ofNe work provided for N
Nis purchase order or in man=lion herewith. The Seller will indemnify and hold ha nit. the Purchaser and any
or all of the Purchasers officers, agents and employees from and against any and all claims, lesson, damages,
charge or expenses, whether direct or indirect, and whether to persons or property to which the Purohaer may
Fit put of subject by mason of any no, action, neglect omission or default oa the part of the Seller, any of his
mnuictors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other
proceedings shall be brought against the Purchaser, at its offices, agents or employees at any time an account or
by reason of any act, action, nel lm, omission or default of the Seller of any of his contractors or any of its or
their oRcers, agents or employees as aforesaid, the Seller hereby agrees to assume fire defense thereof and to
defend the vine in the Sellers own expeme, to pay any and all casts, charges, attorneys fees and other expresses,
any and all ju l cones that may be insured by or obtained against the Purchaser or my of its or their officers.
agents or employees in such suits or other proceedings. and in case jutlpn=t or other lim be placed upon at
obtained against the property of the Purchaser, or mid parties in or a a result of such suits or other proceedings,
the Seller will at once one the same in be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, famish and install all gaud necessary for the prevention of
accidents, comply with all laws and regulations with regard he safety maturing, bat without limitation, the
Comptional Safety and Health Am of 1970 send all roles and regulations issued personal thereto.
Revised 07n014