HomeMy WebLinkAbout102606 4 RIVERS EQUIPMENT LLC - PURCHASE ORDER - 9144306PO
PURCHASE ORDER 914430er Page
C117/ of PURCHASE
4306 1 of 2
Flirt Collins( his number must packing
!-\V`I ` \I 1 1�7 on all invoices, packing
sli s and labels.
Date: 07/29/2014
Vendor: 102606
4 RIVERS EQUIPMENT LLC
1100 E CHEYENNE RD
COLORADO SPRINGS CO 80905
Ship To: WATER UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 07/28/2014 Buyer: DOUG CLAPP
Note: ref. RFP # 7636 Hydraulic Excavators
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 2013JOHN DEERE135G EXCAVATOR
PER QUOTE DATED 7/17/14
2013 JD 135G - $151,509.68
JRB Hydraulic Coupler
C&P 36" Bucket
28" Clamp -on Rubber Track pads
ACE DC36BWP Comnpaction wheel - $6,700
sub -total = $158,209.68
rent applied - ($11,172)
Total = $147,037.68
Dept: Water
Deliver vehicle and title documents to:
906 W. Vine St.
Fort Collins, CO 80521
Contact: Ian or Eric
970-221-6613
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
Total
147,037.68
147.037.68
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Tetras and Conditions
Page 2 of 2
I. COMMERCIALDETAIIS.
Tax exemptions. By salute the City of Fort Collins is exempt tram stale and local taxes. Our Exemption Number is 11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84.6000589 is registered wit to Collector of Failure of de Pumbser to insist upon tern pert ante of the toms and conditions hrnnf, failure or delay to
Inemal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26,114 (a). excise any rights or eemedies provided herein or by law, failure to promptly antify to Seller in the nrnt of a
beach the acceptance of- paymrn, fro goods hereunder or approval ofthe design, shall nol release flue Seller of
Goals Rejected. GOODS REJECTED doe to failure to meat specifications, either when shipped or due to defeat of any of the wartanties or, obligations of this purchoe order and shall not ho dccml a waiver of any eight of the
damage in toured, buy be woumed in you for credit and are at to be mplacl except upon receipt of written purchaser to insist upon strict Portmanteaux, lereofor any of its rights or remedies- m any such goods, a gmdless
instructions from the City of Fort Collins. of when shipped, received or accepted, as many prior or subugnem default hemander, oar shall any purported
oral modification M witiesion of this purchase ooba by the Purchaser operate as a waiver of any of he teems
Inspection. GOODS are subject to the City of Fon Collins inspection on aoyal. heaaf.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
anthmiwd payment on the pan of the City of Too Collins. However, it is m be understood that FINAL Seller and the Purchaser recognize tat in actual economic practice, o eeherges resulting from antimn,
ACCEPTANCE is dependent upon completion of all applicable requird inspection procedures. violations are in fact home by the Purchaser. Theretofore, for gaol cause and ne consideration for executing his
pumbre order, the Sell,, hereby ...tins to the Purchaser any end all claims it may now have or hereafter
Freight Penns. Shipments most be F.O.B., City of Fan Collins, 90 Nand St., Pon Collins, CO 80522, unless acquired under federal or state antitnist laws for such overcharges elating to the particular goods or services
otherwise sped fed on this mda. If p rmisicn is given to aTay freight and charge separately, the original freight purchased or acquired by he Purchaser pursuant to this purchase order.
bill most attammnv invoice. Additional charges for waking will not be reacted.
Shipment Distance. Where manufacturers have distributing points in various pasts of the country, shipment is
expected from the nearest distribution point to destination, and excess freight will be deduaN free, Invoice when
shipments are made tom greater distance_
Permits. Seller shall procure at sellers sole cost all necessary permits, cenifcetes ad licrmat mluirl by all
applicable laws, regulations, radiances and roles of the suite, municipality, memory M political subdivision where
the work is Performed, or equired by any other duty comtimted public authority having jurisdiction over the work
of vendor. Sella further agrees to hold the City of Fan Collins harmless from and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordiwnt rules
and equirements.
Authorization. All parries to this contract agree tat to represeneatives are, in fact, bona tide and process full and
replete authority to bind said parties.
LIMITATION OF PERMS. This Purchase Order expressly limits acceptance to the rem¢ and conditions smtl
herein net farm and any suppleme.l., or additional teen and conditions annexed hereto or inoorimetd hereto by
rrferenm. Any additional or different terms and conditions proposed by seller are objected m and hereby totaled.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immedielely if you cannot make complete shipment to move on you,
promised delivery dole as noted. Time is of the essence. Delivery and performance must be official within the time
stated on the purchase order and he doovmems alaclmed hereto. No acts of he Purchasers including, without
limitation, acceptance rfpartlal late deliveries, shall operate s a waiver of this provision, In to event ofany delay,
the Purchaser shall have, in addition to other legal end equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall no, be liable for damages as a result of delays
due to came. net reasonably foreseeable which ate beyond its reasonable ma,ml and without its fault of negligence,
such ace ofGod, acts aforat or military authorities, govemmadal revenues, ties, strikes, flood, epidemics, wars or
riots provided Char native of the mmditiores -using such delay is given an the Purchsa within fee (5) days of the
time when the Sella first received knowledge termf. In the event of any such delay, he date of delivery shall Is,
extended for he period equal to to time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fir for the puryoses intended, and
performed with he highest degree of care and competence in accordance with accepted standards for work of a
'mfle, nature. The Seller agrees to hold the purchase, hmblcss from any loss, damage or expense which he
Purchaser may suffer or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost to the purchase, any defcn or faults arising within one (I) year or within such longer period of
time m may be prescribed by law or by the terms If any applicable warranty provided by the Seller after the date of
acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, he Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of to foregoing 0counties
or guarantees, but such liability shall in no event include loss ofpro0ts or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE. SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchase, may make change, to legal teems by written change oMer.
5. CHANGES IN COMMERCIAL TERMS.
To, Purchaser may make any changes to the erns, other den legal team, including additions m or deletions from
the quamities origially -derd in the specifications or it—,.., by verml o samen rhan6e oNv. If any such
change affects the ...at due or the time of perfomnana hereunder, an a gotable adjuttment shall Ix ride.
6. TERMINATIONS.
The Purchaser may .1 sty time by women change order, laminate this me etwou as to any or all panions m the
goals ,hen not shipped, subject to any equitable utilitarian between the parties as m any ..,it or material then in
progress provided that the Purchase shall nod be liable far eny claims for anticipated profit On the uneomplaM
portion of the goods arbor work, for incidental or consequential dmnages, and that no such adjustment be rude in
Favor of the Seller with rasped to any goods which me the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller of am of their ad gatime, as to any gaols delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim far adjummcn, must be stetted within thirty (30) days form the date the change or eerrinu on is
ordered.
8. COMPLIANCE WITH LAW.
The Sella warrants that all good sold hereuda shall have been produced sold, delivered and famished in strict
compliance with all applicable laws and minimum in which the good are subjad. The Sella shall execute and
deliver such documents a may be required to effect or evidence compliance. All laws and regulations required m b,
ineorporatd in agreements of his chowder are hereby incorporated herein by this reference. The Sella agrees to
indemnify and hald to Purchases harmless from all costs and damages suffered by to gamesome a a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, O convey his order, fir any monies due or to become due hereunder without the
Prime written consent orba office party.
10, TITLE.
The Seller warrants full, clear and unrestriced title to the Purchaser for at I equipment, materials, and items finished
in performance of this agreement, free and clear of any and all liens, restrictions, reservations, secmdty interest
encumbrances unit claims of others.
13. PURCIIASHES PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller m correct nonconforming or defective goods by a date to be agreed upon by the
purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
May cause the work m be performed by the mot, expeditious at. available m n, and to Seller shall pay all
costs associated wit such work.
The Seller shall release the Patter and in contrecom of any iia from all liability and claims of any .,am
reuniting from the pafarmicam afsuch work.
This ml. shall apply even in the event of fuel, of negligence of the party released and shall emend to the
directors, officers and employees ofsuch pray.
The Solicits contractual obligations, including warranty, shall not be deemed to be reduced, in any way, became
such work is performed m caused eo be performed by he Purchaser.
14. PATENTS.
Whenever he Sella is required to use any design, device, material or process covered by letter, patent, nadenark
or cgVrighl, the Seller shall indemnify and save hnmmless the Purchaser from any and all claims for infringma nt
by reawm Of the use of such patented design, device, material or process in connection with the contract, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to any by mama of such
infringement 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 goods, is in such suit held to constitute infringement and to use of
said experiment or pan is enjoined, to Seller shall, at its own expense and at in option, either procure for he
Purchase the eight m continue using said equipment or parts, replace the same with substantially equal but
rwninfringing capipmem, o, modify a so a becomes noninGm,mi,.
15. INSOLVENCY.
If Fine Sella shall became insolvent or bankmpt, make an recta mmnt for to bracer of crNimrs, signal a
receiver or nusam for any of the Sellers property or business, this Oder may forthwith be cancell by be
Purchaser without liability.
16. GOVERNING LAW.
The defni,ioa oI ter. used or to interpretation of the agreement and the rights of all parties heecader shall be
command under and governed by the laws ofthe Suite of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Re,a menmtive(s), on the premises of others.
❑. SELLERS RESPONSIBILITY.
The Seller shill curry an said work at Seller's own risk until the same is fully completed and acepled and shall,
in se of any accident, destruction or injury to the work and/or materials before Seller's gal completion and
acceptance, complete the work at Seller's awn expense and an the satisfaction of the Purchaser. When materials
and equipment are furnished by others for installation or erection by the Sella, the Seller shall receive, unload.
,matt and handle same at the site and become espoaible therefr as ,hough such materials and/or ammucm
were being tmishd "a Sella under he robot.
19. INSURANCE.
The Sella shall, at his own expense, provide for the payment of workers compensation, including nompatioral
dousee benefits, to in employees employed oo or in connection with the work caved by this Purchase order,
radar la their dependent, in acroobance with the laws of ehe We in which the work is to be done. The Sella
shall also carry compreheushe general liability including, but not limited to, camranual and automobile public
liability no-canee wit budd, injury and death limits oFar Ica., S300.003 for any one person, S500.00o for any
one accident and property damage limit Per accident of 5400,000. The Seller shall likewise sequire his
contractors if any, m provide for such compeaafion and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall famish the P ambecter with a certificate
tar such compensation cad insurance have been provided Such certificates shall specify to date when such
compensation and insurance have been provided. Such cenificams shall specify the date when such compensation
and insurance expire. The Seller agrees that such compensation and iaumnce shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAI NS 1ACCIDENTS AND DAMAGES,
The Seller hereby assume the entire respoadallty and liability For any and all damage, Ins, or injury of any kind
or nature whosoever to persons or property caused by or esulting from the execution ofthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchase and any
or all of the Purchasers officers, again and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or prepay, to which to Purchsser may
be put or subject by reason of any act, action, neglect, omission or default on to pan of he Seller, any of his
commit or any of to Sellers or contactors officers, agents or employees. In case any suit or other
proceedings shall b, brought against the Purchaser, or its officers, agents or anploDms at any time on account or
by reason of any act, action, swdo , omission or default of the Sella of my of his summers or any of its or
thew oRcers, agents or employees a alorcssid. to Sella hereby agrees to assume to defense thereof end m
defend to stem in the Sellers over, expense, m pay any and all cosh, charges, attract f sad ocher expenses,
any and all judgments tut may be internal by or obtained .gout the Purchaser or any of in or bar oMet.,
agent a employees in such suits or other proc a.,, and in rase judgment or other lien be placed upon or
obained against he property ofthe Purchases, or said parries in or Is a result of such suits or oha procedings,
the Seller will at once crow the some to be dissolvl and dischargl by giving bond or oehewise. The Seller and
his contractors shall take all safety precautions, f ish and iamll all guard necessary for the pevabo r of
accidents, comply with all laws ad Mutations with regard to safety including, but without limilation, the
Occupational Safety and Health Act of 1970 and all ales and regulations issued pusumt thereto.
Revised 07n014