HomeMy WebLinkAbout354490 JOHN DEERE CO - PURCHASE ORDER - 9145015Fort COMM
Date: 09/09/2014
Vendor: 354490
JOHN DEERE CO
2000 JOHN DEERE RUN
CARY NC 27513
PURCHASE ORDER
PO Number Page
9145015 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: NATURAL AREAS
CITY OF FORT COLLINS
1745 Hoffman Mill Road
FORT COLLINS CO 80522
Delivery Date: 08/29/2014 Buyer: DOUG CLAPP
Note: reference NJPA Ag Tractors and/or Impl_031711-DAC
contract
replaces unit # 3461
Line Description Quantity UOM Unit Price Extended
Ordered Price
JD 6125R Cab Tractor 1 LOT LS 93,303.98
per quote # 10223328
dated 8/29/2014 from ,.
Keenan Gaab
Dept: Natural Areas
Deliver Equipment and title documents to:
Fleet Services Shop
906 W. Vine
Fort Collins, CO 80521
contact: Gregor Eric at
ph# 970-221-6613
" Please call 24 hours prior to delivery "
Delivery hours 7:30am to 3:30Dm
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 $93.303.98
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. COMMERCIAL DETAILS.
Tax exemptions. By statute the Ciry of Fan Collins is exempt from state and local taxes. Our Exemption Number u
98-04502. Federal Excise Tax Exemption Cenificaa of Registry 84-6000587 u registeod with the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stators 1973, Chapter 39-26, 1 PI (a).
Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped Or due to &fee. of
damage in transit may be transit to you for credit and are not to be replaced except upon receipt of wriven
instructions from the City of Fort Colinas
Imposition. GOODS are subject to Me City of Fort Collins inspection on arrival.
Final Acceptance. Receipt of the merchandise, sem or equipment in oulae to this order canresult in
authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon c uar,he tan of all applicable required inspection procedures.
Freight Trans. Shipments most be F.O.B., City of Fort Collins,'RIO Wood St., Fast Collins, CO 80522, unless
otherwise specified an this order. Ifpemtission is given to prepay freight and charge wepardaly, the original freight
bill must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is
expected from the nearest distribution point w destination, and exms fought will be deduned from Invoice when
shipments are made from order dl,taace.
Permits. Seller shall procure at sellers sole cost sll necessary portraits, canifmtes and licenses required by all
applicable laws, regulations, ordlwnces and roles of the state, municipality, territory or political subdivision where
Me work is performed, or required by any other duty comtimted public authority having jurisdiction over the work
of vendor. Seller fanner agars in hold the City of Fan Collins harmless farm and against all liability and loss
incurred by Nam by reason of an aseaed on, established violation of any such laves, regulations, ordinances, rules
and requirements.
Authorization. All parties to this contract agree Nat We repmmntatives are, in fact, bore fide and possess fun and
coupler authorityo bind said ponies.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein act fah and any supplementary or additional arms and conditions annexed hereto or maintained herein by
reference. Any additional or different arms and conditions proposed by seller art objected to and hereby rejected.
2. DELIVERY,
PLEASE ADVISE, PURCHASING AGENT immediately if you cannot make sumplere shipment to save on your
promised delivery dam as noted. Time is of the essence. Dtlivery and performance mint be effected within the time
stated on the purchase Order and the documents attached heron. No acts of the Purchaser including, without
limitation, I crept use of p:mial 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 of placing this order elsewhere
and hording the Seller liable for damages. However, the Seller shill not be liable for damages as a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of God, acts ofeivil or military authorities, governmental prior ies, fires, strikes, Rood, epidemics, wars or
fiats provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller fins received knowledge Hereof In the event of my such delay, the date of delivery shall be
extended for the period equal to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples andor other descriptions given, will be fit fen the purposes inended, and
Performed with the highest deice of care and consonance in accordance with accepted smndads for work of a
miler Mature. The Seller agrees to hold the pubbesser hamdecs from my loss, damage or expense which the
Purchaser may suffer or incur on account claw Sellers breach ofwaruafy. The Seller shall replace, repair or make
good, without emno the purchaser, any defects or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the tenses of any applicable warranty provided by Me Seller after the date of
acceptance of the goods formulated hereunder (acceptance not to be accountably 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, the Sellers
limil iry hereunder shall extend to all damages proximately caused by the breach of any of the foregoing 0armouts
or guarantees, 3ru such liability shall in no event include loss of pmfils or loss of use. NO IMPLIED WARRANTY
OR MERCHANTAHH.II'Y OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CI IANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by scram change maler.
5. CHANGES IN COMMERCIAL TERMS.
The Purchower may make any changes to the terms, Other than legal dames, including additions to or deletions from
Me quantities originally ordered in the specifications or drawings, by vethul at written change order. If any such
change affects Ne amount due or The time ofperformavre hereunder, an equitable adjustment Shan be mane.
6.TERMINATIONS.
The purchaser May at any time by warren change maker, terminate this agreement as to any or all pardons of tbe
goal then not shipped. subject to any equitable adjmtment between the parries as to any work or materials Men in
prob provided Mbar the Pardoner shall not be buble for any claims for anticipated profits on the uncompin>d
portion of the Goods and/or won, for incidental or consequential damages, add Jest no such adjmr. to it, in
favor of the Seller with repeal to any goods which are the Sellers samdand stock. No such conduction shall relieve
Me Purchaer Or the Seller ofany of their obligations as to any goof delivered larrom n.
t. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted wan , May (30) days farm the Mae the change or termination i5
ordered.
S. COMPLIANCE WITH LAW.
The Seller wuranu that all goods sold hereunder shall have been produced, sold, delivered and famished in start
compliance with all applicable laws and regulations to which the goods ore subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required in be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaer harmless form all cents and damages suRered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, hani or convey this order, or any monies due or to become due hereunder widhom the
prior woman COmenl ofJa other parry.
10. TITLE.
The Seller warmna full, dear and domesticated title to me Purchaer far all equipment anamriaN, and items banished
in performinamer of this agreement free and clear of any sad all liens, deshictiom, reservations, security interest
encumbrances vd claims of others.
11. NONWAIVER.
Failure of the Purchaa to insist upon strict performance of Me terra and candidates hereof, failure or delay to
uOucka any rights ar remedies provided herein or by any, failure at promptly notify the Seller in the scam of a
bench, the aceeptamc of or payment fen goods hereunder or approval ofm, design, shall not release the Seller of
any of the wormntie, or obligations of this purchase order and shall act be deemed a waiver of any right of the
purthascr to fork, upon shin performance here0(or any of its rights or remedies cox Ins any such gads, regardless
of when shipped, ceceived or accepted, as to any prior or subsequent default hereunder, nor shall any pmponed
oral modification or rescission of Nis pnrchax order by the Purchaser agenda m a waiver of any a the lams
wdi
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Fontana, recognize thin in actual ec is practice, overcharges resulting from antihun
violations art in fact home by the Purchaer, Theretofore for goad roux and m amiderdtion for execming Nis
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
acquired under fo leml or state anthmst laws for such overcharges relating to the particular gaols or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser Morriss the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates as inability or unwillingness to comply, the Purchaser
may cause the work to be performed by the mast expeditious means available to it, and the Seller shall pay all
costs associated with such work.
The Seller shall release the Purchaser and its contmanrs of any tier from all liability and claim of any nature
resulting from the performance of such work.
This release shall apply even in the event of fault of negligence of the WrtS' released and shall extend to the
directors, oRcers and employees ofmch parry.
The Select contractual obligations, including wrouni shall at be leaned to be reduced, in any way, because
such work is performed M ..it,. be Performed by the Foreban.
14. PATENTS.
Whenever the Seller is required to me any design, device, material or process covered by lever, parent, trademark
or copyright the Seiler shall indemnify and save harmless Me Purchaser from any and sell claims for infringement
by reason of the use Of such patented design, device, material a process in connection with the contract, and
shall indemnify the Purchaser for any cost, expense car damage which it may be Obliged to pay by reason cf 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 the use of
said equipment or pan is enjoined, the Seller sbull, at its awn expense and at its option, either mo,me for the
Purchaser the right an continue using said equipment or pans, replace the same with substantially equal but
noninGnging equipment, or modify it so it becomes neninGMnging.
15. INSOLVENCY.
If the Seller shall become insolvent or handcraft make an assignment for the benefit of coolants, appoint a
ar hmae for any of Me Sellers property or business. Nis order may forthwith he canceled by the
Purchaser without liability.
to. GOVERNING LAW.
The definitions ofmrms used or Me interpretation offs agreement and the rights of all ponies hereunder shall be
comuved under and governed by the laws state Same nfC.Imm o, USA.
The following Addlaimal Conditions apply onty in eases where the Seller is to perfomn work hereunder,
including the services of Sellers Repoesentative(s), on JMe premises ofoNers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk until the same is fully completed oral accepted, and shall,
in m of any accident, destruction or injury to the work and/or materials before Seller's final completion and
acceptance, complete the work at. Sellers own expense and to the satisfaction of the Purchaser. When material,
and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle same at the six and become responsible therefor as though such materials and/or equipment
were being fumishcd.by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefta, to its employees employed on or in connection with the work covered by this purchase Oder,
andor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, commetual and automobile public
liability ;remove with badlly injury and death limits of at least 5300,000 for any tone Iverson, 550a),000 for any
one accident and progeny damage limit per accident of S400,000. The Seller shall likewise require his
contractors, if any, to provide for such compensation add insurance. Before any of the Sellers in his contractors
employees shall do any work upon the premises of others Me Seller shall famish the Purchaser with a emanate
that such compensation oral assurance have been provided. Such ttnifncaes shall specify the date when such
compensation and insurance have been provided. Such cenifiote, shall specify the doe when such compensation
and insurance expires. The Seller agrees than such mmparsmant and insurance shall be mainaimd until after the
entire work u completed and aceeptW.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby in. the entire ormonsibnity out liability far any and all damage, lea or injury of any kind
r nature whatsoever to persons or property caused by or resulting from Me exertion of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
r all of the Paahaers officers, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect and whether to persons or property to which the Purchaser may
be put or subject by reason of any act, action, neglect, omission or default on the pun of the Seller, any of his
contractors, or my of the Sellers or contractors officers, agents or employees. In cum any suit or other
proceedings shall be brought against the Purchaea or its officers, agents or employees at any time on account or
by reason of any act, action, neglect, omission or default of the Seller of any of his combustors or any of Its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, m pay any and all casts, charges, ahomeys fees and other expenses,
any and all judgments that maybe incurred by or obtained tamer Me Purchaser 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
obtained against the property of the Purchaser, or said panics in or as a result of such suits or other proceedings,
Me Seller will at came mans the come to be dissolved and d charged by giving bond or otherwise. The Sella and
his contractors shall take all safety precautions, famish and install all goads necessary for the prevention of
accidents, comply with all Laws and remantiom with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all nrles and regulations award pursuant therem.
Revised 0TR014