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HomeMy WebLinkAbout111402 POWER EQUIPMENT COMPANY - PURCHASE ORDER - 9145559City of �Fo_rt Collins Date: 09/24/2014 PURCHASE ORDER Vendor: 111402 POWER EQUIPMENT COMPANY PO BOX 28 DENVER CO 80201-0028 PO Number Page 9145559 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: 09/23/2014 Buver: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price I Ceramic Blow Bars invoice# D408170883 dated 8/25/14 "i L +a, I. 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 fsSaS�i69 6,406.56 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 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from sett and local taxes. Our Exemption Number is I L NON WAIVER. 98-04502. Pedeml Excise Tax Exemption Certificate of Registry 84-6000587 is registered with NI Collator of Failure of the Purchase to insist upon strict performance of the reels and conditions hereof, failure or delay to linemen Revenue, Denver, Colorado (Ref. Colorado Revised Solutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided heroin or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goad hereunder or approval ofhe design, shall not release the Seller of Good Rejented. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall rat be deemed a waiver of any night of the damage in transit, may be rearmed to you for credit and are not to be replaced except upon receipt of wrinen purchaser to insist upon strict p:dfow, W w, hereof or any of its rights or remedies m to my such good, regardless imnumiWv form the City of Fan Collins. of when shipped, received or accepted, As to any prior or subsequent default hereunder, nor shall any prepared oral modification at nescission of this purchase order by he Purchaser manse as a waiver of any of the tertm Inspection. GOODS ant subject to the City of Fort Collie inspection on arrival. hereof. First l Acceptance. Receipt of the merchandise, serica or equipment in response to this order an vault in 12. ASSIGNMENT OF ANTITRUST CLAIMS. memorial payment an the pan of the City of Fan Collins. However, it is to W anderstood that FINAL Seller and the Purchaser recognize Out in actual economic practice, overcharges resulting firm adiindest ACCEPTANCE is dependent upon completion of all applicable required impection Procedures. violations one in fact home by the Purchase(. Theretofore, for good cause and As consideration for executing this purchase order, the Seller hereby mfigm to fle Purchaser any end all claims it may now have or hereafter Freight Tarm. Shipments most be F.O.B., City of Fon Collim, 700 Wood St, Fail Collins, CO 80522, unless Acsprird under federal or slam antio-ust laws for such overchaga relating to the particular goals or services otherwise specifed on this ender. If permission is given to repay freight and charge sepammly, the original freight powleased or acquired by the Purchaser pursuant to this purchase code, bill most accompany invoice. Additional charges for packing will not he accepted. Shipment Distance. Where manufacturers have distributing points in variom parts of the country, shipment is expected from the nearest distribution paint to destination, and excess freight will be deducted form Invoice when shipments are made from gd am concede. Permits. Seller shall procure at sellers sale cost all naawry permits, ratificaws and licenses required by all applicable laws, regulations, ordinances and pules of the stoic, municipality, tartnry or political subdivision where the work is perfnumd, or required by any other duly c pprea red public authority having jurisdiction over the work of vend.,, Seller further agates to hold the City of ran Collins beadles, from and against all liability and loss incurred by them by reason of tin assmed or established violation of any such laws, deplatiom, ordinances, miss and requiremerei. Authorization. All panics to this contract agree that the representatives Are, in fact, bona fide and possess fall and omplete authority to bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any mWinumory or Additional term and conditions annexed henna or incoMomad herein by reference. Any additional or different tens and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date As noted Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No arts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall Wass As a waiver ofthis provision. In the event of my delay, the Purchaser shall have, in addition to other legal and egniuble remedies, the option of placing this order elsewhere and holding the Seller liable for damages. however, the Seller shall not he liable for damages As a result of delays due to causes not reasonably foreseeable which are beyond its reasonable comml and withom its fault of negligence, such acts of God, acts ofravil or military mummics, gavermnental priorities, fires, strikes, Flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Pmchaser within Eve (5) days of the time when the Sella first critical knowledge theraf. In the event of any such delay, the date of delivery shall be extended for the periM equal to the time annuity last by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, asides, motenals and work evened by this order will coat with applicable drawings, specifications, sample and/or other descriptions give., will be fit for the purymes intended, Ad performed with the highest degree of pre and competence in accordance with accepted sanded for work of a similar mature. The Seller agrees to hold the purchaser hairless form any loss, damage or expense which the Purchaser may suffer or incur on acaunt of the Sellers breach of wananry. The Seller shall replant, repair or make good, within cost o the pumhasm any detects or faults arising within one (1) year or within such longer period of time As may be prescribed by law or by the terror of any applicable smai provided by the Seller after the date of acceptance of the gad famished hereunder here plane not so he unreasonably delayed), resulting form impedat or defective work done or manmals famished by the Sella. 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 liability hereunder shall extend to all damages proximately caused by the breach of Any of the foregoing warranties or guarantees, but such liability shall in no event include loss ofpmfils or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGALTERMS. The Parchaser may make changes 1. legal moms by written change order. 5. Cl IANGES IN COMMERCIAL TERMS. The Purchaser may make any changes w the term, .,her Nan legal leans, including Mdumar, to ar deletions from IN, Trantltica originally urdned in the specilindions or drawings, by verbal or written change order. If any such Change agates the amount due or the time ofperfommnce hereunder, an equitable adjustment hall be made 6. TERMINATIONS. The Purchaseranytime may at atime by written change order, terminate this agreement as to any o all pampas of the goods then nt shipped, subject no any equitable adjustment between the posies As to any work or materials then in progress provided that the Patch— shall not be liable for any claims for Anticipated profits on me uncompleted portion of the gads and/or work, for incidental or comauential damages, and that no such adjustment be made in favor of the Seller with respecr to any gad which are the Seller standard stock. No such termination shall relieve the Purchaser or the Seller of any oftheir obligations m to any goods delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for Adjustment most be resided within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants dent all good sold hereunder shall have been produced, sold, delivered AM famished in sMet compliance with all applicable laws AM regulations to which the goods are subject The Sella shall execute and deliver such documents in duty ed required is eRed or evidence compliance. All laws and regulations required] red be ncaryonted in agreements of this damneder An, hereby incorpomted herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamllas from all oars and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall wanted transfer, or convey this order, or any movies due of to become due hereunder without the prior written comall ofche other parry. I0. TITLE. The Seller warrants full, clar mM um eted tide to the Purchase for all alumina, materials, and items famished in performc a of this agreement f and clear of any aned d all laws, rstnm ctio, reservations, sary interest na embmncesand claims of orders. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser direr the Seller to Owner, nonconforming car defective good by a date w be agreed upon by the Purchaser and the Sella, and the Seller NeeaM indicates its inability or unwillingness do comply, the Purchaser may cause the work to be performed by the most expeditious mess mailable to it, and the Seller shall pay all toes Associated with such work. The Seller shall release the Purchaser and its contractors of any tier form all liability and claims of any nature exulting from the performance ofsuch work. This mlema shall apply even in the event of fault of negligence of the parry released and shall extend to be directors, ieffcers and employees of such party. The Sella's emporctual obligations, including warranty, shall not be deemed m be reduced, in Any way, became such work is parmited or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design device, material or process covered by lever, patent trademark or copyright the Seller shall indemnify and save harmless the Purchaser form any and all claims for infringement by reason of the me of such patented design, device, ..,anal or process in ...action with the contract, and shall indemnify the Purchaser her any cost, expense or damage which it may be obliged to pay by reason of such infringement vl any time during the presecmion or after the completion of the work. In case said equipment, or any pan theraf or the intended use of the goods, is in such suit held to comtude infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure fur the Purchaser the right m continue using said equipment or pans, rapture the same with substantially equal but noninGnging equipment, or modify it so it becomes noninfnnging. 0. INSOLVENCY. If the Seller shall become insolvent or baMmtpq make an assignment for the bmeth of a editors, appoint a elver or tomm, for any of the Sellers proprny or business, this order may forthwith be canceled by the Purchaser without liability. to. GOVERNING LAW. The definitions of rams faced or the interpc nation of the Agreement and Ne rights ofall Tarries hereunder shall h comtpued undo And governed by the laws afthe State of Colorado. USA. The following Additional Conditions apply only in cases where Ne Seller is to pert work hnandet. including use services of Sellers Represenarive(s), on the premises ofother, 17. SELLERS RESPONSIBILITY. The Seller shall can,, on said work At Sellers own auk until des same is (ally rompleted and acceptal, and shall, in muse of any accident destruction or injury to the work and/or materials before Sellers final completion and Acceptance. complete the work at Severs awn expense and to the satisfaction of the Purchaser. Who materials And equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, sere and handle same at the site and become responsible therefor As though such materials and/or equipment were being (unusual by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for no, payment of workers compmsan.a. including ace p rimard disease bmefits, to its employees employed on or in connection with the work covered by this purchase order, motor to their dependents in accordance with the laws of the sate in which me work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public licmduy Iml.lnee with I...1.1y injury and death limits of at Iwsl S3...... for any uoe panties, E5W,IIO1) fur tiny one accident and property damage limit per accident of S400,000. Be Seller shall likewise require his contmcbm , it any. tit provide for such compensation and insurance. Before any of the Sellers or his contradma employees shall do any work upon the premises of others, the Seller shall famish the Purchosa with a certificate that such c mpensation and insurance have been provided. Such certificates shall specify the date when such Im,onedu an and insurance have been nowidel. Such cesifcates shall spaily the date when such compendium and insurance capita. the Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby resumes the entire responsibility and liability for any and all damag, loss or injury crony kind or nature whatsoever to rasom or property amened by or resulting from the execution of the work provided for in this purchae order or in connection herewith. The Seller will indemnify and hold Emdless the Purchaser and any or all of the Purchasers officers, agents and employees fmm and against any and all claims, losses, damages. charges or expemes, whether direct or indirect, and whether to prom or properry to which the Purchaser may be put or subject by reason of any act, Action, neglect omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or command; oRcers, agents of employees. In cove any suit or other proceedings shall be brought against the Purchaser, or its officers, agres or employees at my time on Account or by ninon of any act, when, neglect, 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 agree to ressudte the defense thereof and to defend des same At the Sellers own care., a pay Any AM all ants, charges, at.meys fees And other A.,. , any AIM all judgments that may be incurred by or obtained against the Purchaef or Any of its or their officers, agents or employees in such suits or office proceedings, and in muse judgment or other lim be, placed upon or obtained against the propeM of the Purchaser, ar said parties in or As a result of such suits A, wha porceedat the Sella will At once Own, the Name to be dissolved AM dubltzrged by giving bond in oNenwlse. The Seller and his containers shall sake all safety precautions, famish awl ifeall all guard necessary for fire prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupant mal Safety And Health Act of 1970 And all roles And regulations issued pursuant thereto. Revised (OnO14