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HomeMy WebLinkAbout482528 BOBCAT OF THE ROCKIES - PURCHASE ORDER - 9145671Fort Collins Date: 09/30/2014 Vendor: 482528 BOBCAT OF THE ROCKIES PO BOX 844216 DALLAS TX 75284-4218 PURCHASE ORDER PO Number Page 9145671 1of3 This number must appear on all invoices, packing slips and labels. Ship To: FLEET SERVICES - MAIN SHOP CITY OF FORT COLLINS 835 WOOD ST FORT COLLINS CO 80521 Delivery Date: 09/30/2014 Buver: DOUG CLAPP Note: Breckenridge bid Line Description Quantity UOM Unit Price Extended Ordered Price t 2014 C270 Holder Tractor and accessories reference quote dated 9/17/14 from Joe Domanik Holder C-270 Base Machine - $97,500.00 winter package - $ $3,005.00 folding V-Plow 61" Clearing - $7,035.00 145 gallon Vacuum Sweeper - $60,395.00 C270 0-80 I/Min HYdraulic Hi flow kit - $4,965.00 1/3 Cubic Yard Dump Body - $3,750.00 drop sander - .33 cubic yard - $6,750.00 sub -total - $183,400.00 pre -delivery - $800.00 Freight to Dealer - $3,250.00 Total = $187,450.00 Please include a copy of the Owner's/Operators Manual & Service Manual Dept: Streets Deliver vehicle and title to: 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 EA 139,100.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER PO Number Page 9145671 2o13 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price Fleet Services Shop 906 W. Vine Fort Collins, CO 80521 contact: Greg or Eric ph# 970-221-6613 "*please call 24 hours prior to delivery" shop hours are 7B0am to 3:30pm 2 Balance for holder tractor department capital 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 EA 48,350.00 Total $187 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Ind Conditions Page 3 of 3 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Too Collins is exempt Gam ante and local fixes. Our Exemption Number is 98-0al Frdeml Excise Tax Exemption Ccnific r e of Registry 84-6U110587 is registered with the Collector of Internal Revenue, Denser, Colorado (Ref. Colorado Revised Sumtes 1923, Chapter 39-26, 114 (a). Good Rejected. GOODS REJECTED due 1. failure to meet spenfiations, either, when shipped or due to defects of damage in tmmit may h returned as you for credit and are not to ha replaced except upon receipt of written connections fmm the City of Fon Collins. Iwpentier. GOODS are subject to the City of Fort Collins inspection on amszl. Final Acceptance. Receipt of the memhatMise, maxim or equipment in response to this order can result in mahoiud payment on the pan of the City of pan Collins. Ifowever, it is to be, understood that FINAL ACCEPTANCE u dependent upon completion of all applicable required inspection procedures. Freight I come. Shipments mum be F.O.6., City of Fort, Collins, 700 Wood St, Pan Co11ins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original Freight bill most accompany invoice. Additional changes for packing will not be accepted. Shipment Course, Where manufacturers have distributing points in various pans of the county, shipment is expected from the nearest distribution print to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shag pocrm .l sellers wle car all necessary permits, cenifiwtes and licenses required by all applicable law; mgnlations, ordinances and files ofthe state, municipality, territory or political subdivision where the work is Fashioned, or required by any other duly constituted public authority havingjudvJicrion over the work .I 'color. Seller further agnces h, hold the City of Fort Collins harmless from and against all liability and Ins, incurred by thorn by yawn of an ;...cited or established violation of any such laws, regulations, ontinunas, rules and requirements. Authorization. All panics to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the tears and conditions stated herein set fah and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different moms and conditions proposed by seller are objected 1. and herby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENTimmediately ifyou cannot make complee shipment to arrive on your Promised delivery date as wled. Time is a(the essence. Delivery and performance mot be effected within the lime state oa the porchm order and the documents atmched hereto. No two of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operate as a waiver of this processor. In the event of ony delay, the Porchwer shall have, in addition to other legal and equitable remedies, the opeort of plating this order elsewhere and holding the Seller liable for damage. However, the Seller shall not be liable far damage ses is result of delays due to .sues set seasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such acts oGod, acts ofcivil or military authorities, governmental priorities, Tres, strikes, Bond, spidsm vis wars for rie8 provided that notice of the conditions cawing such delay is given to the Purchaser within rive (5) days of the time when the Seller fro manias knowledge therm[ In the event of any such delay, the data of delivery shall he extended for Nc peried equal to the time actually lost by brawn ofthe delay. 3. WARRANTY. The Seller warrants that all goads, articles, materials and work covered by this enter will confirm with applicable drawings, specifirmiens, samples ..We, other descriptions given, will he in for the purposes hundred, and performed with the highest degree of care and ampemore in accordance saki accepted standards for work of a similar reduce, The Seller agrees to hold the Purchaser harmless from coy loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wauntary. The Seller shall replace, repair or make gaol, without cast to the purchawq 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 terms of any applicable warranty provided by the Seller one, the data of acceptance of the goods famished hereunder Doom race not to IN unreasonably delayed), sainting from imperfect or defective work dune or materials furnished by the Seller. Acceptance or rite of goads by the Purchaser shall not mmlimte a waiver of any claim under this womanly. 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 to guarantees, but web going try shall in nor event include lass of profits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FIT NESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other dean legal tams, including additions to to or deletions from the quantities conically ordered in the specifications or churches, by verbal or written change order. If any such change affects the'mourn due or the time of performance hommicq an equiable adjustment shall be made. 6. TERMINATIONS. The Puahser may at any time by wrincn change order, terminate this agreement as to any or all ponlow of the goods then not shipped, subject to any equmble adjustment between the parties w to any work or materials then in progress provided that the Purchaser shall not be liable far any claims for cur iciWted profts on the ucsorrolte i portion of the good ender work, for incidental or consequential damages, and Nat no such edjnstment be made in favor of the Seller with respect to any goods whim are me Sellers command stock_ No such trombones shall relieve the Purchaser or the Seller of any oftheir obligations as to any good delivered hereunder. ]. CLAIMS FOR ADJUST MF.NT. Any claim for adjustment most be warned within thirty (30) days from the dare Nc change or lcmtiration is entered. 8. COMPLIANCE WITH LAW. The Seller warrants ohm all good sold hereunder shall have been produced, sold, delivered and famished in stria compliance with all .,I rabhe laws and regulation, to which the goods am subject. The Suter shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be uncommitted in agreements of this chancier are hereby incorpoated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamdess from all costs and damages suffered by the Purchaser as a noun of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall wslgn, honsfco or convey this order, or my monies due or m become due hereunder wilhom the prior written consent of the other pony. I0. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement free and clear of any and all liens, restrictions, reservalmars, security interest encumbrances and claims of others. II. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the tomes and conditions hcist failure or delay to exercise coy rights or remedies provided herein or by law, failue no promptly notify the Seller in the event of a breach, the acceptance of or payment for good hereunder or approval o'the design, shall not release the Seller of any of the warrrantim or obligations of this purchase order and shall not be damad a waiver of any right of me purchaser W insist upon strict pRormantt he ra for any of its rights or remedies res many such good, mining. of when shipped, received or accepted, w m any prior or subsequent default hereunder, mar shall any purpored oral modification as rescission of this pucham order by the Purchaser, operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser, recognize that in actual economic ponies, o ormal resom ulting frantitrust violations are in fact home by the Purchaser. TheretoforeCar goad ause and w consideration for executing this purchase order, the Seller hereby assigas to the Purchaser any and all claims it may now base or herrafter acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser aurzuant W IS, Franchise order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming or defective good by a date to be ngrted upon by the Purchaser and the Seller, and the Seller therafer indicates its inability or unwillingness to comply, the Purchaser .by..... the work to be performed by the most expeditious means available to it and the Setter shall pay .11 union ... ciated with such work. The Seller shall release We Purchaser and its contractors of any tier from all liability and claims of .ray nature resulting front the performance of such work. This release shall apply even in the event of fault of negligrace of the party released and shall extend to the tltmcmrs, of ice , and employee, efaarm Party. The Seller's contractual obligations, including warranty, shall not ha deemed to be educed, in any way, because such work is perfomled 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 letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchasr from any and all claims for ioftingemem by reason of the use of such patented design, device, material or process in connection with the counter, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by rewn exerh infringement at any time during the prosecution or after the completion of the work. In am mid equipment or any pan thereof or the intended use of the good, is in such suit held no constitute inMngement and the use of mid equipment or part is enjoined, the Seller shall, at its own expense and at its option, either Frontier for the Purchaser the right to continue using said equipment or pans, replace the mine with substantially equal but noninfringing equipment or modify it w it becomes nonhnfirm lag. IS. INSOLVENCY. If the Seller shall become insolvent or baN:mpt make an assignment for the benefit of ereditors, appoint a or trustee for any of the Sellers property or business, this order rwy forthwith be, canceled by the Prichwcr without holiday. 16. GOVERNING LAW. The definitions of tense used or the bnerpretanon of the agreement and the rights unroll parries heeunder shall be contained under and governed by the laws ofthe State ofColomdo, USA. The following Additional Conditions apply only in awas where the Seller is to pmfotm work hereunder, including the motics of Sellers Rep crentroods), on the premise ofothem 17. SELLERS RESPONSIBILITY. The Seller shall carry on said wb,k m Seller's own risk until the same is fully completed and accepted, and shall, in c at any weidcnl, deswclion or injury to the work and/or materials before Seller's final completion and mamma, complete the work m Sallee. own expense and to the satisfaction of the Probate, When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, tore nerd handle m al the site and became responsible therefor as though such materials under equipment were being finished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, prmide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their deaeadmin, in accordance with the laws of the state in which the work is to be done. The Seller shall arm carry mmprehasive general liability including, but not limited to, contractual and automobile public liahirtty iwumnce with bodily injury and death limits of at least 5300,000 for any one parson, 5500,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his contswma, if any, to provide for such compenwtion and insurance. Before any of the Sellers or his contactors employs. shall do any work upon the premises of others, the Seller shall famish the Purchases with a certtfam that such compensation are reason., have ban provided. Such crate rsom still specify the date when such compensation and insurance have been provided. Such certificates shall specify the dam when such compensation and imumnee expires. The Seller agrees dust such mmpewntion and issuance shall he maintained until after me entim work is completed and reacaptcd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage. loss or injury ofany kind or namm whatsoever to Persons or property acme! by or resulting fmm the execution ofthe wont provided fro in this purchase order or in connection herewith. The Seller will indemnify and hold handles, the Purchaser and my r all of the Purchasers officers, agents and employees from and against any and all claim; Iwses, damages, charges or expenses, whether direct or indirect, and whither to Persons or pmpeny to which the Purchaser may be put or subject by reason of any act, action, neglecr, omission or default on the pan of the Seller, my of his contractors, o any of the Sellers o communist olrcere. men% o employeas. In , any suit a other roceedings shall be broughl against thecPurchase, or its officers, agents or employers at case time on account or by mown of any act, action, neglect, omission or default of the Seller of any of his mansctom or ony i f is or their oricere, .,,an or employees w aforesaid, the Seller hereby agrees to nssuma the defense thereof and to defend the same at the Sellers on expense, to pay any and at I costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the 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 pmpeny of the Purchaser, or said parties in or to a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the precaution of accidents, comply with all laws and regulations with regard to safety including, but without limitmo n, the Occupational Safety and Health Act of 1970 and all toles and regulations issued pursuant thereto. Revised 07n014