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HomeMy WebLinkAbout102606 4 RIVERS EQUIPMENT LLC - PURCHASE ORDER - 9145745PO PURCHASE ORDER 9145745 Page C117/ of PURCHASE 45745 t of 2 ' `tCollins( Thisnumber must appear V on all invoices, packing sli s and labels. Date: 10106/2014 Vendor: 102606 Ship To: OPERATIONS SERVICES 4 RIVERS EQUIPMENT LLC CITY OF FORT COLLINS 1100 E CHEYENNE RD 300 Laporte Avenue COLORADO SPRINGS CO 80905 Building B FORT COLLINS CO 80521 Delivery Date: 10/03/2014 Buyer: DOUG CLAPP Note: ref. Rental Bid 2014 Line Description Quantity UOM Unit Price Extended Ordered Price Rent a 2014 JD772GP Grader 1 LOT LS 17,400.00 for 12 months for the Street Dept. Rental to begin 10120/14. M3505. 600 hour per year usage rental rate = $1450.00 Contact: Greg R or Eric - ph# 970-221-6613 or Don M. ph# 970-224-6019 " Please call 24 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 Emai1purchasing@fogov.com 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 City of Fort Catlin is exempt fmm slate and local lax a. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Ced res, of Regiary BA6000582 is registered with the Collector of Failure of the Purchases to insom upon strict performance of the or. sand conditions brraf, failure or delay goIntegral Revenue, Denver, Colorado (Ref. Colorado Raised Sodium 1973. Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to Promptly away the Sella in are event of a breach. the werpmnce ofor payment for goad M1ereuMer or approval ofthe design, shall not release the Sella of Good Rejected. GOODS REJECTED due to failure to meet specificaiow, either when shipped or due to defects of any of the warmnnim or obligations of this purchue order and shall not Ise deemx[ a waiver of any right of the damage in tand, may he rewmd 0 yea for credit it are not to be replaced except upon receipt of written perching, to incion upon strict pert once hereof or my of its rights or remedies as to any such good, regardless instructions farm the City of Fon Collires, of wh. shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any pur gro d am[ modification or rescission of this purchase order by the Purchases operate as a waiver of any of the terms Inspection. GOODS are subject o the City of Fan Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in respowe o this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment an the now of the City of Too Collins. However, it is o be i nders[od that FINAL Seller and the Purchuer recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE isdependent upon completion well applicable required inspection procedures. violations we in fan home by the Purchaser. Themofice.for good cause and as consideration for executing this purchase order, the Sella hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fog Collins, CO 80522, unless acquired under federal or sate antitrust laws for such overcharges relating to the particular goods or services mhawac sped fed on this order. If permission is given to prepay freight and charge separaaly, firs, original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not b<acerptd. 13. PERFORMANCE OF SELLERS OBLIGATIONS. havedenfi distributing point, us pans the Shipment Distance. Where mammon a Purchaser directs r, Seller by o rite to the ePOn by the If the p coned nonconforming or de@ctty de d from Immix when expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Poi s er and t e a or urd to comply, the Purchaser the a comply, and the Sella thereafter tndiwrea its inability aus shipments are made from grtater distance. vaunwillingness way to and by the most expedition meats available m it, and the Seller shall pay all may muse the lurk to the work ow,' casts aswciaed with such work. Such Permits. Seller shall procure at sellers sole cost all na., permits, caificmes and licenses required by all applicable lases, regulations, oHL—c- seal rules of the stave, municipality, rtmtory or political mWardion where the work is performed, or natural by any other duly mmtitutrd public authority laving jamodic us. over the work of vendor. Sella further agues to hold the City of Far Collins harmless fmm and against all liability and lass .cured by them by reamn of an aircraft or established violarion of any such laws, regulations, uncommon, area and requirements. Authorization. All panic to this contract of that the representatives we, in fact, bow fide and possess full and complete authority to bind said parties. LIMITATION OF PERMS. This Purchase Order expressly limits acceptmce to the banns and conditions said herein set Each and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected, 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment no arrive on your promised delivery date as noted. Time is of the essence. Delivery and Performance must be effected within the time sated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial lair ddivaies, shall or mte as a waiver of this provision. In rive event of any delay, the Purchaser shall lase, in addition to other legal and equitable awarder, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages a a result of delays due to causes not reasonably foresecable which are beyond its reasonable control and without its fault of negligence, such acts ofGod, rater of civil or military s rthonfies, govemmenul prionties, fees, stakes, flood, epidemics, wars or fiats provided that native of the conditions causing such delay is given to the Purchases within five (5) days of the lime when the Seller real rarisN knowledge therm[ In the event of any such delay, the date of delivery shall lies extended for the period equal to the time formally lost by reason of the delay. 3. WARRANTY. The Seller womana that all goods, articles, maerals and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will N, fit for the purposes =vended, and Performed with the highest degree of care and competence in accordance with accepted Standard for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of waramy. The Seller shall eplace, repair or make good, without cost to 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 terms of any applicable warranty provided by the Sella after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting farm imperfect or defective work done or materials frmishd by the Seller. Acceptance or use of good by the Purchaser shall not consulate 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 woruntia or guarantees, but such liability shall in no event include loss ofpofim or has of sex. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. The Purchaze, may make changes to legal tomes by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes as the comas, allow than legal terms, including Witt or deletioru firming the quantities originally ordered in the specifications or drawings. by verbal or writtm change order. If any such change affects the amount due or the rime cfpwformmce hereunder, an equitable udjmrment shall be made. 6. TERMINATIONS. The Purchaser may at any time by women change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to my work or materials then in progress provided that the Purchase, shall not be liable for any claims for anticipated pmfi¢ on the uncompleted portion of the good maker work, for incidental or consequential damages, end that no such adjustment be made in favor at the Seller with respect o any good which are the Sellers srandurd stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warnings that all goad sold brander shall have been produced, sold, delivered and fnmishd in start compliance with all applicable laws and xguladms o which the goad . subject The Seller shall accule it deliver such documents m may be requiral to effect or evidence compliance. All laws and regulations acquired to be migrational in Agreements of this clamaer are hereby incorporated herein by Nis reference. The Seller agrees o indemnify and hold the Penchaxr hamdess from all roars and damages si feed by the Franchises as a —it of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pay shall assign, transfer, or convey this order, or any monies due or to become due hereunder wihom the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and uncommitted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, Gee and clear or any and all liens, restriction, o,rus,lions, security interest encumbrances and claims craters. The Sella shall release the Purchases and its wntmno , of any ties fmm all liability and claims of any name resulting from are p r.. ofS hwork. This release shall apply even in the event of fault of negligence of the parry almost and shall extend to the dirwtms, officers and employees of such Prof. The Sellers contractual obligatiore, including warranty, shall not to dermal to be reduced, in any way, because such work is performed or crowd 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 Setter Shan indemnify and save harmlea, the Purchaser from any and all claims for infringement by ream. of the use of Such patrnted design, desire, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obligd to pay by reason of such infringement at any time daring the prosecution or after the completion of the work. In eau said equipment, or any pan thereof or the intended use of the goads, is in such suit held to constima imam cmem and the not of mid equipment or pan is enjoind, the Sella shall, in its own expense and at its option, either procure for the Purchases the right to continue using Said equipment or pans, replace the same with substantially equal but voninfdnging equipmmb, or modify it m it becomes noninfdnging. 15. INSOLVENCY. If the Sella shall become insolvent or baak,upt. make an assignment for the benefit of creditors, appoint a or truste e fro any of the Sellers property or business, this order may forthwith be eanecld by the Purchaser without liability. 16. GOVERNING LAW. The defini lwas of terms used or the in,erPreatioa of the agreement and the rights ofall porous hereunder Shall be owuued under and governed by the laws othhe Stale of Colorado. USA. The following Additional Canditions apply only in taus where the Seller or to perform work hereunder, including the Services of Sellers Represenative(s), on the premises of others. Il. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Sellers own risk until the same is fully completed and accepted, snit shall, in e of any accident, desauction or injury to the work and/or caramels 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 f mishd by others for installation tar erection by the Seller, the Sella shall receive, unload, stare and handle same at the site and become responsible therefor as though such num rials mrdor euipment were being furnished by the Sella coder the coda. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of work. exampersatim, including occupmianal disease benefits, to its employees employed on or in connection with the work covered by this purchase order, andor a their dependents in amndance with the laws of the sale in which the wok is to be done. The Sella shall also army comprehensive gcoeml liability including, but not limited o, contractual and automobile public liability insurance with Way injury and death limits of m leas SN.." For any one person, 5500,005 for any one accident and property damage limit per accident of S400,000. The Seller shall hkewiae require his contractors, if any, to provide for such comp roxion and owura ce. Before any of the Sellers or his contractors employees shall do any work upon the premism of others, the Seller stall famish the Purchaser with a certificate that such compewation and insurance have been provided. Such cerifrwtes shall specify the date when such omprwation and insurance have been provided. Such cerlficmes shall specify the date when such counteraction and insurance espies. The Seller agrees that such comprnwtion cod marrmce shall be maintained until .0emhe entire work is completed and accepted. 19. PROTECT [ON AGAMST ACCIDENTS AND DAMAGES. The Seller hereby resumes the entire responsibility and liability for any and all damage, loss or injury of any kind or origin whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this pumhau order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees fmm and against any and all claims, losses, damages, charges or expenses, whether direct or indiral, and whether to Famous or Footwear an 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 contractors officers, agents or employees. In case any suit or other proceedings shall lies bough, ngainst that Purchaser, or its rafters, agents o, employees at any tame on acorn, or by soon of my col, action, neglect omission or default of the Sala of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby ag,ea to assume the defense thereof and o defend the same at the Sellers own expense, an pay any and all costs, changes, a ,now x fees and other exposes. any ad all judgments that may be incurred by or obuined against the Purchases or any of is or thew olfic us, agents or employees in such suits or other proceedings, and in case judgment or older lira be placed upon or obtained against the property of the Purchaser, or said pani s in or as a result of such its or mha proceedings, the Seller will at once muse the come to be dissolvd and durelaw ed by giving band or otherwise. The Seller it his commams shall take all Safety precautions, f mish and install all guards necessary, for the prevention of accidents, comply with all laws and regulations with regard to mfery including, but without limitation, the Occupational Safety and Health Act of 1970 and all curs and regulations issued pursunnt foeref. Revised 0712014