HomeMy WebLinkAbout102606 4 RIVERS EQUIPMENT LLC - PURCHASE ORDER - 9145840Fort Collins
Date: 10/09/2014
PURCHASE ORDER
Vendor: 102606
4 RIVERS EQUIPMENT LLC
1100 E CHEYENNE RD
COLORADO SPRINGS CO 80905
PO Number Page
9145840 1o1`2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: WATER UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 10/08/2014 Buyer: DOUG CLAPP
Note:
Line Description LVIIUUU
Ordered UOM Unit Price Price
t ACS GENERAL PURPOSE BUCKET 3.5
OTHER EQUIPMENT
re quote dated 9/16/14
per Bret Bollmeier
ACS General Purpose Bucket
3.5 yard x 108" with Deere
OEM Style Bolt On Edges
Installed - $8500 with Freight In
Contact: Greg or Eric
PH# 970-221-6613
"Please call 24 hours prior to delivery "
chnn hnnrc - 7'lnom }n a-gnn.
P14
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
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
I L NON WAIVER.
98-04502. Federal Excise Tax Exemption Cenificate of Registry 84 600o587 is tendered with the Collector of
Failure of the Purchsser to insist upon scrict performance of the mans and conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statute 1973, Chapter 39-26, 114 (a).
exu any rights or remedies provided herein or by law, failure to promptly mlify the Seller in the event of a
branch the acceptance afar payment for goods hereunder or elliptical ofthe design, shall ant release the Seller of
Goods R jecled. GOODS REJECTED due as failures, men Npecificatiom, either when shipped or due 0 defects of
any of the warranties or obligations of this pu.cbase order it shall m be deemed a waiver of any right of the
damage in transit, may be reamed to you for credit and art not m he replaced except upon receipt of written
purchaser ro imiat upon strict performance rumor or any of its rights or remedies ns to any such good, mourdles,
instructions fmm the City of Fart Collins.
of when shipped, received of accepted, ex to any prior or streamliner default M1creander, nor shall any purported
oral medificamem or rescission of this purchase order by the Particular operate ns a waiver of any of the terms
Inspection. GOODS art subject o the City of Pan Collins inspection an arrival.
hereof.
Final AceepWce. Receipt of the merchandise, servals or auipmen, in response or this order can fxsall in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fan Collins. However, it is he be understood that FINAL
Sella and the Purchase recognize that in actual exactionner pmcrce, o umlarges resulting film antitrust
ACCEPTANCE is depetWmt upon completion of all applicable required impanumn procedures.
violations arc in fact Name by the Purchutt. Tbcmof for good muse and as wmiderarion for rivaling this
purchase order, the Sella hereby assigns to the Purehasa any and all claims it may now have or hereafter
Freight Terns. Shipments most be F:OM, City of Fort Collins, 900 Wood St, Fort Collins, CO 80522, unless
acquired under federal or sum mrimm laws far such overcharges related to the particular goods or services
otherwise specified an this order. If permission is given to prepay freight and charge separemly, the original freight
purchased or acquired by the Purchaser pursmnt to this puchae, older.
bill must accompany invoice. Additional charges for Packing will not he accepted.
Shipment Distance. Where msnufacttucrs have clambering Mints in various pans of the country, shipment is
expected fmm the nmrest distribution Mint to destination, and excess freight will he deducted from Invoice when
shipments are made form greater distance.
Permits. Seller shall procure at sellers sole cost all necessary permits, aftificaes and license required by all
applicable laws, regulations, ordinances and tiles fthe are, municipality, mrrimry or political mbdmisi. where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller father agrees to hold the City of Fort Collins harmless from and against all liability and loss
incurred by them by reason of col asserted or eswMishd violation of any such laws, regulations, ordinances, tiles
and regnhemmk.
Authuncomom. All rumors m ,Iris tmma ogres, than the mprewrommes are, in fact, bona fide and possess fall and
complete mile rty to bind said ponies.
LIMITATION OF TERMS. This Purchase Order ex resely limits acceptance to the terms and conditions slated
becinse, firth and any li parecant., or additional terms and conditions annexed hereto or incorporated lsrein by
refermee Any additional or sh Rental terms and conditions proposed by seller are objected to and hereby ,,acted.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT imnualimely ifyou cannot make complete shipment to alive on your
promised delivery dose ns noted, Time is of the essence. Deliveryand perfomance must be effected within the time
stated on the purchase enter and the documents slashed hereto. No acts of the Purchasers including, without
liradmion, acceptance of patio late deliverea, shall operate are a waiver ofthis provision. In she event crony delay,
the Purchaser shall have, in addition m other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall nor be liable for damages as a mail, ofdelays
due to causes not reasonably foresecable which are beyond its rtmomble control and without its fault of negligence,
such am of God,.,a of civil or miloary authorities, governmental prioddes, fires, strikes, Bond, epidemics, wars or
riots provided that rmtice of the conditions musing such delay is given to the Purchaser within five (5) days of the
rime when the Seller first received knowledge thermL In rate event of any such delay, the date of delivery shall be
extended far the period equal to the rime morally Ins, by reason ofthe delay.
3. WARRANTY.
The Sella warrnis the, all good, articles, maenah and work arered by this order will of.. with appliable
drawings, Notifications, samples and/or other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of are and sempermm in accordance wish nccepred standards for wars of is
simile mature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which Ns,
PurclmNer may suffer or incur on account of the Sellers breach of warmnty. The Sella shall ralace, repair of make
good, without cost to the purchase, any defects or father arising within one (I) year or within such lager period of
time as may be prescribed by law or by the from of my applicable womnry Provided by the Seller after she dam of
acceptance of the good furnished hereunder (acceptance not to he unreasonably dalayed), resulting fmm impear at
or defective work done or materials famished by the Seller. Acceptance or use of good by the Purcbaur shell not
constitute a waiver of any claim under this warmnly. Except ns otherwise provided in this pumbase order, the Sellers
liability hereunder shall extend to all damages proximately mutt by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no cruet include loss of proms or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchm r, may make changes to legal terms by wrium mangcorder.
5. CHANCES IN COMMERCIAL TERMS.
The Pareb:¢a rally make any eb:mgex to tea mmss..1ha don lingo am, mending addaimis to or delena is ram
the quantities originally ordered in the specillenlions or drawings, by verbal or written change order. If any such
change affects the amount due err the lime orpconno.ace eeremada, an <quimble edjusrmrnl shall be made.
6. TERMINATIONS.
The Purchaser any at any time by written change order, latimme this agreemenl ax to any or all potions of the
grads than no, shipped, subject to any cgamble adjustment between the parties as to nay work or materials then in
progress provided that the Purchaser shall not bar liable for any claims for anticipated profits on the uncompleted
potion of the good and/or work, for incidental or consequential damages, and flat no such adjustment he made in
favor of the Seller with respect to any goods which are the Sellers standard stick. No such termination that believe
the Purchsser or the Seller afany of their obligations ai m any goods delivered hereunder.
T CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be usserted within thifty (30) days fmm the date the change or saturation is
ordered.
S. COMPLIANCE WITH LAW.
The Sella warrants that all goods sold hemunda shall have been pre hoc d, said, delivered and fiunished in strict
compliance with all applicable laws and regulations m which the goods are subject The Seller shall execute and
dahov, such documents as may be required to effect or evidence compliance. All laws and segulatios required to be
Incorporated in agreements of this character am hereby incmMmted herein by this reference. The Seller agrees to
indemnify and hold the Pumhoser harmless from all also and damages suffered by the Purchaser us a result of the
Sellers failure to amply with such law.
9. ASSIGNMENT.
Neither party shall assign, tmnsf r, or compy this order, or any monies due or to become due atercunder without the
prior wring consent of the other parry.
10. TITLE.
The Sella wacmns full, clear end unrestricted title to the Pmchaser for all ryuipmmb, mmmals, and items fum¢hed
in performance of His agreemen, free and clause of any and all liens, restrictions, reservations, security inmost
encumbtantts and claims Mothers.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Sella to coned nonconforming or defiativegood by a date to he agreed upon by the
Purchase and the Sella, and the Shca thereafter indicates its inability or unwillingness to comply. the Purchoaa
may cause the work to M performed by the most expeditious means available a it, and the Sella shall pay all
costs associatM with such work.
The Seller shall mleme the Purchaser and its contractors of any tier from all liability and claims of any namm
insulting fmm the performance of such work.
This release shall apply area in the event of fail], of negligence of the parry relented and shall extend to the
directors, oBlcas and employees artier parry.
The Sellees amtrartal obligabians, including wamamy, shall not be deemed to be reduced, in any way. because
sueb work is parnm ed err caused to be panomed by she Particular.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by label, pe mb, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by anion of the use of such pmmmd design, device, maeaial or pmmss in connection with the contact, and
shall indemnify the Purchaser for any cot, expense or damage which it may be obliged to pay by reason of such
infringement in any time during the prosecution or after the completion of the work. In case said equipment, or
any pan herefor or the intended use of the goods, is in such suit held to consuate inGngement and 'he use of
said equipment or pan is enjoined, the Sella shall, at its own expose and at its option, either procure for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
noninfnnging equipment, or modify it so it becomes norrinlringing.
15. INSOLVENCY.
If the Sella shall became insolvent or bankrupt, make an assignment for the benefit of actions, appoint a
receiver or op trustee for any of the Sellers perty or business, this order may forthwith be cauelN by the
franchiser wi
thout liability.
16. GOVERNING LAW.
The definitions of macs used or the intaponadon ofthe agmemcn, and the nghm are[[ parties hereunder shin he
coustrued under and governed by the, laws of the Sam of Colorado, USA.
The following Additional Conditions apply only in cases where the Sella is in pert work hereunder,
including the servicesof Sellers Represenmtive(s), on the premisesof others.
19. SELLERS RESPONSIBILITY.
The Seller shall carry oa said work at Sellers own risk. ,if the same is fully completed and tcepbed, and shall.
in m5e of any accident, dissolution or injury to the wad and/or malmah before Sellers final completion and
acceptance, complete the work at Seller's awn expense and to the satisfacra of the Purchaser. When materials
and equipment arc fumushed by others for installation or erection by the Seller, the Seller shall receive, colored,
stare and harudle alone at the site and became responsible therefor as though such materials and/or equipment
were being famished 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 bmefiti, to its employ., employed oa or in comedian with the work covered by this purcM1ase order,
and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Sella
shall also eamy comprehensive general liability including, but not limited In contractual and automobile public
liability insurance with bodily injury and death limits of a, least 5300,000 far any one person, 55DO,DOO far any
one accident laid property damage limit per accident of 5400,000. The Seller shall likewise require his
contractors, if any, to Provide for such intimation and insurance. Before any of the Sellers or his contractors
anployea, shall it,, any work upon ,he premises of others, the Seller shall famish the Purchaser with a certificate
that such carols, miter and insurance have been provided Such cetificams shall specify the date when such
ompmsalion and insurance have been provided. Such cenifieels, shall specify the date when such compensation
and insurance expires. 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 Seller hereby summers the entire reatxsnsibiliby and liability for any and all damage, loss or injury army kind
or nature whancever to publemor or ptipaty caused by or resulting from the execution ofthe work provided for in
this purchase order or in correction herewith. The Seller will indemnify and hold harmless floe Purchaser and any
r all of the Purchasers officers, agents and employees fmm and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchua may
be put or subject by reason of my act, docker, ncgltl, omission or defeat on the part of the Seller, any dhis
eantmetou, or any of the Sellers or contractors officers, agents or employees. In case my suit or other
proceedings shall he brought against the Purehuer, or its officers, agents or employees at my time on account or
by reason of my act, action, neglect, omission or default of the Sella of any of his contractors or any of its or
their officers, agents or cmployces ss aforesaid, the Seller hereby agrees to assume the defuse sherenf and to
default the same at the Sellers own expense, m Pay my and all cases, charges, attorneys fines and other expenses.
my and all judgments shot may be incurred by or obained against the Purchaser or my of its or their officers,
agents or employees in such suits or other proreedingn, and in case judgment or mho lim be, placed upon or
obtained against the property of the Purchases, or sad parties in or as a result ofsuch suits or other pmcedings.
Have Sella will at once mace she same to he dissolved and discharged by giving band or otherwise. The Sella and
his contractors shall like all safety pmcautions, famish and iusmll all guard mcrosary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, bur without limitation, the
Occupational Safety and Health Act of 1970 and all rules and regulations issue pursuant thereto.
Revised (Garda