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HomeMy WebLinkAbout102606 4 RIVERS EQUIPMENT LLC - PURCHASE ORDER - 9145857PO PURCHASE ORDER 914585er Page CI�/ of PURCHASE 45857 1 of z ' `tCollins[ This number must appear V on all invoices, packing sli s and labels. Date: 10/10/2014 Vendor: 102606 4 RIVERS EQUIPMENT LLC 1100 E CHEYENNE RD COLORADO SPRINGS CO 80905 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 10/09/2014 Buyer: DOUG CLAPP Note: ref. Bid # 7636 Hydraulic Excavators Line Description Quantity UOM Unit Price Extended Ordered Price KRYPTO CLAW THUMB 36" BUCKET 1 LOT LS 17,886.00 FOR 160G EXCAVATOR PER QUOTE DATED 5/21/14 Contact: Greg R. or Eric Deliver to: Fleet Services Shop 906 W.Vine Fort Collins, CO 80521 Please call 24hours prior to delivery " shop hours are 7:30am to 3:30pm 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order'fenns and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local cues. Dec Exemption Nomber is I L NON WAIVER. 98-04502. Federal Excise Tax Exemption Cmificare of Registry 84-6000581 is mgishand, with the Collar, of Failure of Ne Furcuuer to iredi. upon sme' performance of the terms and canditiens hereof, failure or delay so normal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Clutter 39-26,114 (a). atheist, any rights a remedies provided herein or by law, fail.. m pmnptly mrify the Seller in the teem of a breach, rle, acceptance ofor payment for good hereunder or approval ofthe design, shall not release the Seller of Goods R jgeed. GOODS REJECTED due to (alum to meet spaifsmions, either nben shipped or due or defecss of any of the wartanfra a obligations of this pmzIwxe order and shall rot be deemed a waiver of any right of the damage In ta.it, may be remanded to you for credit and are slut fo , replaced exc@t upon receipt Of written purthmer so insist upon shin peRorchanre hereor or any of its rights or rarmier as or my such goads, regardless instructions from the City of Far Chinni. of when shipped, received or ttcepted. as . any prior or subsequent default hertmder, nor shall any puryoned and moli oration or rescission of this purchase order by the Purchaser operate a a waiver of any of the Tema Inspection. GOODS are subject o the City of Fort Collins inspection on survival. hereof. Final Accepance. Receipt Of the merchandise, services or equipment in response m this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, u is m be understood that FINAL Seller and the Purchaser recognize that in actual ec Ic practice, overcharges resulting from antitrust ACCEPTANCE is dependent up on completion ofall apinhadderertured inspection prwames, violations are in fact home by the Purchaser. Theretofore, good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Peons. Shipments must be F.O.B., City of Fon Collins, 700 Wswd Su, 1bn Collins, CO 80522, unless Otherwise spadlal on this order. If permission is given to prepay freight and cl urge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Dimaml. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deduned fmm Invoice when shipments are made from greater distance. Permits. Seller shall procure or sellers sole cost all nacssary, permits, cenificotn and no.. required by all applicable laws, mgulations, ordinances and cults of the ware, municipality, ourimry or political subdivision where the work is performed, or radial by any other duly oonstional public authadty having jurisdiction over the wort: of cellar. Seller fuller agrees to hold the City of Fort Collins larmlrss But and against all liability all loss incurred by them by reason of an crowded or established violarion of any such laws, regulations, ar ances, rates and requiremcnn. Authorization. All panics to this contract agree that the representatives are, in fact bona fide and possess full all complete autbariry m bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the temu and conditions sated heain set forth and any supplementary or additiowl tarty and condirions annexed hereto or inco perew herein by reference. Any additional or different teats and conditions proposd by seller are objected ro 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 esscow. Delivery i I mrl'omtmice most be eDemed within the are stated an acne pn duce, order and else documents mulched hereto. No acts of the Purchasers including, without limitation, acceptance of p hrual late deliveries, shall operate as a waiver of this purvia rut. In the event crony delay, the Purchaser shall have, in addition to enter legal and auiable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable For damages e, a result of delays due to causes not reasonably foreseeable which are beyond its charitable commy and without its fault of negligence, such acts of God, act ofcivil or military authorities, governmental priorities, fires, strikes, now, epidemics, wars or curs provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when In, Sena nrst renewal knowledge thereof In the runt of my such decoy, the date of delivery shall be extended for pmiod egml to the lime actwlly lost by rearm ofthe delay. 3. WARRANTY. The Sella... that all goods, ankles, materials and work covered by this order will .of with applicable drawings, specifcations, samples andfor other descriptions given, will be Fit for the purposes imaWd, all performed with the highest degree of care and competewe in accordance with accepted standards for work of a similar waa. The Seller agrees to Mid the purchaser harmless from any loss, damage a expanse which the Purchaser may suf or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any damers or faults arising within one (I) year or witain such longer period of time Or may be presrnberl by law or by the terms of any applicable wens my provided by the Seller after the date of cceptance of the goods famished hereunder (acceptance not to be unrtamwbly delayed), resulting fmm imperfcet or defective work done or materials famished by the Seller. Acceptance a use Of goods by the Purchaser shall not onstimte 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 wormaties or guarantees, but such liability shall in no event include loss of profits or loss Of use. NO IMPLIED WARRANTY OR MERCI IANTABILITY OR OF FITNESS FOR PURPOSE SI IALI. APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purcham, may make any chnge, 10 Ne menu, other than legal temex including Wditimis to or delaioru from the qm difes originally ordeal in Ne spa hficaliorss or drawings, by vetWi a written change mda. Rotor such change affects the amaum due or the lime of perfchromee Mteurtder, an a radmble adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by warned change order, terminate this agreement res to any or all portions of fe, goads then not shipped, subject to any amiable adjustment between the panic as to any work or amounts then in progress provided that the Purchaser shall not be liable for any claims for anticipated points on the commerical portion ofthe goods armror work, for incidenml or comequemial damages, and tlut no such adjustment be made in facer of the Seller with respect 1. any good which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods deliveed hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. N. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and fumfshed in strict complier. with all applicable laws and regulations to which the grad art subject. The Seller stall exewte and deliver such documents he may be required to effect or evidence compliance. All laws and regulations raluiral to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all can and damages suffered by the Purchaser as a result of the Sellers failure he comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior walthea consent of the other pa ry. 10. TITLE, The Sella warroms full, clear and umeariam tide to the Purchases for all equipment, materials, and items fi m 1mJ in performance of this agreemrnt free and clear of any all all Item, red dctiam rtserwtians, security incrust cocumbrances and claims of others. acquired under fedend or state unotmst laws for such overcharges relating to the particular goods or services purchased or acquired by cube Purchaser pursuant an this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to cancer nonconforming or defective gads by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indictors its inability Or unwillingness to comply, the Purchaser may no. the work to be performed by the most expeditions means available or it, and he Seller shall pay all costs associated with such work. The Seller shall release Ibe Purchaser and its cardownrs of any, her firm all lability and claims of any ware resulting fmm fire performance Ofsucb work. This release snail apply even in the event of fault of negligeare of rate party released and shall extend m the di.nors, office. and employees fsuch piny. The Settees contractual obligations. including warranty shall not be deemed to be reduced, in any way, becane such work is performed ar caused to be performed by the Purchaser. 14. PATENTS. Whenever toe Seller is required m use any design, device, material or process covered by letter, patent, to demark or copyright, the Seller shall indemnify and save harmless the Purchaser fmm any and at I claims for infringement by ream ol'rise ore of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense ar damage which it miry be obliged m 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 she intended nse of the goods, is in ouch suit held to conatituta infringement and the use of said equipment or pun is enjoined, he Seller shall, at its awn expense and at its option, either Inseam, for the Purchaser the right 10 continue wing said equipment a parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninGnging. IS. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the bereft of creditors, appoint a recriva or trustee for any of the Sellers property or business, this .der may forthwith be canceled by the Producer Wilbur liahiliry. 16. GOVERNING LAW, The definitions oftema used Or the interpretation ofthe agreement all she rights of all pri irs hereunder shall be construed under and gavemed by the lass of the Sate of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to Perform work hneander, including the services afSellera Represenasivn(s), an the premises creation, 17. SELLERS RESPONSIBILITY. The Set,, hall carry, on said work in Scllees own risk and the same is fully completed and i crepted, and shall, in case of any accident, deswdion or injury in the work andsor materials before Seller's radial completion and acceptance, complete the work am Stllres own expense and m the salafterm. of the Pachaa. When materiel and equipment are famished by others for installation or criterion by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor an, though such materials andar equipment were heing famished by the Seller under the oNer. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers cooperation, including meriparem disease benefits, to its employees employed on or in connection with the work covered by this Furnace order, ansPor to their dependents in accordance with the laws of Ne stale in which the work is to M done. The Sella shall d- awry surmises, ere gees nl liability including, bur roo limit d ou communal and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, S500,00o for any one accident and property damage limit per accident of 5400.000. The Sella shall likewise require his contractors, if my, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees mail do any work upon the premises of ohers, the Seller snail fum¢M1 the Purchaser with a ceninmte Nat such compensation all insurance have been provided Such cenifiwmes shall specify the done when such compensation and insurance have been provided. Such cenifirame shall spcify the date when such comprnsation all announce expires. The Seller agrees that such compensation and insurance shall be maintained until after rate entire work is completed all accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damagh loss or injury of any kind or nature whatsoever to persons or pmpeny caused by or resulting Tam the execution of rise work provided for in His purchase order or in connection herewith. line Seller will indemnify and hold handless the Purchaser and any cr all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, harges or expert whether direct or indirect, and whether to personsor property to which the Purchaser may be put or subject by mamn of any act, action, negleo, omission or default on he 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 be brought against the Puahasem or its officers, agents or employees at any time on account or by reason of any or, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers , agents or employees as aforesaid, the Sella hereby agrees to assume the defense thereof and to defend the same err the Sellers own expense, to pay my and.11 costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or Obtained against the Puahasa or any cries or their officer, agents or employees in such suits or other proceedings, arm in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in err as a result ofsuch suits or other proceedings, the Sella will at once cause the same to be dissolved add Exchanged by giving Now or otherwise. The Seller and his contractors shall sake all safety precautions, famish and install all guadx materials for the prevention of accidents, comply with all laws and regular ods with regard to safety including, but without limitation, the Occupational Safety am heralds Act of 1970 and all ales and regulations issued pursuant Ncrer. Revised 01R014