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HomeMy WebLinkAbout482528 BOBCAT OF THE ROCKIES - PURCHASE ORDER - 9146362PO PURCHASE ORDER 914636er Page Cliy. of PURCHASE 46362 1O'2 ' `tCollins( Thisnumber must appear V on all invoices, packing sli s and labels. Date: 10/30/2014 Vendor: 482528 BOBCAT OF THE ROCKIES PO BOX 844216 DALLAS TX 75284-4218 Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 10/30/2014 Buyer: DOUG CLAPP Note: rental bid Line Description Quantity UOM Unit Price Extended Ordered Price t Rent a used Holder 992 Tractor with snowblower, v-plow and spreader. Rental to begin 10/27/14 and continue for 2 months for the Street department- M3503. Per rental/sales agreement dated 10/01/14. Contact: Greg R. or Don 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 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 COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm stale and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-60(1 is registered with the Collector of Internal Revenue, Denvev Colorado (Ref. Colorado Raised Samtes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to mat specifications, either when shipped or due to defects of damage m transit, may be reamed to you for credb and me not to be replaced except upon receipt of wrnen instructions Than Be City of Fort Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on mrival. Final Acceptance. Receipt of the merchandise, services or equipmentw in response to this order result in authorized payment on the part of the City of FortCollins. However, it is to be understood thatFINAL ACCEPTANCE is dependent upon completion of all applicable t nfird inspection procedures. Freight Terms. Shipments most he F.O.D.. City of Fort Collins, 100 Wood St, Fort Collins. CO 80522. unless otherwise specified on this order. If permission is given to prepay, freight ad charge separumly, the original freight bill must accompany invoice. Additional charges for packing will not be acceptd. Shipment Enforce. Where manufacturers have distributing points in various pars of the country, shipment is expected from the unrest distribution point to destination, and excess freight will Is, deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure ar sellers m[a can sll ncecssary pennies, certificates and he. regarded by all applicable but, mgulatiom, ordinances and roles of the state, municipality, territory or political subdivision where the work is performed, or requird by any other duly mentioned public auhority bavingjunisdiction over the work Of vendor. Seller further uses to hold the City of Fort Collins harmless Gom and agaiwt all liability and lass incurred by them by noun Orion asserted or established vimlumb of any such laws, regulaiow, ordinances, roles and noBiremmts. Authorization. All parties 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 expreuly limits occeptaoce in the temp and conditions stated herem sat form and any supplementary or whint.nal terra and conditions amexd hereto or incorporated herein by reference. Any additimal or dltferent It. and conditions imposed by seller ode objected m and hereby rejmld. 2. DELIVERY. PLEASE ADVISE PURCHASING AGEN Iimmediately ifymu cannot make complete shipment to arrive on your promised delivery date as noted. lime is mf the essence. Delivery and performance most be effected within the time sited ran the purchase oMer and the documents mloched hereto. No mts of the Purchasers including, without limimtiov, acceptance of partial late deliveries, shall op did as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and ryuitable remedies, the option of placing this order elsewfiere and holding the Seller liable for damages. However, the Seller shall rat he liable for dmnago as a recall of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofnegligmce, such acts ofGd, aces ofcivil or military amhoritics, perorational priorities, Gres, stnkes, Rood, epidemics, wars or riots provided that notice of the conditions causing such delay is given In the PureM1uaer within five (5) days of the time when 6e Seller first received knowledge thereof In the event of any such delay, the date of delivery shall To extended for the period equal to the time actual ly lost by reason of the delay. 3. WARRANTY. The Seller warrants that all good, articles, nuterials and work covered by this Order will conform .rim applicable drawings, sped refs iom, samples ardor Omer desedptiow given, will be, fit for the Purposes untamed, ad performed with the highest degree of pre and competence in accordance with accepted standards for work of a miler nature. The Seller agrees to hold the purchaser hammleas from any loss, damage or expense which the Purchaser may suffer or incur on account ofine Sellers breach of warranty. The Seller shall replace, repair or make good, without cast 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 woman, pmvided by he Seller alter the data of acceptance of the gods famished hereunder (acceptance not to be immeasurably delayed), resulting from imperfect or defective work done or materials fumishd by the Seller. Acceptance or me of goods by the Purchaser shall not consfiote a waiver of any claim order this wart Except m otherwise pmvided in this porchase order, the Sellers liability hereunder shall extend to ell damages proximately coused by the breach of my of the tuckering warranties or guarantees, bur such liability shall in no event include loss of profits or loss of use NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal moss by wagon change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the temrs. tamer than legal terms, including additions in or dklerions from me paramount originally ordered in the specifications or drawings, by verbal or wrium change order. If any such change affects the amount one or the time of performance hneunder, an equitable adjustment shall d made. 6. TERMINATIONS. The Purchaser may at any time by written change maker, terminate this agreement as to may or all portions of the gels then not shipped, subject to any equitable adjustment between the ponies as to any work or materials than in progress pmvided that the Purchaser shall not be liable for any claims for anticipated profits on me uncompleted portion of the goods andkor work, for incidental or cocamPrenhal damages, and that no such djustmenn be made in favor of the Seller with respect to any goods which are the Sellers standard suck. No such terndmuoo shall have 6e Pmchsser .,,he Seller of my oftheir obligations aw to any gods delivered hereunder. 1. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within 0drty (30) days from the doe the change or conduction is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and fumishd in strict compliance with all applicable laws mM regulations on which the goods are subject The Seller shall execute ad deliver such documents as may be required to iffii or evidence compliance. All laws and regulations na fird an he incorporated in agrmmarts of his character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Purchaser ss a result of 6e Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign transfer, or convey this oMer, or any monies due or to become due h ommi without the prior written comet of 6e other pony. 10. TITLE. The Seller wanants full, clear mail muestrieted title to f Purchaser for all equipmmt materials, and items fie nishd in pauffirrandes, of his agreement, free and clear of may and all liars, restrictions, rescrvalimu, security interest encumbrances and claims ofmhers, 11. NONWAIVER. Failure of the Purchaser to insist upon mount performance of the terra and conditions hereof, failure or delay to exonciat any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, me sc xfoance of or payment for goods hereunder or approval of me design, shall not release the Seller of any of the warranties or obligations of this purchase not and shall not be deemed a waiver of any night of Be purchaser to past upon str el performance heteofor any of its rights or remedies as to any such goads, regardless of when shipped, received or accepted, as to any prior or sabscqurnt default hereunder, we shall any pmponed am[ modification or rescission of this purchase order by the Pumhaner operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and me Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact borne by the Purchaser. Theremfore, for god cause, and as consideration for executing this purchase order, me Seller hereby modgm to the Purchaser any and all claims it may raw have or hereafter acquired under fdml or slope antitrust laws for such overcharges relating m the ponicular goods or service Purchased or acquired "a Purehsscr pusuant to this purchase other. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifire Purchaser directs the Seller to o finch noncon6rming or defective goods by a data to be agreed upon by the Purchaser and the Schur, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work no be performed by the most expeditious means available m it, and the Seller shall pay all costs soaocimed with such work. The Seller shall odesse the Purchaser and its comrutors of any fier from all liability and claims of any wove resulting fmm the firfommnce of sash work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, once. and employees of such party. The Settees contractual obligations, including warranty, shall not be deemed to he reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14, PATENS. Wbenever the Seller is rtquiM to use any design device, material or process covered by letter, perms. bookmark, copyright the Seller shall inderrmify and save harmless the Pumlauer from any and all claims for infoingement by reason of 6e use of such patented deign, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the protection or an,, the completion of the work. In case said equipment, or any pan thereof or the intended one of the gouda, is in such suit held ro co®tim a infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purhaser Be night to continue using said equipment or pans, replace the same with substantially tr ual but uninftinging equipment or modify it on it beroma uninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt make an assignment for the benefit of creditors, appoim a or trustee for any of me Sellers property or business, this order may forthwith be canceled by the c Pu receiverOr without liability. 16. GOVERNMG LAW. The definitions of terms used or the interpretation ofine agreement and Be rights ofall parries hereunder shall be continued under ad governed by the laws ofine State mfColotado, USA. The following Additional Conditions apply only in case where me Seller is to perform work hereunder, services f including the vices oseams RsPboanmtivNs), on the premises of others. IT. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Seller's own risk until me same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work arbor deman ds before Sellers fiwl completion and acceptance, complete the work at Seller's own expense and to me satisfaction of the Purchaser. When natenals and ryuipmmt ate furnished by others for installation or erection by Be Seller, me Scller shall receive, unload, stare and handle sun at me site and become asp ndsible 6erefor m though such materials andbor equipment ware being fumishd by the Seller under me order. 18. INSURANCE. The Seller shall, at his own expense, provide for nhe payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, maker to their depeden6 in accordance with the laws ofine state in which me work is to be done. The Seller shall also carry comprehensive general liability including, but ma limited to. mmnaual end automobile public liability insurance with bahly injury and death lids, of at least S300,o00 for my one person, S500,00o for any cadent and propmy damage limit per accident of S40g000. The Seller shall likewise regain, his comaccident if any. to provide far such compensation and insnrume. Bert any ofine Servers or his continuum employees shall do any work upon the premises of ethers, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have, been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation ad insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENT'S AND DA kGES. The Seller hereby m a du entire raspnnsibiliry and liability for any and all damage, loss or injury of any kind or wpm, whatsoever to persons or property caused by or resulting fmm the execution ofe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers otTcers, agents and employees Gom and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or pmpery to which the Purchaser may be put or subject by reason of my act, action, neglect, omission or default on the pan of the Seller, any of his conducted, or any of the Sellers or contractors officers, agents or employees In can any suit or other proceedings shall he bought uporea 6e purchaser, or its olTicers, agents or employees at any time on account or by reason of any set, action, neglect, omission or default of the Seller of any of his contractors or any of its m thou officers, agents or employees set aforesaid, the Seller hereby agrees to assume me defense thcrmf sd a defend the same at Be Sellers own expense, to pay any and all costs, charges, --el f s eta oMer expnaes, any and all judgments that nay be incurred by or obtained against he Purchaser or my 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 property of the Purchaser, or said parties in or as a result ofsuch suits or other proceedings, me Seller will at once cause me same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shill take all safety precautions. Finnish and iwloll all gird necessary for the prevention of accidents, comply wit all laws and regulations with regard m saRty including, but without limitation, the Ocmpatiowl Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 01R014