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HomeMy WebLinkAbout102606 4 RIVERS EQUIPMENT LLC - PURCHASE ORDER - 9146446PO PURCHASE ORDER 914644er Page C117/ Of 9146446 t of 3 ' `t Collins Thisnumber must appear ` \� on all invoices, packing sli s and labels. Date: 11/04/2014 Vendor: 102606 4 RIVERS EQUIPMENT LLC 1100 E CHEYENNE RD COLORADO SPRINGS CO 80905 Ship To: WATER TREATMENT PLANT #2 CITY OF FORT COLLINS 4316 W LAPORTE AVE FORT COLLINS CO 80521 Delivery Date: 11/04/2014 Buyer: DOUG CLAPP Note: replaces unit # 3294 ref. CDOT bid #IFB12077MM Line Description Quantity UOM Unit Price Extended Ordered Price 1 John Deere 624K Wheel Loader reference quote dated 9/26/14 per Brett B. 2013 JD624K wheel loader - $146,705.05 ACS patriot Model 30 coupler - included Optional Auxiliary 3rd function - $2,182.00 Optional heated Mirrors - $306.00 Optional Heated High back seat - $455.00 Loadrite 2180 scale - $9,500.00 Beacon & cb radio - $1,133.15 sub -total - $160,281.20 rent applied @80% of $20,097.30 = $16,077.94 Total - $144,203.36 Contact: Greg R. or Eric ph# 970-221-6613 Deliver equipmentl documents t: 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.wm 1 LOT LS 144,204.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PO PURCHASE ORDER 914644er Page CI�/Of 9746446 2of3 Flirt Collins This number must appear ,�'J`-, ` on all invoices, packing sli s and labels. Line Description ` u4m.ry UOM Unit Price Ordered Price Fleet Services Shop 906 W. Vine Fort Collins, CO 80521 Total $144,204.00 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 3 of 3 1. COMMERCIALDEfAIIS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local nixes. Our Exemption Number is I I. NON WANER. 98-04502. Federal Partix Tax Exemption Cmifcam of Registry Murmu 58T is registered with the Collector of Failure of the Purchaser to insist upon strict Performance of the moss and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1923, Chapter 39 26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due na failure to meet speri(cations, either when shipped or due to defects of any of the warranties or obligations of this pumb. order and shall not be deemed a waiver of any right of the damage in transit, may be marred to you for credit and are out to M replaced except upon recision of written purchaser no insist upon strict performance Incomfor any of iU rights or remedies as to any such goods, regardless instruction, fmm the City of Fort Collins. of when shipped, received or accepted, or to any prior ar s.bw aInt default hemander, not shall any purported am[ modification or rescission of this punTa , order by the Purchaser operate as a waiver of any of the terms Imp rnum. GOODS art subjecno the City of Fort Collins inpecnion on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response m this order can result in 12. ASSIGNMENT OF ANrITRUSTCLAIMS. authorized Payment on the pan of the City of Fan Collins. However, it is to M understood that FINAL Seller and the Purchaser recognize that in wort corc mic practice, oveharges resulting firma antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser. Thereof nfor good cause and as comadermion for executing this purchase rude, the Seller hereby assigns to the Purchaser any and all claims d may row bave or hereafter Freight Terms. Shipments must be F.O.B., Ciy of Fart Collins, 200 Wood St, Fort Collins, CO 80522, unless acquired under fdeml or sure amirmst laws for such overcharges relating to the Funicular goal or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bit must accompany invoice. Additional changes for making will not be accepted. 13, PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Wheremnufazturms have distributing points in varrocas pans of the country, shipment is Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a daze to he agreed upon by the expected ftom the cares, distribution point to destiwtion, and excess freight will be deducted fmm Invoice whim Purchaser and the Seller, and the Seller thereafter indicates its imbility or unwillingness to comply, the Purchases shipments are made from grater distance. may carte the work m M peff d by the most expeditious means available nr it, and the Seller iha11 pay all casts assocutd with such wok. Permits. Seller shall practice at sellers sole cost all n urcurry permits, cenifcates and licensors required by all applicable laws, regulations, ofdimmces and miss of the state, municipality, tenirory or Political subdivision where the work is performed, or required by any other duly constituted public authority havingpoiss ictio s over the work of vendor. Seller dune, agrees no hold the City of Fort Collins hmmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, mdinamces, roles and requirement, Authouradmic All parries to this contract agree that the representatives are, in fact, hone Bide and possess full and complete authority to bind said panics. LIMITATION OF TERMS, This Purchase, Order expressly limits acceptance to the or. and cond owns stand herein on firms and any supplementary or additiowl terms and conditiors arrived hertm or incorporated M1ercw by reference. Any additional or different temp and conditions proposed by seller are objected on wed hereby Pared. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to move on your promised delivery date a noted. Time is of the essence. Delivery and performance must M effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance in point late deliveries, shall operate it, a waiver ofthis pfovision. In the event of any delay, the Purchaser shall have, in addition to other legal and countable fwtdies, the option of placing this order elsewhere and holding the Sesser liable for damages. However, the Serer shall not he fable for damages as a result of delays due to causes not reasonably foreseeable which are beyand its reasonable control and without its fault of negligence, such wits ofGW, airs of civil or military suffortirs, governmental priorities,( s, strikes. Rod, epidemics, wars or only provided fast notice of the conditions rousing such delay is given to the Purchaser within five (5) days of the time when the Seller fro received knowledge thereof. In the went of coy such delay, the date of delivery shall M extended for the Pend equal to tbe time actually lost by reason oflbe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this Oder will conform with applicable drawings, specifications, samples and/or offer descriptions given, will be fit for the purposes intmdd, and perforated with the highest degree of care and competence in accordance won mic'sol standards for work of a milar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchoser may suffer or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make goal, without cast to the purchase, any defers or faults writing within one (1) year or within such longer peril of lime as may M prexcrihM by law or by the terms of any applicable werounty provided by the Seller after the date of Mummer of the good fumishd herewdn (acaptance not W be unreawwbly delayed), resulting from impeffan or deflective work done or mammals fumishd by the Seller. Acceptance or us of goods by the Punctuator shall not constitute a waiver of any claim under this warranty. Except in otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of coy of the foregoing common, or guarantees, but such liability shall in no event include lass of profits in loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SI ]ALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pardoner may make changes to legal moos by wmden change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make coy changes to the terms, other than legal terms, including addition to or deletion from the quantities originally ordered in the specifications or drowings, by sacral or women change offer. If coy such change affects the amount due or the time of performance hereunder, an equitable adjustment Sall M made. 6. TERMINATIONS. The Purchaser may at any time by written change order, temiwte this agreement as to any or all ponions of the grinds then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided in., it,, Purchaser shall not be liable for any claims for anticipated pmfiha on the uncompleted poniun of the goods and., work, far incidental or conequential damages, and that no such adjustment be made in favor ofthe Seller with respect to any goods which are the Sellers standard stock. No such motorman shall relieve the Purchaser or the Seller of any oftheir obligations w to any goods delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most M wourned within duty, (30) days fmm the date the cane or moratorium is ardcrtd 8. COMPLIANCE WITH LAW. The Seller warrants that all goals sold hereunder shall have been produced, sold, delivered and famished in sera compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulmiuns required m be neorpomled in agreements of this character are hereby incorporated herein by this reference. The Seiler agrees to indemnify and hold the Purchaser hamdess fmm all coma and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, vanfer, or convey this other, or my monies due or to become due hereunder without the prior wriurn consent ofthe other putty. 10. TITLE. The Seller warrants full, clear and unrestricted tide to the Purchaser for all equipment, materials, and items famished in performance of Nis uncommon, free and clear of any and all [ien, resection, reservations, security interest encambrances and claims of others. The Seller shall release the Purchaser and its contactors of any net fmm all liability and claims of any whore resulting fmm the Performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees cfsnch p thy. The Sellers contractual obligations, including warranty, shall not M deemed to be reduced, in any way, because such work is Performed or caused no be performed by the Purchases. 14. PATENTS. Whenever the Seller is equind 10 use any design, device, mMetial or process covered by lever, paherk trademark or copyright, the Seller shall indemnify and save Movies, the Purchaser from any and all claims for infringement by crown of the use of such parented design, device, material or process in connection with the co morn, cod shall indemnify the Puahser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or wry ,no thereof or the intended use of the goods, is in such suit held to conslwase infnngemew and the eau of said equipment or pan is enjoined, the Seller shall, at its own esponsc and at its option, either procure for the Purolwer, the right to cominue using said equipment or parts, replace the some with substantially eqal but noniminnging equipmrnr, or modify it to, it becomes wninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bwkmp , make an assignment for the benefit of creditors, appoint a er m trvsme for any of the Sellers property or business. this order may foMwith be canceld by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterrns used or the interpretation ofthe agreement and the rights of all parties hereunder shall be consimed under and governed by the laws o'the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is no perform work hereunder, including the services of Sellers RepresenmtmeBO, ry the premises of others. ❑. SELLERS RESPONSIBILITY, The Seller shall carry oo said wok M Seller's own risk until the same is fully completed and accepted, and mall, ax of any accident, destruction or injury no the work coni nutdals before Sellers I,.] completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When rw arrials and equipment art furnished by others for installation or emalon by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such maefials and/or equipment were Ming 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 benefits, to its employees employed on or in wrmection with the work covered by this purchase order, Maker to their dependents in accordance with the laws of the some in which the work is to be done. The Seller shall also carry comprehensive grneml liability including, but mi limited to, coutrutwl and automobile Public liability insurance with bodily injury and death limits of at from S300.000 for any one person, S5W,M for coy am accident and property damage limit per accident of S400,000. The Seller shall likewise require his communist, if coy, to provide for such compensation and insurance. Before any of the Sellers or his contactors employees shall do any work upon the premises of offers, the Seller shall famish the Purchaser with a cenifcate that such compensation and insurance have been provided. Such cenifwtes shall specify the date when such compensation and announce have been provided. Such irruptions shall specify the date when such compensation cod insurance expires. The Seller agrees that such compensation and insurance shall be mainmia d until after the emir¢ work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofwy kind in whom whasoesar m person or property caused by or resulting from the execution of wok provided for in this purchase order or in corrosion herewith. The Seller will indemnify and Mid armless the Purchaser and any r all of the Purchasers officers. agents and employees from and opium any wed MI claims, lasses, damages, charges or expenses, whether direct or indirect, and whether to person or property on which the Purchaser may be put or subject by reasw of any act, action, neglect, omission or default on the pan of the Seller, coy of his outoucmrs, or coy of the Sellers or camormtors of iem. agents or employees. In caw any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at say time oa account or by reason of any ocq action, regain, omission or default of the Seller of any of his commcrors or any of its or their officer,. agents or employees n afressid, the Seller hereby egrcrs to assume the defense thereof said to &fiend the same al the Sellers own expense, tr pay any sort all coals, charges, atmmrys fees and other expenses, coy end all judgmen¢ that may M 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 lies M placed upon or obtained against nbe Property ofthe Purchaser, or said Partin in at as a =oil of such suir or other procadings, the Seller will at once cause Ind seam to be dissolved and duchagd by giving bond or otherwise. The Seller and his conmetms shall take all safer, precaution bunch and hum11 all guards necessary fro ned prevention of accidents, comply with all laws and regularions with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all mica and regulations issued pursuan thereto. Revised (IM014