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HomeMy WebLinkAbout108939 L L JOHNSON DIST CO - PURCHASE ORDER - 9146590Fort Collins Date: 11/12/2014 Vendor: 108939 L L JOHNSON DIST CO 4700 HOLLY ST DENVER CO 80216-6410 PURCHASE ORDER PO Number Page 9146590 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS CO 80521 Delivery Date: 11/10/2014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price Set of True Surface 1 LOT LS 9,145.00 Vibratory Rollers ref. quote dated 10/21/2014 per Tim B. Contact: Greg R. or Eric ph# 970-221-6613 Deliver equipment 8 documents to: Fleet Services Shop 906 W. Vine Fort Collins, CO 80521 "Please call 24 hours prior to delivery " shop hours 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 145.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 chase Order Terms and Conditions Page 2 of 2 1. COMMERCW.DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local boxer. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84 6000587 is registered[ with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smmres 1973, Chapter 39-26, 114 (a). Goad Rejected. GOODS REJECTED due to failare to num specifcatims, either when shipped or due to defect of damage in transit, may be returned to you for credit and are not to ba replaced except upon receipt of wrinm instructions from the City of Fort Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in tempos, to this order can result in authorised payment On the pan of the City of Fan Collins. However, it is to be understuwl that FINAL ACCEPTANCE is depembut upon completion of all applicable required inspection procedures. Freight Terms. Shipment must be F.O.B., City of Fan Collins, 700 Wood Sr, Fan Call., CO 80522, .Ness otherwise spvoifiM on this order. Irrationalism is given to prepay freight and charge selandely, the original freight bill must commits, invoice. Additional charges for packing will trot be accepted. Shipment Distance. Where msinufmturers have distributing prwts in various pans of the country, shipment is expected from the portrait distdburom point to datiwtion, and excess freight will be deducted from Invoice when shipment are made from grater distance. Permits. Seller shall revenue at sellers sole cost all necessary permits, extificata and licenses required by all applicable laws, regulations, ordinances and roles or the slate, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fred Collins hurnmess from and against all liability and loss incurred by them by reason of an asaned or established violation of any such laws, regulatiom, ordiwnca, roles .it re,irement. Authmaation. All rani. to this contract agree that the representatives or. in fact, born fide and poa.. full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the moms and conditions stated herein set forth and any supplementary or additional Imams and conditions annexed hereto or incorporated herein by reference. Any additional or diiTememt terms not conditions proposed by seller am objected to and hereby rejected]. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment in arrive on your promised delivery date. noted. Time is of the cssrnct, Delivery and performance matt be eRected within the time wood as the purchase order and the document attached hereto. No acts of the Purchases including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of my delay, the Pa chgr shall hive, in addition to .,her legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are bayou) its reasonable control and without it fault of negligence, such art of God, act ofcivil or military authorities, governmental priorities, firs, wilds, flood, epidemics, wars err data provided dust entice of the conditions cousin, such delay is given to the Purchaser wihin five (5) days of the time when the Sella first received knowledge thereof. In the aem ofany such delay, the die of delivery shall be extended far Ne period egml mo the time actually Imt by reawn ofthe delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specilicatims, samples andlor other desiniptiom given, will be fit for the proposes intended, and performed with the highest degree of care and competence in accordance with wo'bal mandead for work of a similar nature. The Seller agrees to hold the, purchaser harmless room any lass, damage or expense which the Purchaser may suffer or incur on aceount of the Sellers breach ofwammry. The Seller shall replace, nepa'v or make good, without cost to the purchaser, my defects or faults arising within one (I) year or within such longer record of time. may be prescribed by law or by the terms ofer, applicable wamanry provided by the Seller arm the date of acceptance of the goods famished hereunder (aeeptatae not to W ameasorately delayed), resulting from imperfect or defective work done or materials famished by the Seiler. Acceptance or use of goods by the Purchaser shall not rnstitume a waiver ofany claim under this warranty. Except as otherwise provided in this purchase ordca the Sellers liability hereunder shall extend to all dama,es proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in an event include lass of profit or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes m legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any on ... a to the terms, other than legal terms, including additions to err deleliom from the quantities originally ordered in the specifications or drawings, by verbal at wdren change order. If any such change affect the amount due or the time ofperfmmance hereunder, an equitable adjustment shall be made. 6. TERMRJATIONS. The Purchaser may w any time by wrium change order, Wounnote this "cam m as to my or all portions of the Foods then not shipped, subject to any equitable adjustment between the panic as to any work in materials then in progress provided that the Purchmer shall runt be liable per my claims for anticipated profits an the uncompleted Indian of the goods OnNm work, for incidental or comequmtul damages, and that an such adjurnmen be made in favor of the Seller with respect to any goods which art the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany oftheir obligations. to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment matt be asserted within thirty (30) days from the dare the change or termination is ardenea. 8. COMPLIANCE WITH LAW. The Seller wrment that all goods said hereunder shall have been produced, sold, delivered and fumishcd in strict compliance with all applicable laws ard populations to which flue, good me subject The Seller shall execute and deliver such document as may be required to effect or evidence compliance. All laws and re,ulmom required N be incorporated in agreements of this character am hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all casts and damages suRered by the Purchaser . a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shill assign, transfer, m convey this order, or any modes due or 0 become due hereunder without the prior written moment of the otherlaw,. 10. TITLE, The Seller warrants full, clear and um.m.ad title to the Purchaser far all equipment, minutes, and it. furnished in performance of this egrccmeal, free and clear of any and all he., r.men... momentum. sauriry interest encumbrances and claims ofothers. 11. NONWAIVER. Failure of lbe Purchaser to insist upon social perf ma of the tears and conditions hereo( Future or delay N examisany rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, e the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of any of the wmmnties or obligations of this purchase order and shall not be deemM a waiver of any night of the purcM1mer to insist upon strict pref.rmame hac.for any of its night or mondies as to any such good, regardless of when Shipped, meceired or accepted,. to any prior or subsequent default harm nder, nor shall any purported mat modifieamion or rescission of this provision, under by the Purchaser operate as is waiver of any of the temu hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchase recognize that in actual cumomme pmeti., overcharges resulting from antitrust violations are in fact home by the Purchaser. Theriofore for good cause and as consideration for executing this purchase order, the Seller hereby assigns to Nc Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overcharges relating to mho particular goods or wevica purchased or acquits by doe Pmclo er pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser direct the Seller to correct nonconforming m defective goods by a date to he agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or newillingne. to comply, the Purchaser may, cause the work to be performed by the most expeditious means available In it. end the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and in mntrsm.ts of any tier from all liability and claims of any .arm resulting from the performance afauch work. _ This release Shall apply even in the event of fault of negligence of the perry relmsed and shall extend to the directors, officers and amployces afauch parry. The Sellefs communist obligations, including warranty, shall not be deemnd in be induced, in any way, became such work is orfamred or consort to be performed by the Pumhaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright. the Seller shall indemnify and save batmla. the Purchaser from any and all claims for infringement by reason of the use, of such patented design, deice, material or process in competion with the contract, and shall indemnify the Parchasm For any ace, expense or damage which it may be abtigM to Pay by.. ofs.ch infringement at any time dinning due prosecution or after tic completion of the work. In ease said equipmrnt, or any pan thereof of the Intended use of the goods, is In such Suit held to constitute Infringement and the use of said ex oipnrem or pan is enjoined, the Seller shall, at its own expense end at it option, either procure for the Prrcbmer the right to continue using said equipment or pans, replace the same with substantially equrd but noninfringin, equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall became insolvent or bmmkmpt, make an assignment flu the bcneft of em,limrs, a,mu a naverve, or lama for my of the Sell. property Orbusiness, This older may forthwith he canceled by the Parchmentwithout liability. 16, GOVERNING LAW. The definitiom of terms used or the interpretation ofNe agreement and the right of all panics hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Adi itioml Conditions apply only in taus where the Seller is to perform work hereunder. ncludingtie services of Sellers Represrnmtive(s), antheprem anofothers. 17. SELLERS RESPONSIBILITY. The Seller shall arty an sold work at Sellefs own risk until the alum is fully complied and accepted, and shall, in lase of any accident, destruction m injury N the work andlor nustmas before settees final completion and commerce, complete the work at Sellefs awn expense past to the satisfaction of the Purchaser. When mammals and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor . though such materials and/or equipment were being fumshed by the Seller under rise order. I,. INSURANCE. The Seller shall, at his own expense, provide for the paymrnt of workers compensation, including «cryaeowl chamber benefits, be its employees employed on Or is c nnumbon with the work mommul by this purchase order, and/or to their dependents in acoardami, with the laws of the state in which the work is to be done. no Seiler shall also army comprehensive general liability including, but not limited ta, contmetual and eubmari le public liability insurance with bodily injury and death limit of at least S300,000 foe any one person, S50adw for any one accident and property damage limit per accident of S400,000. The Seller shall likewise captain, his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall Finnish the Purch.er with a certificate Nat such mmpeasation and insurance have been provided. Such ceninca ce shall specify the date when such ompmsation and usureoce have been prosidee. Such cerefmles shall specify the date what such compensation and i..a expires. The Seller signs. Nam such compere rim and insurance shall be maiamimd well softer the attire work is completed and mcepred. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire ranpo.lbllity and liability for any and all damaga, loss m injury of my kind Or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewiN. The Seller will indemnify and hold harmless the Pureb.er and any cr all of the Purchasers officers, agents and employees from s, m and against my and all claimlosses, damages, harges or expenses, whether direct or indimecm, and whether to pa ame or property to which Ne Purchaser may ba put or subject by reason of my act, action, neglect, omission in &&alr m the Fort of the Seller, my of his contractors, or my of the Sellers or contractors ollicems, e,ent or employees. In case any suit or order proceedings dull m brought against the Purchaser, or its.facams, agents on employees at anY time Or azcounm or by row. of my i m, mean, neglect, omission in data.[, of the Seller of any of his commctors or my of its ar their offcers, a,ent Or employees .aforesaid, the Sella hereby agrees to .some the defense thermf and to defend the same at the Sellers awn expense, to pay any and all cast, chars., allomep fees and other expenses, any and all judgment that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suit or other proceedings, and in caw judgment or other lien be placed upon Or obtained against the property of the Purchaser, or said ponies in or. a result of such suit or other proceedings, the Seller will at once w., the same in be dissolved and discharged by giving bond or Wmisvise. The Seller and bin mo nacmrs shall bake ell safety precautions, fiprsM1 and imtill all guards necessary far the pre oration of eccideat, comply with all lawn and regulations with expect to rarely including, but wihom limitation, tic Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thenio. Revised 0I12014