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HomeMy WebLinkAbout306043 MAC EQUIPMENT INC - PURCHASE ORDER - 9146592Fort Collins Date: 11/12/2014 Vendor: 306043 MAC EQUIPMENT INC 2116 W 1ST ST LOVELAND CO 80537 PURCHASE ORDER PO Number Page 9146592 1of3 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 Vacuum Truck Loader 1 LOT LS 4,639.20 ref. quote dated 10/21/14 Dept: Parks Contact: Greg R or Eric ph 970-221-6613 Deliver equipment and documents to: Fleet Services Shop 906 W. Vine Fort Collins, CO 80521 " Please call 24 hours prior to delivery " shoo hours 7:30am to 3:30Dm 2 Trailer Kit 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 1,529.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PO PURCHASE ORDER 914659er Page C117/ of PURCHASE 9146592 2 of 3 F6r} Collins This number must appear ,�—J`-' ` on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 3 Liner Kit 1 LOT LS 89.00 a Discharge Extension 5 21 Comm Mower 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 1 LOT LS 231.00 1,299.00 Vzol 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 3 of 3 I. COMMERCA.DETA1LS. Tax aemptiona. By statute the City of Fort Collins u exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-60OTM7 is registered with the Collator of Intemal Revenue, Denver, Colorado (Ref Col.& Revised Sam. 1973, Chapter 39-26,114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be resumed to you for could and arc not to be replaced except upon receipt of written instructions tom the City of Fort Collins. Inspection. GOODS are subject to the City of Pon Cullio inspection on arrival. Final Acceptance. Receipt of fie merchandise, servlm' or equipment in response to this order can moult in authorized payment on the part of the City of Fort Collins. However, it Is to be understood that FINAL ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. Freight Terms. Shipments must Ix, F.O.B., City of Fort Collins, 900 Wand St-, Fan Collins, CO 80522, unless otherwise spaiGed on this order. If permission is given to prepay (might and charge aepamerly, the original freight bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufa arms have distributing pains in varims pans of the country, shipment is expected from the debar distribution Point or destination, and excess freight will be deducted from Invoice what shipments are made from grater distance. Pennies. Seller shall promote at sellers sole cast all necessary permits, certificalm and licenses required by all applicable laws, regulations, ordionces and roles of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted Public authnriy having jurisdiction over the work of vendor. Seller further agrees to hold the City of Tom Collins harmless from and against all liability and loss mv rred by than by reason of an asserted or eatmlish d violation of any such laws, regulations, ordinances, roles and requirements. Authorization. All parties in this contract agree that the representatives are, in fan, bona fide and posuss full and complete authority to bind said ponies. LIMITATION OF TERMS. This Fumhau Order expressly limits acceptance or thc terms and conditions stated herein set fond mot any supplanmmry or additiaml teens and conditions smcxed hetefo or incorporated herein by reference. Any oddommi or different across and mnditims proposed by seller art objected to and hereby jetted. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannot make camphor shipment to active on your promised delivery, dam as noted. Time is of the aorna. Delivery and perfowmce must be abated within the time .,rated an the purchase order and the documents attached hereto. No acts of the Purchaser including, without limitation, acceptance ofpanial late deliveries, shall operate m a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other 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 beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, g.vemmenta[ priorities; fires, strikes, food, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first raeived knowledge thereof In the event of any such delay, the date of delivery shell be extended for the period equal to the time actually lost by reason nfthe delay. 3. WARRANTY. The Sella amounts that all goods, anicles, materials and work covered by this order will conform with applicable drawings, spaifwtioo, sample andror other lacriplicaut given, will be, fit far the purposes mended, and performed with the hippest degree of sou and competence in accordance with accepted standards for work of a similar oture. The Sella agrees to hold the purchaser harmless from any loss, damage or expense which the, Purchaser may sulfur or wear on account of the Sellers breach of warranty. The Seller shall replace, repair of make good, without cast to the purchase, my defects at faults arising within one (I) year or within such longer period of time in may b, prescribed by law or by the terns of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend m all damages proximately caused by be breach of any of do, foregoing warranties or guarantees, but 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 rerms by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Ptrehasa may make any changes to the It., order than legal terms, asquidwg obtai . so or deledms from the quantities originally ordered in the specification or drawings, by verbal or carmen change order. If my such change abets the amount due or the time of performance heremder, an equitable adjummrnt shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrinen change orda, terminate this agreement as to any or all portions of the goods then not shipped, subject o any equitable adjustment between the ponies as to any work or materials then in progress provided that the Purchaser small not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential domagm, and that no such adjustment to made in favor of the Seller with respect to nay goods which are the Sellers standard stock. No such ten draeitn shall relieve the Purchaser or the Seller ofany oftbeir obligations in to any goods delivered hereunder. T. CLAIMS FOR AD3USTMENT. Any claim for adjustment must be a¢med within Nita (30) days from the Jute the change or irwioron is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants Nat all goods sold hereunder shall have been produced, sold, delivered and burnisher] in sure, compliance wito all applicable laws and regutat moor to which the goods are subject. The Sella shall execute and deliver such dramms in may be, required to effect or evidence compliance. All laws and regulations required to be moor,mated in agreements of this character are hereby inum,maded herein by Nis reference. The Seller not tv indemnify end hold Ne Forms. families from all cosy and damages sobered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer or convey this order, or any monies due or to became due hereunder without the prior written consent of Ne other party. 10. TITLE. The Sella wawnis full, clear and unnesuined title to the Purchaser for all equipment, materials, and it. fumuhed to performance of this agreement, free and clear of any and all hers, restrictiom, re 1iom, security interest mandurnmem and claims of others. 11. NONWAIVER. Failure of tM Purchaser to insist upon strict performance of the cannot and conditions hamf, failure in delay to exercise an y rights or remedies provided herein or by law, failure to promptly moody the Sella in the event of a br each, the acceptance ofor payment for goods hemander or approval of the design, shall not release the Seller of am of the warranties or obligations of this par qu a order and shall not be dinned a waiver of my right of the purchaser to insist upon strict performance bmofor any of is rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to am prior or subsequent default hereunder, nor shall any purposed rash modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize fast in actual economic practice, overcharges resulting form antitrust violations ate in fact boom by the Purchaser. Therenfaretfar goad cause said as consideration for reach 6 this Purchase order, the Seller hereby assigns to the Purchase, any and all claims it may now have or broacher acquired under federal or sate antitrust laws far such overcharges relating to the particular goods or services purchased or acquired by Ne Purchaser pursuant or this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. ]film Purchaser directs the Seller m conm nonconforming or defective gomh by a date or be agreed upon by the Purchaer and the Sella. and the Seller Nerofter iMintes its nobility or unwilhomess or comply, the Purchaser may cause the work or be proftarmed by the mast expeditious matte available or it, and Ne Seller shall pay all cosy associated with such work. The Seller shall reliam the Purchaser cod its contractors of any tier from all liability and claims of my nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, oltcen and employees of mch party. The Sellers conwetml obligations, including warranty, shall not be deemed to be reduc W, in any way, because such work is perfumed or caused to be performed by m Purchaser. 14. PATENTS. Whenever the Seller is captured to use any design, device, =IM4 or process covered by lever, patent, bademvk r copyright, the Seller shall infernally and save harmless thc Purchaser from my and all claims for infringement by reason of the use of such patented design, device, mmearial or process in connection with the contract, shot shall indemnify the Purchaser for any cost expense or damage which it may be obliged or pay by mason of such infringement at any time during the prosecution or after the completion of the work. In came said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the cast of said equipment or pan is enjoined, the Seller shall, at its own asperse and at its option, either procure for the Purchaser the right to continue using said equipment or ports, replace the some with substantially octal but naninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall broame insolvent or bankrupt, make an acc,arrem for the benefit of cmdlmrs, appoint e maiver or trustee for any of the Sellers pmpery or business, his order may foMwif be canceled by the Purchaser without liability. 16, GOVERNING LAW. The definitions off. used or the interpretation aftbe ri fia.r and the rights of all ham. hereunder shall be mowed coda end gummed by foe laws ofm Sate ofC.I.do. USA. The following Additional Conditions apply only in cases where the Sella is to perform work hereunder, wcwdivgthe servicesof Sellers Resew ative(s), ov the premiss of others. 17. SELLERS RESPONSIBILITY. The Sella shall any an said work at Sellers awn risk until the arms is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work =War materials before Sellers final completion and acceptance, complete the work at Sellers own expense and In the satisfaction of the Purchaser. When materials 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 as though such maturials andtar equipment were being famished by the Seller under the order. I S. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed m or in connection with the work covered by this purchase order, and/or to their dependents in accordance wiN the Ira. of the sine in which the work is to be done. The Seller shall also carry comprehensive grand liability including, but not limited m, andr mtal and automobile public liability imutaare with bodily injury and dearth limits of at least S300,000 for my one person, S500,000 for any one accident and property damage limit pa accident of S400,000. The Sella shall likewise mature his contractors, if my, to provide for such compensation and iourance. Before my of the Sellers or his contractors employees shall do any work upon the premises choosers, the Seller shall famish the Purebasa with a cenifrste 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 spottily the date when such confirmation and insurance expires. The Seller agrees that such ornamentation and insurance shall be maintained until after the entirework is completed and accepted. 19. PROTECTION AGAINSTACCIDENTS AND DAMAGES. The Seller hereby assurers the entire responsibility, and liabil it, for any end all damage, loss or injury of any kind or nature whatsoever to persona or property caused by or resulting from the execution ofthe work Provided for in this vurchr se oMe, or in connection haewtth. The Sena will indemnify and hold harmless the Purchaser and any r all of the Purchasers afters, agents and employees from and against any and all Is —, losses, damage, chaega or expenses, whether direct or indirect, and whether to persona or property, to which the Proulaw r may be put or subject by reason of my at atoa neglect, omission or default mi the Port of the Sella, any of his wntraaors, or any of the Sellers or common oRcas, agents or smployees. In ease any suit or other proceedings shall be brought against the prmhaa, err its oBicrx, agents car rmployees in my time on account or by sown of my act, action highest, omission or default of the Sella of my of his convenors or my of its or their officers, agents or employees in aforesaid, the Sella hereby Meres to assume the deface thereof and to defend the same al the Sellers awn extreme, to pay any and all roas, charges, stare,; fees and other expenses, my and all judgments that may be incurred by or obtained against the Purchma or any of its or their officer, agents or employees in such suits or other proceeding, 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 of mch suits or other proceeding, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his couramors shall take all safely precautions, famish and immll all guards necessary far the prevention of accidens, comply with all laws and regulations with regard to safety including, but without limitation, the Occupatlool Safety and Health Act of 1970 and all rules and regulations issued pursuant Hereto. Revised 07/1014