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HomeMy WebLinkAbout108939 L L JOHNSON DIST CO - PURCHASE ORDER - 9146792Fort Collins Date: 1112012014 Vendor: 108939 L L JOHNSON DIST CO 4700 HOLLY ST DENVER CO 80216-6410 PURCHASE ORDER PO Number Page 9146792 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: 11/20/2014 Buyer: DOUG CLAPP Note: ref. MAPO contract & NJPA Contract Line Description Quantity UOM Unit Price Extended Ordered Price Dingo 525 TX Wide Track Diesel 1 LOT LS 22,576.00 22324 2 Standard Bucket 1 LOT LS 520.00 22409 3 Backhoe with 13" Bucket 1 LOT LS 8,347.00 23163 4 Backhoe Fit Up Kit 1 LOT LS 23162 ref. quote date 11/4114 Dept: Parks Pay terms net 30 days Invoice Address: 241.00 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fogov.com PO Box 580 Fort Collins, CO 80522-0580 City of Fort Collins PURCHASE ORDER PO Number Page 9146792 2013 This number must appear on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price Deliver equipment, accessories and documents to: Fleet Services Shop 906 W. Vine Fort Collins, CO 80521 Contact: Greg or Eric ph# 970-221-6613 "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 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 1. COMMERCW.DEfAIIS. Tax exemption. By stamen the City of Fon Collies is exempt firm slate and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cadman, of Registry 84-6000587 is registered with the Collector of Failure ofthe Purcbuer to iesist upon strict performed, of the nears and mrWitioos hereof failure or delay In Itnemal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). excmise any rights or remedies provided herein or by law, failure m promptly notify the Seller in the event of a breach, the acccpt. ofor payment for goods hereunder Or approval arm design, shall oat release the Sella of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or Obligations of this P.M. Omer and shall not be deemed a waiver of any right of the damage in transit, may be mooned an you for credit end are not to be replaced exapr upon receipt of saftm purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, mprdless institutions from the City effort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or adarksion of this purchou order by the Purchaser operate as a waiver of any Of the terms Inspection. GOODS are subject to the City of Fort Collin inspection on amval. hereof. Final Acceptance. Receipt of the merchandise, services to equipment in response m this Omer can 1.11 in 12. ASSIGNMENT OF ANTITRUST CLAIMS. dufholzad payment on the pan of the City of Fair Collins. However, it is to be andemood that FINAL Seiler and the Purchaser recognize that in actual mommic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable flu and inpmtion procedure, violation on, in fact home by the Pm<hazd. Theretofore, far goad dose it as consideration fen executing this prchau coda, the Sella hereby assigns to the Purchase, any and all claims it may aw have or hemafrer Freight Terms. Shipments mast be F.O.D., City of Fort Collins, IDo Wood St., Fort Collins, CO 80522, unless acquired under federal or state mdiravt laws for such ovemhages relining to the particular good at sluices otherwise specified on Nis Omer. Hprnnission is given to prepay freight dual change separately, the, ongiral freight ambar d or enquired by the Purchaser pursuant m this purchase oma. bill must enampany, invoice. Additional charges for packing will nn be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manerfactuers have disfnbuting Points in various pans of the country, shipment is tribe Portland directs the Sella to cored nonconforming or defective goods by a date to be agreed upon by the expected form the nearest distribution Point to destination, and excess freight will he deducted from Invoice when Forecast, and the Selleq and the Seller thnafler indicates its inability or unwillingness to comply, the Pumhnd shipments am made from Freese, do... may cause the work to be paginated by the most expedition means available to it, and the Seller shall pay all costs associated with such work. Penns. Seller shall pmam at sellers sole cost all accessary, permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules Of the state, municipality, barman, 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 barred agrees to hold the City of ran Collins hornless from and against all liability and loss ed by them by remain of an asserted or established violation of any such laws, regulalionordinances, ales incurred remains, mgaireamenls. Aulhomertion. All parties to this otntmct agree chat the representatives on, in fuel, bona fide cod possess full and complem authority to bind said Tames. LIMITATION OF TERMS. This Purcbant Order expressly limits acceptance to the cams and condition ideal herein set forth and any supplementary, or addilional terra and condition annexed hereto or uncertainties] ] heroin by reference. Any additional or different terms and condition proposal by seller art objected to and hereby rejected. 3. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately tryout cannot make complete shipment to once on your promised delivery, date as noted. Time is of the scene. Delivery and performance must be effected within the time stated on the purchase Omer and the docnmenb attached hereto. No ads of the Produced, including, without limitation, acceptance of paninl late deliveries, shall operate as a waiver ufthis provision, In the event of any delay, the Purchaser shall have, in addition to other legal and egoiable remedies, the option of placing this aide, elsewhere and holding the Seller liable for damages. However, the Sella 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 as fGM, as mcivil or military authorities, 6adar mrnml pr; and, His, stokes. food. andemid, wars or now provided that nonire of she anditioer aping such delay is given to the Puchrour within five (5) days arm time what the Seller first recedes knowledge ftereuf. I^ ale seem many such delay, the dom Of delivery shall be, extended for the period equal to the rime actually lost by mason of the delay. 3. WARRANTY. The Sella winners that all goods, worries, materials and wok covered by this order will conform with applicable drawings, specifications, samples cancer other descriptions given, will be fit for the purposes minded, and performed with the highest degree of cam and competence in acamance with accepted standards for work of is similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may mlt or incur on mecum of the Sellers breach ofwaramy. The Seller slmll replace, repair or make gad, without cast to the purchaser, any defects or Nuls arising within one (1) year or within such longer period of rime as may be prescribed by law or by the terms of any applicable warranty provided by the Seller and the date of acceptance of the goods Famished! hereunder (acceptance not to he memorably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use criminal by the Purchaser shall not constitute a waiver of any claim under this waraary. Except as otherwise provided in this pmehom under, the Sellers liability hereunder shall extant to all damages proximeely dosed by the breach of any of the foregoing amormin or gavantces, but such liability shill in an event include loss ofprofis or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pardoner may twine changes to legal femw by written change order. 5. CHANGES IN COMMERCIAL TERMS. the Purchaser may make any changes to the tams, other than legal feats, including additions to or deletime, from the quantities originally ordered in the speri fications or drawings, by verbal or wrinen change order. If any such change dram the mo arm due or the lima of perhtmence hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change ordea temnnate this agreement as to any or all portion of the goods then not shipped, subject to any equitable adjustment between the panic as to any work Or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipant Focus on de uncomplere l portion arm goods and/or work, for incidental or masssqurntial damages, and fast ned such adjustment be made in favor of the Sella with respect to any goods which ate the Sellers standard stock. No such termination shall mince the Purchaser of the Seller ofany of their abligation as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim far adjustment must be asserted within thirty (30) days from the dare the change or termination u ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold himandir shall have been produced, sold, delivered and furnished in strict compliance with all applicable Incas and meridians to which the goods are subject The Seller shall execute and deliver suet domments as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agmemmw of this Cour to arc hereby incorporated herein by this reference. The Seller agrees w indemnify and hold the Purchuer hammless fmm all costs and damages suffered by the Puchaer u a onul, of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pm y shall assign, transfer, or anvey this order, or any marries due Or to become due hamurmer without the prior written consent argue otherpdry. IL TITLE. The Seller warren s full, clear and unrestricted title to the Forebear for all artificial, menials, and items Rumored n panduence of this agreement, free and clear of any and all liens, restrictions, ,nervations, smrity interest encumbrances end claims ofotheoc The Sella shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the even of fault of negligence of the party releases and shall extend to the directors, olOcers sad employees nfauah perry. The Sellers connected obli mions, including woreanry, shall not be deemed in be, formal, in any way, because such weak is perfomtal or caused to be pabsmed by the Pumheer. 14. PATENTS. Whenever the Sella is rcquiml to am any design, device, matmal or process award by term, patent, mademenk in copyright, the Sella shall indemnify and save hamticss the Pumhasa from any and all claims for infringement by mason of the use of such patented design, device, menial or process in connection with the contract, snit shall indemnify the Forehead for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during no poesecmion or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to ansfrafte infringement and the use of said equipment or part is enjoined, ale Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfinging cgrip rra t, or modify a m it becomes nofunction, 15. INSOLVENCY. If the Seller stall become insolvent m baN:mpl, make oa aso mnend fir the benefit of creditors, appoint a redercd or nvsme for any of the Sellers property or business, this Omer may forthwith be canceled by the Farmhand without liability. 16. GOVERNING LAW. The definition of terms used or the interpmation ofthe apartment and the rights of all pectin researcher shot[ be aestrued under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representeive(s), on the premises of orders. 17. SELLERS RESPONSIBILITY. The Seller shall tarty ou said wok at Sellers own risk until the same is fully completed and accepted, and shall, in u of any accident, destruction or injury he the work reancor materials before Sellers fnl completion and acceptance, complete the wok a, Sellers own experts cod rut the dtisfaction of the Pumhaur. When materims and equipment am boosted by others for installation or ceaim by the Seller, the Sella shell receive, uhioad, store am handle same al the site and become onponible therefor as though such materials sat equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment mworkers compensation, including occupational disease benefits, to its employees employed on or in connection with the work avered by this purchase Omer, andror to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also any, comprehensive general liability made , but erg limited to, contractual and automobile public liability insurance with bodily injury and death limits ores least $300,000 for any one person, $500,000 for any one accident and property damage limit per accident of $400.000. The Seller shall likewise require his contractors, Won, to provide for such confirmation and commit. Before any of life Sellers or his contractors employees shall do any work upon the premises of others, the Sella shall famish the Purchase, with a certificate that such compensation and insmance have been provided. Such certificates shot[ specify the date when such compensation and insurance have been provided. Such candidates, shall specify the date when such compensation nd insurance expires. lie Seller agrees cast such compemation anal occurrence shall be maintained until and the enure work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assured the entire responsibility and liability for any and all damagq loss or injury ofany kind in norm whosoever to persons or property caused by or resulting from ale execution of One weak provided for in this pumhsse order or in comectim herewith. The Sella will indemnify and hold harmless the Purchaser and any or all of the Purchasers off a s, agents and employees form and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be pat or subject by reason of any act, action, neglect, omission or default on the pan of the Sella, any of his contractors, Or any of the Sellers or contractors officers, agent or emplayees. In case any suit or other proceedings dt.11 be brought against the Purchaser, or its officers, agent, or employees at any time on account or by reason of any act, action, neglect, omission or default of the Sella of any of his com a ctors or any of its or their onicea, agents or employeas as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers awn expense, to Pay any and AI cuss, charges, atmmeys fees ad .,he, expenses, any and all judgments that may be incurred by Or obtained againg the Purchaser or any of its or Nair officers, agents or employees in such suits or other proceedings, and in case judgmat or other lien ba placed upon or cadmium against the property, offle, Purchaser, or said parties in or as a result of such suit or other proceedings, the Sella will at once cans, the same to be dissolved mad discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, formula end in all all gumds necessary for the prevention of accidents, comply with all laws and regulation with mgard to safety including, but without limimion, the Ompatiowl Safety and Health Ad of 1970 and ell rules and egulatiom issued parman, them.. Revised 07R014