HomeMy WebLinkAbout102606 4 RIVERS EQUIPMENT LLC - PURCHASE ORDER - 9143339 (2)PO
PURCHASE ORDER 914333er Page
City, of43339 f of 3
�■ Collins( Thisnumber must appear
V " t on all invoices, packing
sli s and labels.
Date: 11/25/2014
Vendor: 102606 Ship To: OPERATIONS SERVICES
4 RIVERS EQUIPMENT LLC CITY OF FORT COLLINS
1100 E CHEYENNE RD 300 Laporte Avenue
COLORADO SPRINGS CO 80905 Building B
FORT COLLINS CO 80521
Delivery Date: 06/13/2014 Buyer: DOUG CLAPP
Note: #7591 2014 Rental Bid
Line Description Quantity UOM Unit Price Extended
Ordered Price
i Rent JD744loader
for the Street Department. Rental
to begin July 1, 2014 and continue
December 31, 2015. Monthly price $3,756.50
added loadrite scale - $ 200.00/ month
Dept: Streets - Crushing plant
Contact: Ian Janeic
ph# 970-221-6613
and Neal Jaspers
1 LOT LS
45,078.00
"please call 24 hours prior to delivery-
2 Delivery/pickup charges 1 LOT LS 500.00
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
Fort Collins
4i��� 4 101 a V
PO Number Page
9143339 2of3
This number must appear
on all invoices, packing
slips; labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
add 5 months to rental 1 LOT EA 12,269.50
11/24/14
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.00m
.50
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. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fan Collins is exempt from state and ]coal taxes. Our Exemption Number is
11. NONWAIVER.
98-04502. Fedem Excise Tax Exemption Ceaifcam of Registry 84-6000587 is registered with the Collator of
Failure of the Purehnser to insist upon senor performance of the terms and conditions hereof, failure or delay to
Intend Revenue, Deaver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a),
eactcise any rights or remedies provided berein or by law, failure to promptly notify the Seller is me event of a
breach, the mceptance ofor payment for good hereunder m approval of the design, shall cot release the Seller of
Goad Rejected. GOODS REJECTED due to failure to meet sped fications, either when shipped or due to defers, of
any of the woranties or obligations of this purchase order and shall not be deemed a waiver of any right or Ne
damage in transit, may be rctumed to you for credit and are not to be raptured except upon receipt of written
purchase to insist no strict performance hereof or any of its rights morandies as to any such gcods,regurdlraa
instructions fmm the City of Fan Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
am[ modification or rescission of this purchow, order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS are subject to the City of Fon Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, services or aquipment in response to Ws order canresult in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Pon Collins. However, it is to be understood thatFINAL
Seller sad the Purchaser recognise that in actual economic practice, overcharges resulting from minimal
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures.
violations are in fact borne by the Purchaser. Theretofore, for goad cause and as consideration or executing this
purchase ratite, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipments most be EOM, City of Fort Collins, 700 Wood Sr, Fort Collins, CO 80522, unless
acquired under federal or state antitrust laws for sash overcharges relaying to the particular goods or services
otherwise specified on this oNer. If permission is given to prepay freight and charge separatel, the original freight
purchased or acquired by the Purchaser pursuant an this purchase order.
bill must accompany invoias. Addri and charges for Packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing points in various p:ms of the country, shipment is
I Inc Purchaser directs the Seller to coned nonconforming or defective good by a dale to be agreed upon by the
expected from the nearest distribution point to destination, and excess freight will be deducted boom Invoice when
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments arc made fmm greater distance.
may cause the work to be performed by the most expeditious means available to it, and thr Seller shall pay all
casts associated with such work.
Permits. Seller shall procure at sellers sole cast all necessary permits, cenifiwRs and licenses required by all
applicable laws, regulations, adiances and rules of the sate, municipality, mrrimry or politico[ subdivision where
The Sella shall release the Purchaser end its contactors of any lie from all liability wind claims wrong, wfare
the work is porformal, or required by any other duly constituted public authority havingjurisdiction over the work
resulting from the performance ofsuch work.
of vendor. Seller birther agrees to hold the Co, of Fon Call ins harmless from and against all liability and lass
incurred by than by reason of an ..ad or rstabl ished violation of any such laws, regulmorm, ordinances, ales
This releme shall apply even in the event of fault of negligence of the parry released and shall extend to the
and requirements.
directors, officers and employees ofsuch parry.
Authorization. All panics to this contract agree that the Mmanandives are, in fact, bum fide and peraess bill and
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different erms and conditions proposal by seller arc objected to and funny reject.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment as arrive on your
promised delivery data us noted. Time is of the comae. Delivery and performance must be effected within the time
stated on the purchase order and the documents amrched herein. No acts of the Purchasers including, without
lirmorion, acceptance of paaiid late deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Pu¢hoor shall have, in addition to other legal and equitable rcmci ies, the option of placing this miler elsewhere
unit holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of deloys
due to causes not reamrebly foreseeable which arc beyond its reasonable control and without its fault of negligence,
such acts of", acts ofeivil or military authorities, govemmemal priorities, fires, strikes, flood, epidemics, wars or
nor, provided that notice of the conditions causing such delay is given m the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be
extersdd for the period equal to Be time actually lost by reason ofrhe delay.
3. WARRANTY.
The Seller wmrmts that all good, midos, mmerials and work covered by this order will conform with applicable
drawings, specifications, sample andsor other descriptions given, will he fit for the purposes intended, and
performed with the highest degree of cart and competence in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold the purchaser bandana from any loss, damage an experssr which the
Purchaser may suf n or incur oa accoum of the Sellers breach of warranty. The Seller shall replace, repair or make
grand, without unit o the purchasrq any defects or faults arising within one (1) year or within such longer period of
time as maybe prescribed by law or by the tram of any applicable warmnry provided by fee Sella afirr, the dale of
acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall oar
constitute a waiver of any claim under this warrany. Except as otherwise provided in this purchase ratite, the Sellers
liability hereunder shall extend to all damages proximately tamed by the breach of any of the foregoing wanamies
or guamnlecs, hot 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 remrxs by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The purchaser may make any changes to the Norm, oNer, than legal mutts, including additions to or deletions from
the quantities originally ordered in the spreifnations or drawings, by verbal or written change order. If any such
change affects the amount due or the time ofperfomonam hereunder, an equitable adjmtment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement so to any or all portions of the
good then not shipped, subject to any equitable adjustment between the putties as to any work or materials then in
progress provided Nat the Purchaser shall not be liable for any claims for anticipated prifim on the uncompleted
Portion of the goods police work, for incidental or consequential damages, and that no such adjustment he made in
favor of the Seller with respect to any goods which art the Sellers standard stock. No such transition am[] relieve
the Purchaser or the Seller of any of their obligations as to any good delivered hereunder.
9. CLAIMS FOR ADIUSTM ENT.
Any claim for adjustment most be asserted within thirty (30) drys fmm the dare the change or mmtiration is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict
omplionce with all applicable laws and regulations to which the good are subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be
uninformed in agreements of this character sue hereby incoryomted herein by this reference. The Seller agrers to
mularnify and hold the Puohaser harmless fmm all costs and damages suffered by the Purchaser as a result of the
Sellers failure an comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior written cement ofthe other Fury.
10. TITLE.
The Seller warrants full, clear and contributed title to the Purchaser for all equipment, maerals, and items furnished
in performance of this agreement, free and clear of my and all liens, resldgiom, reservations, ucur ry almost
encumbrances and claims of others.
The Sellers contractual obligations, including warranty, shall not W dremed W be reduced, in my way, because
such work is performed or caused to be performed by the Purchase.
14. PATENTS.
Whenever the Seller is required to use any design, device, material art process coverd by lefeq patent, trademark
or copright, the Seller shall indemnify and save harmless the Pardoner firm any and all claims for infringement
by recausain of tbe use of such patented design drvim, material or process in connection with the commit, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch
infringement at any lime during the prosecution or after the completion of the work. In case mid equipment, or
tiny pan thereof or the intended use of the goods, is in such suit held to constitute 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
Purchaser the right to continue using said equipment or parts, replace the some with substantially equal but
rwninfringing equipment, or modify it as, it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
anver or trustee for any of the Sellers property or business, this oNer may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING JAW.
The definitions of team used or the intemram on ofthe agreement and the rights of all panims hemostat shall be
consuued coder 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 Representatoic(s), on the premises cfothr s,
IT. SELLERS RESPONSIBILITY.
The Sella shall tarty on said work at Sellers own risk until Rise same is fully completed and accepted, and shall,
in se of any accident, destruction or injury to the work andrm materials before Sellers final completion and
acceptance, complete the work at Seller's own expense and to Ne satisfaction of the Purchaser. When materials
and q.,,.at efe furnished by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle ante at the site and become responsible therefor in though such mdMals anNor equipment
were being fiunuhed by the Seller under the order.
18. INSURANCE.
The Seller shall, at his awn expense, provide for the payment of workers compensation, including occu,nituml
disease benefit, to its employees employed on or in connection with the work covered by this purchase oNer,
andlor to their dependents in accordance with rate laws of the state in which the work is to be done. The Seller
shall also any comprehensive general liability including, bar nor limited to, coatmctuul and automobile public
liability insurowe with bodily injury and death limits of art least S300,000 fir any one persons $500,000 for my
one accident and property damage limit per accident of 5400,000. The Seller shall likewise requite his
contractors, ifany, 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 famish the Purchaser with a cenifcate
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 dde when such compemntion
oral imurence export. The Seller agrees Nat such compensation and insurance man be announced until after the
retire work is completed suit accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assumes the entire resWnsibiliry and build it, for any and all damage, lass or injury of any kind
or nature whatsoever to persons or property caused by or resulting fmm the execution ofthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold hmmless no, Purchase and any
m all of roe Purchasers m( icers, agenm and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or pmpmy, in which the Purchaser may
be Put or subject by aamn of any act, action, neglect, omission or default on the per of the Seiler , my of his
contractors, or any of the Sellers or contractors officers, agents or employees. In cam my an or other
Proceedings shall be brought against the Purchase, or its officers, agents or employees at any time on account or
by reason of any act, action, region, omission or default of the Seller of any of his contrverors or any of its or
their officers, agents a employees es aforesaid, the Seller hereby agrees to assume the date. thereof card m
defend the some at the Sellers own expanse, m pay any and all ass¢, charges, m um y, for and oNer expanses,
my and all judgments that may be incurred by a obtained against the Purchaser or any of its or their officers,
agents or employees in such suits or other proceedings, and in cons, judgment or other lien be placed upon or
obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings,
the Sella will at once cause no same to be dissolved and discharged by giving bond or othewise. The Seller and
his comments shall take all safety Formaiom, famish end tiefll all guarbs critessary for me prevention of
accidents, comply with all laws and regulations with regard on safety including, but without limitation, the
Occupromand Safety and Health Act of 1970 mad all mks and regulations icsuN pursuant d nem.
Revised 07W4