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HomeMy WebLinkAbout102606 4 RIVERS EQUIPMENT LLC - PURCHASE ORDER - 9147087PURCHASE ORDER PO Number Page City of PURCHASE 9147087 , of 2 Flirt Collins ns This number must appear �I\V`I ` V on all invoices, packing sli s and labels. Date: 12/02/2014 Vendor: 102606 4 RIVERS EQUIPMENT LLC 1100 E CHEYENNE RD COLORADO SPRINGS CO 80905 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 12/02/2014 Buver: DOUG CLAPP Note: 2014 Rental Bid Line Description Quantity UOM Unit Price Extended Ordered Price LEASED EQUIP RENTAL SERVICES 1 LOT LS 5,250.00 3-1323391 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 Total 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 2 of 2 1. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is H. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure Of the Purchaser to fasts, upon strict performance of the terms and conditions hereof, failure or delay m Inwmal Revenue, Denver, Col..& (Ref. Colorado Revised Statutes 1973, 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 mceptance ofor payment for goods hererader or approval Off, design, shall at release the Seller of Goods Rejected: GOODS REJECTED doe to failure to meet specifications, either when shipped or due to defects of MY of the warranties or obligations of this purchase order and shall not be deemed a waiver of my right of the damage in transir, may be mounted to You for credit ardi are rent to be replaced except upon receipt of uainm purchaser to next upon strict p rfomame hereof or any of its rights or remedies as to my such goods, regardless instructions from the City of Fear Collins. of when shipped, received or accepted, as to any prior or subiga a n, default hereunder, car shall any purposed oral modification or rescission of this purchase order by the Pumhaser opemm is, a waiver of any of the terms Inspection. GOODS art subject to the City of Fort Collins fix xuon on stood. hereof. Final Acceptance. Receipt of the meahmdise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, amhonzed payment on ,he pan Of the City of For Collins. However, if is to be understand that FINAL Seller and the Purchaser oecogrom that in acNal economic practice, o erelsai resulting fmm antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations arc in fact home by the Purchaser. Theretoforefor ngood cause and as wnsidemtion for execming this purchase norm, the Seller hereby maigns to the Purchaser any and all claims it may now have or hema0er Freight Teton. Shipments must be EOJL. City of Fan Collins, 700 Wood St, Fart Collins, CO 80522, unless acquired under harbored or .to antitrust laws for such ovcalarges relating to the pnnimlar goods or services otherwise specified on this order. Ifpermission is given m prepay freight and charge separately, the original freight purchased or acquired by the Purhmer put. a this puahau oaka. bill taus, accommnv invoice. Additional charees for mckbou will not be accented. Shipment Distance. More manufacturers have distributing points in various Puns of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be dedmsd from Invoice when shipments are made from greener do.. Y,rrnirs. Seller shall procure at sellers sale cast all necessary pe.its, certificates and licenses required by all applicable laws, regulations, ordimnces and roles ofthe state, municipality, teatory or political subdivision where the work as performed, or required by my other duly renstimted public authorry having jurisdiction over the wort of vendor. Seller loather agrees f hold the City of Fed Collins handeas from and against all liability a loss nc reed by them by reason of M auend or established violation of any smh laws, regulations, wi imnres, miles and requirements. Ammurnation. All panics to this cantmd agree that the representatives arc, in fact, bona fide and possess full and omplete authority to bind said parties. LIMITATION OF "PERMS. This Purchase OMe, expressly limits acceptance In the terms and conditions stated herein set fonh and any supplementary or additional corms and conditions aanexed hereto or incorpom ed herein by refrence. Any additional or different toms and coMowev proposed by s he, are objected to and hereby mpfctd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediaely if you cannot make complete shipment to wrive on your premised delivery date as noted. Time is of the essme, Delivery and performance most be effected within the time stated em the purchase oMer and the documents attached hereto. No act of the Purchasers including, witbom limitation, acceptance of panial late deliveries, shall oprome as a waiver of,hi,, prevision. In the event of any delay, the Purchaser shall Lane, in addition to other legal and equitable ma dics, the option of placing this coder elsewhere and holding the Seller liable for damages. However, the Seller shall no, be liable for damages as ..vital, of delays due to causes not masombly foreseeable which arc bevond irs reasonable control and without its fault of negligence, smh acts of Gd, acts of civil or military anthani ies, govemmmtal Palomirs, fires, milaa Boot, epidemics, wars are riots presided that notirm of the renditions causing such delay is given to the Purchaser within For (5) days of the time when the Sella first received kroabodge thereof In the event of my such delay, the date of delivery shall be extended for the p,rid equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable mot drawings, sperifmtions, samplesor other descriptions given, will be fit for the purposes intended, and Performed with the highest degree of care and competence in accordance with accepted standard fir work of a window mr.m. The Seller agrees to hold fie pumhrour harmless fmm any loss, damage or expense which the Purchaser may adhere or incur on acreunt of the Sellers breach of..t,. The Seller shall replace, repair or make good, without casno the puahawq any defers are faults arising within one (1) year or within such longer Acrid of time an, may be prescribed by law or by fie terms of my applicable wgni provided by the Seller tiller the date of acceptance of the goods famished hereunder (acceptance not to be wreawmbly delayed), faulting fmm imperfect or defective work done or Husbands famished by the Seller. Acceptance or me of good by the Purchaser shall not institute a waiver of any claim under this warranty. Except as oferwise provided in this pumh ow order. the Sellers liability hereunder shall extend to all damages pmximamly caused by the breach of any of the foregoing wmrranties Or guarantees, but such liability shall in an event include loss of profits or foss of us, NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by wrinen change codes. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the team. other than legal ,emu. including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or wruen change order. If any such change aBctax the amount due or the time of perfmmnce hereunder, an equitable adjustment shall be mnde. 6. TERMMATIONS. The Purchaser may at my time by wdaen change order, tamimte this agreement as many or all portions of the good then not shipped, subject to any equitable adjustment between the parries as to any work or materials then in proHfics provided that He Prochua shall and be liable for my claims for anticipated profits on the uncompleted portion of fie good motor work, for incidental or consequential damages, ad that on such adjustment be Made in furor of the Seller with res mono any goods which art the Sellers standard stack. No such termination shall Hilt... the Pumhaser or the Seller of any of their obligations m to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is oNered. 8. COMPLIANCE WITH LAW. The Seller wasrms than all good sold beremdw shall have been produced, sold, delivered and f ishd in strict compliance with all applicable laws equal regulations 10 which fie goods art subject The Seller shall execute and deliver such dommon s m may be required to effect or evidence compliance. All laws and regulations required to be ncoryomfd in agreements of this character are hereby incoMommd herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of fie Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, tramfer, or convey this oMo, or my monies due or to become due hereunder without the prior written consent of fie other parry. 10. TITLE. The Seller warrants full, clear and unrestrictd title to the Fumigant for all equipment, materials, and items famished in performance of this agreement, free and clear of my and all liens, restrictions, reservations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Iffe Purchaser dircets fie Seller to correct nonconforming or defective goad by is dam to be agreed upon by fie Puahair and the Seller, and the Seller thereafter indicates its imbiliy An unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Soler shall pay all cosy nssacimd with such work. The Seller shall release the Purchaser and its commesors of any ties from all liability and claims of my nature resulting from the pofa,mmce of such work. This release shall apply even in the event of fault of negligence of the parry releasd aM shall extend On the directors, officers and employees of such parry. The Sella's contractual obligations, including warranty, shall not be deemed to b, reduced, is any way, because such work is perfrrned or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use my design, device, material or process covered by letter, pant, trademark or copyright, the Seller shall indemnity and save bard. the Purchaser from my and all claims far inf rimag a by reason of the use of such ported design, device, material or parents in connection with fie contras, and shall indemnify the Purchaser for my cost. expense or damage which it may be obliged to Puy by reason ofsuch infdngenrcnt at my time &do, the famma tia r are ails the completion of the work. In rase said equipment or any pan thereof or the intended use of the good, is in such suit held to continuum infringement and the use of said equipment or pan is attained, the Seller shall, or its own expcnsc and at its Option, an,, procure for the Purchaser the right to continue using said equipment or tans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If tbe Sella, "I become insolvent are bur ,tp make m msigmrent fir the benafit of creditors, appoint a Motiver or mmee far any of fe Sellers property or business, this oaks may forthwith be anceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms Hand or the interpretation of the agreement and fie rights of all parties hereunder shall be omtmed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases when the Seller is to Perform work hereunder, including the services of Sellers Reprewnmave(s), on the premises ofathers. 17. SELLERS RESPONSIBILITY. The Seller shall racy on said work at Seibses own risk until fir same is Fully completed and accepred, and shall, in cons, of any accident, destruction or injury to fie work andror mmmals before Seller's fail completion and acceptance, complete the work in sidices own expense and to the wtisfaaon of fie Purchaser. When materials and equipment are famished by others for installation or motion by the Seller, the Seller shall receive, unload, store and handle tame at the site and Femme responsible therefor as though such materials and/or equipment were being famished by be Seller under the order. 18, INSURANCE. The Seller shall, at his own expcme, provide for the payment of workers compensation, including occupMonMI disease beafts, to its employees employed on or in connection with the work covered by this purchow will wit 1a their dependents in accordance with the laws ofNe style in which f, work is to be done The Seiler shall also carry comprehensive general liability including, but not limited W. contmctml and automobile public liability insurance with bodily injury and death limits of at least S300,00D for any one pawn, $50sa,oW for my me accident and prepare, &,mega limit per -,ideal of S400,000. The Sella shall likewise M im his contractors, if any, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall f ish the Purchaser with a certificate that such compensation and insurance have been provided Such certificates shall specify, the date when such omp,nsation and insurance have been provided Such renificatas shall specify fie date when such compensation and insumm, expire. The Seller agrees that such compere lion and instance shall ba we inuined mtiI after fie ratite work u completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby anquars, the more responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or reml,ing from the execution of the work provided for in his purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agents and employees from aM egalmt any and all claims, losses, darm la, charges or expenses, whefer direct or indicant, and whether to persons or property b which the Purchaer may be put or subject by reason of any act, action, neglect, omission or defauh on the can of the Sellers, any of his catamaran, or my of fie Sellers or contractors officers, agents or employes. In cog any tut or other Proceedings shall be bmugm against the Purchaser, or its oRcam, agents or employees at any firm On account or by reaun of any act, action, naglxt, omission or default of the Sella of my of his wntractors or any of,,, are their officers, agenn a, employ., as aforesaid, fie Seller herby agrees ro assume fie defense thereof and to defend the same at the Sellers own expense, to pay any end all costs, charges, anomeys be, and other expenses, any and all judgments that may be incurred by or obtained against the Puchaser or any of its are their officers, agents or employees in such suits or other proceedings, and in caw judgment or other lien m placed upon or Obtained wrot the property of the Purchox, or said parties in ar as a result ofsuch suits or other prmedings, the Seller will at once muse fie muse to be dissolved and discharged by giving band or otherwise. The Seller and his contractors shall take all m![ty prec staiom, bananas and immll all guard necessary, for the pm'ention of accidents, comply with all laws and regulation with mga d in mfety, including, but without limitation, the Occupational Sorely and Health Act of 1970 and all Holes and regulations issad pursuant drawn. Revised 07a014