Loading...
HomeMy WebLinkAbout102606 4 RIVERS EQUIPMENT - PURCHASE ORDER - 9147140Fort Collins Date: 12/05/2014 PURCHASE ORDER Vendor: 102606 4 RIVERS EQUIPMENT LLC 1100 E CHEYENNE RD COLORADO SPRINGS CO 80905 PO Number Page 9147140 1of3 This number must appear on all invoices, packing slips and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 12/04/2014 Buyer: DOUG CLAPP Note: RFP # 7636 Line Description Quantity UOM Unit Price Extended Ordered Price MECHANICAL & HEAVY EQUIP 1 LOT LS 10,317.00 INDCC HP2000 HYD HAMMER Referenc bid # 7636 Hydraulic Excavators Hammer - Indeco HP 2000 - $30,950.00 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" shop hours - 7:30am to 3:30pm 2 MECHANICAL & HEAVY EQUIP INDCC HP2000 HYD HAMMER jtn q� P14 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 10,317.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PO PURCHASE ORDER 914714er Page City of PURCHASE 9147140 4 of 3 ' `tChis number must appear ` Collins�7 on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 3 OTHER EQUIPMENT 1 LOT LS 10,316.00 INDCC HP2000 HYD HAMMER 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 Fart 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 Pumbase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local used. Our Exemption Number is I L NON WAIVER. 98-04502. Federal Excise Tax Exemption Cmificam of Registry 84-6000587 is argument with the Collator of Failure of the Purchaser to insist upon strict performance of be mess cod conditions hereof, failure m delay m Trained Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herela or by law, failure to promptly notify the Seller in the event of a breach, the acceptance afar payment for goods hereunder or approval of the design, shall aot release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warmanties or obligations of this pmchme order and shall not be deemed a waiver of my night of the damage in front may be returned to you for credit and are not to be replaced except upon receipt of written purchaser in insist upon stria performance hereof or my of its rights or remedies as to any such goods, regardless imtrections from the City of Fort Callim. of when shipped, received d accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms Inspection. GOODS are subject to the City of Pon Collins impaction on amval. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENTOP ANTITRUST CLAIMS. authorized payment on the pan of the City of For Collins. However, it is to be understood that FINAL Seller and the Purchaser recogaix that in actual anis practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Sella hereby assigns an, the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fiat Collins, 'IDO Wood St., Fear Collins, CO 80522, unless acquired under federal or state mtitrust laws for such overcharges relating to the particular goods or services otherwise specified on Nis order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaer pursvanuo this Purchase order. bill must accompany invoice. Additional charges for packing will not be occurred. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in venous pans of the country, shipment is Ifthe Purchaser directs the Seller to mrncr nonconforming or defective good by a date m be agreed upon by the expected from the neatest distribution point to dedication, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller theresfler indicate its inability or unwillingness to comply, the Purchaser shipments are made from greaser datmee. may cause the work to be performed by the most expeditions rmans available to it, and the Seller shall pay all costs associated with such work. Permits. Sella shall procure at sellers sole cost all necessary permits, cenificates and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision where the work is performed, or required by any mher duly constituted public authority haviogjuri Didion over the work of vendor. Seller harder agrees to hold the City of Fort Collins handless from and against all liability and loss Ire ed by them by reason of an asserted or ece blished violation of any such laws, regulations, onlinnnces, roles nd requirements. Aulhorintian. All panic to this contact agree that the repreuntatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions mandi herein set forth and my supplementary or additional team and conditions annexed hereto or incorpommd herein by reference. Any additional or i it derat tears and conditions prout by seller are objected It and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immcdimely if you commit make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time .stated on the purchase order and the documents attached hereto. No ads of the Purchasers including, without limitation, acceptance infractor late deliveries, shall update as a waiver ofthis provision. In the event of any delay, the purchaser shall haw, in addition to other legal and eq.imble remedies, the option of placing this order elsewhere and holding the Sella liable for damages. However, the Seller shall not be liable far damages as a result of delays due m causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, melt acts ofGud, it, aFciv,l or military antltonlies, governmental priorities, fires, strikes, flood, epidemics, were 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 Sella first received knowledge thereof In the event of my such delay, the dam of delivery shall be extended for the period equal to the time mtmlly lost by mason ofthe delay. 3. WARRANTY. The Sella warrants that all goads, articles, materials and work covered by this order will conform with applicable drawings, spcificaaions, sanmlea We, other descriptions given, will be fit for the purposes intended, and performed with the highest degree of can and compactax in accordance with accepted standard for work of a trailer nature. The Seller agrees to hold the Purchaser luarmless from any loss, damage or expense which the Purchaser may sulfd or incur on reactor arm* Sellers breach of warmury. The Seller shall airline, repair or make good, without cost to be purchase, any defects or faults arising within one (1) year or within such longer paned of time m may be preser bad by law or by the teats of any applicable warranty provided by the Seller one, the date of acceptance of the goods Introduced hereunder (aceptance not to be unreasonably delayed), recurring fmm imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not onnitae a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proxinmtely caused by the breach of any of the foregoing warranties or guammees, but such liability shall in no event include loss of amins or loss of me. 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 written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes in the r ass, other than legal rem¢, including additions to or deletions f the qumfitias originally ordered in the specifications; or drawings, by verbal or written change order. If any such change a@cos the amount due or the time ofperfomence hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by written change add, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shill not be liable For any eL inss for anticipated profits on them umplmed portion ofthe goods and/or work, for incida dal or consequential damages, and Nat no such adjustment be made in favor ofthe Seller with respell to any goods which are the Sellers standard stock. No such monvortion shall relieve the Purchaser or the Seller crony oftheir obligations as to any good delivered hereunder. _ 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be aesmed within thirty (30) days from the dam the change at lamination is mcb ed. 8. COMPLIANCE WITH LAW. The Seller warrants but all good sold hereunder shall gave been produced, sold, delivered and famished in strid compliance with all applicable laws and regulations to which the good are subject The Seller shall execute and deliver such documents as maybe acquired to effect or evidence compliance. All laws and regulations required to be urrpomted in agreements of this cha ecter are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser handless from all cases Bad damages suffered 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 mania due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the purchaser far all equipment morerials, and items famished to Performance of this agreement, free and clear of my and all liens, restrictions. communist, memory interest encumbrances and claims of offers. The Seller shall releae the Purchaser and its contractors of any tid fmm all liability and claims of any nature resulting from the performance of such work. This relmse vhall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees climb parry. The Sellers commented obligations, including warranty, shall rim be deemed to be reduced, N any way, bttause such work is adhormN or caused to be performed by me Purchaser. 14. PATENTS. Whenever the Sella is required to use any design, device, materiel art process coved by loner, poseur oaddmeek r copyright, be Sella shall indemnify and save harmless the Purchaser form any and all anions for management by reason of the use of such patented design, device, matmnl or process as muneair. with the contract, brad shall andemnify the Purchaser far any cost, expense or damage which it may be abliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In caw said equipment, or my pan thereof or the intended use of the good, is in such suit held to constitute infringement and the nse 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 pans, replace the same with substantially equal but naninGnging equipment, or modify it sa it becomes noninfringing. 15. INSOLVENCY. If the Seller shall became insolvent or bard pt, make on assignment for the benefit of dedlmrs, appoint in receiver or trustee for my of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofcorm used or the nomination ofthe agreement and the rights ofall panics hereunder shall far annstrved under and governed by the laws ofthe Sate ofColarado, USA. The following Additional Canditiom apply only in caws where the Seller is to perform work hereunder, including the services of Sellers Reprewntative(s), on the prem¢es troffers. 17. SELLERS RESPONSIBILITY. The Seller shall any oa said work at Sellers own risk until the same is fully completed and accepted, send shall. in w of any accident, destruction or injury to the work Burger materials before Sellers final completion and acoeptmm, complete the weak at Seller's own expense and to the satisfaction of the Pmchwer. When materials and equipment are furnished 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 materials .Nam 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 exceptional disease benefits, to its employees employed on or in connection with the weak coved by this purchase order, andor in their dependents in accordance with the laws of the sum in which the week Is to be done. The Seller shall also carry comprehensive general liability mdudic , but not limited to, contractual and automobile public liability insm rice with bodily injury and death limits of at least $300,000 for any one person, S500000 for any motaradent and property damage limit per accident of S400,000. The Sella shall likewise memo, his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his mntrmto. employees shall do any work upon the penises of others, the Seller shall famish the Purchaser with a cer ifica, that such compensation and insurance have been provided. Such cenificates shall specify the done when such reorientation and insurance have ban provided. Such cenificates shall specify the date when such compensation and insurance expires. The Seller agrees hot .in compensation and insurance shall be madicamed until alter the enure work is completed and scuffled. 19. PROT EC'I ION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby Bssumes the an. responsibility and liability for any and sell damage, loss or injury of any kind r ceramic whatsoever to persons or property reused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamdds, be Purchaser and any r all of the Purchasers offi agents and employers from and against any and ali claims, losses, damages, derages err expenses, whether direct or iMired, and whether as perwns or pmpery m which the Purchasa may be, put or subject by reason of my act, action, neglect, omission or default an the pan of the Seller, my of his contractors, or any of the Sellers or contractors officers, agents or employees. In caw, any suit or other proceedings shall be bought against be Purchaser, or its officers, agents or employees at any fibre on account or by reason of any ad, action, neglect, omission or default of the Seller or any of his contractors many of its or their officers, agents or employees as afeawid, the Seller hereby agtan to assume the defense thereof and to defend the same at the Sellers own expense, to Pay any and all vests, charges, clien 5 fees and other captious, my and all judgments that may be incurred by or abmined against the Pdulare d or any of its or their officers, agents or employees in such suits or other proceedings, and in caw judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or said ponies in or as a result crunch suits or other promedings, the Seller will at once cause the same to be dissolved and discharged by giving band or otherwise. The Seller and has contractors shall take all safety precautions, famish and install all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Ad of 1970 and all roles and replations issued pursuant themo. Revised 01R014