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HomeMy WebLinkAbout482528 BOBCAT OF THE ROCKIES - PURCHASE ORDER - 9147184Fort Collins Date: 12/08/2014 Vendor: 482528 BOBCAT OF THE ROCKIES PO BOX 844216 DALLAS TX 75284-4218 PURCHASE ORDER PO Number Page 9147184 1o12 This number must appear on all invoices, packing slips and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 12/05/2014 Buver: DOUG CLAPP Note: replaces unit #3307 Line Description Quantity UOM Unit Price Extended Ordered Price 1 Bobcat E32 Excavator with cab reference quote# 10045DO10720 dated 1111/14 per Joe Domanik Deliver equipment and title documents to: Fleet Services Shop 906 W. Vine Fort Collins, CO 80521 Contact: Greg R or Eric 970-221-6613 " Please call 24 hours prior to delivery " shop hours are 7:30am to 3:30om 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 40,280.68 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 exemption. By swtun the Ciry of Fan Collin is exempt fmm state and local forms. Our Exemption Names, is IL NON WAIVER. 99-0 502. Federal Excise Tax Exemption Cmihece, of Registry M4 600058] is registered with the Collector of Failure of the Purchaser to insist upon strict perrorm eve, ofthe trnn mod condition herai railure or delay b Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stamm 1973, Chapter, 39-26,114 (e). examine my rights or remedies provided herein or by law, failure to promptly many the Seller in the event of is breach, the acceptance of or payment for goods hemrmder or approval of the design, shall not release the Seller of Grids Rejected, GOODS REJECTED due to failure to meet sped ficalion, either when shipped or due m defects of any of the wamnries or obligmions of this purchase oNer and shall not be deemed a waiver of any right of the damage in mnsi4 may be retamed to you far credit and are not m be upland except upon receipt of written pumhaxe to insist upon strict performance herafor my of its rights or remedies as to my such goods, regardless instructions tram the City of Fort Collins. of when shipped, roc ived or accepted, as to any prior or subsequent default remainder, nor shall my purported oral modification or rescission of this pmchax order by the Pumhaxr operate as a waiver of my of the terra Inspection. GOODS are subject to the City of Fort Cmlim inspection on artisan. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 11 ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fon Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges reselling from antitrust ACCEPTANCE is dependent upon completion of all applicable required recreation procedures. violations are in fact home by the Purchaser. Thereto6re, for good exam, and as consideration for executing this purchase order, the Seller hereby unique to the Purchaser my and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of I. Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or state mtitrust laws for such overchuga relating to the particular goods or services wharwix specified oa this order. Hpermission is given to prepay freight end charge separately, the ongiml freight purchased or acquired by the Farchuer pursuant m this purchase order. bill must acmmoanv invoice. Additional chmeo for random will not be accented. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the matter distribution point to destination, end excess freight will be dedumed fora Invoice when shipments are made fen greater distance. Permits. Sella shall procure at sellers sole one, rill necessary permits, certificates and licenses co aired by all applicable Iegulmono, ordinances and rule ofthe smut, municipality, tammy or psilifrd subdivision has the work is performed, or required by any other duly constituted public authority havingjuridiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss tined by than by reason arm sawarted or established violation of my such laws, regulation, oNimmes, ales and regmarnscms. Authorization, All parties to this contract agree that the representative are, in fact, bona fide and possess full and complete authority to bind said patties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the temp and conditions most hartin set Toth and any supplementary or additional mars and condition annexed harem or incorporated herein by reference. Any additional or different tam¢ and condition proposed by seller art objected to and hereby rejated. 2. DELIVERY. PLEASE ADVISE PURCHASING AGEN Iimmediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No xms of the Purchasers including, without limitation, acceptance oriental late deliveries, shall operant ns a waiver of this prevision. In the event army delay, Bic Purchaser shall have, in nddhlm m other legal and equitable readies, the option.(placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not ha liable for damages as a result of delays due to causes not reasonably Emo able which are beyond its reasonable control and without its fault of negligence, such acts i God, aces of civil or military authorities, 8ovemmental priorities.Fares, strikes, Rood, epidemics, wars or riots provided that nonce of the condition causing such delay u given to the Pachawr within five (5) days of the time what the Sella first received knowledge thereuC In the event of my such delay, the date of delivery shall be extended for the peried equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, males, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other description given, will the fit for the purposes intended, and performed with the highest degree of care and compactor in accordance with accepted standard far work of a similar mane. The Seller agrees in bold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on around of the Sellers breach alimentary. The Seller shall replace, repair or make good, without cast to the purchases my defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terns of any applicable waranty provided by the Seller after the date of acceptance of the good fum6hd hereunder (acceptance not to ha unreasonably delayed), resulting from imperfect to defective work done or mnterals firmohd by the Seller. Acceptance or aic of goads by the Proxima shall or mnstime a waive, of my claim under this warranty. Except n otherwise provided w this purchase order, the Sellers liability heeunder shall extend to all damages proximately mused by the breach of my of the foregoing warranties or guarantees, but such liability shall in no evem include loss ofpmfim or loss of use. NO IMPLIED WARRANTY OR MERCI IANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchatt may nuke changes to legal terms by women change ardor. 5. CHANGES IN COMMERCIAL TERMS. The Purchasermay make any changes o the terms, other than legal terms, including additions to or deletions from the quantities ongually ordered in the specification or drawings, by verbal or women change order. If any such change affects the amount due or the time of performance hamunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wren change order, tentriam this agreement as to my or all portions of the good then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated predict on the uncompleted Portion of the good suffer work, for incidental or consequential damages, and that an such adjustment be made in favor of the Seller with respect to my goods which are the Sellers standard stuck. No such trnnimtim shall relieve the Purchaser or the Seiler of my i fflon, obligations re m any g^od, delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller woman, that all goods sold hrreunda shall hove been produced, sold, delivered sad fumished in strict compliance with all applicable laws and regulation to which the goads arc subject The Seller shall execute and deliver such documents se may be required to effect or evidence compliance. All laws and regulation required to be incorporated in agreements of this charade, her, hereby incorporated herein by this reference. The Sella agrees be indemudfy and hold the Puuhasa harmless form ail casts anal damages suffered by the Purchaser u is result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pony shall assign, tromi or canvey this area, or any monies due or to barome due hereunder without the prior written concern of the other parry. 10. TITLE, The Sell,, warrants fell, dear end amafunded ride m the Purchaser for all re,upmmL mmmale, and it. fumished in performance of this agreement, free and clear of my and all liens, restrictions, reservations, security interest encunthmnces and claims ofothere. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed none by the Fractions, and the Sella, and the Seller thrreaaa indicates its inability «unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all aw. assacutcal with such work. The Seller shall release the Purchaser end its contractors of any tier from all liability and driers of my nature resulting from the pafcmance crunch work. This release shall apply even in the event of fault of negligence of tha parry observed and shall extend m the directors, officers anal employees of such party. The Seller's commercial obligations, including warrants, shall not be doomed to In reduced, in any way, br a en such work is performed or caused to be performed by the Purchaser. 14. PATENTS. stra. the Seller u "moral to use my design, device, material or process coved by lemr, parent, mdemark or copyright. the Seller shall imanwify and save heard. the Purchaser form any and all claims for inGagemem by reason of the use of such patented design, device, material or process in connection with the contract, and ,hall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement many time during the prosecution or after the completion of the work. In caw said equipment, ar my pan thereof or the intended use of the good, is in such suit held to contribute inGogement and the use of said quipment oc pan is joined, the Sella shall, at its own expense and at its option, either procure for the rattiest the right to continue using said aluminum or pans, replace the smut with substantially equal but noninfdng e, infemo em, or codify it as it becomes nonimHaging. 15. INSOLVENCY. If the Seller shall Income imolvent or bardwpL make in assignment far the benefit of creditors, appoint a oneriver or trustee for my of flue Sellers property or business, this order may foMwiW ha canceled by the Purchases without liability. 16. GOVERNING LAW. The definitions oftearrs used or the interpretation of the agreement and the rights of all ponies hereunder shall be ..it under and gove,nd by the laws c fthe State ofCalmdo, USA. The following Additional Codition apply only in cases where the Seiler is an perform work heeundef. including the smico of Sellers Rmresentative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Sella shall tarty on said work at Sellers own risk until the some is fully completed and accepted, and shall, in cox of my accident, destruction or injury to the work a&., materials before Sellers final compledion and seveptmce, complete the wort: at Sellers own expense and m the satisfaction of the Purchaser. When materials and equipment rare famishd by others for installation or erection by the Sella, the Seller shall receive, mlmd, store and handle same at the site and become responsible therefor as though such mmdals and/or equipment were being fumuhed by the Seller under the order. I& INSURANCE. The Sella shall, at his own expense, provide for the payment of workers committeeman, including occupational disease benefits, In its employees employed oa or in r.nneclum with the wort covered by this purchase undo, muffin to their dependenu in accordance with the laws of the state in which the work is to be done. The Seller shall else carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits arm lean $300,000 for any one person, $500,000 for my one accident and property damage limit per accident of 3400,000. The Seller shall likewise require his veetracams, ifany, to provide for such compensation and insurance. Before my of the Sellers or has mnmetors employees shall do my work upon the measure of others, the Sella shall fumim the Purchaser with a catifimte that such compensation and inumnce have been provided. Such certificates shall specify the dam when such compensation and insurance have been provided Such ceni0oms shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until oiler the enure work is completed and acceptM 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for my and all damage, loss or injury army kind or rt whatsoever to persons or propaty caused by or resulting fmm the reach. of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmles the Purchaser and any r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or radial, and whether to persons or property to which the Purchase may be put or subject by reason of my act action, imdea, omlssim or default on the part of do Sella, my artier contractors, or my of the Sellers in contractors officers, agents of employes. In, case my sort or offer procedings shall be brought, against the Purchaser, or its officers, agents or employees at my time can acmwt or by reason of any act, action, neglect, omission or default of the Seller of any of his condors ar any of its in their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thati f and to defend the more m the Sellers own expense, to Pay my and all casts, changes, euorneys fees and other wmacses, any amid all judgments that may the incurred by or obtained against the Parchmer or my of its an thew oDicas, agents or employees in such suits or other proceedings, and in teat judgment or other lien the placed upon or obtained against the property of the Purchaser, or said panda in or m a cult of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving band or otherwise. The Seller and his contrecom shall take all safety precautions, famish and install all guard necessary for the prevention of revidenrs, comply with all laws and regulations with regaN an safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all miss and regulation issud pursttavt thereto. Revised 07Q014