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HomeMy WebLinkAbout102606 4 RIVERS EQUIPMENT LLC - PURCHASE ORDER - 9147192PURCHASE ORDER PO Number Page Cityof947192 ,eft ' `t Collins( hisnumber must appear V " �7 on all invoices, packing sli s and labels. Date: 12/08/2014 Vendor: 102606 4 RIVERS EQUIPMENT LLC 1100 E CHEYENNE RD COLORADO SPRINGS CO 80905 Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 12/05/2014 Buyer: DOUG CLAPP Note: rental bid # 7591 Line Description Quantity UOM Unit Price Extended Ordered Price 1 RentJD644K Wheel Loader Rental to begin 12/03/14 and continue for 12 months. $3,650.00/month User department —Crusher Plant M3510 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 43,800.00 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. COMMERCIAL DETAILS. Tax excmpliore. By statute the City of Fort Collins is exempt Sam state dual laal taxes. Our Exemption Number is It NON WAIVER 9g6s502. Federal Excise Tax Exemption Catifeate of Registry 84.6000587 is registered with the Collector of Failure of the Purefasa to imisl upon drier performance of the terms and conditions hemaf, failure or delay to Internal Revenue, Denver, Colomdo (Rcf. Colorado Revised Sawtw 1913, Chapter 39 26,114 (a). exercise any rights or mndies provided herein or by law, failure to promptly notify the Sella in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED den to failure to meet specifications, either when shipped or due to defects of any of the wduranlies or obligalions of this purchase order and shall not be damed a waiver of my right of the damage in amount, may be reNmd to you for credit and are rot to be replaced except upon receipt of women purchaser to inset upon said performance heeofor any of its rights or remedies ex to any such good, regardless inswclims Brad the City of Fort Collins. of when shipped, served m acceptd, as to any Our or subsequent default hereunder, nor shall my purported ore[ modification or rescission of this purchase order by the Franchiser opdete es a waiver of my of the terms Inspection. GOODS ore subject to the City of Ton Collins retaliation on arivel. hereof. Final Acceptance. Raelpt of the merchandise, services or equipment in response m this order can rau], in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the Cary of Fort Collins. Howcvd, it u as be understood fast FINAL Sella and the Pmchme recogove flat in actual a omit practice, overcharges awaiting farm antitrust ACCEPTANCE is defendedupon completion of ell a,liable required inspection procedures. violations arc in fact berme by th. e Product Theretoforenfor good exist, ad m currsiderstim fro executing this purchase order, the Seller hereby wsigns to the Purehreer any and all claims it may now have or hereafter Freight Terms. Shipments must Ise F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. evedisvlbni, shipment is Shipment Distances Wheremanution extsinvariompans of thed Ifthe Seller a dategness to be by the nor, howl distribution point to destination, and excess freight will be deducted fmm Invoice when expected from the poi and ancient. its infetivegoods wby comply the Pu and the Seller, and the Sell, yhercaM indicates its i or unwillingness to comply, the Purchaw Purchaser and he Seller from shipments are made from granter distance. n .. may cause the work to be performed by the most expeJhious mean available m it, and the Sella shrill pay all may corn perforated costs resaiaed with such work. Permits. Sealer shall procure at sellers sole cost all naessary prnnits, y,ttifra,a and licenses required by all laws, mutilations, ordii] duel roles state, municipality, tertimry Political tion over tin whore work The Sella lath release the Purchases and its contractors of any ties (man NI liability and claims of any nature duly in performed, required by any other duly the work is performed, file i by Cored public authority suing jurisdiction over the work resulting from the performance of such work. Fort from and agoinsr all and loss vendor. Sella further agrees to hum the City of Fort Collins hancla, r any s ordinances, incurred by them by reason of an asserted in established violation of any such laws, regulations, ordinances, rvlcs This release sill apply even in the even of fault of negligence of the parry released and shall extendtothe and requirements. dicm rers, officers and employes ofsucM1 P.M. Adha riention. All parries to this.1.1 agree that the representatives are, in feel, born 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 sired herein set forth and any supplementary or additional terms and conditions aanexd hereto or incomented heein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby jedd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted Time is of the ase c. Delivery and palmormica must be effected within the lime sorted on the purchase order and the documents attached hereto. No sub of the Purchasers including, without limitation, acceptance influential late deliveries, shall opeme as a waiver of this proWaion. in the used story delay, the Purchaser shall have, in addition b other legal and equitable remedies, the option of placing this order elxwthert and holding the Seller liable far damages. However, the Sella shall not be liable for damages as a mull of delays due to causes nor reasonably foreseeable which are beyond its reasonable control and without its fault ofnegligence, such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, Rod, epidemics, warsor rits oprovided Oat notice of the conditions causing such delay is given to the Purchaser within five (5) days ofthe time when the Sella first received knowledge hermf. In the event of any such delay, the date of delivery shall be extendd for the period equal to the time acttally Iwt by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples mdlor other descriptions given, will be fit for she purposes intended, and performed with the highest degree of are end compensate in accordance wads accepted St ndarM1 for work of a similar aware. The Seller agrees to hold the purchaser harmless Room my lass, damage or expense which the Purchaser may suffer or incur on account of the Sellers broth of warranty. The Seller shall replace, repair or make good, without cast to the purchaser, any defecas or faults arising within one (1) year or within such longer paid of time as may be prescribed by taw or by the terms of my applicable warranty provided by the Seller after the dale of acceptance of the goods furnished hereunder (weepunce not to be unreasonably delayed), resulting fmm imperfect or defedive work done or materials fursalshed by the Sella. Acceptance or use of goods by the Purrbasa shall not constitum a ward, of any claim undo this warrmdy Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of fine foregoing warranties or guarantees, but such liability shall in no event include loss of pm01s or lass 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 tam¢ by wdnen change order 5. CHANGES IN COMMERCIAL TERMS. The Pi rebaa may make any changes to the cams, other than legal terms, including addaiore to or deletions fmm the 9uan dies magically ordered in the modifications or Jawings, by veal or written change ordd. If may such cange affects the ...not due at time ofpaformance hereunder. an rgilitable adjustment shall b, made. 6. TERMINATIONS. The Pmchasa may at any time by written change order, termirmc this agreement as to any or all portions of the gook then not shipped, muca ro any Wuitable adjawmew baween the parties as to my work or materials then in progress provided that the Purchasd shall not be liable for my claims for anticipated profirs on the uncompleted portion of the goods androf work, for incidental or constitutional damages, and that no such experiment be node in favor of the Seller with aspect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of,hci, obligations as to any gook delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most the assumed within thirty (30) days fmm the dole the change or teraNnation is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants Nat all goad led hereunder shall have been produced sold, delivered and f mishd in stilt, camplhvnc, with all applicable laws ad regulations to which Ore gaud are subject. The Seller shall extent and deliver such documents as may a landlord to eBM or evidence compliance. All laws and reprimands earned to be ncoryomled is ageemenn of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchmer harmless from all costs and damages suffered by the Purchaser os a result of the Sellers failure to comply wed such law. 9. ASSIGNMENT. Neither party shall resign, Ramada, w convey this order, or my monies due or to became due hereunder wihom the prior written consent ofthe other party. I o.TITLR The Sella wmrents full, clear and unrestrimd title to the Pmchasd for all equipment, materials, and items freaishd in performance of this agreement, firs and clear of my vW all liens, restrictions, reservations, secmriry interest eacc mbmorm ads claims dithers, The Sellers contractual obligations, including warranty, sall col be domed tp be reduced, in any way, because such work is perfic cord or dressed to he performed by the Purchaser. 14. PATENTS. Whenever the Sella is required to use any design, device, material or process covered by letter, patent, trademark an copyright, the Sella shall indemnify and save armless the Pu er from my and all claims for infringement by rchaon of the ere of such parented design, device, material or protests in mntrcction with the dantract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said eluipmem, or my End thereof or the intended use of the gook, is in such suit held to conathue inMngement and the flue of said cyuipmett or pan is enjoined, the Seller shall, at its own expanse and at its option, either procure fro the purchaser the right to continue using said equipment or Pros, replace the same with substantially equal but nminGnging equipment, or modify it so it becomes tmninfringing. 15. INSOLVENCY. If the Sella shall become insolvent or makrapt, make an assignment for the benefit of creditors, appoint a receiver or ttusree for my of the Sellers pmpary or business. this order may forthwith be addled by live Purchase willsout liability. 16. GOVERNING LA W. The definitions ofterms hand or the interpretation of the agreement and the rights of all parties hereunder shall be comtrued umhr and govemcd by the laws curdle State ofColomdo, USA. The following Additional Conditions apply only in cases winds, the Sella k an perform work hereunder, including the servicesof Sellers ReAu sentarivele), on the prtmisw of orders. 17. SELLERS RESPONSIBILITY. The Sella shall arty on said work at Sellers own auk until the same is fully complered and occipital end shot[, a. hose of any accident, daouction or injury to the work valor mmerials bet Sellers final romp]ei. and acceptance, complete the work at Sellers own expense and to the werisfaction of the Pumasw. When materials and ryuipment we famished by others for installation or creditor by the Seller, the Sella shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being attmiahN by the Seller and the calls. 18. INSURANCE. The Sella shall, al his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to Ise done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and doll limits of at least 5300,000 for any one person, 550o,Og0 for any cone accident and property damage limit per accident of S4o0,000. The Sella shall Illecome require his camman ss, 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 orders, the Seller shall famish the Purchaser with a cenifiate Nat such compensation and insurance have been provided. Such certilicata sail specify she date when such compensation and aasusmce have ban provided. Such certificates shall specify the die when such compensation and insurance expires. The Sella agrees that such compensation and insurance shall be committed until after the afire work is completed pant accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the aware rapomibility and liability for any and all damage, loss or Njmy of my kind naturt w omader so persore or property caused by or resulting fmm to execution ofthe work provided for in this Panama, order or in connection harewiN. The Sella will indemnify nod hold board. the Purchaser and my r all of the Purchasers oReers, agents and ,mplayas from dual agoim, my and dull claims, losses, damage, charges or expenses, whsar direct or indirect, and whether to persons or property to which the Purch red may be par or subject by reason of any cot, notion, neglect, omission or default oa the part of the Seller, any of his command, or my of the Sellers or contrectors officers, agents or employees. In hose my suit or other proceedings shall be bro illd against the Purchaser, or its officers, agents or employees at my time on advand or by reason of my act, ration, nights, omission or default of line Seller of my of his contractors or my of its or their oflicrn, agents or employees as aforevid, the Seller hereby agrees to assume the der thereof ad to defend the same in the Sellers own expense, to pay any and all costs, charges, attorneys fees and o$er expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and or case judgment or other lam he placed upon or obtawed against the pmpeny ifthe Purchaser, or said parties in or w a rauh ofsu.b suits or chef plead rags, the Sella will at once dame the same to be dissolved and discharged by giving bond or otherwise. The Sella and his contactors shall take all safety preautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations wish regard to safety including, but without limitation, the Occupatinal Safety and Health Ad of 1970 and all roles and regulations issued pursuant thereto. Revised 07TU114