HomeMy WebLinkAbout102606 4 RIVERS EQUIPMENT LLC - PURCHASE ORDER - 9147333Fort Collins
Date: 12/10/2014
PURCHASE ORDER
Vendor: 102606
4 RIVERS EQUIPMENT LLC
1100 E CHEYENNE RD
COLORADO SPRINGS CO 80905
PO Number Page
9147333 1o12
This number must appear
on all invoices, packing
sli s and labels.
Ship To: STREETS DEPARTMENT
CITY OF FORT COLLINS
625 NINTH STREET
FORT COLLINS CO 80524
Delivery Date: 12/10/2014 Buyer: DOUG CLAPP
Note: Ref. 2014 Rental Bid # 7591
Line Description Quantity UOM Unit Price Extended
Ordered Price
t 3-1323516
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
6,300.00
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 exemption. By stature the City of For Collins is exempt from some and local taxes. Our Exemption Number is
11. NON WAIVER.
98-04502, Finland Excise Tax Exemption Cenificale of Registry 84-6000582 is registered with the Collector, of
Failure of the Purchaser to insist upon grid performance of the corms and conditions hereof. failure or delay to
formal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
exacise any rights or remedies provided harem or by law, failure to promptly notify me Seller in the event of a
breah, the mceptance, of a payment far goods hereunder a p,.cal of go design, shell not release the Sella of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to dacca of
uny of the memories or obligations of this purchase order and shall not be deemed a waiver of my right of the
damage in transit, may be resumed to you for credit and art not to be replaced except upon receipt of writ
purchaser to insist upon stria performance hereof or any of its rights or remedies as to any such goods, regardless
inbuctions from the City of For Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor sholl any poepaged
.or modifcalion or rescission of this purchase order by the Purchase, operate n a waiver, of any of the terms
Inspection. GOODS are subject to the City of For Collin inspection on anivel.
hereof.
Final Acceptance. Receipt of the merchandise, sece or equipment in response,to this order can mean in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of FortCollins.Collin. However, it is to be, understood that FINAL
Seller and the Purchaser recognrze Oat in actual a is practice, retribution; reuniting For. antitrust
ACCEPTANCE is dependent upon completion ofail applicable required inspection procedures.
violation am in fact home by the Purchaser. Therarefognfar good move and as consideration for executing this
purchase order, the Seller hereby auign to the Purchaser my and all claims it may now have or hereafter
Freight Terms. Shipments most be F.O.B., City of For Collins, 700 Wood Sr, Fort Collin, CO 80522, unless
acquired under federal or sure amivuat laws for such ovemhagd relating to the tericular goods or services
otherwise specified on this after. If permission is given to Imply freight and charge acpmandy, the original freight
purchued or acquired by the Purchaser pursuant m this Purchase orde,
bill most accompany invoice. Additional charges for tacking will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Wbere manufazurers have d6routing points in various pans of the country, shipment is
If the Purchaser directs the Sella to comet nonconforming a defective goads by a date no be agreM upon by the
expected fmm the nearest distribution paint to destinadon, and excess f ight will b, deducted from Invoice when
Purchaser and the Sella, and the Sella mereafter indicates its inability or mwllfmguess to comply, the Purchaser
shipments are made fmm greener distance.
may cause the work to as pMomed by the most exi edition mean available as it, and the Sella shall pay all
caws mmnard with such work.
Permits. Seller shall procure at sellers sale cost all necessary monalk, caf ficater and Forces required by all
applicable aws, regulation, ordiwnces and roles of the stall, municipality, territory or political subdivision where
The Seller shah ¢lease me particular and its comaccum of any der from all liability and claims of any nature
the work is performed, of original by any other duty carstimtb public authority havingjurisdiction over the work
resulting from the pert wott ofsuch work.
of vendor. Seller former agrees to Mid the Cry of Fag Collin hamOeas fmm and against all liability and loss
inceral by them by reason of an zssened m established violation of any such laws, regulations, margarines. roles
This release shall apply even in the event of fault of negligence of the party releasal and shall extend n the
and raryimnents.
directors, officers and employees of such parry.
Authorization. All ponies to this comma agree Oat the representatives art, in fact. bum+ Fide and possess full and
complete authority to bind said ponies
LIMITATION OF TERMS, This Purchase Order expressly limits mcepame coo tM It. and coneitiem sated
herein set fond and any supplementary or additional Terms and condition annexed hens, or incorporated begin by
reference. Any additional or dlferso It. and condition proposed by seller am objected to and homily rejecrd.
2. DELIVERY.
PLEASElADVISE PURCHASING AGENT immediately Wynn cannot make complete shipment to arrive on your
promid delivery dare ex noted. Time is of the essence. Delivery and performance rant be, effected within the time
stated can the purchase order and the documents attached harm. No acts of the, Purchasers including, without
❑Mmme, acceptmm arrogant lam delivaies, shall apadle as a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition ou other legal and applicable gambles, the option of placing this order rgwher,
and holding the Seller liable for damages. However, me Seller shall not be liable for damages us a mull of delays
due to causes not masombly foreseeable which age beyond its musical control aid without its fault of negligence,
such aces of Card, tic¢ of civil m military authorities, govemmmtal priorities, fins, strikes, flood, epidemics, wars or
mr, provided Out norm of the condition causing such delay u given to tM 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
extended for me period after to the time actually last by reaon treat, delay.
3. WARRANTY.
The Sella warrants that all gods, circles, naledats and work covered by this order will confomt with applicable
drawings specification, samples anther other descriptions given, will b, Et for the purposes intrndd, and
perfogmal with the highest degee of ore and competence in accordance with accepted sundards for work of a
similar nature. The Sella agrees to hold the purchasr harmless from any Ins, damage or expense which me
Purchaser may sulfa or incur on account of fhe Sellers breach of ammenty. The Seller shall replace, rrpoir or make
good, without cost to the purchaser, any claims Or faults arising within one (I) year or within such longer period of
time as, may be prescribed by law or by the terms of any applicable wamtnY provided by the Sella efer ffe date of
acceptance of the goods famished hereunder (acceptance not to be morgarr ably delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of goods by he Purchi shall not
constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase oiler, the Sellers
liability hereunder shall extend to all damages proximalely caused by the breach of any of the foraging, warranties
or guarantees, but such liability shall in no event include loss of pmfts 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 arms by wdury change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal terms, including additions m or deletions from
the quantities originally ordered in the specifcations or drawings, by verbal or written change enter. If any such
change affects the amount due or the time of papargam. hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change utter, terminate this agreement as to any or all portion of the
goods then not shipped, subject m any equitable adjustment between the parries as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for maidional prefix oa the uncompleted
portion of the goods a.&., work, for incidental or consequential damages, and that no rich estimation be made in
favor of the Seller with respect to any goods which are the Sellers coma ad stuck. No such termination shall relieve
me Purchaser or the Sella of any oftheir obligations d to any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be lateral within thirty (30) days from the date the change or lamination is
ordered.
R. COMPLIANCE WITH LAW.
The Sella warrants mat all goads sold hereunder shall have been produced, sold, delivered and famished in stria
compliance with all applicable laws and glichron to which the goods art subject The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance All laws and regulation retrained to M
incorporated in agreements of this dometer are hereby incorporated herein by this reference. The Seller agree u
indemnify and hold the Purchaser harmless fmm all costs and damages sulfated by be Purchaser as a result of me
Sellers failure m comply with such law.
9. ASSIGNMENT.
Neimer party shall assign number, or convey this ode, or any monies due or to become due hereunder without eat,
prior women consent of me other pagy.
10. TITLE.
The Sella wereants Far, clear and la2sgleted title to me Manchester for all equipment materials, and items( need
in performma of this agreement, f ad clear of my and all liers, restrictions, reservations, mainly inform
encombmnces and claims fomens.
The Sellers communist obligation, including warranty, shall not M deemed to b, educed, in any way, because
such work is performed at mused to be performed by the Purchaser.
14. PATENTS.
Winerver the Seller is raimead as use my design, device, mareriafor process coved by levee parent, tademak
or copyright, the Seller shall indemnify and save harmless the Formica four any and all clams for infringement
by reason of the ere of such patented design, device, mmerir or process in commerear with the contract, and
shall indemnify the Foreteller for any cost capers, m damage which it may be obliged to pay by reason of such
infringement at any It= during me museculm r or after the completion of the work. In case said cquilemmt or
any pan thereof or the intended use of the goods, is in such suit held to cone mte management and the use of
said equipment or pan is enjoined, me Sella shall, in its own expense and at is others, either procure fur toe
Purchaser the eight in continue using said equipment or pans, replace the same with ministerially and but
naninRinging equipment, an modify it so it becomes remarrying.
15. INSOLVENCY.
If the Sella shall become insolvent or bmtkrtt ar, make an assignment far the benefit of creditors, appoint a
receiver ar tmetm for my of me Sellers property or business, this enter may formwiff be canceled by the
Paighasa without liability.
16, GOVERNING TAW.
The definition of terms osal or the interpretation ofNe agreement and me rights of all partied hereunder shrl be
consumed under and govemed by the laws ofNe State ofCologds, USA.
The following Addifieral Conditions apply only a cases where the Sella is m pedoem work hereunder,
including the services of Sellers Represio alive(s), en the premises c fmang.
17. SELLERS RESPONSIBILITY.
The Seller shall can on said work at Sellers awn risk until the same is fully completed and overprint, and shall,
in cal of any accident, destruction car injury to the work worker materials before Sellas final completion and
acceptance, complete the work at Saws own expense and to the satisfaction of the Purchases. When matmrs
and equipment art fumiand by others for irradiation or erection by the Sella, the Seller shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials andfor equipment
was being fum0hed by me Seller under the order.
18. INSURANCE.
The Seller shall, at 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 covert by this purchase order,
and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller
shall also curry comprehensive general liability including, but not limited m, contractual and automobile public
liability insurance with bodily injury and &orb limits of at least 5300 000 for any one person, $500,000 for any
one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his
contractors, if any, to provide for such compensation and insurance. Refore any of the Sellers or his contractors
employees shall do any work upon the premises of other, me Seller shall fermium me Purchaser with a cafficate
that such compensation and insurance have been provided. Such cenifcatd shall specify, the date when such
compensation and insurance have been provided. Such cenificates shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
the Sella hereby assumes the entire responsibility and liability for any and all damage, loss or injury army kind
or wore whatsoever to person or propey caused by or multing from the execution of me work provided for in
this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Purchaser and any
r all of the Purchasers officers, agents and employees from and against my and all claims, lasses, damages,
charges or expenses, whether direct or indirect, and whether to person or property to which me P orlo er may
be put or subject by reason of any act, action, neglect, omission or default on me part of the Seller, any of his
contractors, or any of be Sellers or contractors oRcess, agents m employees. In case my suit or offer
proceedings shall be brought against the Partner, or its officers, agents or employees at my fine on account or
by among of any act action, neglect, omission or default of the Seller of any of his remembers or my of its or
their officers, agents or employees as aforesaid, me Sella hereby areas to assume life defense mereof and u
defend me same in the Sellers own expense, m pay any and at casts, changes, mergers fees and other expenses,
my and all judgments mat may he incurred by or obtained against the Purchaser or my of its or their officer.
agents or employees in such suits a miser proceedings, and to case judgment or agree lien be planned upon or
whored against the property ofNe Purethava, or said pallid in or as a much ofsuch suits or other proceedings,
Ind Sella will at once muse me same ro be dissolved and discharged by giving bond or otherwise. The Seller ad
his convaclors shall take al to fery precaution, Finish and inall all guards necessary for me ptrvmMn of
accidents, comply with all laws and regulation with mind to safety including, but without limitation, eac
Occuporioml Safety and Health Act of i970 and at roles and regulation fiscal pursuant memo.
Revised 094014