HomeMy WebLinkAbout111402 POWER EQUIPMENT COMPANY - PURCHASE ORDER - 9147575Fort Collins
PURCHASE ORDER
Date: 12/23/2014
Vendor: 111402
POWER EQUIPMENT COMPANY
PO BOX 28
DENVER CO 80201-0028
PO Number Page
9147575 7of2
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: 12/23/2014 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 PER QUOTE DATED 11-3-14
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:purchasingQfcgov.com
1 LOT LS
M
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. COMMERCIAL DETAILS.
Tax aemptions. By statute the City of Fan Collins is exempt from state read local taxes. Our Exemption Number is
11. NONWANER.
9"502. Federal Excise Tax Exemption Certificate of Registry 84.6000587 is registered with the Collision. of
Failure of the Purchaser as deist upon s rict pert roux of the trnm and conditions hereof, AINte or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Raised Sam. 1973, Chapter 39-26, 114 ad.
exemin any mills or mnedics provided herein or by law, Tahoe to promptly modify the Seller in the event of a
branch, the acreprmce afar paymrnd for goods hereunder or approval ofhe design, shall not release be Seller of
Goads Rejects. GOODS REJECTED due to failure 1. men specifications, enter worn shipped or due to defects of
any of the warranties or obligations of this purchase order and shall not be dams a waiver of any right of the
damage in rmnsit may be dammed to you for mail and arc nor ro be replaced except upon receipt of wrinen
purchaser to insist upon strict performance heraofor any of its rights or ransies w to any such good, regardless
instructions from the City of Fort Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall my purported
oral modifieation or rescission of this purchase order by be Parch i er operate a a waiver of my of the teems
Inspection. GOODS are subject to the City of Fort Collins inspection on contend,
hereof.
Final Acceptance. Receipt of the merchandise, service s or equipment in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the parr of the City of FortCollins. However, it is to be understood that FINAL
Sella and the Purchaser recognize that in actual oris positive, overcharges resulting from antitmst
ACCEPTANCE is dependendupmemar,letionofall applicable required inspctionicandmes.
violations are in fact home by the Purchaer. Thavafare,tfoar good cause and in consideration for executing this
purchase ordeq the Seller hereby assigns to the Provision my and all claims it rosy now have o hereafter
Freight To.. Shipments mast be ROB.. City of Fart Collins, 700 Wood St, Fort Collins, CO 80522. bales
acquired under federal or suite anaiaml laws for such overcharges relating to the particular goods or services
otherwise specified an this order. Upemeission is given to prepay freight and charge separately, the original freight
purchased m acquired by be Pumhwn pursuml to this pm<hwe order.
hill most accommsnv invoice_ Additional charges for wekin¢ will not be accents.
Shipment Distance. Where mafinfin uors have distributing points in examems pats of the country, shipment is
expected fro the merest d arambo t Point to destination, and excess freight will be deducts from Invoice when
shipments are made from greater disame.
Permits. Seller shall procure at sellers sole cost all necessary, pemfs. certificates and licenses required by all
applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision where
the work is performs, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Sella further agrees In hold the City of Pon Collins harmless from and against all limit ily and lass
incurred by them by reason of an asserted or established violation of any such laws, regulations, arlinances, roles
and requimmems.
Authorization. All ponies to this contract agree that the repreunectives are, in fact band fide and possess full and
complete authority to bind said parries.
LIMITATION OF TERMS. This Purchase Order expressly limits sta dance to the toms and conditions sated
herein act forth and any supplementary or additiowl terms and conditions annexed hereto or incorporated herein by
refte ma. Any additional or dlffereand tames and conditions proposed by seller are objected to and bereby rejecouL
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipmenuo move an your
promised delivery date as wood Time is of the essma. Delivery and performance best be effected within the time
sated oa Ore purchase order and the documenu amchs hereto. No acts of the Purchasers including, without
banding, accordance adrenal late deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Turnover shall have, in addition mother legal and egenable remedies, the opdo. ofpladng this order elsewhere
and holding the Sella liable for damages. However, the Sella shall not be liable for damages as a result of delays
due to causes not easonably foreseeable which on beyond its mosomble control and without its fault of negligence,
such acts of God, acts ofcivil or military authorities, governmental panties, fires, dukes, good, epidemics, was err
riots provided that notice of the conditions causing such delay is given to the Pmchaser within five (5) days of the
lime wlmn the Sella first received knowledge dilator. In the event of any such delay, the dare of delivery shall be
extended for the period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work coveted by this order will conform with applicable
drawings, specifications, samples anNor other descriptios, given, will be fit for the purposes intended, and
performed with the highest degree of cart and competent in accordance with accepted standards for work of a
similar wart. The Seller .,tees to held the purchaser harmless from any loss, damage or expense which the
Purchaser may surface began account of the Sellers breach of wmmnry. The Seller shall replace, repair or take
good, without cost an the pumbesser, any defects or faults erinng within one (1) year or within such longer period of
time as may be Fraternized by law our by the terms of any applicable wamnty provides by the Sella after the date of
acceptance of be goods fumished heeu bee (anceptmtcc not b be tuueasombly delayed), resulting from impM t
or defective work done or nealands banished by the Sella. Acceptance or use of good by the Purchaser shall not
constitute a waiver of any claim under this warranty. Except as otherwise provided in this pamhase order, be Sellers
liability hereunder shall extend to all darmga proximeely caused by the breach of any of the Foreign, wmmeies
or guarantees, but such liability shall in an event include loss ofpro0s or lass of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
She Furchnsee may make changes m legal terms by written change order.
I. CHANGES IN COMMERCIAL TERMS.
no Purchaser may make my changes to be lemu, other than legal terms, including additions ao or del bb. from
the quantities originally ordered in the specifications or drawings, by verbal or women change order. If any such
change affects the amount due or the time ofperfonmance hereunder, or equitable adjustment shall be made.
6. TERMINATIONS.
The Puaheser may at my time by wnnen change older, terminate this agreement a to my or all portions of the
good thin rat shipped, subject to my equitable adjustment between be parties w to my work or nationals then in
progress provided that the Purchaser shall drat be liable for any claims for snticipmed pu fa on the uncompleted
portion of the good andlor work, for incidental or consequential damages, and that m such adjustment be made in
favor of the Seller with respect to my good which are be Sellers standard freer No such lamination shall relieve
the Purchaser a the Seller army oftheir obligations ss to any good delivered hereunder.
2. CLAIMS FOR ADJUSTMENT.
Any claim for mijmlmem muff be ..sired within thirty (30) days from the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller ..is that all goads sold hereunder shall have ban produced, sold, delivered and Famished in strict
compliance with all applicable laws and regulations to which the good are smicit. The Sella shall execute end
deliver such documents as may be retained to effect or evidence compliance. All laws and regulations required in be
incomoraed in trombones of this character am hereby incantational heave by this reference. The Sella agrees to
indemnify and hold the Purchaser handless from all wets and damages sulfaed by the Pachwer as a result of the
Sellers barkeeps comply with such law.
9. ASSIGNMENT.
Neither pmry shall assign, tromm , or convey this order, or any marries due or an become due hereunder without the
prie, word". consent afthe orbs party.
10. TITLE.
The Seller warrants full, clear and amounted title to the Purchaser for all equipmenb materials, and items famished
I. perromaance of this a,reeread, free and clear of any and all liens, restrictions, notivitions, security interest
encumbrances and claims i fathers.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purcbun directs the Sella to Warner nonconforming or defanno, goods by a date to be agreed upon by the
Purchaser and be Sella, and the Seller WaeaRn induales as imbilo, or unwillingness to comply, the Purchaser
may awe the work m be performed by the most expeditious means available to iL and be Sella shall pay all
casts assacima with such work.
The Seller shall releaze the Purchaser and Its contractors of any tin fault all liability and claims of my nature
resulting fro the Fairmount ofsuch work.
This release shall apply even in the event of fault of negligence of the piny released and shall extend to the
directors, officers and employees obsuch pany.
The Settees contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is preformed or caused to be performed by the Pmchaser.
14. PATENTS.
Whenever the Seller is required to use any design, doctor, material or process covered by total, patent, trademark
or copyright, be Seller shall indemnify and save harness be Purchaser boom my and all claims for infringement
by raamn of the use of such pmenmd design. device, aecrial or process in coaection with the contract, anal
shall iade.fy the Purchaser for any most, expene or damage which it may be obliged I. Bay by. of such
infnngement m my time during the prosecution or after the completion of be work. In case said equipmrnL or
my pm thereof or be intended use of the goods, is in such suit held to condiNtm infringement and the use of
said aluipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Pombattr the right to continue using said equipment or parts, replace the same with substantially egwl but
noninGnging equipmmL or modify it so it becomes nooiufnnging.
15. INSOLVENCY.
If the Seller shall become insolvent or makrupt, make an assigmnent for the benefit of credin rs, appoint a
receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by tee
Proxima without liability.
16. GOVERNING LAW.
The definition of terra wed or the interyreation of the agreement and the rights ofall podia hereunder shall be
...,it under and governed by the laws of the Sate of Colorado, USA.
The following Additional Conditions apply ovly th cases where the Sella is to perform work hereunder,
including the services ofSelles Represenative(s), env the premises o(otlres
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work in Sellers awn risk until the same is fully completed and accepted, and shall,
in ease of my accidem, destruction o injury to the work anNo materials Were Stiles Real completion and
secepance, complete be work at Sellers own expense sad to the subornation of the Purchase. What mamoafs
and equipment are famished by others for installation or erection by the Sella, the Sella shall examin, broad,
stun and handle some at the site and become responsible therefor as though such materials mdlor equipment
were being fumished by the Seller under the ardor.
18. INSURANCE.
The Sella shall, or 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 spite in which the work is to be done. The Sella
shall also can, comprehensive general liability including, but not limited to, coemmctml and automobile public
liability insurance with bodily injury and death limits of at lent 5300,000 for any me parser, $500,000 for my
fin accident and property damage limit per accident of S400,000. The Sella that likewise require his
emnocons, ifany, to provide for such confirmation and imentdce. Before my of the Sellers or his contractors
employma shall do my work upon roe premises of others, the Seller shall Finnish the Pocbsser with a ormfcate
Rod such compensation and insurance have ban provided. Such certificates shall specify the date when such
ompetwtion and insurance have ban provided. Such certificates shall specify the date when such mmpen.ation
and insuonce spires. The Sella agrees that such compensation and commence shall be monitored unfit after the
more work is completed and acttpred.
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 nature what raver to persons or property caused by or resulting from the execution of the work pmvided far in
this purchase order or in connection herewith. The Sella will indemnify and hold hannlu s the Purchaser and any
r all of the Purchasers affairs, agent. and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may
be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his
contractors, or any of the Seller or ommittors officers, agents or employees. In cause my suit or other
proceedings shall be brought agained the Purchaser, or its officers, agents or employees at my time ou account or
by reason of my scS action, neglect, omission or default of the Sella of my of his comtmnars or my of its or
their ofcers, agents or employees res aforesaid, the Sella hereby agrees to asume the defense churn and to
defend the same at the Sellers awn expense, to pay my and all cods, charga, mtomeys fees and order expenses,
any and all judgments Wr may be imurrd by or onsina against the Purchaser, or my of its of their offcers,
agents or employees in such suits o ohcr proceedings, and in case judgmrnl or other lien be placed upon or
obtained against the property of the Parebaser, or said parties m or as a at of such suits a odder proceedings,
the Seller will at once watt the same to be dissolved and discharged by giving bond or otherwise. The Sella and
his components shall take all safety precautions, fumish and imull all guards naeasary for the prevention of
accidents, comply with all laws and regulations with regard in safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rules and regulations issued pursumt bacto.
Revised 01I2014