HomeMy WebLinkAbout102606 4 RIVERS EQUIPMENT LLC - PURCHASE ORDER - 9147633PO
PURCHASE ORDER 914763er Page
City. of PURCHASE
7633 , of z
Flirt Collins( This number must appear
!_\\,/`I ` tI 1' on all invoices, packing
sli s and labels.
Date: 12/26/2014
Vendor: 102606
4 RIVERS EQUIPMENT LLC
1100 E CHEYENNE RD
COLORADO SPRINGS CO 80905
Ship To: WATER UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 12/26/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
LEASED EQUIP RENTAL SERVICES 1 LOT LS 5,500.00
3-1323557
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
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 exempfiwa. By words, the Ciry of Fort Collins is exempt from slate and had taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Internal Raceme, Denver, Colorado (Ref Colorado Revised Sutures 1973, Chapter 39.26, 114 (a).
Goods Repeated. GOODS REJECTED due m failure to at specifications, either when shipped m due to derans of
damage in m caul, may be retained no you for credit and we and to v replaced except upon receipt of written
instrimmus from the City of Fort Collins.
Inspection. GOODS ere sugar to the City effort Collins inspection on srivaL
Final Acceptance. Receipt of the merchandise, servicea
or equipment in response to this order can result in
authorised payment on the pan of the City of Fort Collins. However, it is to be undersmad that FINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight Terms. Shipments must be F.OB., City of Fort Collins, 700 Wood St., pan Collins, CO 80522, unless
wherwia, specified on this order. If peemission is given to prepay freight and ,barge separately, the original freight
bill must accompany invoice. Additional charges for peeking will not be accepted.
Shipman, Durance. When manufacturers have distributing we in various was of the w.t,, shipment is
expected f the mumat distribution point to destination, and excess freight will he deducted from Invoice when
shipments are made from gdwter distance.
Permits. Seller shall p.,a a, sellers sole cos, all necessary permits, certificates and licenses mloired by all
applicable laws, regulations, ordinances and tales of the shoe, municipality, hantery or political subdivision where
,he work is pefPormed. of r sion d by any aNer duly constituted public authority having jimadiction over the work
of vandou Seller limber agrees to hold the City of From Collins homles, from end against all liability sad has
incurred by them by reason of an aceened or established violation of my such laws, regulations, ordinances, tales
end requirements.
Authorivtion. All panic to this contact agree Out Ne mrsawastive, are, in f e. bona fide add possess full and
omplem authority to bind said pmies.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions afted
herein set forth and any supplementary or additional terms and conditions annexed hereto or incopomted herein by
reference. Any additional or diff .. in terms sad conditions proposed by safer are objected to and herebyrjected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery dale as noted. Time is ofthe essence. Delivery and performance mat be eflecmd within the time
stated on the purchase order and the documents ateched hereto. No cis of the Purchas.s including, without
limitation, ceepmme of partial late deliveries, shall operate as a waiver of this provision. In the event army delay,
the Purchaser shall have, in addition in other legal and equitable remedies, the option of placing this ordhe elsewhere
and holding the Seller liable for damages. However, the Seller shall om be liable for damages as a resell of delays
due to causes not reawnably foreseeable which are beyond its reasonable control and without its fault of negligence.
such ace, fGod, aces ofcivil in military authorities, govcmmmnt prior ics, fires, strikes, flood, epidemic, wars or
rids provided Nat notice of the conditions causing such delay is given to the Pa alusaw within five (5) days of the
time when the Seller first received knowledge thereof.. In the event of any such dairy, the dam of delivery shall be
extended for the period equal to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Sella warrants Oat all goods, articles, wamrials and work covered by this order will conform with applicable
drawings, specifications, samples unfair other desaiptiom giver, will be fit for fire pemosa intended, and
Performed with the highest degree of care and competence in accordance with accepted standards fro work of a
insular come. The Sella agrees to hold the purchaser harmless from any loss, durnme or expense which the
Purchaser may suR'er or incur on account of the Sellers breach of w..ty. The ScHer shall replace, repair or make
goad, without cost to the purchaser, any delete, or faults arising within one (1) year or within such longer period of
time as may be pcscnbed by law or by the terms of any applicable warranty provided by the Seller after the data of
cwpmntt of the good fumishal hereunder (remittance not to be unseasonably delayed), resulting from imperfect
or defective work done or momnals fumisbed by fie Seller. Acceptance or use of goad by the Purchaser shall not
constitute a waiver of any claim unda this wvranty. Except as otherwix provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately mused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in an event include loss of profits or loss of a. 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 carmen change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaer may make any changes to the terns, other than [coal s mu, including additions to or deletions from
the quantifies originally ordered in the specifications or drawings, by verbal or written change order. If any such
change collects the amount due or the time ofperformmce hercmda, an equitable adjustment andl be nude.
6. TERMINATIONS.
The Poolueser may at any time by wdnrn change order, mtmitmte this agreement as to my or all poniotes of the
goods then not shipped, subject 0 any equitable adjustment bervrcen the panic as to any work or materials then in
progress provided that the Purchase, shall rat be liable for my claims for anticipated profits on the uncompleted
portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor ofthe Seller with mswt to any good which an the Sellers standard stock. No such termination shall relieve
the Purchaser or the Sella of any of their obligations as to any good delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
A, claim tar Wjusmreat must be acsmea within thins (30) days from the dam the change or termination is
araerta.
8. COMPLIANCE WITH LAW.
The Sella warrants that all goods sold germander shall have Iran produced, sold, delivered and fiunished in avid
compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be
new,mated in agreements of this character am hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless rm all costs and 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 older, or any monies due or to become due hereunder witfmm the
prior women want of the mher pony.
10. TITLE.
The Seller warrants full, clew and unrestricted title to the Purchaser for all equipment, materials, and items f rmishal
in Prof.—. of this agrccmen,, free and clam of any and all liens, co inctions, resavrtiom, swearily interest
encumbrances cad claims of others.
11. NON WAIVER.
Failure of the Purchaser to insist upon strict performance of the moms and conditions hereof, failure or delay to
exemis
y rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of r
brc ch,anthe acceptance ofor payment for goods hemander or approval ofthe design, shall not release the Seller of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
purebaur m insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless
of when shipped, received or accepted, as many prior or subsequent default hereunder, twr shall any purposed
oral modification or rescission of this Farmhouse order by the Purchaser operate as a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recopme that in actual economic practice, overcharges resulting rm solution,
violations are in fact home by the Purchaser. Theretofore, forgoodcams, and as consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services
purchased or mqumal by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller no correct nocmtforming or defective good by a date to be agreed upon by due
Purchaser and the Sella, and the Seller thereafter imuccles its viability or unwillingness to comply, the Purchas.
Jay cause the work to be pmfotmal by the mass, expeditious means available m it, and the Seller skull pay all
costs associated with such work.
The Seller shall release the Purchaser and its contram rs of any tier from all liability and claims of any mute
resulting fmm the performance ofsuch work.
This rtleae shall apply even in the event of fault of negligence of the patsy released and atoll exend to the
directors, officers and employees ofsuch Lamy.
The Sellers commercial obligations, including waddanty. shall not be, deemed 1. be raluced, in any way, bmaa
such work is performed or cate,cd to be performed by the Purchases.
14. PATENTS.
Whenever the S,Iler is required to use any design, device, material or process covered by lever, porn,, trademark
or copyright, the Seller shall indemnify and save homeless the Purchaser rm any and all claims for inGngement
by mason of the use of such patented design, devies, material or process in connection with the contract, and
shall indemnify the Purchaser for any cast, expense or damage which it may be obliged an pay by reason of such
estrangement many time during the prosecution or after Ore completion of the work. In case said equipment, or
any part thereof or the intended use of the good, is in such suit held on constitutes infringement and the use of
said equipment or pan u enjoined, the Seller shall, in its own expense and at its option, either procure for the
Purchaser the right to continue using said equipment or pads, replace the samc with substantially equal but
noninfninging equipment, or modify it an it becomes noninGinging.
13. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make as assignment for the better, of credimrs, appoint a
receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser wiOmm liability.
16. GOVERNING LAW.
The definitions oftedms used an the interpretation of the agreement and the rights of all Parties bereanda shell be
continued under aM governed by the laws ofthe State ofColoodo, USA.
The following Additional Conditions apply only in cases where the Seller is to perform week ham wler.
including the smicas of Sellers Representative(s), on the premises ofmhers.
17. SELLERS RESPONSIBILITY,
The Sella shall carry on said work at Seller's own risk until the same is rally completed and accepted, and shall,
in se of my accident, destruction or injury to the work and/or materials befom Sellers final completion and
acceptance, complete the work at Sellers own expense and in the m,isfctiom of the Foreknow. When materials
and equipment arc famished by others far installation or erection by the Sella, the Sells shall receive, unlmd,
store and handle same at the site and bwome responsible therefor as though such materials moor equipment
were being furnished by the Seller under the odes.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to in 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 be done. The Seller
shall also carry comprehensive Pound liability including, bra and limited to. contactual and automobile public
liability insurance with badly injury and death limits of at least 5300,000 for any one person, $500,000 for any
cciden, and graham damage lime, pa accident of 5400,000. The Sella dull likewise require his
contmcmrs, if any, to provide for such compensation and insurance. Before my ofthe Sellers or his contractors
employees shall do any work upon the pdcmfes of othem, the Serer scull famish the Pumhaser with a certiftote
that such mmprnsation and insurance have been provided. Such wrfifetea shall specify the date when such
compensation am insurance have been provided. Such certificates shall specify the date when such compnsmion
and insurance expires. The Seller agrees that such compensation and commerce shall be maintained until oiler the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire respori it,day and liability for any and all coverage, loss of injury oF.y kind
or nature whatsoever to persons; or property caused by or resulting from the execution ofthe work Provided for in
this purchase aNer a in connection herewith. The Sella will indemrti fy and hold harmless the purchaser and my
r all of the Purchasers officers, agents mad employees from and against any and all claims, losses, damages,
charges m expenses, whether direct m indirect, and whether to persons or proper,, m which the Pwchas. may
be par or subject by reason of my act action, neglect, omission or defaul, on the pm of the Seller, any of his
contractors, in my of the Sellers or comnaors oMe., agents or employers. In case any soil err mine
proceedings shall be brought against the romancer, or its officers, agents on employees or any time on account or
by reawn of any act, action, neglect, omission or default of the Seller of any of his contractors or my of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the mine at the Sellers awn expense, to pay my and all casts, charges, attorneys fees and other expenses,
my and all judgments that may be incurred by or obtained against the Pmchmer or my of its or Nair officers,
agwts of employees in such suits or order pmttedings, and in case judgment or order lien be placed upon or
obtained against the Property argue purchaser, or said parties in or as a result catch suits or other proceedings.
the Sella will at once wa the same to he theistical and discharged by giving bond re otherwise. The Sell. and
his contractors shall take all safety p ccaudions, fumich and install all guard neceamry fro the Paramount of
accidents, comply with all laws and regulations with regard in safety including, but willwut Ilmitation the
Occupational Safety and Health Act of 1970 wd all tales and regulations issued pursuant Nerem.
Revised OMW4