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HomeMy WebLinkAbout117049 HONNEN EQUIPMENT CO - PURCHASE ORDER - 9147656PO PURCHASE ORDER 914765er Page C117/ of PURCHASE 47656 1 of 3 ' `tCollins( This number must appear V " on all invoices, packing sli s and labels. Date: 12/29/2014 Vendor: 117049 HONNEN EQUIPMENT CO 5055 E 72ND AVE COMMERCE CITY CO 80022-1513 Ship To: FLEET SERVICES - MAIN SHOP CITY OF FORT COLLINS 835 WOOD ST FORT COLLINS CO 80521 Delivery Date: 12/29/2014 Buver: DOUG CLAPP Note: 2014B Lease Purchase Line Description Quantity UOM Unit Price Extended Ordered Price 2015 Wirtgen W210i 1 LOT EA 654,879.00 as per quote 12-15-14 from Bill Wright 1 unit - Wirtgen W210i milling machine with - T-3" milling drum F2200, FB 2000 (T-3") drum housing - Operator's stand with comfort seat - Hydraulic folding discharge conveyor - additional weight - VCS extration system - Discharge conveyor support legs - Level Pro - Slope sensor - Pick change seat - Drum rotating device - Pneumatic hammer - Milling depth display - additional books - including spare parts manual operator manual maintenance manual repair manual - includes 1 operator and 1 mechanic training course - includes freight and delivery - also includes tea umbrellas 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER PO Number Page 9147656 2of3 This number must appear on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price - 12month/ 1000 hour warranty Dept: Streets Deliver equipment and documents to: Streets Vine Drive Shop 625 Ninth Street Fort Collins, CO 80524 Contact: Greg R. or Don Meyer ph# 970-221-6613 " Please call 24 hours prior to delivery " shop hours 7:30am to 3:30pm 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.00m Total $654,879.00 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 3 of 3 1. COMMERCIALDETAILS. Tax exemptions. By statute the City of Port Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000589 is registered vilh the Collema r of Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be serorned to you for credit and are act to be replaced except upon tempt of wonen rtsstmctimss From the City affair Collins. Inspection. GOODS am subject to the City effort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response an this order can result in authorized payment on the part of the City of Fan Collins. However, it is to be understood that PENAL ACCEPTANCE is dependent upon completion of all applicable hadred inspection procedures. Freight Teens. Shipments must he F.O.B., City of Fell Collins, 700 Wood St., Tort Collins, CO 80522, unless otherwise specified on this maker. Upe mission is given to prepay freight and charge separately, the original freight bill must arcorrrpony invoice. Additond shmgcs for packing will not be, accepted. Shipment Distance. Where manufinumm s have distributing points in various pans of the country, shipment is expected from the nearest distribufrcn point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sale cost all necessary permits, certificates it licenses required by all applicable laws, regulations, ordinances and mlet or the state, municipality, territory or political subdivismar where the work is performed, or required by any other duly conatirted public authority having jurisdiction over the work of vendor. Seller further agrees m hold the City of Fort Collins harrand. f and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to be terms and conditions stated herein at fond and any supplementary or eddilioaal corms and conditions annexed hereto or incoryommd herein by reference. Any additional ar different terms and anddions proposed by seller are objected to and hereby jeered. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you caner nuke complete shipment to arrive on your promised delivery data as noted. Time is of the ,scare. Delivery and performance must be effected within the time stated on the purchase under and the documents attached harem, No acts of the Purchasers including, without limitation, accephmce of panaal late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding be Seller liable for damage. However, the Seller shall not be liable for damages as a mull of delays due to eaccum not reasonably foreseeable which ate beyond its reasonable control and without its fault of negligence, such acts of Gal, arts ofeivil or military authorities, pro mmenml priorities, But strikes, Rood, epidemic, wars at riots provided but notice of be conditions c durq, such delay 6 given to the Purchaser within five (5) days of the time when the Seller first musical knowledge thereof. In be event of any such delay, the date of delivery shall be extended for be periW squat m the law Wall, lust by reason afbe delay. 3. WARRANTY. The Seller wromm s that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples maker other descriptions given, will ho fit for be purpasa intended, and performed with be highest degree of rare and competence in acurdance with acupted standards for work of a similar name. The Seller agrees to hold the purchaser harmlaca from any loss, damage at expense which the Purchaser may suffer or incur on arcount of t1m Sellers breach of warren y. The Sever shall replace, report or make good, without cast to the pumhaseq any defects or faults rising within one (H year or within such longer period of time as may Ise prescribed by law or by be terns of any applicable warranty provided by be Seller aver the date of aceplance of the good famished hereunder (acceptance not tu be unreasonably delayed), ruulling from ampaf t or detective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages pmximately caused by be breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss ofacw. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes m legal rams by women change ardor. 5. CHANGES IN COMMERCIAL TERMS. 'the Purchaser may make cry changes to the lemrs, other than legal tunes, including additions to or eletions from the quantities originally ordered in the specifications or drawings, by verbal or writen change order. If any such change affects the amount due car be time of performance here moda. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by writers change oMer, temtivte this summer as to any or all portiom of fl, goods then not shipped, subject to any equitable adjustment between the pates as to soy work or materials then in progress provided that the Purchaser shot[ not be liable for any claims for anticipated profits an the uncompleted portion of be goods dodger work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stuck. No such lamination shall relieve the Purchaser or the Seller ofany oftheir obligations as to any good delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must ho asserted within thiry (30) days form be date be change or termination is widened. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which He goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulation required to be incorporated fir agreements of this character am hereby incorporated herein by this reference. The Seller agrees m indemnify, and hold the Pmchaser families from all costs and damages suffered by be Purchaser as a result of be Sellers (alum, m comply with such law. 9. ASSIGNMENT. Neither party shall assign, transRq or convey this order, or any mormn due or to become due hereunder without the prior written consent ofthe other party. 10. TITLE. The Seller warrants full, clear slid unrestricted title to the Purchaser for all equipment, materials, and items funlshed in pmfom ddce of But agreement fide and clear of any and all liters, rommations, reurvatiors, security interest mcumb come end claims of others. 11. NONWAIVER. Enforce of the Purchaser te insist upon strict performance of the more unit candid... hereof, failure or delay to any rights or maladies provided herein or by law, failure to promptly notify, the Seller in the event of a breach, be acceptance of or payment for goads hereunder or approval offs, design, shall nut release the Seller of my of the wmraaties or obligations, of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon sWct performance homfor any of its rights at remedies as to any such goads, regardless of whm shipped, received at accepted, as many prior or subsequent default hereunder, nor shall my parponed cost modif tion m retaliation of this purchase order by the Puchaser operate as a waiver of any of the tenor hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations art in fact home by the Purchase, Theretofore, rfotgood cause and as consideration for executing this purchase order, the Seller hereby assagas to the Purchaser any end all claims it may now have or hertaner so,imed under federal or stem antitrust lax, for such overcharge, relating to the Tripled. good or services purchased or docu ant by the Purchaser pursumtto this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming or defective good by a dam to be agreed upon by the Purchaser and the Seller, and the Seller thermfter indicates its inability or unwillingness to comply. the Purchaser may cause the work to be performed by the mast expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser unit its contractors of any der form all liability and claims of any norm, resulting form be performance orsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, aMo. and employees of such parry. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be petfomted by the Purchaser. 14. PATENTS. Wbarver the Seller is required to use any design, device, material or peacess covered by letter, patent fo demalk ar copyright, be Seller shall indemnify and save harmless be Pamhazer from may and all claims for infringement by reaon of the use of such patmmd design, device, comerial or process in connection with be contract, and shall indemnify the Purchaser for any cost, experse or damage which it may he obliged to pay by reason of such in inagamem at any time during the prosecution or after the completion of the work. In case said equipment, or any part thereof or the intended use of the good, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and a1 its option, either procure 1'or the Purchaser the right to continue using said equipment or pilots, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfHnging. 15. INSOLVENCY. If the Seller shall become insolvent or Fandango, make an assignment for be benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions often¢ used or the interpretation of the agreement and the rights of all parties hereunder shall be onstmed under and govemed by be laws afbe State ofColamdo, USA. The following Additional Conditions apply only in cases where be Seller is to perform work hereunder, including be services ofSali. Re,evern tative(s), on the premises f.b., 17. SELLERS RESPONSIBILITY. The Seller shall carry, on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work maker materials before Sellers fast completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment sere famished by others for installation or ,region by the Seller, be Seller shall receive, unload, store said handle same at be site and become responaible therefor as bough such materials maker equipment were being furnished by the Seller under be oMer. I S. INSURANCE. The Seller shall, at his own expense, provide for be payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase extra, mccor 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 general liability including, but not limited to, continual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, S500,000 for any e accident and property damage limit per accident of 6400,000. The Seller shall likewise require his contractors, Harry, to provide for such compemation and insurance. Before any of be Sellers er has commostors employees shall do my work upon be premises ofordems, be Seller shall f ish the Purchaser with a c utiftrate that such compensation and imuemme have been provided Such mnificates shall specify be date when such compendium slid insurance have been provided. Such c m ificates shall specify the date when such compensation and insurance expires. The Seiler agrees that such compensation and insurance shall be maintained until net the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the retire responsibility and liability fir any and all damage, lass or injury ofnny kind or nature whatsoever to persons or property caused by or resulting form the exemlion ofbc work provided for in this purchase under or in connection herewith. The Seller will indemnfy and hold hmmleas be Purcbaser and any or all of the Purchasers elects, agents mad employees f and against any end all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which be Purchaser may be put or subject by mason of any act, action, neglect, omission or default on be pm of be Seller, any of his contractors, or any of the Satires or contractors officers, agents m employees. In case any suit or other Proceedings shall be brought against the Purchaser, or its often, agents or employees at any time on account or by reason of any net, action, neglect, omission or default of the Seller of any of his contimeturs or coy of its or their i fcers, agents or employers as aforesaid, be Seller hereby ogre¢ to assume be debase thereof and to defend the more a[ be Sellers awn asperse, to pay any and ell ands, charge, attan rys foes and other expenses, any and all judgments that may be incurred by or obmincd against the Purchase, or my of its or their afcers, agents or employees in such suits or other proceedings, and in case judgment or other lam be placed upon m obtained against the proprrty of the Purchaser, on said panics in or as a resell ofsuch suits or other proceedings, be Seller will at once come the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall rake all safety precautions, furnish and install all guards necessary for be prevention of accidents, comply with all laws and regulations with "and m safety including, but without limitation, the Occupation] Safety slid Health Act of 1990 and all mles and regulations issued pursuant thereto. Revised 07I2014