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HomeMy WebLinkAbout482528 BOBCAT OF THE ROCKIES - PURCHASE ORDER - 9147667Fort Collins Date: 12/29/2014 Vendor: 482528 BOBCAT OF THE ROCKIES PO BOX 844216 DALLAS TX 75284-4218 PURCHASE ORDER PO Number Page 9147667 1of2 This number must appear on all invoices, packing slips and labels. Ship To: FLEET SERVICES - MAIN SHOP CITY OF FORT COLLINS 835 WOOD ST FORT COLLINS CO 80521 Delivery Date: 12/29/2014 Buyer: DOUG CLAPP Note: 2014E Lease Purchase Line Description Quantity UOM Unit Price Extended Ordered Price 1 2010 Holder 992 Tractor 2 2014 accessories accessories: - 55" Snowblower - $19,000.00 - 61" Folding V-Plow - $7,035.00 -.50 Spreader and includes freight - $5 155.00 3 Two month rent applied ref. quote date 10/1/14 per Joe Domanik Streets 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.mm 1 LOT EA 1 LOT EA 1 LOT EA 71,000.00 31,190.00 190.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tennis and Conditions Page 2 of 2 1. COMMERCIALDETAILS. Tax exemption. By statute the City of Fort Collins as exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 s registered with me Collecmr of IntemW Revenue, Denver, Colorado (Ref. Colorado gev;ud generates 1923, Chapter 39 26,114 (a). Good Rejected. GOODS REJECTED due OF failure to men specification, either when shipped or due to defects of damage A transit my he renrned to you fun ocular and are not an be replaced except upon receipt of warren instructions from the City of Fort Collin. Inspection. GOODS we subject o the City of Fan Collin inspection on arrival. Final Acceptance. Receipt of the merchandise, services or y.i,.t in rencose to this order can result an sunburned payment oa the pan of the City of Fort Collin. However, n s an be understood door FINAL ACCEPTANCE is dependent upon completion of all applicable repaired inspection procedures. Freight Tenn. Shipments mot he F.O.B., City of Too Collin, 700 Wood St., Fan Collins, CO 80522, unless mflm- se specified oa his order. If pemissian is given to prepay frei dr, aM charge sryarerely, the migirml bright, bill meet accompany, invoice. Additional charges for Packing will net be incepted. Shipment Distance. Where manufacturers have dsvibming points in venous pans of the coumry, shipment is expected from the nearest distribution paint to destination, and excess freight will he deducted from Invoice when shipments are made from greater disance. Prnnim Seller shall pmcule at sellers sale coal OR necessary pcmtits, comifcata mad licenses rryvin N by all applicable laws, regulations, connotes and rules of the sine, municipality, territory or political subdivi ion where the wort: is performed, or raptured by any other duly comforted public auNonty having jurisdiction overt the work of vendor. Seller father agrees to hold the City of Fort Collins harmless from and against all fatality and Ins incurred by them by reason of an asserted or established violation of any such laws, regulations, ordannces, rules tart requirements. Authorization. All panties to this contract agree that the represenutives are, in fact, borm fide and possess full and complete authoary m band said parties. LIMITATION OF TERMS. This Porehau Order expressly limits acceptance W the narrow and condatian sand herein set PoM and any supplementary or additional terms and condition annexed heeto or inam swaved herein by reference. Any additional or different terms and condition proposed by seller are objected to and hereby mJeeted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to strive on your promised delivery dart as noted. Time is of the essence. Delivery and peaformmce, must be effected within the time stated o the purchase order and me donations admitted hereto. No acts of the Purchasers including, without limitatioa, severance ofpatial but delaveoa, shot] opera as a weaver of thus provision. In the event army delay, the Puchaser shall have, tin inflation to white legal and epmarble remNaes, We option of placing His order dsewMrc and holding the Seller Gable for damages. However, the Sella shall not be liable for damages as a result of delays due to causes not reasonably foraeable which are beyond its reasonable central and without as fault of negligence, taco acts of God, ads of civil or military nuahoriries, govemmenml pnoriaie%, fires, stokes, flood, epidemics, wars or riots provided that notice of the conditions cousin, such delay is given to the Patrician, within five (5) days of the tame who We Seller first received knowledge thereof In the event of my such delay, the dune of delivery shall be extended for the period equal to We time actually lost by rearm ofthe delay. 3. WARRANTY. The Seller wamau Out all good, articles, awreraals aM work covered by this order will real with applicable drawings, specification, temples andtor other description given, will be fit fm the purposes intended, and perfumed with the highest degree of cart and competence in incordaace with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warrmry. The Seller shall "Inc, repair or make good, without cast to the purchaser, any defects or faults arising within one (1) year or wdhin such longer paned of time as may be pPmanbed by law or by We tents of my applicable warearmy provided by the Seller after thc data of acceptance of the goods Promised hereunder (acceptance not to be inconsumably delayed), tainting from amperf t OF defective work done car mmerials fumohed by We Seller. Arrepnnce or use of good by the Porehater shall not constitute a waiver of any claim order this warranty. Except OF oWerwase provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include lass of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES M LEGAL TERMS. The P rchascr may retake changes OF legal torn by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Pombaser may make any changes to the terms, other than legal tams, including additions a or deletions from the quantities originally ordered an me specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperfomaance hereunder, an equitable adjustment shall be made. 6. TERMBNATIONS. The Puahaur may in any time by written change main, terminate mis moreover in to any or all pomlom of the goods than not shipped, Subject OF my stumble sdjusmaent hemostat the parties as W my work or materials than in progress provided float the Purchaser shall nor be battle for any claims for mticapated profits an the uncompleted potion office good andlor work, for incidental or cmaepuential damages, and Nat on such w1jusmmt be made in favor of the Seller with respect to any goods which art the Sellers standard stock. No such termination shall relieve the Purchaser m the Seller army of their obligmaon n to any goods delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assured within thmy (30) days from We date me change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants Jot all goods sold hereunder shall have been produced, sold, delivered and Famished an aria compliance with all applicable laws and regulation to which the goods are subject. The Seller shall execute and deliver such documenu as may be required to at el or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporators] herein by this reference. The Seller agrees to indemnify and hold the purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure f comply whir such law. 9. ASSIGNMENT. NeiWer pat, shall soup, confer, or convey this order, or any mania due or a become due hereunder without the prior waxen criminal ofthe other pmy. 10. TITLE. The Seller warrants full, clear and umatneted title Or dun Prancer for all equipment, nwteaab, and items fomishcd in performance of this agreement, free and clear of my and all lien, analogous, reservations, soc ary interest encumbrances and claims ofotlim, ILWONWAIVER. Failure of me Purchaser to insist upon strict performance of the leans and conditions hereof. failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, de accept. of or payment far goods hereunder or approval olds, design. shall not release the Seller of any of the warmria n abligatiom of Nis porchax order and shall Out be deemed a waiver of any right of We purchaser to insist upon saner performance hcreofor my of its rights or mara des as to my such good, Iegardlas of when shipped, received OF accepted as to my poor or subsequent default berearMet, Far shall my purpaned and modification or rescission of this purchase order by the Purchaser opeure as a waiver of any of the terms hcauf. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize Nun in actual economic pawice, overciumges resulting from antitrust vaolwares are in fact bome by me Franchisee, Theretofore, for goad cause Food ss conidemtion for executing this purchase order, the Seller bereby assign to the Purchaser my and all claims it may now have ec haamficr acquhnd wader federal or state antitrust laws far such oven'haBcs relating a the pammlur good or smica purchased er acquired by the Purchaser pursuant to Was purchase order. ❑. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchase, dimes she Seller to comer nonconforming or defective goods by a date in be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Forbear may rouse We work to be performed by the most expeditions mean available to it, and the Seller shall pay all casts ovemateal mesh such work. The Seller shall releom We purchaser and its mntr tors of any Ile, farm all liability and claims of any ntam resulting from the performance of such work. This release shall apply even in the event of fault of negligence of she party released and shall extend a the direnors, oRnrs and employees ofsech parry. The Seller's commercial obligations, including memory, shall not be demed to be reduced, in any way, because such work is Reaffirmed Or mused m be performed by Joe Pmcluur. 14. PATENTS. Whenever the Seller is marked muse my design, deice, mntedal or process covered by letter, paamL mzdemark or copyright, lie Seller shall indemnify and save harmless the Purchaser from my and all claims for inRmmusent by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for my cost, expense On damage which it may be obliged to pay, by reason of such infrangemmr at any time, during the prosecution or after We completion of the work. In case said equipment, or any pas thaof or the intended use of the goods, is in such suit held to contimte infringement and the we of said egWpmmt at pan is enjoined, We Seller shall, M cats own expense and at as option, cited procure for the Purdy er the right W commue mang said equipment in pans, replan the same with substantially octal but nova fireging equipment, or modify it so it becomes nonanfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or mmtee for any of the Sellers property, or business, this order may foMwith be roweled by the Purchaser without liabaliry. 16. GOVERNING LAW. The definitions oftertis used or We interpretation ofthe agreement stud the rights of all parties heleumne shall be construed under and govemnd by the laws of the Stan of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the service of Sellers Reprearrtative(r,), on We premise ofuthers. 17. SELLERS RESPONSIBILITY. The Selh shall carry on said work at Seller, awn reek until We same u f idly completed and accepted, and shall, ar oe of my accident, damnurom or injury to We work creditor materims before Sellers Brad completion and mceplmce, complete We woo in Sellers own expanc and to the wit sfrcum, of the Purchaser. Whin manuals and uluip rmat are famished by others for installation or erection by the Seller, We Seller shall Forms , wlrad, store and handle same at the site and became resport therefor as Waugh such materials ow/or euipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at bats own expense, provide for the payment of workers compensation, including occupational &xream henerm, OF its employees employed on or in connection with the work coveted by thus purchase order, aoudlor to Wear dependents in rcepance with fie lams of the state in which the work is no be doce. The Seller shall Wso mar, comprehensive general liability including, but not limited a, con outual and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one person, S500,000 for ony one accident and property damage limit per accident of $400.000. The Seller shall likewise require his ontmctors, many, to provide for such compensation and issuance. Before any oldie Sellers or his commems employees shall do any work upon the premises of other, the Seller shall furnish the Purchaser waW a certificate mat such compensetaon and amnrmne have been pmvided Such emifintes shall specify the date when such ompenation and inurmce have been provided Such certificates shall specify the dart when such compensation Ford ansurence expires. The Sella agrees that such compensation mM insurance mall be maintained until after the entire work is completed and accepted. 19. PROTEMON AGAMST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, lass or injury ofony kind r amfre whatsoever to person or property caused by or resulting from the execution of the work provided for to this purchase order OF in cumenaon herewith. The Seller will indemnify and hold his mleas the Purchaser and my r all of the Purchansfficers officers, ,a. and employees from end against my mud ail claimsses s, lo, damages, charges or expenses, whether direct ar indarem, rand whether to person or prommay to which tha Function: may be put or subject by raccom of any act action, neglect, omission or default on the part of the Seller, any of his contactors, or my of me Sellers or contactors of iews, agents of employes. In case any suit car older proceedings shall be brought against the Purchaser, or its ofiicars, agents m employees at any time on account or by remain of any Oct. action, neglect, omission or default of the Seller of any of his contraction or any of its or their officals, agents or employees n shamanist, the Seller hereby agrees to assume the defense Wereof and m defend We same at the Sellers own expense, Fe pay any and all casts, charges, wormrys fins and other expenses, my and all judgments that may be incurred by or obtained against 0n Purloiner or my of its or their officers, agents in employees in such suits or other pmcedbBs, and in case judgment or what lien be placed upon or obtained against the project of the Protectionist, or said parties in or as a read? of such suits or other proceedings, fe Seller will at one nun We same to be dissolved stud discharged by going bound n oWervire. The Sella and his co enton shell Woe all safety precaution, ftlmish and install all funds maticamory for the pm'enim of incidents, comply with all laws and regulation with regard to safety including, but wihout limimtaon, the Occupational Safety and Health Act of 1990 and all area and regulations issued purstaal thereto. Record 07n014