HomeMy WebLinkAbout171679 SUNSTATE EQUIPMENT CO - PURCHASE ORDER - 9150251Fort Collins
Date: 01/13/2015
Vendor: 171679
SUNSTATE EQUIPMENT CO
PO BOX 52581
PHOENIX AZ 85072-2581
L1�13�:LF�KARA Az
I
PO Number Page
9150251 1012
This number must appear
on all invoices, packing
slips and labels.
Ship To: FACILITIES DIVISION
CITY OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS CO 80521
Delivery Date: 01/13/2015 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Blanket Order
Misc. Rental Equipment
cover the cost of miscellaneous rental equipment
for fiscal year 2015. All rentals shall be made
upon request of City Facilities department only.
All completed rentals must be accompanied by
an invoice or job ticket including contact person
and site location.
This purchase order is for the procurement of goods
and/or services, as needed during the current
fiscal year. Dollar amounts specified are estimates
and not a promise to purchase any minimum amount
of goods and/or services.
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
. r1r 1r
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. COMMERC1ALDETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt form auto and local tarn. Our Exemption Number is
11. NON WAIVER.
98-04502. Fedm1 Excise Tax Exemptim Conflicts of Registry 84.6000587 is regiund with f, Collector of
Failure ofthe Purchaser to insist upon strict performance office terms and conditions hereof, failure or delay to
Infected Revenue, Deaver, Colorado (Ref Colorado Revised Sacra VOTE, Chapter 39-26,114 (a).
exercise any rights or remedies provided bereiv or by law, failure to pmmptly notify the Seller in the event of a
breach, the acceptauc of., payment fur goods hereunder or approval ofthe design, shall rat release the Sella of
Goods Rejected. GOODS REJECTED due to failure to mM specifications, either who shipped or due to defects of
any of the xwsanties or obligations of this purchase mal and shall wit he deemed a waiver of my right of the
damage in transit, may he rearmed to you for credit and arc not to be replaced except upon receipt of written
Purchaser to insist upon strict performance hermfor any of its rights or remedies of to any such goods, regardless
instructions From the City of Fm Collins.
of wh. shipped, received or acceptor, no m any prior or so Examinant default hacunda, nor shall my puryoracd
oat modification or rescission oFthi, purchase Order by the Purchaser apaatc as it waiver of any of the terms
Inspection. GOODS arc subject to the City ofFort Collins inspection on arival.
hereof.
Final Acceptance. Receipt of the merehandiu, smices ar equipment in response to Nis order can rasa], in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL
Seller and the Purchaser resorri a that in actual forminfic pactlee, overcharges resulting from antitrust
ACCEPTANCE is dependent.,, completion of all applicable required inspection procedures.
violations arc in fact home by the Purchaser. Therttofors nfor good cause and as consideration for executing this
purchase order. the Seller hereby assigns to the Purchaser any and all claims it may now haw or hereafter
Freight Tenors. Shipments must be F.O.B., City of Fail Collins, 700 Wood St., Fon Collins, CO 80522, unless
acquired under federal or .to antitrust laws for such overcharges relating to the tentacular goods or services
otherwise specified on this order, If permission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant to this purchase order.
bill most accompany invoice. Additioal charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing Points in various pans of the country, shipment h
I f the Purchaser direcm the Seller to contact nonconforming or defective goods by a date to be agreed upon by the
expected from the nearest distribution point to classification, and excess freight will M deluded Bum Invoice when
Purchaser and the Sella, and the Sella themafler indicates its inability of unwillingness to comply, the Purchaser
shipments are made fmm greater distance.
may cause the work to he performed by the most expeditious meere available to it, and life Sella shall pay all
costs arsaeiard with such work.
permits. Seller shall procure at sellers sale cost all na., .its, anificates sad licenses raluired by all
applicable lawn, regulmiom, oNimnees and rules of the star, municipality, arriary or political subdivision where
the work is performed, or required by my other duty constituted public authority emongjurisNetion ova the work
of vendor. Seller further agrees to bold the City of Fan Collins harmless from and against all liability and loss
incurred by them by reason of an asserted or established violation of my such Taus, regulations, minorities, rules
and rewirern ies.
Authorization. All parties to this contact agree that the repreaenmtives are, in fact, bona fide and possess full and
complete authority in bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the firms and mndomm smtd
herein act forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different terms and conditions proposed by seller are objected to and hereby affected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to active on your
promised delivery date as noted. Time is of the essence Delivery and performance must be effected within the time
stated on the purchase order and the documents attached hereto. No nets of the Purchow, including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver miles provision. In the event ofawy delay,
the Purchaser shall hare, in addition in other legal ad equitable readies, the option of placing this older elsewhere
and bidding the Seller liable for damages. However, the Sella well Out he liable for damages as a result of delays
due to causes na neasombly foreseeable which art beyond its reaacnabla control and without its tool, .fee digence,
such as ofG W, nets of civil Or military authorities, gmac mental priorities, fins, strikes, Bond, epidemic, was or
riots provided that homes of the conditions causing such delay is given to the Purchaser within five (5) days of me
time what the Sella first received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for the peed equal to the time actually loot by reason of the delay.
3. WARRANTY,
The Seller warrants that all goods, articles, mmerials and work covered by th s order will card with applicable
drawings, specifications, samples and/or other descriptions given, will he fit for the purposes infmdd, and
performed with the highest degree of are and competence in accordance with accepted standards for work of a
imilar metre. The Seller agrees to hold the pumhaun harmless from any loss, damage or expense which the
Purchaser may suffer or incur oa account of the Sella, breach i f waaanty. The Seller shall replace, repair or make
good, without as, the purchaser, any defects nor faults raising within one (1) year or within such longer period of
time as may be prescribed by law or by the terms of any applicable warmmy provided by the Seller fiber the date of
acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from impartial
or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall nun
consulate a waiver of any claim under this warranty. Except as otherwise provided in this pumhase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warcuum,
or guaamees, but such liability shall in no event include loss of porits or loss 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 terms by waittm change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purolator may make any changes to the tenors, other than legal teens, including additions to or deletiom from
the muniftess originally ordered in the norifiecomans or drawings, by verbal or ownm change order. If any such
change affects the amount due or the time ofperformance hereunda, an equitable mdjustmM shall be made.
6. TERMINATIONS.
The Purchaser may at any time by women change order. terminate this agreement ss to any or all portions of the
goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in
progress provided thus the Purchaser shall nor be liable for my claims fur anticipated proNs oa the uncompleted
portion of the goods mdlm work, for incidental or consequential damages, and 'hat no such admomem be made in
favor (it the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller of any oftheir obligations as to any giwds delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thirty (30) days from the date the change or lamination is
ordered.
8. COMPLIANCE WITH LAW.
The Sella wwwwa that all goods sold hereunder shall have been produced, sold, delivered and fiunished in strict
compliance wit all applicable laws and regtion.. to which the goods are subject. The Sella shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws artd regulations required to he
incorponmd in agreements of this character are hereby incorporated herein by this reference. The Sella agrees to
indemnify and held the Puchasa harmless from all ass and damages suffered by the Purchase as is result of the
Sell. failurm to mmpty with such law.
9. ASSIGNMENT.
Neither party shall assign, monster, in convey this order, or any monies due or to become due hereunder without the
prior written consent ofthe other pony.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished
in performance of this agreement, free and clear of any and all liens, restrictions, reservations, severity interest
encumbrances and claims of others.
The Sella shall o lease the Purchaser road its contactors of any tia farm all liability and claims of any ream
unwhing from the performance fsuch work.
This release shall apply even in the event of fault of negligance of the parry released sail shall extend to the
directors, officers eM employees ofsuch party.
The Sellers contractual obligations, including warranty, shall not b, deemed to be reduced, in any way, because
such work is performed or caused to be, perforated by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark
r copyright, the Seller shall indemnify and save hmmlees the Purchaser from any and ell claims for infringement
by reason of the use of such parented design, device, material or process in connection with the council, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the Emaciation or after the completion of the work. In case said equipment, or
my pan thereof or the intended fete of the goods, is in such suit held to constitute infringement and the use of
said e,tupmein or pan is enjoined, the Sella shall. at its own expense and at its option, either Fortune for the
Purchaser the night to continue using said equipment or pans, rectum, the mine with substantially equal but
noninMnging equipment, or modify it an it becomes mnlnffinging.
15. INSOLVENCY.
If the Sella shall become beach eat or baMlupt, make On assignment for the benefit of tra iaan. appoint a
faciver or tresta, for my of rise Sellers property or business, this order may forthwith he canceled by the
Purchaser without Iici iliry.
16. GOVERNING LAW.
The definitions affairs; used or the interyreation ofthe agreement and the rights of all parties herewda shall be
construed under and governed by the laws ofthe State ofColomda, USA.
The following Additional Conditions apply only in taus where the Sella is to perform work hereunder,
including the services FSall. Repreaenm'iv,D), on the premises afothen.
17. SELLERS RESPONSIBILITY.
The Seller shall any an said work at Sellers own risk and the same is fully completed and weepted, and shall,
in e of any accident, destruction or injury he the work wall materials before Sidleis total completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When maerials
and equipment we furnished by others for installation or erection by the Sella, the Seller shall receive, unload,
stare and handle same at the site and become responsible thamine in though such materials and/or equipment
were being punished by the Sella under the order.
18. INSURANCE.
The Sella shall, el his own expense, provide for the payment of workers cumpensarion, including oecup boml
disease benefits, to its employees employed on or in fomation with the work covered by this Purchase order.
.We, to their dependmts in..name with the lax. of the state in which the work is In be dome. The Sella
shall also can, comprehensive Reseal liability including. but not limited to, contractual and automobile public
liability insurance wino bodily injury and death limits of et boot S100.Wo far any one person, Swo," Tor any
one .,ideal and property damage limit per accident of 5400,000. The Seller shall likewise require his
contractors, if any, to provide for such compensation mad ins e. Before my of the Sellers or his formactons
employees shall do any work upon the premises of others, the Sella shall fttmW the Purchaser with a certificate
that such compensation and inewo nce have ban provided. Such certificates shall specify the date when such
ompetuation and insurance have been provided. Such cmiicates shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and imurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and Iiabiloy for my and all damage, loss or injury of any kind
or nature whamover to persons or property caused by or resulting from the execution ofthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
or all of the Purchasers officers, agents and employees from and again my wall all claims, losses, damages,
charges or expenses, whether direct or indirver. and whether m permits or property to which the Purchaser may
the put or subject by reason of any act, action, neglect, omission or default m the pan of the Sella, my of his
commemrs, or any of the Sellers or contractors officers, agents or employed. In case my wit Or other
prcifixt shall be brough, against the Purchaser, or its afftcers, agena or employees al any doe an ..at or
by reason of any ail, action, neglect, omission or defauh of the Sella of any of his contractors or any of its or
their officers, agents or employees as aforesaid, life Sella hereby agrees to assume the defense thereof and to
defend the tame at red Sellers own expeme, to pay any, and all costs, charges, ahmmeya fees and other expenses,
any and all judgments flat may be waroM by or ubtainal against the Purchaser or any of its on, thew officers.
agents or employees in such suits or other proceedings, and in case judgment or other lim be placed upon or
obtained against the property of the Purchaser, or said parties in or es a result of such suits or other proceedings,
the Seller will m once cause the name to he dissolved and discharged by giving boor or otherwise. The Sella and
his contrracmrs shall rake all safety praandms, famish and iramll all guards necessary for the previous. of
accidents, comply with all laws and regulations wit regard m safety including, bur without tradition, the
Occupational Safety and Health Act of 1970 and all rules and regulations issued pursumt therem.
Revised 07R014