HomeMy WebLinkAbout102606 4 RIVERS EQUIPMENT - PURCHASE ORDER - 9150275Fort Collins
Date: 0111312015
PURCHASE ORDER
Vendor: 102606
4 RIVERS EQUIPMENT LLC
1100 E CHEYENNE RD
COLORADO SPRINGS CO 80905
PO Number Page
9150275 1of2
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: 01/13/2015 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 3-1323477
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
6,300.00
Total $6,300.00
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 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
I I. NON WAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smluta 1973, Chapter 39-26, 114 (a).
exercise any rights or remedies provided herein or by lax', failure to promptly notify the Seller in the even of s
breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to L ilum to meet specifications, either when shipped ar due ro defets of
any of the watanties or obligations of this pmchaw, order and shall not be deemed a waiver orally right of the
damage in ..it, may be remmed to you for credit and ere not to be replaced except upon rttall, of written
Purchaser no insist upon writer perfomann hereof or any of its nglns a ¢media, as to any such good, mgwdlese
aswcdons from be City of Fan Collins.
of wbm shipped, received Or warned, as to any prior or subsequent default hereunder, nor shall any purported
and modificanom or rescission of this purchase order by the Purchaser operate as a waiver Of any of the tenth
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival.
hector.
Final Arreptance. Receipt of the memhanEw. services or equipment in mapome to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS,
wademixed payment on the pan of the City of Fort Collins. However, it is to be understood Nat FINAL
Seller aad Ne Parcbaser recognize that in actual n is practice, oae,chages vaulting floor --Iron'
ACCEPTANCEis depandertuponcompletioaofall applicable requital inspection procedures.
violations are in fact home by the Purtha,er. Theretofore nforr good cause and m consideration for executing this
proluse order, the Sella hereby assign to the Purchaser any and all claims it may row Nava or hereafter
Freight Terms. Shipments most he F.O.B., City of Pan Collins, 700 Wood St., Fort Collins, CO 80522, unless
acquired under federal or state antitrust laws for such overcharges relating to toe prnicular goods or services
otherwise specified on this order. If permission is film to prepay freight and charge separately, the original freight
purchased in acquired by the Purchaser Pursuant to Nis Porch^re order.
bill most accompany invoice. Additional charges for packing will not be somptd.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. When manufacturers have derahming points in actions ports of she country, shipment is
Ifthe Purchaser directs the Seller to cancer nonconforming or defective goods by is datem be, agreed upon by elm
expected fmm the nearest distribution point to dnetiontion, and excess freight will be deducted from Invoice when
Purchaser and the Seller, and the Seller thereafter indicates its inability a unwillingness m comply, the Purchaser
shipments art made floor grater distance.
may cane the work ro be performed by the most expeditious mews recrobble m it, read the Seller shall Pay all
cans acwcimed with such work.
Permits. Seller shall procure at sellers sole cost all am., remains, rertificmes and hectors required] by all
applicable laws, regulations. Oman. it cola of the some, municipality. far., or political surahms m wise¢
file work is performed, or required by any other duly cnrimmd public authority havingjmmudiction over the work
of vender. Sella (umber, agrns to hold the City of Fon Collins harmless from and against all liability oral loss
incurred by them by reason of. asserted or established violation of any such laws, regulation, ordinances, roles
ad Comm nes...
Autmnzarom, All panic to this contract agree that the mprtsenegiva arc, in fact. bona fide and possess full and
complete authority to bind said panic.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the team it conditions sound
herein set forth and any supplementary, or additional tonm and conditions annexed hereto or incorTaided herein by
reference. Any additional or different tams and condition pmpred by seller are Objected m and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date m noted. Time is of the essence. Delivery and performance most be eRcaed within the lime
stated on the purchase order and the documents marched harem. No re. of the Poolrosers including, withom
limitation, acceptance of partial late delimnes, shall apwam Or a wawa of this provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable readies, the option of placing this other elsewhere
and holding the Seller liable for damages. However, the Seller shall nut be liable for damages us a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of God, acts ofcivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to the Purchmer within Live (5) days of the
time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for the period equal to the time actually lost by reason order delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, simples andor other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
similar name. The Seller agrees to hold the maximer hnrtnless from any loss, d mage or expense which the
Purchaser may suffer or incur on account of the Sellers breach ofwamnly. The Seller shall replace, repair or make
good, withou, coal o the purchase,, any defects or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of
acceptance of the goods frmishai hereunder (acceptance not to be umasonably delayed), resulting from unilateral
or defective work done or materials furnished by the Seller. Acceptance or use of good by the Purchaser shall not
constitute a waiver ninny claim under this w.aromy. Except as otherwise provided in this pumhaw Omer, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach orally of the foregoing warranties
or guvantees, but such liability shall in no event include loss of profits or Ins of me. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal tams by w ri en change older.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make nay changes to the terror, other than legal terms, including addition to or deldom from
me quantities originally Ordered in the specificatiom or drawings, by verbal or women change order. If any such
change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The pmchaer may at any time by women change order, laminas, this agreement m m any or sll portions of the
goods then not shipped, subject to any equitable adjusament between the parties as to any work or mmaials then in
progress provided that me Pmchsser shall not be liable for any claims for anticipated Profits on the uncompleted
portion of the good and/or work, for incidental or consequential damages, and that no such adjustment br made in
favor of the Seller with respect many good which we the Sellers standard stock. No such ¢dminafion at relieve
the Purchaser or the Sella ofany Oftheir obligations n to any goods delivered bereunder.
T. CLAIMS FOR ADJUSTMENT.
A, claim for adjustment mil be asserted within thirty (30) days floor the date the change or nomination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have Lacer produced, wild, delivered and fumishd in suict
compliance with all appliable laws and regulation to which the goods his subject. The Seller shall execute and
deliver such documents is may be required to effect or evidence compliance. All laws and mgularion combat to be
incorporated in agreements of this character an hereby incorporated herein by this Orientals. The Seller agms m
indemnify and hold the Purchaser harmless fmm all costs and damages suffeml by the Purchases n a result of the
Sellers frilme m comply with such law.
9. ASSIGNMENT.
Neither party shall assign, mandfia, or convey His olds, or any monies due or to became due hereunder without Life
prior writers common ofthe offer party.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, mammals, and items furnished
in perfmrn.ce of this agreemenl, free and clear of any and all liars. meat fictions, reservations, security interest
mcumbmnces and claims archers.
The Sella shall release the Purchaser and its contractors of my tier floor all liabiliry and claims of my.1.
resulting from the Performann of such work.
This release shall apply even in the runt of fault of negligence of the party releaal and shall extend to the
directors, officers and employees of such paddy.
The Sellers contractual obligations, including warranty, shall not be danced to tr rduced, in arty way, because
such work is performed or ..it to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is requited to use any design, device, natural or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purolator fmm any and all claims for infnagerment
by reason of the use Of such Patented design, device, material or process in connection with the contract. add
shall indemnify the Purchaser for any cost, expense a damage which it may be obliged to pay by sawn of each
of nummem at any time during the Formation or after fire completion of the work. In case said equipment, or
any pan thereof or the intended use Of the good, is in such suit held to constitute infringement and the use of
said equipment or pan is enjoined, the Sella shall, m its own expenw and at its option, either procure for the
Purchaser the right to continue using said equipment or pads, replan the same with substantially equal but
naninGnging equipment, or modify it so it becomes nuninfnnging.
15. INSOLVENCY.
If the Seller shall become insolvent or baNtmpt, make an assignment for the 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 orators used or the aterpre atian afthe agroment and the rights of all parties hereunder shall be
consumed under and governed by the laws Ofthe State ofColoado, USA.
The following Additional Condition apply only in rows where the Seller is to perform work hereunder,
including the services of Sellers Representariva(s), on the promises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk rand the same is fully completed and accepted, and shall,
in case of any accident, desm.fon of i jury to the work and/or materials before Seller's Final completion and
acceptance, complete the work at Sellers awn expense and to the satisfaction of the Purchaser. When materials
and equipment are finnabd by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials mural equipment
were being famished by the Sella under the oMe,.
IK INSURANCE.
The Seller shall, in his awn 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 accomance with the laws of Ne smm in which the work is to t e done. The Seller
shall also many comprehemlve general liability including. but not limited to, contractual and automobile public
liability insurance with b ahly injury and death limits of at least S300,000 for any one Person, 5560.000 for any
one accident and progeny damage limit Per accident of S400,000. The Sella shall likewise require his
otmmcrors, if any, to provide for such compensation ad inewareence. Before any ardor Sellers or his commcmrs
employes shall do any work upon the premiss of others, tad Sella shall furnish the Practical with a certificate
that such compensation and insurance have been provided. Such cer ifca ea shill specify, the date whoa such
ompemation and insurance have been provided. Such certificates shall specify the dam whan such compensation
and insurance expires. The Seller Names that such compaamtion and ittsururce shall be maintained until some the
entire work, is mmplered and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire ampansibility road liability far any and all dmagm, loss or injury ofany kid
namre whatsoever to person aproperty caused by Or resulting floor Nc a eratim of the work provided for in
this purchase order or us covraof.. herewith. The Seller will indemnify and hold hmmlres the Purchaser and any
or all of the Parehasax officers, agents and employees fmm and against any and all claims, losses, damages,
chugs or expenses, whether direct or indirect, and abater to person or property to which the Purcbser may
IN, put or subject by raven of my act, action, neglect, omission or default on the pan of d¢ Sella, any of his
contractors, or sty of the Sellers or contractors officers, spends; or employees. In case any suit or other
pmceedivgs stall is, brought against the Purchmer, or its officers, agents or employees at arty time on account or
by saran of my act, s crion, neglect, omission or default of the Seller of any of his contractors or any of its or
Nei, oMe,., ,at or employers as aforesaid. the Seller hereby agens to resume Ne defense thereof and to
defend the same at the Sellers own expense, m pay any and all costs, charges, attorneys fires and other expenses,
any and all judgments Nat may IN incurred by or obtained wout the Purchaser or any of its or Nei, mfcars,
agents or employees in such suits or other proceedings, and in mass judgmct or otlia lien be placed upon or
obtained against the progeny ofthe Purchaser, or said parties in or n a result of such allies or ollew proceedings,
rise Seller will at once cause the same to be dissolved and dischaged by giving bond or othmvise. The Seller and
his conuactors shall hake all safety prmaufion, f iah and inmll all guard necessary for the pinvention of
accident, comply with all laws and regulation with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rules and regulation issued pursuant Nerao.
Revised 0712014