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HomeMy WebLinkAbout103834 BOYLE EQUIPMENT CO - PURCHASE ORDER - 3215281Fort Collins Date: 0111312016 PURCHASE ORDER Vendor: 103834 BOYLE EQUIPMENT CO 5770 E 77TH AVE COMMERCE CITY CO 80022-1044 PO Number Page 3215281 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/13/2015 Buver: DOUG CLAPP Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 1 2015 Blanket Order Water Utilities - equip. rent 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 25,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 ions Page 2 of 2 1. COMMERCIALDETAILS Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is II. NONWAIVER. 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 Statutes 1973, Chapter 3926, 114 (a). excrinse any tights or remedies pmeded herein or by law, failure to promptly notify the Seller in the event of a breach, me acceptance of or payment for goods hereunder or Vpmvd afire design, shall not release the Seller of Goods Rejected. GOODS REIECTED due to failure to meet specifications, either when shipped or due m defects of any of the waranties or obligations of this purchase order and shall not be deemed a waver of any night of me damage in transit. may be rmumed to you for credit and are not m he replaced except upon receipt of wnnen purchaser m insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless insinuations fmm the City of Fort Collins. of when shipped, received or accepted as to any prior or subsequent default hereunder, nor shall any purchased oral awdification or rescission of this purchase order by the Purchaser operate as, a waiver of any of the mena Inspection GOODS are subject in the City effort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUSTCLAIMS. enhanced payment on the pan of the City of Fort Collins. However, in is m be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from whirt ACCEPTANCE is dependent upon completion of all applicable required inspection procedures, violations are in fact home by the Purchase¢ e Thmebre, for good cause and as consideration far executing this purchase order, the Seller hereby assigns to ire Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fors Collins.'100 Wood St, Fort Calling, CO 80522, unless acquired under federal or state antitrust laws for such overcharges retiring to the Particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the onginal freight purchased or acquired by the Purchaser pursuant o this purchase order. bill most accompany inwite. Additional charges for packing will not be accepted. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have disaibudng paints in various pans of the cowtry, shipment is If the Purchaser diners the Seller to correct nonconforming or defective goods by a date m be agreed upon by the expected fmm the nearest distribution point to des nsimen, and excess freight will be deducted fmm Invoice when Purchaser and the Seller, and the Seller theoretic refugees in inability or unwillingness a comply, me Purchaser shipments are made from greater distance may, cause the work co be performed by the most expeditious means evelable de it, and the Seller shall pay all corsets associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, cenifiewm and licenses required by all applicable laws, regulations, or6oancse and cola of the sate, municipality, territory or political subdivision whim, The Seller shall release the Purehuer and its cootracters of any her from all liability and clams of any rupee the work is performed, or required by my other duly constituted public su hodry having jurisdiction over the work resulting from the performance of such work, of vendor. Seller Lumber will to hold the City of Pan Collins harmless man and against ill liability and loss incurred by them by reason of an assented or established vitiation of my such laws, regulations, ordinances, rules This release shall apply even in the event of fault of negligence of the parry released and shall extend to the and heroin menu. directors, officers and employees of suer parry. Auterm airm, All patties to this convam .pre that the represmtae s. are, in fact bona fide and possess full and complete suthorine to bind said patties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set truth and my supplementary or additional I.me and conditions rumm ed herein or incorporated herein by reference. Any additional or diflee nuerms and conditions proposed by seller are objecred to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you ...not make complete shipment to arrive an your promised delivery doe as noted. Time is of the essence. Delivery and performance must be effected within the time suued on the purchase order and the documents marked hereto. No was of the Purchasers including, without limitation,a.Wedto ofparties late deliver., shall operate as a waver ofthis mersen. In the event fany delay, the Purchaser shall have, in addition to other legal and aluile,le remedies, the option of placing this order elsewhere and holding ire Seller liable for damages. However, the Seller shall not be liable for dammes as a result of delays due m causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military walwrities, govemmmul pparties, fires, strikes, Rood epidemics. wars or nots provided that notice of the conditions wining such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the even of my such delay, the date of delivery shall be excmded for ire pound equal a the time actually Ion by reason of me delay. 3. WARRANTY. The Seller warrants chat all goods. articles, materials and work covered by this order will cunfomn with applicable drawings specifications, samples anther other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in wee dunce with accepted standards for work of a imilar nano.. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on interim of the Sellers breach of warmry. The Seller shall replace, repair or make goad without cost to the purchaser, my defects or faults ansing within one H ) year or within such longer period of time as may be presented by law or by the terms of my applicable wanmry provided by the Seller after the date of acceptance of the goods burnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials nourished by the Seller. Acceptance or use of goods by the Purchaser shall not consulate a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability bartender shall extend to all damages proximately caused by the breach of my of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILICY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by within change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the terms. other than legal terms, including additions to or deleciom from the quantities originally ordered in the specifications or dmwings, by verbal or written change order, If my such change affects the amount due or the time of performance hereunder, an equitable adjustment shill be made. 6. TERMINATIONS. The Purchweir may at any time by winner change mdeq terminate this strosinuen as to any or all punsof te h goods then not shipped, subject to any equitable adjustment between the parties as to my work or materials then in progress provided than the Purchaser shall not 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 of the Seller with respect to my goods which we the Sellers standard stack. No such termination shall relieve the Purchaser or the Seller of my of their obligations as to my goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (Jo) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller waning; that all goods sold hereunder shill have been produced, sold, delivered and furnished in stint compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required he effect or evidence compliance. All laws and regulations required m be ncoryormal in agreements of this character are hereby incorporated herein by this reference. The Seller educes to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as, a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, trmsfer, or convey this order, or my monies due or be become due hereunder without the True wane , comem of the other perry. 10. TITLE. The Seller warrants full, clear and unrestricted tide m the Purchaser for all equipment, mammals, and items furnished in performance of this agraemant free and clear of my and all liens, restrictions, reservations, security interest mcmnbrmws and claims of others. The Sellels contractual obligations, including warreary, shall not be deemed to be reduced in my way, because such work is performed or caused co be perfomued by the Purchaser. 14 PATENTS. Whenever the Seller is required to use any design, device, nwenal or process covered by leper, Patent trademark r copyright the Seller shall indemnify and save hanuless the Purchaser from my and all claims for infnngemmt by reason of the use of such parented design, device, .69 or process in cormerlion with the contract, and shall indemnify the Punhascr for my one, expense or damage relish it may be obliged to pay by moms of such infringement at my time during the prosecution or after the completion of the work N came said equipment, or my pan thereof or the intended use of the goods, is in such suit held to ..or infringement and the use of said equipment or pan is enjoined, the Seller shall, ar its own expense and the its option, either procure for the Purchaser the night m continue using said equipment ce pain, replace me same with substantially equal but moninGtnging equipment or modify it or it becomes nounfi ngng. 15. INSOLVENCY. If the Seller shall become insolvent or bmkrupt make an assignment for the bmefit of shemars, appoint a receiver or trustee for any of the Sellers property or business, this this order may Edinburghwl be caned by the Purchaser without liability. 16, GOVERNING LAW. The definitions of corms used or the interpretation of the agreement and the rights of all parties hereunder shall be consvued under and governed by the laws of rho Stare of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the senses of Sellers Representatively, on the premises of others. IZ SELLERS RESPONSIBILITY. The Seller shall carry on said work st Seller own risk un61 the same is fully omplemd and accepted, and shall, in case of my accident, destruction or injury to the work torpor materials before Seller That completion and acceptance. complete the work at Sellers own expense and m the satisfaction of the Purchaser. When materials and equipment are fumished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same ar the site and become responsible therefor as though such nntenals author equipment were being furnished by the Seller ender the order. 18. INSURANCE. The Seller shall, at his own expense, provide for me payment of workers compensation, including occupational discus benefits, to its employees employed on or in connection with the work covered by this purchase order, mdbr 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, commetuai and automobile public liability manners .vnh bodily rotor, and death limits of at least $300,000 for any one person, E500,0a0 for any one accident and prepery damage limit per accident of W00,000. The Seller shall likewise require his contractors, if my, to provide for such compensation and insurance. Before my of ire Sellers or his convectors employees shall do my work upon the premises of others, the Seller shall famish the Purchaser with a certificate Nat such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurmce have been provided. Such comficams shall specify the date when such compensation and Insurance expires. The Seller agrees that such compensation and insurmce shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Set ler hereby assumes rue entire responsibility and liability for my and all damage, loss or may of my kind or more whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my or all of the Purchasers officers, agent/ and employees fmm and against my and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of my act, action, neglect omission or default on the pan of the Seller, my of his contractors, or my of the Sellers or convectors oB'mers, agents or employees. To case my suit or other proceedings shall be brought against the Purchwwr or its officers, agents or employees at my time an account or by reason of my act action, neglect, omission or default of the Seller of my of his contractors or my of its or their officers, agents, or employees m aforesaid, Be Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, m pay my and all w;ro, charges, moneys fees and other expenses, my and ill judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be, placed upon or obtained against the property of the Purchaer, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precauderns, furnish and install all guards necessary for the provender of accidents, comply with all laws and regulations wick regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereon. Raised 07=4