Loading...
HomeMy WebLinkAbout102606 4 RIVERS EQUIPMENT LLC - PURCHASE ORDER - 3215286Fort Collins Date: 01/13/2015 PURCHASE ORDER Vendor: 102606 4 RIVERS EQUIPMENT LLC 1100 E CHEYENNE RD COLORADO SPRINGS CO 80905 PO Number Page 3215286 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 Buyer: 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 i 2015 Blanket Order Utilities - equipment rental 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:purchasingQfcgov.com 1 LOT LS 100,000.00 Total 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. COMMERCIALDETAILS. Tare exemptions. By statute the City of Fan Collins is exempt from scale and local taxes. Our Exemption Number is 98-0,1502. Federal Excise Tax Exemption Cenifate of Registry 84-60o0587 is registered with rare Colledwr of Memel Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). Good Rejected. GOODS REJECTED due to failure 0 meet specifications, tither whm shipped or due to defects of carnage in transit may he retuned to you for credit and are cot to be replaced except upon receipt of written instruction from the City of Fon Collins. Brspesmin. GOODS are subject to the City ofFort Collins i yeanum on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in amhodud payment on the pan of the City of Fan Collins. However, it is to be andemood that FINAL ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. Freight Terms. Shipments must be F.0 B., City of Fan Collins, 7W Wood St, Fan Collin, CO 90522, unless otherwise specified on this order. If permission is given to prepay freight and change separately, the original freight bil I must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in vanon pans of the country, shipment is expected from the newest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall percent at sellers sole cost all necessary permits, conferees and licenses required by all applicable laws, regulations, ordinances and mia of the state, municipality, remmry or political subdivision where the work is performed, or required by my other duly communed public authonry having jurisdiction over the work of vendor Seller former agrees to hold 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 any such laws, regulations, ordinances, index and fit remene r Authariaarion. All parties to this contract agree that the representatives are, in fact, bona f tr and possess full and complete authonry to bind said parties. LIMITATION OF TERMS, This Purchase Order expressly [ionic acceptance to the terms and conditions stated herein set forth and any supplementary or additions[ terms and condition annexed hereto or incorporated herein by reference. Any additional or diRermnemcs and condition proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you armor make complete shipment to arrive an your promised delivery tine as noted. Time is of the essence. Delivery and performance must be effected within the time srazed on the purchase order and else documents attached hereon. No acts of the PwHraurs including, without limitation, acceptance of partial Ire dervenes, shall enema as a waiver of this provision. In the event army delay, the Purchaser shall have, in addition to other legal and equitable remedies, diacritics orphaning this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are bryond its reasonable control and without its fault of negligence, such acts of God, aces of civil or military authorities, govemmnea el prionties, firs, strikes. Hood epidemics, warsor hots provided that notice of the conditions causing such delay is given to the Purchaser within fve (5) days of the tame when the Seller first received knowledge thermr In the event of my such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples md/or 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 nature. The Seller agrees to hold the purchaser harmless from my lass, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of waranty. The Seller shall replace, repair or make good, without cost to the purchaser, my 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 data of acceptance of the goods famished hereunder (acceptance not an be unreasonably delayed), resulting room imperfect or defective work done or maredals furnished by the Seller. Acceptance or use of good by the Pue domer shall not nsumte a waiver of my claim under this waranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warrmtia or guarantees, bra such liability shall in no event include loss of profits 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 tens by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any clung. in the mums, other rhare legal wrans. unchob, eddiuons to or detefions from the quantities originally ordered in the specifications or elmorm , by verbal or wdnen change order. If my such change aft the amount due or the time of performance hereunder, an equitable adjtmmem shad[ he made. 6. TERMINATIONS. The Purchaser may at my time by vennen charge order, terminate this agreement as to my or all portions of the goods then not shipped, srd crt to my equitable adjusmtmt between the panics as to my work or materials then in progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted pomon of the goods =Nor work, for incidental or mosequenwal damages, and that no such adjustment be made in favor of the Seller with respect m any .it, which are the Sellers standard stock. No such term nation 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 owned within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and fumished in strict compliance with ill applicable laws and regulations to which the goad are subject The Seller shall execute and deliver such documents as may be required to eRect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all cons and damages suf find by the Purchaser as a result of line Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convry this order, or any mortis due or to become due hereunder .,he. the prior wrinm consent of the other Fury. 10. TITLE. The Seller warrants full, clear and unrarnced tide to the Purchaser for edl equipment materials, and harm fumished in pedermance of this agrnmmt Gee and clear of my and all dims, re suctions, reservations, security interest rncumbrance and claims of others. 11. NONWAIVER. Fw1um of the Purchaser main upon %net pertormmu of the terms and conscience hereof, failure or delay as emmum any rights or remedies provided herein or by law, failure to pmmpdy notify the Seller in the evens of is breach the acceptance of or payment for good hereunder or approval ofthe design, shall not release the Seller of any of the vanamia or obligations of this purchase order and shall not be deemed is waiver of any right of the purchase to main upon strier performance hainfor any of its rights or remedies as many such good, regardless of when shipped, received or accepter ss to my prior or subsequent default hereunder, nor shall any peuported oral modification or rescission of this pwchau dealer by the Purchaser operate as a waver of my of the temrs hereof 12. ASSIGN:. NT OF AN71MUST CLAIMS. Seller and the purchaser recognize then in actual economic practice, overcharges reasoning from antitrust violations are in fan bome by the Purchaser. Therefore, for good cause and as consideration for exxuting this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter acquired under federal or state nttust laws for such overcharges reining to the particular good or services purchased or acquired by the Pwchaur pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall relase the Purchaser and its restrain. of any tier from all liability and claims of my nature resulting from the performance of such work. This release shall apply even in the event of fault of negiigence of the party released and shall extend to the directors, officers and employees of such parry. The Sellees connacmal obligation, including warmly, shall not be deemed to be reduced, in my way, because such work is performed or caned to be rerfoemed by the Purchaser. 14. PATENTS. Whrnever the Seller required en use any deign, device, mueriil or process md by lento DnmL trodermrk or copyright, the Sellerershall indenutiy and save harness the Purchaser from myy and all Balms for infringement by reason ofniche raceofsuch pazmted deign, dedee, mourned or process in connection with the contract and shill indemnify the man during for any con, expensea damage which it maybe obliged ro pas by re sip of such my pan o any time umber the proses Won or after the completion of the work. fir use said and did cot or my Dan thermf or the ineorded use he the good, is in such suit held to cnnniture infringement enter and the use of e said equipment or part is enjoined, the Seller shall, nt its own expense and at its option, enter procure for the Purchaser the right nc continue ring silo equipment or puts, replace the same with substantially egtW but noninGnging equipmrnt or modify it so it become mninPonging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for my of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERMNG LAW The definitions of terms used or the mani retwour of the agreement and the rights of all parties hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, Including the services of Sellers Representative(s). on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carryon said work a Sellers own risk until the same is fully completed and accepmd and shall, in case of my accident, deem usen or injury w the work anNor materials before Seller's final completion and acceptance, complete the work at Seller's own expmu and to the satisfaction of the Purchaser. When mwenals and equipment are fumished by others for installation or erection by the Seller, the Seller shill receive, railroad. were and handle same n the site and became impossible therefor . though such ordered, mNor equipment were being furnished by rise Seller under the order. 19 INSURANCE, The Seller shall, at his own expense, provide for the Payment of workers compensaumry including occupational disease benefes, to its nnplgms employed on or in connection with the mark covered by this purchase order, mcDor to their depmdmts in accordance with the laws of the stare in which the work is to be done. The Seller shill Man wry rempreheaive general liability including, bun not limited to, conuarred and amen iie public liability inmaence with bodily injury and death limits of at least $300.00o for any one person. S500,000 for any arm accident and prnperm damage limit per accident of S400,000. The Seller shall likewise evquire his conerearmn. if any, in provide for such compensation and insurance. Before my of the Sellers or his mnracmrs employees shall do env work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compernation and insursaince have been provided. Such certificates shall specify the date mhnt such compensation and insurance have ben pranded. Such cenifiata shill specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall b, maintained until after the entire work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the crown, responsibility and liability for my and all damage, loss or injury of any kind or nature 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 evil indemnify and hold harmless the Purchaser and my or all of the Purchasers officers, agents and employees from and Moral my and all claims, losses, damages, changes or expenses, whether direct or indirect, and whether to permits or property to which due Purchaser may Is, put or subject by reason of my net, action, neglect omission or default on the pan of the Seller, any of his ontractom. or my of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against the Purchaser, or its officers, agora or employees at my time on arrested or by reason of my act anion, neglect, omission or default of the Seller of my of his contractors or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assmne the defense thereof and to defend the same an the Sellers own expense, to pay my and all costs, charges, anomrys fees and other expenses, my and ill judgments drat may be incurred by or obtained Maim the Purchaser or my of its or their officers, agents or employee in such suits or other proceedings, and in case judgment or other lim he placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings. the Seller will in once cause the same he be dissolved and discharged by giving band or otherwise. The Seller and his courracein shall take all safety praautions, frtmish and instal all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to surgery includin& but without lifi eaion, the Occupational Safety and Health Air of 1970 and all colas and regulation issued pursuant thereon. Revised OM014