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HomeMy WebLinkAbout102606 4 RIVERS EQUIPMENT LLC - PURCHASE ORDER - 3215343PO PURCHASE ORDER 321534er Page Ci'C)f of PURCHASE 3215343 ' °f 2 ' `t Collins This number must appear ` ` on all invoices, packing sli s and labels. Date: 01/14/2015 Vendor: 102606 4 RIVERS EQUIPMENT LLC 1100 E CHEYENNE RD COLORADO SPRINGS CO 80905 Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 01/14/2015 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price t 2015 MISC RENTALS 1 LOT LS 15,000.00 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 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 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 1. COMMERCIALDETAIIS. Tax exemption. By statute the City effort Collins is exempt from sae and Imal taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-WW587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and condition hereof, failure or delay to Internal Revenue, Drover, Colorado (Ref Colorado Revised Statutes 1973, Chapter 3986, 114 (a), exercise any rights or remedies provided retain or by law, failure to promptly andly the Seller in the event of a breach, the acceptance of or payment for goads hereunder or approval of the design, shall not release the Seller of Goods Rejected GOODS REJECTED due to failure to meet specifications, either when shipped or due re defects of any of the womendes or obligations of this purchase order and shall not be demd a waiver of any right of the damage in o-arecit, may be reumed to you for credit and are not to W replaced except upon rccair, of wntan purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless intrued..s fro the City of Fort Collins. of when shipped, received or accepted, as ao any prior or subsequent default hereunder, par shall any purported oral madifcation or rescission of this purchase order by the PumLuer operate as a waiver of any of rise terms Wisteria. GOODS are subject to the CRY ofFmt Collin inspection on smear. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in napome do this order ran it is U. ASSIGNMENT OF ANTITRUST CLAIMS. amhorixed Payment oa the Wm of the City of Fort Collins. However, it is to be understood dad FMAL Seller and the Purchaser rmognice quit in seenal economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable acquired inspection procedures, violation are in fact home by the Purchase,. Theretofore, for good cause and as considormion for contain, this purchase offer, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms Shipments must be F.O.B., City of pun Collin, 700 Wood St,, Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified an this offer. If permission is given on prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuaauo this purchase order. bill rant accomoanv invoice. Additional dances for packing will nod xaccented. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destitution, and excess fight will be deducted from Invoice when shipments are made from grater distance. Permits. Seller shall procure at sellers sure cost all necessary permits, cenifcatn and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where ,ha work is Performed, or required by any other duly instituted public authnny having jurisdiction over the work of vendor. Seller further 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, roles .rid fix,mormi Authoritarian. All panics to this contract agree that the representative, are, in fact, bona tide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance m f terms and condition sated herein set booth and any supplementary or additional terms and condition amexed harem or incorpomr al hared. by reference. Any additional or different Terms and conditions proposed by seller roe objected m it hereby rejected. 2. DELIVERY. PLEASE. ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your Promised delivery data as noted. Time is of ffe essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached harem. No acts of the Purchasers including, without limitation, acceptance orpar ial late deliveries, shall opcue as a waiver of this provisimu la the even of any delay, the Purchaser shall have, in addition to offer legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damage. However, the Seller shall not be, liable for damages ss a result of delays due to causes not reassembly foreseeable which are beyond its reasonable content and without as fault of inegligamce, such acts of God, acts ofcivil or military minorities, govemmmal paorifies, fires. stakes, Rood, epidemics, wars or cols provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller Fear received knowledge thereof. In the event of any such delay, the data of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants Out all goods, anicles, nationals and work covered by this order will conform with applicable drawings, specifications, samples and/or other description given, will he fit for the purposes Intended, and performed with the highest degree of are and mr atence in accordance with accepted standard for work of is similar nature. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which are Pumbaer may sutler., incur on account of the Sellers breach orwarmoty. The Sella, shall replace, repair or make Rated, without cost m the purchaser, any defer or faults arising within one (1) year or within such longer peried of time us may he presmbd by law or by the terms ofany applicable warranty provided by the Seller after are date of acceptance of fin, goods furnished hereunder (acceptance not to be maressambly delayed), resulting from imperfect or detective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchase, am[] at constitute a waiver crony claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximely caused by she breach of any or the foregoing warranties or guarantees, but such liability ahall in no event include loss of profits or less 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 teen by woman chnnge offer. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes an the terms, other than legal terms, including ddition to or deletions from the quantities originally ordered in the specitication or drawings. by verbal or written cleange order If any such change affects the amount due or the time ofperfommnce hereunder, an equitable adjustment shall be made. &TERMINATIONS. The Purchaser may at any time by written change order, a enimote this agreement as to any or all portions of the gaol then net shipped, subject to my equitable adjustment between the ponies a to any wok or materiak then in progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the uammplmed Portion of the goods andor work, for incidmul or imaquentfl damages, and that no such adjustment h made in favor of the Seller with career an any goods which are the Sellers nmdard stock. No such lamination shall relieve the Purchaser of the Seller ofmy oftheir obligation as to any good delivered hereunder. p. CLAIMS FOR ADJUST MENT. Any claim far adjustment must be ascend within thirty (30) days from the date the change or termination Is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants Oat all goods sold form der shall have been produced sold, delivered and famished in strict ompliance with all applicable laws and regulation to which the good ate subject. The Seller shall execute and deliver such docummts as may be required to effect or evidence compliance. All laws and regulation required In be incorporated in agreements of this character are hereby incorporated herein by this reference. The Sella agrees to indemnify and hold the Purchase hamdess tom all costs and damages suffered by the Purchaser a a result of am Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall m5ign, transfer, or convey this order, or any monies due or to became due hereunder without the Pan, ..'a consent ofthe mlerporty. 10. TITLE. The Seller waermu full, clear and unres.icad tide in the Purearevr for all equipment, materials, she items f amishd in perfomrmre of this agreement, free and clear of any and all liens, reasuictiom, reservation, aawty, inerman encumbrances ends claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. title Purchnm dancers are Seller 1. cancer nancavfotming or defivive goods by a doe an be agreed upon by the Purchaser and the Seller, and she Seller therm0er indicates iu inability or anwdlingness to comply, the Purchaser may cause the weak to be performed by are most expeditious mean available to it, rod the Seller shall tiny all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier tram all liability and claims of any nature resulting farm are per(ommance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Sclleds amarectuA obligation, including wormnty, shall nod be deemed to be reduced, in any way, because such work is performed or caused to be performed by are Purchaser. 14. PATENTS. Whenever roe Seller is equieal muse any design device, materml or process covered by leper, parent, trademark copyright, the Seller shall indemnify and save harmless the Purchaser, from any end ell claims far initingemem by reason of the use of such patented design, device, material or process in connection with the contract, 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 prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to institute infringement and the use of said equipment or part is enjoined, the Seller shall, of its own expense and at its option, either procure for the Freshener the right to continue using said equipment or Parts, replace the same with substantially equal but nmdnGnging equipmmt, m modify it wit becomes containing, , IS. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment For the benefit of creditors, appoint a or trustee far any of the Sellers property or business, this order may married s be canceled by the Purchaser without liability. 16. GOVERNING LAW. The defniaion of terms used or the interpretation of the agreement and the rights of all panics hereunder shall he conwed under and governed by the laws offfe Sure of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to pert work h ,.sues , including the services of Sellers Rey.fornve(s), on the premises i foffers. 17. SELLERS RESPONSIBILITY. The Seller shall carry oa said work A Sellds own risk until the came is fully mmpletd and accepted, and shall, in e of any accident dastmetion or injury to the work mNor materials before Sellds Final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When mar®ale and equipment are famished by others for insulation or erection by the Seller, the Seller shall receive, unload, stare and handle same at the site and became responsible therefor a though such materials and/or equipment were being fumishd by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expersse, provide for time payment of workers compensation, including occupational disease bfinefts, to its cmploytts employed on or in ..each. with the work mvared by this pucham ardor, anchor to their dependents in accordance with the laws of $a sa,a or which the work is to he done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability imuraaca with bodily injury and death limits of at taut S300000 for any one person, EA`gJIIq for any one accident and property damage limit per accident of 5400,000, The Seller shall likewise require his contractors, if any, to provide for such compensation and in e. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall Finnish the Purchaser with a certificate that such compensation and inanimate have been provided. Such certificates shall specify the date when such compensation and inumme have been provided. Such cenificates shall specify the date when such compensation and inumnce expires. The Seller agree Oat such compensation and insurance stall he maintained writ aftic the .it. wok is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury army kind or nature whouoever 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 any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be per or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or my of the Sellers or corporations effects, agents or employees. In core my suit or other proceedings shall he Investor against dare Purchaser, m its officers, egena or employees at any time on account or by reason of any act, it.., neglect, omission or default of the Seller of my of his contncrors or any of its or their officers, agents or employees a of said, the Seller hereby agrees 1. assume the defense thereof and to defend the same at the Sellers own cxperue, m pay any and all casts, charges, attorneys fees and other expenres, any and th all judgments at may be incurred by or obtained agninl the Purebaer or my of iu or Nair oRicers, 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 PumM1a t, or said panics in or as a result ofsuch suits or other Powediags, 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 precaution, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulation with regard to safety including, but without Roundup, the Occupo rmad Safety and Health Act of 1970 and all rules and regulation issued pursuant thereto. Revised 072014