HomeMy WebLinkAbout111402 POWER EQUIPMENT COMPANY - PURCHASE ORDER - 9150394PO
PURCHASE ORDER 915039er Page
City. of PURCHASE
394 1012
' `tCollins( his number must appear
�.I " 1 1 on all invoices, packing
sli s and labels.
Date: 01/15/2015
Vendor: 111402
POWER EQUIPMENT COMPANY
PO BOX 28
DENVER CO 80201-0028
Ship To: STREETS DEPARTMENT
CITY OF FORT COLLINS
625 NINTH STREET
FORT COLLINS CO 80524
Delivery Date: 01/15/2015 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 PER QUOTE D412174469
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
6,005.55
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. COMMERCIALDETAILS.
Tax exemptions. By statute the City of Pon Collins is exempt from state and local taxes. Our Exemption Number is
11. NONWAIVER,
98-04502. Federal Excise Tax Exemption Cedifcem of Registry 84-6000587 is registered with the Collector of
Failure of the Purchaser to insist upon stria performance of the terms and conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref Colorado Revised Scatter, 1973, Chapter 39-26, 114 (a}
exercise any rights or remedies provided herein or by law, failure to promptly notify he Seller in the event of a
breach, the acceptance ofor payment for goods hereuder or approval ofthe design, shall not release the Seller of
Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to def as of
any of the warranties or obligations of this purchase order and shall Out be deemed a waiver of any right of the
damage in transit, may be remora to you for credit and are out to be orphaned except upon receipt of wines,
purchaser m most upon saran performance hetefm any of its rights or manages as as any such goods, regardless
instructions from slim Ciry of Fort Collins.
of when shipper, received or accepts, as to any prior or subsequent default hereunder, nor shall any purported
oral modification m scission of Nis purchase order by he Purthuer operate as a waiver of any of the terms
Inspection. GOODS ere mbjen to be City of Fon Collins inspection on arrival.
hessaf.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order an result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of he City of Too Collins. However, it is to be understood that FINAL
Seller and the Purchaser recognize that in actual examine prmeice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion of al I applicable required inspection procedures.
violations are in fact bore by the purchaser. Theretofore. for good cause and as consideration far executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Tema.. Shipments must be, F.O.B., City of port Collins, yW Wood St., Fan Collins, CO 80522, unless
acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services
esherwise specified on this order. Ifperm¢sion is given m groway freight and charge sepauMy, the migital feighr
purchased or acquimed by the Purchaser pursuant to this purelas, order.
bill must...., im'oics. Additioeal clarew for packing will far be accepts.
Shipment Distance. Where manufactarers have distributions points in various pas of he country, shipment is
expected from the seas, distribution point to dissociation, and excess fright will be, dawned from Invoice when
shipments are made from greater distance.
Permits. Seller shall procure ar sellers sole cost WI necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and rules ofthe state, municipality, territory or political subdivision where
the work is perfom od, compared by any other duly constituted public authority havingymadiction over the work
of vendor. Sella fuller agrees to hold the City of Tons Collins hornless from and against all liability and loss
enured by them by rwson of an assured or established violation of any such laws, regulations, ordinances, mles
and requirements.
Ai shmiratlon. AIL prams Ira this contract spot, Bar the representatives are in fact, bona fide ant possess full and
complete authority to bind said parries.
LIMITATION OF TERMS. This Terminate Order expressly limits terminate to m the terms and conditions stated
herein set ford and any supplementary Or additional terns and conditions annexed herein or incorporated herein by
reference. Any additional or dilrerent moms and conditions proposed by seller am objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyau cament make complete shipment o arrive on your
promised delivery dam as ar ml- Time is of th, ,seance. Delivery ant performance muss be effected within the time
suss m the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance of partial lace deliveries, shall operate as a waives affix provision. In the went of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing 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 arc beyond its reasonable control and without its fault of negligence,
such aces of Gas, acts of civil or military authorities, governments] priorities, fires, strikes, Bond, epidemics, wan or
riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller fin received knowledge thers In the nears of say such delay, the date of delivery shall be
,wended for the peril equal m the dine schally lost by oramn ofthe delay.
3. WARRANTY.
The Seller wamnts that all goods, articles, materials and work covered by this order will conform wish amiable
drawings, specifications, samples and/or other descriptions given, will be fat for be purposes intents, and
performed wish the highest degree of care and competence in accordance with accepted standards for Oak of a
'milar estate. The Seller sprees Ira hold the purchaser hatmle. from any loss, damage or expense which ,he
Purchaser may suffer or incur on account of the Sellers breach of warmnty. The Seller shall replace, repair ar snake
good, without cast to the purchaser, coy defects or faults arising within one (I) year or within such longer period of
time as, may be, prescribed by law or by the terms of my applicable warranty provide by the Seller after the date of
accepuace of be goods bandstand hereunder, (acceptance not to he uvtawnably delays), staling from impart t
or defective work one or material f ishs by he Seller. Acceptance a use of goods by the Pumbmer shall mar
cocetimm a waiver ofany cure under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to WI damages pximmely eased by she breach of any of the Common, minowne,
or gaam arms, but such liability shall in no event include loss ofprofts 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 rem, by wrinen change Order.
S. CHANGES IN COMMERCIAL TERMS.
The Pa raWa, may make any changes to sh, tame, other tan legal team, including malsions to at deletions from
the qualities originally ordered in the s weificatioa, or drawings, by verbal or wrinen change order. If any such
change affects the ..am due or she time mfperfurmance hereunder, an equitable Wjmtment sbill by made.
6. TERMINATIONS.
The Purchaser may at any time by writers change coder, temainam his agreement as to any or all panimns of the
goods then act shipped, subject to any equitable adjustment between the pries m many work or materials then in
progress provided that he Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
Portion office good andor work, for incidental or comequendal damages, and that rw such adjustment be made in
favor of the Seller with specs many goods which art the Sellers standard stock. No such mono wlicn shall relieve
the Purchaser or the Seller ofany oftheir obligations ns as my good delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be assured within thirty (30) days from the date the change or termination is
ordered.
8. COMPLIANCE WIl'H LAW.
The Seller worrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable law and swidnimm f which the goods a2 subject. The Sell,, shall execute ant
deliver such documents as may be aeqwred rV effect or evidence compliame. An Iatas and regulations; reconst to be
incorporated la agreements of his character am hereby incorporated herein by this reference. The Seller epees as
indemnify and hold the Purchaser harmless from all costs and damages suffers by he Purchaser as a salt of the
Sellers failure to comply wish such law.
9. ASSIGNMENT.
Neither parry shall cosign, transfer, or convey this order, or any monies due or to become due hereunder without he
prior written consent of the other parry.
10, TITLE.
The Seller wammtsfit, clear and uurasficted title to the Francs for all equipmem, materials, tub items f ished
I. projecaressixe of Nis ag,emmt, fee and clear of my and all liens, companies. tsmatiom, security incest
encumbrances and claims ofothenz
13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser dufcts he Seller in coma nonconforming or defective goods by a date to be append upon by the
Purchaser and flue Seller, and he Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may cause the work to he performed by the most expeditious means available to it, and the Seller shall pay all
cos, associated with such work.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of my nature
resulting from the performance of such work.
This release shall apply eren in the event of fault of negligence of the party released and shall extend to the
directors, officm aW employees mfsmh parry.
The Sellers contmectual obligations, including waranty, shall Out be dams to be, reduced, in any way, because
such work is performer or caased,o be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material err process covered by lark, potent, trademark
r copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of the use of such patented design, device material or process in connection with the contract, ant
shall indemnify the Purchaser for my cast, expense or damage which it may be obliged to pay by reason of such
InGingernmt at any time during the pres¢ution or afar he completion of the work. In case said equipment, or
any pa^ theorof a the intended use of he goods, is as such suit held to conscious, infringement and he use of
said equipment or pan is enjoined, the Seller shall, in its own eapme and sr its optim, either promme for the
Purchaser the eight to continue using said equipment or pans, replace the some with substantially equal but
noninGnging equipment, or modify it an it becomes noninGnging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for he benefit of creditors, appoint a
receiver or trustee for any of the Sellersproperty or besswecs, this order may forthwith be canceled by the
Purchaser without liability.
W GOVERNING LAW.
The defnitioru armors used a due interpretation ofthe agreemms and the rights of all parim hereunder shall W
corswed under and generated by the laws ofthe Some of Colorado, USA.
The following Additional Conditions apply only in where the Seller is to perform work hereunder,
including the services of Sellers Representmive(s), onthecases
premises ofethers.
Il. SELLERS RESPONSIBILITY.
The Seller shall any, an said work at Sell,/. awn risk until the sane is fully completed and accepted, and shall,
in ease of my assmar, destruction a injury to the work moor materials beam, Seller's Beal completion and
acceptance, complete the work al Sellers own expeme and to the satisfaction of he Pu.chons" When materials
and equipmcm a, furnished by others for installation or station by the Sella, the Seller shall receive, forced,
store and handle smrc at the site end became responsible Netfor m though such materials anNor equipment
were being fifirrishal by the Seller under the order.
i& INSURANCE.
The Seller shall, as his own expense, provide for the payment mworkers compematon, including occupational
disease benefits, or, its employees employs on or W connection wish the work covered by this purchase Order,
aWior to their deferments in accordance with the law of the more in which he work ism be done. The Seller
shall alma carry, campthesesive general liability including. but owl limited to, a nnuma d ant automobile public
liability imumncc wish bodily inlury and death ludis of at least 5300,000 for any one mina, , S500,000 for any
one accident ant property, damage limit per accident of S40(ftill The Seller shall hkewise, acquit his
cantrectuq if any. to provide for such communication and insurance. Before any ofthe Sellers or his contractors
employees shall do any work upon the premises of other,, she Seller shall f mish the Purchaser with a cer, ificare
that such compensation and insurance have been provided. Such cmifinmes shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and neufence expires. The Seller agrees that such compensation and insurance shall be mmintaina until after the
income work is completed and accepts.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby aavuma he entire responsibility ant liability for any ant all damage, lass or injury of my load
r mint wheraman m persam or proay aimed by or resulting tram the execution ofthe work provided for in
this purchase order or in comeerion herewith. The Seller will indemnify and bold harmless the Purchaser and any
or all of the Purchmers effects, agents and employees Tom and against any and ail claims, lasses, darnages,
charges or expenses, whether direct or indirect, and whether to persom M property to which the Purchaser may
be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his
contractors, or any of he Sellers or contractors officers, agents or employees. In cas, any suit or other
proceedings shall h brough, agaimt the Purchaser, or its officers, agents or employees at tiny time on acmmt of
by reason of any net, action, neglect, omission or default of the Seller of my of his contractors or any of its or
shear officers. agents or employees m ablea nd, the Seller hereby agrees 0 assume he defense thesecf and to
defend the sane in the Sellers own expense, to pay any and all costs, charges, arameys fees and other expenses,
my ant till judgments hat may be incurred by or obtains agaimr the Purchaser or any of its or bar affairs,
agents or employees in such suits or other proceedings, and in case judgeren, or other Iim be placed upon or
obtained against the property of the Purchasers, or said parties in or as a result of such suits or other proceedings,
he Seller will at once came the same to be dissolved and discharged by giving band a osherwise. The Seller ar d
his contractors shall take all safety precautions, famish and install all guard necessary for the prevention of
accidents, comply wish all laws and regulations wish regard m safety including, but Without limitation, the
Occupational Safety and Health Act of 1920 ant all roles and O gulatiom issued pursuant hereto.
Revised 07/2014