HomeMy WebLinkAbout512876 LEGACY EQUIPMENT - PURCHASE ORDER - 9150430Fort Collins
Date: 01/16/2015
Vendor: 512876
LEGACY EQUIPMENT
1220 S LEGACY VIEW ST
PO BOX 27755
SALT LAKE CITY UT 84127
PURCHASE ORDER
PO Number Page
9150430 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: OPERATIONS SERVICES
CITY OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS CO 80521
Delivery Date: 01/16/2015 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Blanket order
To cover the cost of misc snow
plow parts for fiscal year2015.
All orders to be placed by City Parts/Shop
Personnel and delivered order should be
accompanied by a packing slip or invoice.
This purchase order is for the procurement
of goods and/or services, as needed during
the current fiscal year. Dollar amounts
specified are estimates and not a promise
to purchase any minimum amount of goods
P14
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:pumhasing@fogov.00m
1 LOT LS
12,000.00
Total $12,000.00
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
1. COMMERCIAL DETAILS.
Tax examiners. By statute the City of Fort Collins is exempt from seam and 1oea1 nixes. One Exemption Number is
I I. NONWAIVER.
98404502. Federal Excise Tax Exemption Cerlificde of Registry 84-6000587 a registered with the Collector of
Failure of the Purchaser to insist upaa strict pabhorrence of Ne terms and conditions hereof, failure or ddsy to
join.[ Revenue, Denver, Colorado Bet. Colorado Revised Smmtes 1973, Chapter 39-26, 114 prq.
axe wiser any rights or remedies provided bertm or by law, failure to promptly notify, the Seller in the event of a
hooch, the samptanee of or payment for good having or approval ofthe design, shall not relmse else Seiler of
Good Rcjednj. GOODS REIECfED due to failure m men apecifcarions, either when shipped or due m defects of
any of the warranties or obligations of this purchase older aM shall fond be, deemed a waiver of my night of the
danwge in transit may be monied to you for credit and arc not to be replaced except upon mtiqu of written
purchaser m insist upon smet pwficonanm hereof or any of its rights or mnnnjles as to any such goods, regardless
instmn cr s from the City of Fort Collins.
of when shipped, received or accepted, or to any prior or subsequent default hereunder, nor shall my puryorted
oral modification or rescission of this purchave order by hie Purchaser operate as a waiver or any of the tenses
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in
12. ASSIGNMENT Or ANTITRUST CLAIMS.
withorized payment on the pan of the City of Two Collins. However, it is to be understand that FINAL
n
Seller and the Purchaser recognize that in weal economic practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon rompletionofall applicable required iresspectimprocedums.
violations are in fact home by the Purchaser. Theretofore, for good cause and as considenorm for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Teems. Shipments most be RO.B., Ciry of Fort Collins, 200 Wood St, Fort Collins, CO 80522, unless
acquired under federal or state antitrust laws for such ove shvga relating to the particular goods of services
otherwise sperifed on this order. If permission is given in ptepay freight and charge upati the orgirm freight
purchased or acquired by the Purehzste pursuanuo this purchase order.
bill most accompany invoice. Additional charges for lucking will rot be, temporal.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacNrers have distributing Points in various pans of the country, shipment is
Ifthe PorcM1aar dimes the Seller to correct noneva( ing or defective good by a date to be agreed upon by the
expected fixing the nearest distribution point to destination, anj excess freight will her deducted from Invoice what
Purchaser and she Seller, arm the Seller thercaRer indicates its notably «unwillingness m comply, the Purchaser
shipments art made from greater distance,
may muse the work to be performnj by the most expeditious mews available to it, aed the Seller shall pay all
costs muciated will, such work.
Pennim. Seiler shall procure at sellers sole cost all necessary pennies, certificates and limnses required by all
applicable laws, regulations, ordinances and miss of the state, municipality, twounry or political subdivision where
the work is performed, or required by any other duly constituted public authority havingjmiss iction over the work
of vaidor. Seller further agrees to hold hie City of ran Collins harmless from and against all liability and loss
trimmed by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules
and requirements.
Authorization All parties to this contract agree that the representatives are, in fact, bona fide and meta. full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits werptzere to the terms and conditions sited
herein set forth and coy smoro many a additional mrtna and conditions amexed hereto or incorporated herein by
reference. Any additional or different terms aM conditions proposed by seller are objected to and hereby njmtm,
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot nuke complete shipment to wive on your
promised delivery dam u waled. Time is of the essence. Delivery and performance most be effected within the time
stated on the purchase order and the documcnes attached hcreta. No acts of the Purchasers including, without
limitalim, aeceptance ofpartel late deliveries, shall apemen As it waiver of this lownsion. in the event ofany delay,
the Purchaser shall have, in addition to other legal am 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 ins reasonable contml and without its fault of negligence,
such acts of God, aces air,,,[ or military authorities, governmental pro ities, fires, song Raul, epidemics, won or
riots provided that notice of the conditions causing such delay is given to the Puindwa within five (5) days of the
time when the Seller first received knowledge thercob. 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 ofthe delay.
3. WARRANTY.
The Seiler warrants that all good, asides, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and
performed will, she highest degree of care and intolerance in accordance with accepted standard for work of a
similar nature. The Seller agrees to hold the purchaar faemleu frown any loss, damage a expense which hie
Purchute may suffer or incur on acrnuat of the Sellers breach of warcomi The Seller shall replace, repair or make
goad, wilhour cost to rise purchase, any defects or holes wising within one (1) rear or within such longer period of
time as may be, prescribed by law m by the terms of my applicable wmrenry provided by Nc Seller after the date of
acceptance of the goods famished hereunder (acceptance net so l e unreasonably delayed), resulting from imperfect
of defective work done or materials fiunished by the Seller. Acceptance or use of good by dre Purchaser shall not
onstiwe a waiver of my claim under Nis warranty. Except u otherwise provided in this purcha , order, the Sellers
liability hereunder shall extend on al I damages proximately caused by the breach of any of the foregoing warmneies
or guammees. but such liability shall in no event include loss ofproNs or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser cony make c6angu m legal tennis by written change aNer.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make my changes to the terms, other than legal is=, including additions to or delmions from
the quantities originally ordered in the specifications or dmwmgs, by verbal a written change arch. If any such
change affects the mount due or the time of per( once heremder, an equitable adjustment shall be made.
&TERMINATIONS.
The Purchaser may at any rime by wines change order, terminate this agreenrent an to any a all portions of the
goods then or shipped, subject to my equitable adjustment between the panics as an any wmrk or memnimis Ncn in
progress provided Nat the Purchaser shall not be liable for any claims for anticipated prefix on the uncompleted
Portion of the gums amdaor work, for incidental or consequential damages, and that on such adjustment be made in
favor of the Seller with moral to coy goad which art fee Sellers interlard stock. No such lamination shall relieve
the Purchaser or the Seller ofany of their obligations u m any good delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim far adjustment at be warned within thirty (30) days from the dale the change or lemrietinn is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all good sold hereunder shall have ban produced, sold, delivered and burnished in strict
compliance with all applicable laws and regulations to which the goad are subject The Seller shall exmure and
deliver such documents u may be required to eR t or evidence compliance. All hens and regulations required to be
eorpamted in agreements of Nis character are hereby incorporated herein by this reference. The Seller allows to
indemnify and hold the Purchaser haemlesz firming all met and damages suffered by Ne Purchaser u a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, mandate, or convey this order, or any movies due or to become due hereunder without the
prim... romcut of the other party.
if. TITLE.
The Seller warrants full, clew and un mmused title to the Purchaser for all equipment, contends, and items fumished
in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims fother,
The Seller shall release the Purchaser and its contractors of coy tin fmm all liability and claims of any nature
resulting from the performance fsuch work.
This release shall apply even in the event of fault of negligence of the parry mimed and shall extend to the
circus.., mincers and employes of such may.
The Seller's contractual obligations, including warranty, shall not be deemed to be injured, in any way, became
such work is gramm ed or caused to be Performed by the Purchaser.
14. PATENTS.
Whenever the Seller is remind to give any design, derim, material or process covered by Ienen panerrt. trademark
r copyright, the Seiler shall indemnify and save harmless the Purchaser from coy and all claims for infringement
by reason of the use of such Ntmmil design, device, material or process in con aw ion with fie aneraer, am
shall indemnify the Purchaser for coy cost, expense or damage which it may be obliged to pay by reason fsuch
infringement at any time during the pmsecuuoa or alone rise completion of the work. In can, said nrylpmmt, or
any pan therm( or the intended use of she good. is is such suit held to constimtc infringement and the use of
said equipment or pan is enjoined, she Seller shall, at its own expense aM at its option, either mr etpe for the
Purchaser the right to continue wing said equipment or pans, replace the same with mbsmntially alml but
canalboat equipment, or modify it so it become noninfnnging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment fir the benefit of creditors, appoint a
reverver err trustee for any of the Sellers property or business, this aNer may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions oftemed used or the interpretation of the agreement and the nights of all ponies hereunder shall be
cowed trader and governed by the laws of the Stem of Colomdo, USA.
The following Additional Conditions apply Only in where the Sella is to perform murk hereunder,
including the serviersof Sellers Repmsenative(s), on the premises Ofothers.
12. SELLERS RESPONSIBILITY.
The Seller shall miry on aid work at Sellers own risk until he same is fully wmplesed and accepted, and shall,
in case of any accident, destruction or injury to He work and/or matenaB before Sellars final completion and
wceprmce, mmplde hie work at Sellers own expense am to the satisfaction of arc purchure. When materials
and equipment are fumishnj by when for installation or erection by the Seller, me Seller shall receive, unload
store and handle same at the site and become responsible therefor as though such maenads and/or equipment
were being ConisM1M by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including omuparional
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
mdmr to their dependab in accordance with she laws of the stale in which the work is W be done. The Sella
shall also cart, comprehensive gmeml liability, including, but not limited to, contractual and automobile public
liability imurence with CWily injury and death limits of M least $300,000 Ins any one peso, S500.000 for any
one accident and property damage limit per accident of SUIT". The Seller shall likewise require his
conarichors, if any, to Provide for such compensation aM insee. Before any of the Sellers or has
employees shall do coy work upon hie premium of others, the Seller shall fumish the Purchaser weird a reniftrst e
Nat such compensation and imumnce have been provided Such certificates :bail specify for, date when such
rompew4on aM commence have been provided. Such c fiiftmres shall i ccify hie date when such oramproundfing
aed insurance expire. The Seller agree, than such comprnswom and imumnce shell be maintained and after hie
entire work is completed atd occepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, lass a injury fany kind
r nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchour and my
r all of the Purchasers oilcan, agents and employees fmm 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 put or subject by reason of my act, action, neglect, omission or default on the purr of the Seller, any of his
contractors, or my of case Sellers or contractors offers, agents or employees. In case any suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees M my time on account or
by resection of my act, action, neglect, omission or default of tire Seller of my of his com ictors or my of its or
their officers, agents or employees u abortion, the Seller hereby agrees to assuma the, defense th w'A' and to
defend the same at the Sellers own expense, m pay nay and all costs, clusters, atloeemya fees and other expenses,
my am all judgme ni that may be incurred by or obtained against the Purchaser or my of its or feu officers,
agents or employers in such suits or other proceedings, and a case judgment or other lien be placed upon or
obtained against hie property of the Purchaser, or said parties in or as a result of such suits or ofer proceedings,
the Selltt will at once muse flee same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety pmaautiorts, fiunish and invicall all guards necessary, for the prevention of
accidenes, comply with all laws aM regulations with regard to safety including, but without limitatioq Ne
Occupational Safety aM Health Act of 1970 and all roles and regulations issued pursues Netno.
Revised 0212014