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HomeMy WebLinkAbout102606 4 RIVERS EQUIPMENT LLC - PURCHASE ORDER - 9150731PO PURCHASE ORDER 9150731 Page CI'�f of PURCHASE 9150731 t of z F6r} Collins This number must packing ,�—J`-' ` ` on all invoices, packing sli s and labels. Date: 02/02/2015 Vendor: 102606 4 RIVERS EQUIPMENT LLC 1100 E CHEYENNE RD COLORADO SPRINGS CO 80905 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/30/2015 Buyer: DOUG CLAPP Note: ref. BID# 7636 Line Description Quantity UOM Unit Price Extended Ordered Price I MOTOR VEHICLES 2014 JOHN DEERE 160G EXCAVATOR ref. quote dated 1/12/15 Contact: Greg R. ph# 970-221-6236 maintenance manuals " 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 165,894.97 Total $165,894.97 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. Tax exemptions. By suture the City of Tom Collins is exempt from stale and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Candidate of Registry 84-600o58I is registered with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Surges 1923, Chapter 39-26, 114 (a). Goods Rejrded. GOODS REJECTED due to failure to meetSpecifications, either when shipped or due to defects of damage in raved, may be Mumed to you for credit and art not to be replaced except upon receipt of wainen instructions fmm the City offend Collins. Inspection. GOODS are subject to the City ofFort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order ern result in andunized payment on the pan of the City of Fon Collins. However, it ism be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection pmcedract Freight Tema. Shipments most be F.O.B., City of Fort Collins, 700 Wood SL, Fon Collins, CO 80522, micas otherwise specified on this order. Upermission is given to prepay frtighl and charge Salami She ongiral freight bill mast accompany imoicr. Additional charges for packing will rot be accepted. Shipment Distance. Where nunufacturrn have distributing points in vartons pans of me country, shipment is expected fmm the neari distribution point to destination, and excess fibeight will be deducted from Invoice when Shipments eR made from greater distance. Pemua. Seller shall protum in sellers sole cost nil moruory permits, wtificams. and lianas required by all applicable laws, regulations, ordinances and rates of Ne sta¢, munirooday, mmmry or political subdivision where the work is performed, or required by any other duly constituted public authority havingjuosdiction over the work of vendor. Seller further agrees to hold the City of Pon Collins harmless from and against all liability and loss incurred by them by reason of ea asserted or establislu l violation ofany such laws, regulations, ordinances, tales and refire ..is Authorization. All parties to this contract agree th t the represenmtives are, in feel, boon fide and possess fall and complete authority to bind said panic. LIMITATION OF TERMS, This Purchase Oiler expressly limits acceptance to the terms and conditions stated herein set forth and very supplementary or additional terms and conditions annexed herem or indeopmoed herein by reference. Any additional or different mars and conditions proposed by seller are objected to and hereby rejected 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you canoe make wmplem shipment a order on your promised delivery date as noted. Time is of the essence. Delivery and performance man be efibeud within the lime stared on the purchase order and the recmmrns attached havoi No aces of the Ford tasvia including, without limitution, acceptance i f partial late deliveries, shall operate as a waiver of this provision In the event many delay, the Pn chase, shall have, in nddaim to other legal and equitable remedies, the option of placing 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 ofnegligence, such aces of(led, acts ofcivil or military authorities, governmental priorities, fires, strikes, food, epidemics, was or dots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended home period equal m 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 action other descriptions given, will be fit for the purposes amended, mad performed with the highest degree of care and competence in accordance with accepted standards for work of a imilar nature. The Seller agrees t. hold the purchaser hammless fiom any loss, damage or a.,. which the Purchaser nay sues or incur on account of to Sellers breach of warranty. The Sella Shall replace, it por or make good, without me, m the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may c presented by law ar by the tome ofany applicable warranty provided by the Seller after the date of acceptame of the goods Brandished hereunder (arceptance not to M unreasonably delayed), resulting fmm imperfect or defective work done or materials famished by the Seller. Acceptance or tau of good by the Pmchum Shall not cmmoute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall asocial on all damages proximately caused by drc breach of my or the foregoing warnvnties or guarentces, but such liability shall in no event include lass 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 an legal rams by written change order. 5. CHANGES IN COMMERCIAL TERMS. no Pideavor may make any cMnges to the mendes. other tan legal tame, including raddameas to or &Ida era fmm the quantities originally ordered in the spccifemiorn ar drawings, by verbal or waned change order. If any such change affects me amount due or me time ofperfordeance her boor, an equitable adjustment aliali he made. 6. TERMINATIONS. The Pmchater may at any time by addled change order, mrminale this agreement net to any or all pantos of the good then not shipped, subject to any equitable adjustment between the panic res to any work or materials ,ben in progress provided that the Purchaser shall not be liable for any claims for anticipated prof¢ m the uncompleted portion of the goods ankor work, for incidental or consequentiol damages, and that no such adjortment be made in favor of the Seller with respect to any goods which arc the Sellers standard stock. No such termination shall relieve the Puralme er or the Seller of any of their obligations as to any gwds delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mast be asserted within tiny, (30) days from the data the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goads sold hereunder shall have been produced, sold, delivered and furnished in stria compliance, with all applicable laws and regulations In which the goods are subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations combined to be incriminated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees m indemnify and hold the Purchaser hatless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this rider, or any monies due or to become due hereunder without the poor wride. diamond ofthe other party. 10, TITLE. The Seller warrants full, clear and unrestricted title to fie Purchases for all equipment, materials, and items punished in performance of this agreement, free and clear of any and all liens commands, re addidu m, saiudy interest ancabmaes and claims ifothers. I I. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to exact any rights or remedies Provided herein or by law, failure to promptly notify the Seller in the event of a breach the acceptance of., payment for good hereunder or approval of the design, shall rot release the Seller of any of the warranties or obligatiors of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon short performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as m any poor or subsequent default hereunder, nor shall any pidamn d oral modification or rescission of this purchase order by the Purchaser operate ces a waiver of my of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, merchmges resulting fixed, antitrust violations are in fact borne by the Purchaser. nominated, fm good cause and as consideration for executing this purchase order, the Seller hereby reasons m the Purchaser any and all claims it may now have or hereafter acquhed under federal m sham antitrust laws far such ovcreharges miming to the particular goods or services purchased or acquired by the Pumbeed pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to dance, noncorifaanning or defective goods by a due m m agreed upon by the Paha¢r and the Seller, and the Seller therea@r indicates its inability or unwillingness to comply, the Purchaser may cause the work m be perforned by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Sella shall release the Purchaser end its contactors of any tier fmm all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the pony released and shall extend to the directors, office. and employees fsuch party. The Sellers contractual obligations, including warmly. shill not be deemed to be reduced, in any way, because ,nett work is performed or caused to be performed by the Purchuer. 14, PATENTS. Wheneve, the Seller is required to rise any design, desire, adami.l or process covered by letter, patent, 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 Fuddled 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 ofsuch Infdn,morn m any lime during the prosecution or alter the completion of the work. In case said equipment, or any part thereof or the intended use of the goods, is in such snit Sold to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, or its we expense and at its option, either procure for the Purchaser the right to continue using sad rgaipment or pans, replam the same with substantially equal but n.ninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint it receiver r trustee for any of the Sellers property tar business, this order may forthwith be canceled by the Purchuer without liability. 16, GOVERNING LAW. The definitiora oftems used or the interpretation of th<agreement and the rights of all parties hereunder shall be concuded under and governed by the laws othhe Stole of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Repremnestiodsh on the promises ofoNers. 17. SELLERS RESPONSIBILITY. The Seller shall wry on said work at Sellers own risk until the Some is fully completed and adapted, anal shall, in case of any accident, destruction or injury to the work andfor materials before Sellers Brad completion and ncmptaner, complete for vdak at Sellers own expense and to the Satisfaction of the Purchase. When materials and equipmentt are burnished by others for imullation or mection by the Sella, the Seller shall receive, unload, sbre and Iwdle same at the site and become responsible therefor w though such materials aMbr equipment were being fmsished by to Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the paymm, of warkcrs composectimr, including occupotiond disease benefits, m its employees employed on or in connection with the work recorded by this purchase order, maker to their dependeaa in accordance with the laws of doe stare in which the work is to be done. The Seller shall elm carry romptchersive general liability including, but not limited so, contractual and worm idle public liability insurance with bodily injury and death limits of ao least $300.000 for may one person. S500,000 for any one accident and property damage limit per accident of 5400,0(q. The Seller shall likewise require his contactors, if any, to provide far such compensation mtd insurance. Before any of the Sellers or his contractors employms &bull do any work upon the premises of others, the Seller shall famish the Purchaser with a dertifirau that such compensation and insumnd, have been provided. Such cenifcares shall specify the date when such rompensation and insurance have been provided. Such ecnif rotes shall specify the dam when such compensation and insurance expires. The Seller agree that such compenmtion and importance shall IS, maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assames the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting form the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hartnlrss the Purchaser and any r all of the Purchasers .Ricers, agents mad employees from and agains, any and all claim,, Imses, damage,, charges or expenses, whether diced or mdired, and whether in persma 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, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its oficers, agents or employees at any time on account or by reason of any act, action, neglect, .mission or default of the Seller of any of his contractors or any of its or their officers, agents or employees ns aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Poorhouse or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or the, lien be placed upon or churned against the property of the Purchuer, or said parties in or as a result of such suia 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 cantmdors shall take all Safety precaatiom, famish and install all guard necessary for me prevention. of accidents, comply with all laws end pagination, with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and al I tales and regulations timed pursuant thereto. Revised 02R014