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HomeMy WebLinkAbout102687 VERMEER SALES & SERVICE - PURCHASE ORDER - 9152126PURCHASE ORDER PO Number Page City Of 9152126 1 of 3 `t Collins This number must appear ' 1 on all invoices, packing sli sand labels. Date: 04/13/2015 Vendor: 102687 VERMEER SALES & SERVICE OF COLORADO INC 5801 E 76TH AVENUE COMMERCE CITY CO 80022-1061 Ship To: FLEET SERVICES - MAIN SHOP CITY OF FORT COLLINS 835 WOOD ST FORT COLLINS CO 80521 Delivery Date: 04/13/2015 Buyer: DOUG CLAPP Note: 2015A Lease Purchase quote and NJPA contract pricing (#070313-VRM) replaces unit# 45300 Line Description Quantity UOM Unit Price Extended Ordered Price I BC1800XL 19" Chipper etc. ref. quote dated 2/23/15 per Chad Buxbaum ** Please included operating, parts and service manuals ** BC1800XL 19" chipper - $62,195.00 Hyd chute and chip deflector - $2,350.00 Winch - $3,482.00 Freight - $800.00 Total cost = $ 68,827.00 Dept: Forestry Delivery equipment and documents to: Fleet Services Shop 906 W. Vine Street Fort Collns, CO 80521 Contact: Greg R. oh# 970-221-6613 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 EA 68,827.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 invoices @fcgov.com PURCHASE ORDER PO Number Pale City of 9152126 2 of 3 FortFort This number must appear Collinsv " J on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price ** Please call 24 hours prior to delivery "* shop hours 7:30am to 3:30pm Total 11 I Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO BOX 580 Fort Collins, CO 80522-0580 invoices @fcgov.com Purchase Order Terms and Conditions Page 3 of 3 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local Was. Our Exemption Number is 11. NONWAFVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector, of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise my rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Sella of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver ofany right of the damage in nansit, may be tenured to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies w to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver ofany of the terns Inspection. GOODS are subject to the City of Fat Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merehendise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANHYRUST CLAIMS. authorized payment on the past of the City of Fort Collins. However, it is to be understood that FINAL Sella and the Purchaser recognize that to actual aammic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood SL, Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or service, otherwise specified on this orda. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where mnnufstlurers have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments ere made from greater distance. Peoria. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the sure, municipality, territory or political subdivision where the work is performed, or required by any other duty constituted public authority havingjmisdiclim over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of my such laws, regulations, ordinances, mles and requirements. Authorization. All parties to this connect agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the teens and conditions stated herein set fond and any supplementary or additional terms and conditions s rnexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected in anal hereby rejected 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately tryout cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver ofthis provision. In the event ofany delay, the Purchaser shall have, in addition 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 fa damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligeme, such acts of God, aces ofavil or military amborities, governmental priorities, Ines, strikes, Rood, epidemics, wars 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 first received knowledge thereof. 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 Seller wer ads that all goods, articles, 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 with the highest degree of care and competence in accordance with accepted standards for work of a similar marine. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purehastt may suffer or incur on account of the SeOers breach of warranty. The Sella shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terns ofany applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance Out to be mucasombly delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing warranties or guarantees, but such liability shag in no event include loss of pmfim or loss cruse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes in legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchases may make any changes to the terns, other than legal terns, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be trade. 6. TERMINATIONS. The Purchaser may at any fine by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall tit be liable for any claims fa anticipated pmfits on the uncompleted portion of the goods atd/a work, fur incidental Or consequential damages, and that on such adjustment be made in favor of the Sella with respect many goods which are the Sellers standard star. No such temnimtion shall relieve the Purchaser Or the Sella ofany ofthe r obligations as to any goads delivered hereanda. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods me subject The Sella shall execute and deliver such documents as may be required to effect or evidence compliance. AN laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Sella agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchases w a result of the Sellers failure to comply with such haw. 9. ASSIGNMENT. Neither party shall assign, transfer, a convey this order, or any monies due or to become due hereunder without the prior written commit of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all (tens, restrictions, reservations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Iftbe Purchaser, directs the Sella to correct mnconforming a 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 release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance 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 Sellers contmcmal obligations, including warranty, shall Out be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchases. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save hannless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in convection with the contract, and shall indemnify the Purchases for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during die prosecution or after the completion of the work. In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or parr is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but raminfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the bereft of creditors, appoint a receiver or mute for any of the Sellers property or bantam. this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used in the interpretation of the agreement and the rights of all parties hereunder shall be consumed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Sella is in perform work hereunder, including the services of Sellers Repremins ive(s), on the premises climbers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in case ofany accident, destruction of injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfactian of the Purchaser. When materials and equipment are famished by others for installation or erection by the Sella, the Seller shall receive, unload store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Sella under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the stale in which the wale is to be done. The Sella shall also carry comprehensive general liability including, but nun limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one person, S500,000 for any our accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Sella shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation anal insurance expires. The Seller agrees that such compensation and insurance shall be m,im amed until after the entire work 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 ofany kind or 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 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 put or subject by reason of any act, action, neglect omission or default on the part of the Seller, any of his contractors, or any of like Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employes at any time on account or by reason of any act, action, neglect, omission or default ofthe Sella of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thercof and to defend the same at the Sellers own expense, to pay any and all costa, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their of5cas, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same in be dissolved and discharged by giving bond a otherwise. The Seller and his contmdors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03R010