HomeMy WebLinkAbout110508 FRONTIER TRUCK EQUIPMENT - PURCHASE ORDER - 9111487PURCHASE ORDER PO Number Page
City OfCollins
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Date: 03/11/2011
Vendor: 110508
FRONTIER TRUCK EQUIPMENT
7167 E 53RD PLACE
COMMERCE CITY Colorado 80022-4828
Ship To: ELECTRIC UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS Colorado 80521
ON! fib — Z8 b —1 I? 8 M "►ti. f V/OUWX 3.
Delivery Date: 03/11/2011 Buyer: JAMES HUME
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Omaha 132D54HV
per quote 41740, 2-3-11
1 LOT LS
Attn: Manuel Valdez
Dept: Light & Power
City contact: Jim Hume, 970-221-6776
Body to be mounted on an F-550 chassis on order from Spradley-Barr
in Fort Collins. Spradley contact, Paul Phillips
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO
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
34,695.47
.47
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. COMMERCIAL DETAILS.
Tax exemptions By sitcom the City of Fort Collins is exempt form state and local taxes. Our Exemption Number is
98-0,1502. Federal Excise Tax Exemption Certificate of Registry 84-6M10587 is registered with the Collector of
Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a).
Goods Rejected, GOODS REJECTED due to failure to meet, specifications, either when shipped or due to defects of
damage in transit, may be returned to you for credit and am not to be replaced except upon receipt of writer
instructions from the City argon Collins.
Inspection. GOODS am subject to the City of Fort Collins inspection on arrival.
11. NONWAIVER.
Failure of the Purchaser to insist open strict performance critic teuims and conditions hcrenf failure or delay to
exercise any rights or renedles 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 ofthe design, shall not release the Seiler of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver array right of the
purchaser to insist open strict performance hercofor any of its rights or remedies as to any such good, regardless
of when shipped. received or accepted, as to any print or subsequent default hereunder, nor shall any purported
oral modification or rcaission of this purchase order by the Purchaser operate as a waiver ofany of the terms
hereof.
Final Acceptance Receipt of the merchandise. services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fort Collins. However, it is To be understood that PINAI. Seiler and the Purchaser recognize that in actual economic practice, overcharges resulting fmm antitrust
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact home by the Purchaser. Theretofore, for grind cause and as consideration for executing this
purchase order, the Seller hereby assigns to the Pumhawr any and all claims it may now have or hereafter
Freight Tents. Shipments most be F.O.D.. City of Fort Collins, 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 on this order. 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 must accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defcclice goods by a date to be agreed upon by the
expected fmm the nmrest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller. and the Scllcr hheeafter indicates its inability or unwillingness to comply, the Purchaser
shipments arc made from greater distance, may cause the work to be performed by the most expeditious means available to it. and the Seiler shall pay all
cost associated with such work.
Permits. Seller shall practice at sellers sere cost all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and odes of the state, municipality, territory or political subdivision where
the work is perfommd, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seiler further agrees to hold the City of Fort Collins hauides from and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations. ordinances, odes
and requirements.
Authorization. All panics to this contract 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 terms and conditions simcd
herein set not, and any supplementary or additional fruits and conditions annexed herein or incorponled herein by
reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
premised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time
stated on the purchase order and the decumenfs 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 crony delay,
the Purchaser shall have, in addition to other legal and equitable remedies,theoption ofplacing this order elsewhere
and holding the Seller liable for damages. However, the Seiler shall not be liable for damages as a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of God. acts of civil ar military authorities, governmental priorities, fires, strikes, Rood, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days ofthe
time when the Seiler first received knowledge therm[ In the event ofany such delay, the date of delivery shall be
extended for the period equal to the time actually lost by reason ofthc delay.
}.WARRANTY.
The Seiler warrants 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 fir for the purposes intended. and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
similar nature The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may suffer or incur on account ofthe Sellers breach ofwaoanry. The Scllcr shall rcplacc, repair or make
good. w'ithonT cost to the purchaser. any defects or fault arising within one (1) year or within such longer period of
time as may be prescribed by law or by the kuiu ofany applicable warranty provided by the Seller after the dfc of
acceptance of the goods furnished hereunder (acceptance not to be unreasonably ddaycd). resulting from imperfect
or defective work done car materials finished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver ofany claim unit. this am. my. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any ofthe foregoing seaoantics
or guarantees, but such liability shall in no event include Inns of profits or lose cruise. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY,
4, CHANGES IN LEGAL TERMS,
The Purchaser may make changes to legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the teuiw, other than legal terms, including additions to or deletions from
the quantities originally ordered in the spcei6eatinnx or drawings, by verbal or ...own change onlcr. If any such
change affects the amount due or the time ofperformancc hereunder. an equitable adjustment shall be made.
b. TERM [NATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the
goods then not chipped, subject to any equitable adjustment bt meen the panics as to any work or materials then in
porgmss provided that the Purclu wr shall not be liable for any claims for anticipated profits on the uncompleted
portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respcet to any goods which arc the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be at, cued 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 appliwblc laws and regulations to which the goods are subject. The Seller shall execute and
deliver such decuments as may be required to effect or evidence compliance. All Taws and regulations required to be
incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser hamlese from all costs and damages suffered by the Purchaser as a result of the
Scllcrs failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign. Transfer, or compy this order, or any monies due or to become due hereunder without the
prior written consent of the other party.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all cquipmcnt, materials, and items furnished
in performance of this agreement. free and clear of any and all liens, restrictions. reservations, security interest
encumbrances and claims of others.
The Seiler shall release the Purchnscr and its conlnctors of any tier from all liability and claims of arty nature
resulting from the performance afsuch work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors. oRcers and employees of such party.
The Seller's conuaclual obligations, including wnrfanty, shall not he deemed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Sailer is required to use any design, device, material car process covered by letter. potent, trade nmrk
or copyright. the Seller shall indcnmify and save harmless the Purchaser from anv and all claims for infringement
by reason of the use of such premed design, device, material or process in rumaretion with due contract, and
shall indemnify the Purchaser foray cost, expense or damage which it may be obliged to pay by reason of such
infringement cal any time during the prosecution or inner the completion of the work. In case said equipment, or
any pun thereof or the intended use of the good, is in such snit held to constitute infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchnscr the right to continue using said equipment or parts, replace the same with substantially equal but
noninfringing equipment, or modify it .so it becomes noninfringing.
I5. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
receiver or Trustee fur any of the Sellers property or business. this order may forthwith be canceled by the
Pumhascr without liability.
16. GOVERNING LAW.
The definitions Ti used or The inte"I' cation ofthe agreement and the rights of all parties hereunder shall be
construed under and governed by the Imes ofthe State of Colomdo. USA.
The following Additional Conditiens apply only in cases where the Scllcr is to perform stork hereunder.
including the services of Scllcrs Represcntative(s), on the pmmiws of others.
17. SELLERS RESPONSIBILITY.
The Seller shall tarty on said work nt Sellerk own risk Limit the same is full)completed and accepted, and shall.
in case of any accident, destruction or injury, to the work and/or materials before Seller's Gnat completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials
and cquipmcnt arc furnished by others for installation Or crmtion by the Seller, the Seller shall receive, onlond,
more and handle same at the site and account, responsible Ihcmfor as Ihoneh such materials and/or cgaipmcnl
avcre being furnished by the Seiler under the oiler.
19. INSURANCE.
The Scllcr shall, at his own expense, provide for the payment of workers compensation, including occupational
disease henefits, to its employees employed on or in connection with the work mwcrcd by this purchase orlce
and/or to their dependents in accordance with the lows of the state in which the work is to be dons. The Scllcr
shall also carry compwhenskc general liability including, but not limited to. contractual and automobile public
liability insurance with bodily ipiery ono death limits of at least S300.000 for any one person, S500,000 fnr any
one accident and property damage limit per accident of 5400.000. The Seller shall likewise require his
contractors, if any, In provide for such compensation and insurance. Iicfore any ofthe Sellers or his contractors
employees shall do any work upon the premises of nthcrs, the Seller shall furnish the Purchaser with a ccoi0cam
thin such compensation and insurance hive been provided. Such certificates shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify the date when such conmpensaion
and insurance expires The Seller agrees that such compensation and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability foreny and all damage. loss or injury ofany kind
or nature whatsoever to persons or progeny caused by or resulting front the execution of the work provided for in
this purchase order or in connection hcrcwi th. The Set let will indcmn i fy and hold harmless the Purchrecr and any
r all of the Purchasers oRcers, agents and employees from and against any and all claims, losses, damages.
charges or expenses, whether direct or indirect, and vehcthcr to persons or property to which the Purchnscr may
be put or subject by reason of any act, action. neglect, omission or default on the pan of the Scllcr, any of his
contnctors, or any of the Sellers or contractors oRcers, agents or employees. In ease any suit or other
proceMings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or
by reason crony act, action, neglect omission or default of the Seller of any of his contractors or any of its car
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers mvn expense, to pay any and all costs, charges, atromcys fees and other expenses.
any and all judgments that may be incurred by or obtained against the Purchaser or any of its or Their officers.
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property urine Porahostq or said parties in or as a result of such suits or Mhcr preceding'.
the Seller will at once cause the same To be dissolved and discharged by giving bond or otherwise. The Seller and
his contnctors shall take all safety precautions, furnish and install all guards necessary for the prevention of
accidents. comply with all haws and regulations with regard in safety including, but without limitation, the
Occupational Safety and Health Ael of 1970 and all roles and regulations issued pursuant thereto.
Revised 03/2010