HomeMy WebLinkAbout105898 FARIS MACHINERY CO - PURCHASE ORDER - 9114263PURCHASE ORDER Po Number Page
City Of///��� 9114263 1 of z
`t Collins
This number must appear
on all invoices, packing
slips and labels.
Date: 02/01/2012
Vendor: 106898
FARIS MACHINERY CO
5770 E 77TH AVE
COMMERCE CITY Colorado 80022-1044
Ship To: WATER UTILITIES
CITY OF FORT COLLINS
700 WOOD STX
FORT COLLINS Colorado 80521
Delivery Date: 07/21/2011 Buyer: JAMES HUME
Note
Line Description Quantity UOM Unit Price Extended
Ordered Price
2012 Kenworth 1 LOT LS 98,970.00
T400 Convential
per Boyle quote dated 7-19-11 and Vact r quote Q73425116
dated 7-1-11, Attn: Larry Johnson /
Dept: Waste Water /
A Boyle -supplied 2011 Vactor Classic body (purchased under
a separate PO) is to be mounted on this truck.
Vendor changed to Faris Machinery 2-1-12.
Boyle was purchased by Faris in late 2011. jrh
C� C3. O"✓l.-�¢Q s�
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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
Total
Invoice Address:
$98,970.00
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Ordcr Tcrms and Conditions
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions. By staNtc the City of Fort Collins is exempt from ,state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Cenificme of Registry 84-6000597 is registered with the Collector of
Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Stamtca 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 rearmed to you for credit and arc not to be replaced except upon receipt of written
instructions from the City of Fort Collins.
Inspection. GOODS are subject to the City of Fort Collins inspection carnival.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof. failure or delay to
exercise any rights or remedies provided herein or by Los. failure to promptly unify the Seller in the went of a
breach, the acceptance of or payment for goods hereunder or approval ofthc design, shall not release the Seller of
any of the isammies or obligations of this purchase order and shall not be deemed a waiver of any fight of the
purchaser to insist upon strict perfomancc hacnfor any offs rights or remedies as to any such goods, regardless
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 of any of the terms
hereof
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNM ENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fort Collins. However, it is to be understetod that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting form antitrust
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home 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 must be F.O.R., City of Fan Collins, 700 Wad St, Fort Collins, CO R0522, 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 pans of the country, shipment is Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
expected from the nearest distribution point to destination, and execs freight will be deducted from Invoice when Purchaser and the Seller, and the Scllcr thereafter 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 Scllcr shall pay all
costs associated with such work.
Permits. Seller shall procure at sellers suds cost all remsmry Permits. certificates and licenses required by all
applicable Imes, regulations, ordinances and talcs of the state, municipality, territory or political subdivision where
the work is pafomted, or required by any other duly constituted public authority having jurisdiction over the work
of vendor Seller further agrees to hold the City of Fort Collins harmless, from and against all liability and Ines
incurred by them by reason of an asserted or established %inlation of any such laws. regulations, ordinances, rules
and requirement,.
Authorization. All panics to this contract agree that the representatives arc, in fact. Anna ride and possess fall and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance m the more; and conditions stated
herein set forth and any supplementary or additional untrtr and conditions annexed hereto or incorporated 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
promised 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 documents arched hereto. No acts of the Purchosers including, without
limitation. acceptance of partial late dchycries, shall operate as a waiver of this provision. In the event array delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order emewherc
and holding the Seller liable for damages. However, the Scllcr shall not be liable for damages as a result of delays
due to causes not reasonably foreseeable which am beyond its reasonable control and withmn its fault of negligence.
such acts of Gnd, acts ofeivil or. military authorities, govcmmcntal priorities, Ores, strikes, flood, epidemics. ears 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 of the delay.
3.WARRANTY.
The Seller warrants that all goods articles, materials and work covered by this onler will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes uncured, 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 hnrmlcss front any Ins%, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of wamnty. The Scllcr shall replies repair nr make
good. without cost to the purchaser, any defects or f,'uths arming within one (1) year or within such longer period of
time as may he prescribed by law or by the terms of any applicable womanly provided by the Seller ifcr the date of
acceptance of the goods furnished hereunder (accepancc not to be unreasonably delayed), resulting front imperfect
or defective work done or materials famished by the Scllcr. Acceptance or use of goods by the Pnrchasen shall not
constitute a waiver fany claim under this wamnty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages prozimatcly caused by the breach of any of the foregoing wamntia
or guarantees, but such liability shall in no event include loss of profits or loses of um. 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 wrincn change older.
5. CHANGES IN COMMERCIAL TERMS.
The Punhaser may make any changes to the tans, other than legal terms, including additions to or deletions form
the quantities originally ordered in the specifications or drawings, by verbal or wvrltten change order. If any such
change affects the amount due or the time of Performance hereunder, an equitable adjustment shall be made.
5. TERMINATIONS.
The purchaser may at any time by written change order, terminate this agreement as to any or all pinions of the
goods then not shipped, subject to any equitable adjustment bctween the panics as to any work or materials then in
progress provided that the Purchaser shall or be liable for any claims for anticipated profits on the uncompleted
pennon of the gads and/or work, for incidental or eonsequcmial damages, and that no such ndjustment be made in
favor of the Seller with expect to any goods which am the Scllem standard stock. No such termination shall relieve
the Purchaser or the Seller of any of their obligations as to any gook delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be ac crted within thin (30) days from the date the change or tcminatina is
ordered.
R. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold bercunder shall hart been produced. sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the grads arc subject The Seller shall execute and
deliver such document as may be required to effect orevideoec compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Pumboser as a result afire
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, tmasfcq or convey this order. or any monies due or to become due hereunder without the
prim written consent of the other pony.
10. TITLE.
The Seller wamnts full, clear and unrestricted title to the Purchaser for all equipment materials, and items famished
in performance of this agreement, free and clear of any and all liens, restrictions, r sm,xtions, security interest
encumbrances and claims of others.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature
resulting from the performance ofsuch work.
This release shall apply seen in the event of fault of negligence of the parry released and shall extend to the
directors, officers and employees ofsuch party.
The Seller's em metual obligations. including wamnty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
R'hcncecr the Seller is required to use any design, device. mmcrud or purees, cm'cmd by letter. patent, nedcmark
or copyright the Seller shall indemnify and save harmless the Purchaser from any and all claims for in fringemcnt
by reason of the use of such patented design, device, material or process in connection with the contract and
shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason ofsuch
infringement at any time during the prosecution or after the completion of the work. In case .said equipment or
any pan thereof or the intended use of the goods. is in such mit held to constitute infringement and the use of
said equipment or part is enjoined, the Seller shall, at its own "mane and at its nptim, tither procure for the
Purchamr the right to continue using said equipment or pans, replace the same with substantially equal bill
noninfringing equipment, or modifyit so it becomes anninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or hankoll make an assignment for the benefit of creditnm. appoint a
receiver or tmmec for any of the Sellers property or business, this order may forthwith he canceled by the
Pumhaocr without liability.
16. GOVERNING LAW.
The definitions oftema used or the interpretation ofthe agreement and the rights of all parties hereunder shall be
construed under and governed by The laws ofthc State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perfom work hereunder.
including the services of Scllcrs Reprcscntative(s), on the prertt¢es of uthers.
17. SELLERS RESPONSIBILITY.
The Scllcr shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall.
in case of any occident dc,tmction or injury to the work and/or materials before Seller's final completion in<I
acceptance, complete the work at Seller's own expense and to the satisfaction ofthe Purchaser. When materials
and equipment are famished by others for installation or erection by the Seller. the Seller shall receive, unhand,
store and handle same at the site and become responsible therefor as though such malcriak and/or equipment
were being furnished by the Scllerunder the order.
19. INSURANCE.
The Seller shall. at his own expense, provide for the payment of wmkcrs compensation, including occupational
disease benchts, 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 state in which the work is to be done. The Seller
shall also carry comprehensive general liability including. but not limited to, contractual and automobile public
Iiabiity usumnce .with Wily injury and death limits of at (cast S300.000 for any one person. S500.000 for any
one accident and property damage limit per accident of S400.000. The Seller shall likewise require his
contractors, Troy. to preside for such compensation and insurance. Before any afthe Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate
that such compensation and insurance have bein provided. Such certificates shall specify the date when such
compensation and imarra ce have been provided. Such cenifiewes shall specify the date when such compenmlion
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 resumes the entire responsibilityand liability for any and all damage. loss or injury ofany kind
or nature whatsoever to persons or porperry caused by m resulting from the escculion .(the work provided for in
this purchase odcr or in connection lonewth. The Sellerwill indemnify and hold harmless the Purchaser and any
or all of the Purchasers office., agents and employees from and against say and all claims. losses, damages.
charges or expenses whether direct or indirect, and whether to persons or prom rty 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
contactors, or any of the Sellers; or contractors officers, agents or employees In cam nay snit or other
proceedings shall be brought against the Purchaser, or its officers. agents or employees at any time on account or
by reason of any act, action, neglect. omission or default of the Seller of any of his contractors or any of its or
their effects, agents or employees as aforesaid, the Sellu hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense. to pay any and all costs. charges, attomcys Ica 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 of the Purchase. or mid panics in or as a result ofuch suits or other proceedings,
the Seller will at once cause the more to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safely precautions, famish and install all guards necessary for the prevention of
accidents. Comply with all laws and replatione with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all talcs and regulations issued pursuant thereto.
Revised 03/2010