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HomeMy WebLinkAbout110508 FRONTIER TRUCK EQUIPMENT - PURCHASE ORDER - 9121099PURCHASE ORDER PO Number Page City Of 9121099 ' of z `t Collins OI l I n C This number must appear ` , 1�7 on all invoices, packing slips and labels. Date: 0212212012 Vendor: 110508 Ship To: ELECTRIC UTILITIES FRONTIER TRUCK EQUIPMENT CITY OF FORT COLLINS 7167 E 53RD PLACE 700 WOOD ST COMMERCE CITY Colorado 80022-4828 FORT COLLINS Colorado 80521 Delivery Date: 02/22/2012 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 132 D54HV Service Body 1 LOT LS 35,695.00 Body, hydraulic system & crane per quote #43560, attn: Manuel Valdez 2 Aux battery systetm 1 LOT EA 1,468.77 to power crane & lights battery system per quote #45010 Dept: Light & Power Deliver completed unit to: Fleet Main Shop, 835 Wood Street, Fort Collins 970-221-6613 Body to be mounted on an F-550 Ford Supercab 2wd chassis on order from Spradley Barr Ford in Fort Collins Total $37,163.77 Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, CPPO 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 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By stable the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 99-N502. Federal Excise Tax Exemption Cetifieate of Registry R4.6000587 is registered with the Collector of Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). Goads Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects Of damage in transit, may be maimed to you for credit and arc not to be replaced except upon receipt Of written instructions fmm the City cf Fort Collins. Inspection. GOODS am subject to the City of Fen Collins inspection on arrival. I L NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions herco f. failure or delay to exercise any rights or rented ies provided herein or by law, failure to promptly noti fv the Seller in the event of a breach, the acceptance of or payment for goods hereunder err approval of the design, shall not release the Set let of any of the warranties or obligations of this purchase order and shall not be deemed a ssaivcr of any right of the purchaser to insist upon strict performance hemnf or any of its 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 parroted nml 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. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fen Collins. Howcvea it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact bobc by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seiler hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tcros. Shipments must be F.O.B.. City of Fen Collins, 7W Wood St. Fen Collins, CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services othcrmise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser porta nit to this Purchase onto,. bill must accompany invoice. Additional charges for packing hill 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 defective goods by a date to be agreed upon by the expected fmm the nearest distribution point to destination. and excess freight will be deducted fmm Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may taus, the work to he perforated by the most expeditions means available to it, and the Seller shall pay all cents associated wish such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations. ordinances and rules of the state, municipality, territory or political subdivision where the wort: is performed, or required by any ntkr 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 loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All parties to this contact agree that the representatives arc, in tier, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the Isms and conditions staled herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terns and conditions proposed by seller arc objected m 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 perfomonce must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitatinn, acceptance of partial late deliveries, shall operate as a waiver of this prevision. In the event ofany delay, the Purchaser shall have. in addition to other Icgal and equitable remedies, the option of placing this order elsewhere and holding ,hc 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 acts of God. acts of civil or militaryouthornics. governmental priorilics, fires, strikes, food, 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 shill be extended for the period equal to the time actually lost by reason of,he delay. 3. WARRANTY. The Seiler warrants that all good. articles, materials and work covered by this order will conform with applicable drawings, specificatiom. samples and/or other description given, will he fit for the purposes intended, and perfomaed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seiler agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may sWTer or incur on account ofthe Sellers breach of wamnty. The Seller shall replace, repair or make good. ss'ithout 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 low or by the terms of any applicable wi mnty provided by the Set let after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting front imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim tinder this warn my. Except as otherwise provided in this purchase order. the Set lots liability berconder shall extend to all damages proximately caused by the breach of any of the foregoing warmntics or guarantees, but such liability shall in no event include loss 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 to legal tells by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions fmm 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 ofperformance hcrcundcr, an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by written change order. terminate this agreement as to any or all potions of the goods then not shipped. subject to any equitable adjustment bmxsecn the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profit 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 respect many goods which arc the Sellers standard stock. No such woomation shall relieve the Purchaser or the Seiler of any of their obligations as to any gads dcliwcrcd hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asscned within thin, (30) days fmm the date the change or teminalion 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 good arc subject. The Seller shall execute and deliver such documents as may be required to effect orevidcnce compliance. All laws and regulations required to be incorporated in agreements of this character are hembv incorporated herein by this reference The Seller agrees to indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign. transfer, or convey this order, or any monies due or to become due hcrcundcr without the prior written consent of the other party. 10. TITLE. The Seller svamnts full, clear and unrestricted tide to the Purchaser for all equipment. mmcrids. Intl items furnished in performance of this agreement. free and clear of any and all liens, restrictions. rcscreatinns, security interest enewmbmnccs and claims f.then,. The Seller shall release the Purchaser and it, contractors of any tier fmm all liability and claims of any mtue resulting from the pefomance ofsach work. This release shall apply even 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 contractual obligations, including warranty, shall not he deemed to be reduced, in any say, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Scllcr shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such pmcnted design, device, material or process in connection with the contracq and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or aRcr the completion of the work. In case said egaipncnl. or any pan thereof or the intended use of the good, is in such mil held to constitute infringement and the use of said equipment or pan is enjoined, the Seiler shall, at its own expense and at its option, either procure for the Purchaser the right to continue using mid equipment or pans, replace the same with substantially equal but noninfringing 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 erediors, appoint a receiver or trustee for any of the Sellers pmperty, at business, this odor may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terns used or the interpretation of the agnecmcm and the rights ofall panics hcrcundcr shall be construed under and governed by the laws of the State of Colorado. USA. The following Additional Conditions apply only in cases where the Seiler is to perform work hereunder, including the son ices of Sellers Represcra tive(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the .came is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Sellers own expanse and to the satisfaction of the Purchaser. When materials and equipment arc furnished by others for installation or erection by the Seller. the Seller shall receive, naload. store and handle same at the site and become respnnsible themfor as though such materials and/or equipment were being furnished by the Seller under the order. IR. INSURANCE The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to it 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 no, limited to, contmetual and automobile public liability insurance with bodily injury and death limits oral least $300.Wo for any one person 5500,Mlo for any one accident and pmperty damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to provide for such compeamtion and insurance. Before any of the Sellers or his contractors employees shall do any work upen the premises of others, the Seller shall furnish the Purchaser with a cenifcle that such compensation and insurance have been provided. Such certificatcs shall specify the date when such compensation and insurance have been Provided. Such certificates shall specify the date when such compensation and insurance cxpircs. 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 o sponsihility and liability for any and all damage. loss or injury nfany kind or nature whatsoever to persons or pmperty caused by or resulting form 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 Parehoscrs offices, agents and cmpbyccs from and against any and all claims, losses, damnges, charges or expenses, whether direct or indired, and whether to persons or property to which the Purchaser may be put or subject by reason of any act. action, neglect emission or default on the pan of the Seller, any of his contactors or any of the Sellers or eontnctors affects, agents or employees. In ease any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees many time ern 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 Officers. agents Or employees as aforesaid, the Seller busby agrees to assume the defense thereof and to defend the same a1 the Sellers own expense. to pay any and all costs, charges, aurm cys fcca and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their omcem agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the pmperty of the Purchaser, or said panics in or as a result of mch mits or other proceedings. the Set let will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Set let and his contractors shall lake all mfcry precautions. furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard In safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all riles and regulations issued pursuant thereto. Revised 03/2010