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HomeMy WebLinkAbout110508 FRONTIER TRUCK EQUIPMENT - PURCHASE ORDER - 912145612145 PURCHASE ORDER PO 9er Page City Of 121456 1 of 2 ' `t Collinshis number must appear 1 1on all invoices, packing slips and labels. Date: 03/12/2012 Vendor: 110508 FRONTIER TRUCK EQUIPMENT 7167 E 53RD PLACE COMMERCE CITY Colorado 80022-4828 Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS Colorado 80521 Delivery Date: 03/12/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Install adrian steel per quote #44555 1 LOT LS electrical service interior package #4512 plus install ladder rack #61-TC Install in Transit Connect on order from Spradley Barr, Fort Collins Dept: Facilities 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: 2,755.00 $2,755.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tcrms and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Too Collins is exempt from slate and local taxes. Our Exemption Number is 11. NONWAIVER. 99-0W502. Federal Excise Tax Exemption Certificate of Registry 944010587 is registered with the Collector of Failure of the Purchaser to insist Olson strict paonaaace of the tams and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1977. Chapter ?9 26, 114 (a). exercise any 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 hercanda or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, citha whea shipped or due to defects of any of the warranties or obligations of this purchase order and shall not he deemed a waiver of any right of the damage in tmn,it, may be retumed to you for credit and am not to be replaced except upon receipt of written purchaser to insist upon strict performance hercofor any of its rights or remedies as to anv mach goods, regardless instructions from the City offon Collins, of when shipped. received or accepted, as to any prior or subsequent default hereunder, nor shall any purposed uml modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Tom Collins inspection on arrival. here.[ Final Acceptance, Reeder 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 anderstond 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 are in fact boom by the Purchaser. Theretofore, for grad 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 hacatla Freight Terms. Shipments must he F.O.B.. Citv of Fort Collins 700 Wood St.. Tom Collins, CO 50522, 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. I J. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Scllcr to correct nonconforming or defective good by a date to be agreed upon by the expected from the nearest distribution Point to destination, and excess freight will he deducted from Imoice 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 cause the work to be perform ed by the must expeditious means available to it, and the Scllcr shall pay all costs sec ocialed with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable Imes, regulations ordinances and ones of the state, municipality, mummy Or political subdivision where the work is performed, or regrtired by any other duly constituted public authority having jurisdiction over the work of acmdor. Sella further agrees to hold the City of Too Collins harmless from nad against all liability and loss incurred by them by reason Of an asserted or established violation of any such laws, regulations, ordinances, macs and requirements. Authorization. All parties to this contract agree that the representatives arc, 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 stated herein set forth and any supplcmenmry or additional rams and conditions annexed hereto or incorporated harm by reference. Any additional Or difTcmnr terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediatdv if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time stated on the purchnsc order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a smiver of this provision. In the event Many delay, the Purchaser shall have, m addition to other legal and equitable remedies, the option nfplacing this order elsewhere and holding the Seller liable for damages. However, the Scllcr shall not he liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its (null of negligence. such acts of God, acts ofcivil or military authorities. governmental prinrities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchusa within Bee (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. 1. WARRANTY. The Seller 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 fit for the purposes intended, and performed with the highest degree of care and competence in accordrnce 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 ram suffer or incur on account of the Scllcrs breach of wamnty. The Seller shall replies, repair or make good, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the toms ofeny applicable warranty provided by the Seller a0cr the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting foal imperfect or defective work done or materials famished 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 of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of pm6ts or loss of use. NO IMPLIED WARRAN"fY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pumhascr may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS, The Purchaser may make any changes to the terms. other than legal toms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or wrincn change order. If any such change affects the amount due or the time of performance hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time 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 panics as to any work or materials then in progress provided that the Purchaser 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 respect to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser Or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. R. COMPLIANCE WITH LAW, The Seller warrants that all galls sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such doeumeas as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements M this character arc hacby incorporated herein by this reference. The Seller agrees to indemnify and hold the Patch. harmless 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 order. or any monies due or to become due hcmunda without the prior written consent afire other party. 10. TITLE. The Scllcr wamnts 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 Iicas. restrictions, reservations. security interest encumbrances and claims of others. The Seller shall mlasa the Purchaser and its contractors of anv 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. of cos and employees nfsuch part,. The Seller's contractual 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. Whenever the Seller is required to use any design, device. material or pmccs covered by later. patent trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design. device, material or p rec,s 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 of such 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 good.,, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its man expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans replace the same with substantially equal but noninfringing equipment or modify it so it becomes anninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver ar tmstee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions . foams used Or the interpretation ofthc agreement and the rights ofall panics hereunder shall be construed under and governed by the lase, Ofthe State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellers Reprcscrudive(s), on the ptemisa of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Scllcrs own risk until the samc is fully completed and accepted, and shall. in case of any accident, dcstmetion or injury to the work and/or materials before Scllcrs final completion and acceptance, complete the work at Soler S own expense 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, unload, store and handle saute at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. IR. INSURANCE. The Sella 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 state in which the work is to he done. The Seller shall also carry eompmhcnsivc general liability including, but not limited to, contractual and automobile public liability insurance with holly injury and death limits of at (cast S300,000 fur 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, 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 ofothers, the Sellershall famish the Purchaser with a anifcatc that such compensation and insurance have been pmvided. Such certificates shall specify the date when such compensation and insurance have ban provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECT [ON 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 hamrlec the Purchaser and any m all of the Purchasers officers, agents and emplovms 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 Pumhascr may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any M 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 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 officers, agents or emplovas as aforesaid. the Seller hereby agrees to assume the defense thereof and to defend the samc at the Sellers own expense. to pay any and all costs, charges, attorneys foes 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 Purchaser, or said panics in or as a result of such suits ar Other pmccedings the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions famish and install all guards necessary for the prevention of accidents, compiv with all laws and regulations with regard to safety including. but without limitation, the Occupational Safety and Health Act of 1970 and all mles and regulations issued pursuant thereto. Revised 03/2010