Loading...
HomeMy WebLinkAbout113024 MCCANDLESS TRUCK CENTER LLC - PURCHASE ORDER - 9121480PURCHASE ORDER PO Number Page City Of 9121480 ' of z `t Collins This number must appear 1 on all invoices, packing slips and labels. Date: 03/13/2012 Vendor: 113024 MCCANDLESS TRUCK CENTER LLC 16704 E 32ND AVE AURORA Colorado 80011 Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS Colorado 80524 Delivery Date: 03/13/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 2013 INTERNATIONAL 7600 U SFA 6x4 2010 (SF567) 1 LOT LS per March 1, 2012 quote, Attn: Ron Wasinger WB: 228", CA: 144.5", GVWR 60,000 Dept: Streets Deliver vehicle & title documents to: Fleet Main Shop, 835 Wood Street, Fort Collins unless other arrangements are coordinated with Joe Lucero, 970416-2477. Truck will have a hooklift system and other components added at Macdonald Equipment. 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: 123,381.00 $123,381.00 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. fly statute the City of Port Call ins is excerpt from state and local uxcs. Our Exemption Number is 11. NONWAIVER. 98-01502. Federal Excise Tax Exemption Cenificate of Registry 84-NW587 is registered with the Collector of Fnib" of the Purchaser to insist open stria performance of the Icmrs and condifins hereof, failure or dclov to Formal Rm'unae. Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by lam, failure to promptly notify the Seller in the event of. breach, the acceptnnce ofor payment for grads hereunder or approval ofthe design, shall not release the Scllcr of Goods Rejected. GOODS REJECTED due m failure to mttl specification, either when shipped or due to defects of any of the wamntics or obligations of this purchase order and shall not he deemed a waiver of any right afire damage in transit. may be rentmed to you for credit and arc not to be replaced exeepl upon receipt of written purchaser to insist upon strict Performance hereoforany writs rights or remedies i s to any such goads, regardless instructions from the City of Fort Collins. of when shipped. received or accepted. as to any poor or subsequent default hereunder, nor shall any purpnncd am] modificatimm or rescission of this purchase order by the Purchaser operate as a waiver of any of the Ions Inspection. GOODS are suhlcet to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchnndise, 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 understand that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges exulting foam antitrust ACCEPTANCE is dcpendan upon completion ofall applicable required inspection procedures. violations arc 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 of hereafter Freight Terms. Shipments must be F.O.H., City of Fan Collins, 700 Wood St. Fort Collins. CO 90522. 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 err acquired by the Purchaser pursuant In this purchase order. bill must accompany invoice. Additional charges for packing swill ant he accepted. 13. PURCILASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pare of the country, shipment is If the Purchascr directs the Seiler to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchascr and the Seller, and the Seller thereafter indicates its inahility or unwillingness to comply. the Purchascr shipments arc made foam greater distance. may cause the work to be perfumed by the most expeditious means available to it. and the Scllcr shall pay all cowls assooimcd with such mark. Permits. Seller shall procure at sellers sale cost all necessary pewits. certificates and licenses required by all applicable haws. regulations, ordinances and mles of the state, municipality. territory or political subdivision ahere the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller hmhce agrees to hold the Cityof For Collins hamdess from and against all liability and loss incurred by them by reason of an asserted or established vinhiirm of any such laws, regulations, ordinances, odes and requirements. Authorizalion. All panics to this contract agree that the representatives are, in fact, hones ride and possess fall and complete authority to bind said entics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the Isms and conditions stated herein set forth and any supplementary or additional arms and conditions annexed hereto ar inmrpo eted herein by reference. Any additional or different toms and conditions proposed by seller arc ubjcctcd to and hereby relcctel. 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 rant be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall opera c i s a waiver of this provision. In the event of any dclov, the Purchaser shall have, in addition to other legal and cgaitablc remedies, the option ofpineing this order dscwhefc and holding the Seller liable for damages. How e%er, the Seller shall not be liable for damages Its a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence. such act, of Gel acts of civil or militaryauthorities. governmental priorities. fires. strikes, flood, 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 last by reason of the delay. 3. WARRANTY. The Seller warrants that all good. articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/err 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 milar nature. The Seller agrees to hold the purchaser harmless from any has, damage at expense which the Purchascr may offer or incur on account of the Sellers breach of wamnty. The Seiler shall replace, repair or make good, withal cost to the purchaser, any defects or faults arising within am (I) year or within such longer period of time as nary he prescribed by law or by the terms ofany applicable warrants, provided by the Scllcr afar the dote of 2cecptanee of the goods famished hereunder (aacptanee not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of gtwds by the Purchaser shall not constitute a waiver ofany claim under this womanly. Except as cola provided in this purchase aide,, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wam. ntics or guarantees, but .such Iinhility shall in no event include loss of profits at loss of use. NO I P 1.1 ED WAR RA N'I'Y OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS, The Purchaser may make changes to legal rams by written change order. S. CHANCES IN COMMERCIAL TERMS. The Purchascr may make any changes to the toms, other than legal terms, including additions to or deletions from the 9m:antities mi,ma fly ordered in the s,scrifmcatinns or dmwviagc, by verbal or w fit Iva change nrdcr. If any such change affects the amount due or the time nfperfomance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written chance order, terminate this agreement as to any or all portions of The good then not shipped, .subject to any equitable adjustment hemeca the parties as to any ,work or materials then in progress provided that the Purchaser shall not be liable far any claims for anticipated prefmts on the uncompleted portion of the goods and/or work, fro incidental or consequential Mmagcs, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers .standand steel. No such termination shall rel icvc the Purchascr or the Seller of any of their obligations as to any goods dal I%card hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim far adjustment most be asserted within thirty (30) days from the date the change or temnination is adered. 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 arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this character arc hereby incorporated herein by this reference. The Scllcr agrees to indemnify and hold the Purchascr hamilms foam all costs and damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither potty shall assign, transfer. or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller want at., 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, resetertions. security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any liar from all liability and claims of any mare resulting from the performance ofsach work. This release shall apply even in the even) of fault of negligence of the party released and shall extend In the direme. afrccrs and employees ofsach party. The Seller's contractor] obligations, including wam, any, .shall not he deemed to be reduced, in any way, because such work is Performed or caused to be performed by the Parchner. 14. PATENTS. Rnccnewr (be Seller is required to use any design, device, malarial or process covered by letter. patent, tmdanark or copyright, the Seller shall indemnify, and save harmless the Purchascr from any and all claims for infringement by reason of the use of such patenled design, device. material or process in cmnneetien with the contract. .and shall indemnify the Pamha cr for any cast, expense or damage which it may be obliged to pay by reason ofsach infringement it 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 snit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller .shall, at its can expense and at its notion, either procure for the Purchascr the right to continue using ,,at equipment or parts, replace the same with substantially equal but noninfringing equipment. at modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the bcncft of creditors. appoint a receiver or trustee for any of the Sal lets property or business, this order may Farrow i1h be canceled by the Pumhaor without liahilirv. 16. GOVERNING LAW. The definitions oftcrnms used or the interpretation afthc agreement and the rights of ill ponies hereunder shall be construed tinder and governed by the Imes ofthe State of Colorado, USA. The following Additional Condition apply only in eases whore the Seller is no perform work hereunder. including the services of Scllcrs Rcpmontativc(s), on the ramlms of nthcrs. 17. SELLERS RESPONSIBILITY. The Seller shall eery on said work at Sallee, own risk until the same is fully completed and accepted. and shall, in case of any nee ideal. destruction at injury to the work and/or materials before Scllcev final completion and acceptance, complete the work at Seller's men 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, amend. ,fare and handle some at the site and become responsible thcrcfor as though such materials and/or equipment were being furnished by the Seller mulct the order. I S. INSURANCE. The Seller %bar. at his am expense provide for the payment of morkers compensation, including occupational disease henefits, 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 comprehensive general linhiliy, including, but not limited to, contractual and automobile public liability inxnmnce with bodily imary and dcmh limits arm Icnxn S300,000 for any nc person. S500.000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require ]its contractors. if any, to provide for such connpernsatien and insurance. Before any of the Sellers or his contractors employees shall do any work noon the pmniiwv ofothcrs, the Seller 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 dote when such compenmoma and insurance expires. The Scllcr agrees that such cmmpeo,mion and insurance shall be maintained until after the entire work is completed and accepted, 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hcrchv a,sunw%the entire responsibility and liability for any and ,It damage. lass an injury ofany kind or nature whatsoever to persons or property caused by or rcolting from the c ecalima Mthe work provided for in this purchase order of in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Parchaiwo, 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 progeny to which the Purchaser may be put or subject by reason of any net. actin, neglect, omission or default on the part of the Seller, any of hit. contractors, or any of the Sellers or contractors officers, agents or employees. In case any snit or other proceedings shall he brought against the Purchaser, or its officers. agent or enmployccs 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 err their officers, agents or employees as aforesaid, the Seiler hereby agrees to assume the defense thereof and to defend the same at the Scllcrs own expense, to pay any and all casts, 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 officers. agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the pmpcm' ofthc Purchascr, at said panics in or as a result ofsach snits weather pmcec, ings. the Seller will at once cause the s.me In be dissolved and discharged by giving bond or otherwise. The Scllcr and his contractors shall take all safety Preeaatins. famish and install all guards necessary for the prevention of accidents. comply with Ill laws nd 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