HomeMy WebLinkAbout113024 MCCANDLESS TRUCK CENTER LLC - PURCHASE ORDER - 9122284PO
PURCHASE ORDER 912228er Page
City Of9122284 ' of z
F^r} CollinsChis number must appear
,t-J`-' ` , tJ on all invoices, packing
slips and labels.
Date: 04/20/2012
Vendor: 113024
MCCANDLESS TRUCK CENTER LLC
16704 E 32ND AVE
AURORA Colorado 80011
Ship To: FLEET SERVICES - MAIN SHOP
CITY OF FORT COLLINS
835 WOOD ST
FORT COLLINS Colorado 80521
" 0-_� ( .
Delivery Date: 04/20/2012 Buyer: JAMES HUME
Note: 2012A lease -purchase
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Crane Carrier LET2-26
Crew cab chassis
1 LOT EA
per attached quote - Attn: Ron Wasinger
Dept: Traffic
Deliver invoice and title documents to:
Fleet Main Shop, 835 Wood Street, Fort Collins, CO 970-221-6613
" Note: Drop -ship chassis to EZ-Liner for body installation:
EZ-Liner Industries
1920 Albany Place S.E.
Orange City, IA 51041
Ph: 712-373-4016
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill 11, 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:
131,535.00
31
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 statute the City of Fort Collins is exempt from state and local taxes Our Exemption Number is 11 NONWAIVER.
9R-01502. Federal Excise Tax Exemption Certificate of Registry 91-00,110597 is registered .with the Collector of Failure of the Purchaser to insist upon strict pafnmanec of the tans and conditions hercrE failure or delay to
Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39 26, 114 (a). exercise any rights or remedies provided hcrcin or by law, failure to promptly notify the Seller in the event of n
breach, the acccp,encc ofor payment for goods hereunder or approval ofthe design. shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet srecifcaliotu, either when shipped or due to defects of any of The wamattics or Obligations of this purchase order and shall not be deemed a waiver ofany right of the
damage in transit, may be returned to you for rich, and arc not to he replaced except upon receipt of written Purchaser to insist upon strict performance hereof Or any of its rights of mOwdics as to any such goosk. regardless
insmction, from the City of Fun Collins. of ,whim shipped, received Or accepted, as to any Prior or subsequent default hereunder, nor shall any lampooned
oral modification or rescission of this purchase order by the Purchaser operate is a waiver of any of the terms
Inspection. GOODS are subject to the City Of Too Collins inspection an mr-bal. hereof.
Final Acceptance. Receipt of the mrrchindisc. scrviccs or equipment in response to this order can result in 1 L ASSIGNM ENT OF ANTITRUST CLAIMS.
authonsd payment on the part of the City of Tom Collins, Ibwvcvcr, it is to be Understood that FINAL Seller and the Purchaser recognize that in mind economic practice, overcharges resulting from antitmst
ACCEPTANCE is dependent upon completion ofall opplieahle required inspection pr cdurc,, violations arc in fact borne by the Parehascr. Theretofore. for good cause and as considcr.mmn for executing this
purchase order. the Scllcr hereby assigns to the Purchaser any and ill claims it may now have or hereafter
Freight Terms. Shipments must be F.O.H_ City Of Fen Collins, 700 Wood St.. Fun Collins. CO 90522, unless acquired under federal or state antitmst laws for such avcrcbirgcs relating to the particular goods Or seniors
o(hcovise .specified on this order. If perrnission is given to prepay freight and charge separately, the original freight purchased or acquired by'the Purchaser pursuant In this purchase order.
hill must accompany invoice Additional charges for packing will not be accepted.
13. PURC14ASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing points in various pans 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 from the forest distribution point to destination, and excess freight will be deducted Rom Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchnuer
shipments arc made from greater distance. may cause the work to be pMOmcd by the most expeditious means available to it. and the Seiler shall pay all
costs associated 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 falls of the state. municipality. ternmry of political uNi%ision where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the stork
Of vendor. Scllcr further agree, to hold the City of Fart Collins harmless from and against all liability and Ina
incurred by (hem by reason of an asserted or established violation of any such laws, regulations, ordinances. talcs
and requirements.
Authorim(im,. All panics to this contract agree that the representatives are, in fact, born fide and possess full and
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchasc Order cxpressv limits acceptance to the terms and conditions stated
hcrcin set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference Any additional ordiRerent terns and conditions proposed by seller are objected trend 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 ofthe essence. Delivery and performance must be effected within the time
stated on the purchase Order and the documents amzched hereto. No acts of the Purchasers including, without
limitation, acccpmnec of Partial Iatc deliveries, shall operate nn a wniver of this provision. In the event ofany, delay,
the Purchaser shall have, in addition to other Icgal and equitable remedies, the option ofplaeing this onlcr elsewhere
and holding the Seller liable for damages. Howwcvm. the Seller shall not be liable for damages as a result of delays
due to causes not reasonably fires, ceabic which arc beyond its reasonable control and without its fault ofnegligence,
such acts of God, acts ofcicil or military mahontics. governmental priorities, fires, strikes, Mond, epidemics. wars or
tints poi, ded that notice of the conditions causing such delay is given to the Purchasc, within fee (5) days Of the
time when the Scllcr first received knowledge thereof. In the event ofany such delay, the date of delivery shall be
extended for the period equal tube time actually lost by rasom of thc delay.
3. WARRANTY.
The Seller warrants that all goods, articles materials and work covered by this order will confiun, with applicable
drawings, speei film ions. samples and/or other descuptiens 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
similar nature. The Seller agrees to hold the purchaser harmless from any loss. damage or expense which ,Ire
Puchaser may stiffer or incur on account of the Sellers breach of warranty. The Scllcr shell replace, repnir or make
good. without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of
time a, may be prescribed by law or by the terns of any applicable warranty provided by the Scllcr after the date of
acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed). resd,ing from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of good by the Pumhascr shall not
constitute a waiver ofany claim under this warranty. Execpt as mhcnwise provided in this purchase order, the Scllers
liability hereunder shall extend to all damages proximmcly caused by the breach of any of the foregoing wmmatics,
or guarantees. but such liability shall in no event include roc of profits or Ions of use. NO IMPLIED WA RRANI'Y
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
d. CHANGES IN LEGAL TERMS.
The PUahaser 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 ,emu, including additions to or deletions min
the quantities originally ordered in the specifications car dmwing,, by rental Or written change coder. IIatry such
change affects the amnum In, or the film of Pcrf rmance hereunder. ran equitable adjustment shall he n ads.
6. TERMINATIONS.
The Purchnscr may at any time by wrimn change onlce terminate this agreement as to any m all portions Of the
goods then not .shipped, ,object to any equitable adjuonacm bctwcen the panics as to any ,work or megrims then in
pregTcss provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
Portion of the good and/or work, for incidental or consequential damages, and that no such adius,mert be made in
favor of the Seller with respect to any grads which arc the Sellers standardstock. No such termination shall relieve
the Purchnscr or the Seller ofany of their obligations as many goods delivered hacunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be assent within thirty (30) days man the date the change or nomination is
ordered.
R. COMPLIANCE WITH LAW.
The Seiler w'amants that all goods sold hereunder shall havc been pmduecd. sold. delivered and famished in strict
compliance with all applicable laws and regulations to which the goods TO, subject. The Scllcr shall execute and
deliver such document ns may be required to effect nrevidenee compliance. All laws and regulations required to he
incorporated in agreements of this character are hereby incorpnm,ed herein by this reference. The Seller agrees to
indemnify and hold the Purchaser hnmles fmm all costs and damages suffered by the Purchaser is a remlt of the
Sellers fnihue to comply with such law.
9. ASSIGNMENT.
Neither party shall assign. transfer, m convey this order, or any monies due or to become due hereunder without the
prior written consent of the other parry.
10. TITLE.
The Seiler wamnts full, clear and unrestricted tide to the Purchaser for all equipment, materials, and items famished
in performance of this agreement, free and clear of any and all liens, restrictions. reservations security interest
encumbrances and claims of mhcrs.
The Seller shall niche the Puohascr and its contractors of am tier from all liability and claims ofany nature
resulting from the perfnmance ofamh work.
This release shall apply even in the event Of Endl of negligence of the party released and shall cxlend to the
dim,mrs. Officers and employees of such party.
'rhe Seller's contractual obligations, including wnmudy. shall not be deemed to be reduced, in any way, because
such work is performed or caused to be per(nnned by the Purchaser.
14. PATENTS.
Whenever the Seller is required to u.sc any design device, material or process covered by letter. Patent mademnrk
or copyright, the Seller shall indemnify and save hnrmless the Purchaser from any and all claims for infringcmmnt
by reason of the use of such patented design den iee, material Or Process in Connection .with the contract and
shall indemnify the Purchaser for any cost. expense or damage which it maybe obliged to pay by reason ofsach
infringement at any time during the proscmnion Or after the completion of the work. In ease said equipment or
any par, thcrcof or the intended use of the goods, is in such snit held to constitute infringement and the Use of
said equipmem or pan is ratified. the Seller .shall. at its own expense and at its option, either procure for the
Purchaser the right to continue using said equipment or parts, replace the same with substantially equal hot
anninfringing equipment comodify it sat it becomes noninfringing.
15. INSOLVENCY.
If the Sd Ic, shall become insolvent Or hndompl, rake an assigmmcnt for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers property or business, (Iris order may forthwith be aaccicd by the
Purchnscr without liability.
16. GOVERNING LAW.
the &I'mi,inns ofunif, used or the in(emretn,ion Ofthe igrecmcnt and the rights ofill panics hermmder shall be
construed under and governed by the Inws of the State of Coloo do, USA.
The following Additional Conditions apply only in cases olmm the Seller is to perform work hereunder.
including the wrviecs of Scllcrs Represctdfdvc(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seiler shall carry on said work at Seller" own risk until the some is fully completed and accepted, and shall.
in case of any accident, destruction or injury to the mark and/or materials before Seller's final completion and
acceptance, complete ,he, work at Scllcr, own expense and to the satisfaction of the Purchaser. When materials
and equipment arc famished by Others for ins,allatien or erection by the Seller, ,he, Seller shall receive, admid.
store and handle same 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 Seller ,hall. at his own expense, provide for the payment of n'orkem compensation, including oceupminnal
disease herds. 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 dens. The Seller
shall also any con,prchensive general linhility, including, but not limited to, coniracmnl and automobile public
liability in,urane with rndily injury and dealh limit, ref cal bast 530n,000 for any one prison, 5500,000 for any
one neeiden( and property damage limit per mcidcn, of S400,000. The Seller shall likewise requite his
contractors, if any, to provide for such eontpcn,aron and insurance. Bef n, any of the Sellers or his enmractars
employee, shall de any ,nrk Upon the pigmies nfo,hers, the Seller shall furnish the Pnmha,envith a cenificam
(hot such compensation and insurance have been provided. Such certificates shall specify the date when such
compensation and insurance havc horn provided. Such eenifrcntcs shall specify the date when such eompensotirm
and insurance expires. The Seller agrees that such emmpensation and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby mSUTUT5 the entire renpnnsihiiity and Iinbility for any and all damage loss or injury ofany kind
Or nature whr uoover to persons or property caused by or resuing ltfrom the executinn afthc 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 Pumhasers oRcco. agents and employees fmm and against any and all claims, losses, damages.
charges car cxpensis. whether direct or indimcl, and whether in persons or property to which ,hc Pumhuser may
be put Or s,Aiect by mason of any act. action, neglect omission or default on the pan of the Seller, any Of his
contractors. or any Of the Seller, or cummclor, nlficers, agents or employees. In case any suit or other
proceedings shall be hmught igain,t the Purchnscr, or its oificco, agent or employees at any time on account or
by reason of any act action, neglect, omission or defiall of the Seller of any of his contractors or any Of it, Or
their oRcem, agents or employees its aforesaid. the Seller hereby mces to assume the defense thereof and to
defend the wm, it the Seller, Own exPen,c, to pay nay and all cots, charges, attorneys fees and Other expenu<,
any and all judgments that mtay be incurred by or ohtiined against the Purchaser or any car its or their Officers.
.agents or employees in such suits or other proceedings, and in ease judgment or other lien be placed upon or
ohmined against the property of the Purchase, on said parties in or as a result of such suits or other pmeeedings.
,he Seller will at once cause the same to he dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety prernations, finish and install all guards necessary for the prevention of
accident. conply with all Imvs and regulations with regard to safety including. bat without limitation, the
Occupational Safety and Health Act of 1970 and ill mles and regulations issued pursuant theme.
Revised 032010