Loading...
HomeMy WebLinkAbout102572 ALTEC INDUSTRIES INC - PURCHASE ORDER - 9122455City of art Collins Date: 04/27/2012 Vendor: 102572 ALTEC INDUSTRIES INC 641 TELLURIDE ST AURORA Colorado 80011-7818 PURCHASE ORDER PO Number Page 9122455 1of2 This number must appear on all invoices, packing slips and labels. Ship To: FLEET SERVICES - MAIN SHOP CITY OF FORT COLLINS 835 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 04/27/2012 Buyer: JAMES HUME Note: 2012A lease purchase Line Description Quantity UOM Unit Price Extended Ordered Price Altec AT37G aerial device 1 LOT EA 61,066.00 per quote 179716-1 attn: Kolby Obrien Dept: Traffic Deliver completed unit to: Fleet Main Shop, 835 Wood Street, Fort Collins, CO 80521 970-221-6613, Joe or Eric Body to be mounted on a 2012 Ford F-550 on order from Spradley Barr Ford, Fort Collins. Contact: Paul Phillips, 970-226-3673 C3. O✓l<-�ssL� 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 $61,066.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONtVAIVER, 98-0-1502. Federal Excise Tax Exemption Cenifiate of Registry R4-6000587 is registered with the Collector of Failure of the Purchaser in insist upon strict performance of the mints and conditions hereof. failure nr delay to I MconaI Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify 0m Seller in the event of a breach, the acceptance of Or payment for good hereunder or approval of the tics ign, shall not release the Seller of Goods Rejected. GOODS RFJECTED due to failure to meet specifications, either when shipped or due to defects of nny of the oamantics or obligations of this purchase order and shall not be deemed n ten ivcr Of any right of the damage in transit. may be returned in you for eralit and arc not to he replaced except upon receipt of wrinen purchaser to insist open stria performmnee herenf or any of its rights Or remedies as in any such goods. regardless instructions Final the City of Fort Collins. of when shipped. received Or accepted. as in any prior or subsequent default hereunder, nor shall any purported oral mndifirmion or rescission of this purchnsc order by the Purchnscr operate as a wsiver of any Of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this ,it,, can result in 12. ASSIGNMENT OF AN"1'I FRUST CLAIMS. authorized payment On the pan of the City of Foe Collins. However. it is to be undetstond that FINAL Scllcr and the Purchaser recognize that in actual economic practices orcmbm,,cs resulting from antitrust ACCEPTANCE is dependent upon completion o(all 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 in the Purchaser any and all claims it may now have Or hereafter Freight Tems Shipments must be F.O.N.. City of Fort Collins. ',M Wool St_ Fort Collins. CO 90522. unless acquired under federal or state antitrust Imes for such overcharges miming In the purtieulnr guods Or services othrnvise specined on this order. If permission is given to ptcpay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase unde, bill most 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 excess freight will be deducted from Invoice ,,hen Pnrchascr and the Scllcr, and the Seller thereafter indicates its inability orumvilliagnex, to comply, the Purchaser shipments arc made fmm greater distance. may cause the work to be performed by the merit expeditious means available in it and the Seller shall pay all costs a..ucimed with such work. Pcmtits. Seller shall pmcurc at .sellers .sole cost all necessary permits, ecrtifieetes and licenses required by all applicable laws, regulations. ordinances and rules of the state. municipality, territory or political subdivision whcrc the work is perfomted, or required by any other duly continued public authority having jurisdiction over the work of vendor. Seller timber agrees to hold the City of Fen Collins hamlcss from and against all liability and It,,, incurred by them by reason of an asserted or estrinhOwd violation of any such Imes, reg ]minus, onliumces. rule, unit mgvircumnts. Aothrountion. All panics to this contract agree that the representatives are. in fact, bans fide and posse:, full and complete authority to bind mid panics. LIMITATION OF TERMS. This Purchase Older expressly limits acceptance to the tans and conditions stated herein set fnnh and any supplementary or additional Isms and conditions annexed hereto or incorporated herein by reference. Any additional or diffcnmt tcmw and conditions proposed by seller arc objected to and hereby reiccled. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedintaly if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is of the essence. Delivery and perfomtance must he effected within the time stated an the purchase order and the dmoomms attached heron. No acts, of the Purchasers including, without limitation, acceptance offertial late deliveries, shall operatic as a waiver ofthis provision. In the sisal nfany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. Hosscecr. the Seller shall not be liable for damages us a result of delays duo In causes not reasonably foreseeable which are beyond its reasonable control and without its fault of ncgligenec, .such acts of God acts of civil or military ma mritice governmental primitics, fives, strike,, hood. c,udcnu,,, ss:ars or riots provided that notice of the conditions causing such delay is given to the Purchaser within live (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the dots of delivery .shill be extended for the period equal to the time actually lost by reason ofthe delay. 1. WARRANTY. The Seller wmmnts that all good,. articles, materials and work covered by this order will conform with applicable drawings, specifications, samples andfor other descriptions given, will be GI for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standznts for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss. damage or expense which the Purchaser may suffer or incur on account of the Sellers botch of svamnty. The Seller shall replace, repair Or make good, without cost to the purchaser, any defects or faults arising within one (1) ya. or within such ]urger period Of time as may he prescribed by law or by the tans o(any applicable warrants, provided by the Seller aner the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably deli resulting fmm imperfect Or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall net constitute a wniscr Offaly claim under this warranty. Except as otherwise pmvided in this purchase order, the Sellers liability hcrcnnder shall extend to all damages prnximntdy envscd by the breach o(any of the foregoing wnm noes Or goaranlccx, but such liability shall in no event include Ins, Ofpmfits ar loss of u,c. 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 wrinen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tams. Other than legal temvs, 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 affect the amount due or the time Ofperfomaucc hereunder. an equitable adjustment shall be made. 6.'TERMINATIONS. The Purchaser may at any time by written change under, terminate this agminuent as to any Or all poninns of the goods then not shipped, subject to any equitable adjustment henvecn the parties as to any work Or material then in pan,,, Provided that the Purchaser shall ram be liable for any claims for anticipated pmfits on the uncompleted portion of the goods andfor work, for incidental On consequential damages, and that no such adiusfmcnt he 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 odjustnrevt must be asserted within thirty (30) days from the date the change or lermimttion is Ondcwd. R. COMPLIANCE WITH LAW. "[he Seller wamnts 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 are subject. The Seller shall execute and deliver such documents as may be required to effect orcvidence compliance. All laws and regulations required in be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify, and hold the Purchaser hamiless fmm all crisis and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pany shall assign, transfer, or convey this order. or any monies due or to become due hereunder withnut the prior written consent of the other party. 10. TITLE. The Seller wmmnts fill], clear and unrestricted title to the Purchaser for all equipment materials, and items furnished in perfoa m ace of this agreement, free and clear of any and all liens, restrictions, msemminns, .security interest encumbrances and claims of others. The Scllcr shall release the Purchaser anti its cmrtnctors of any net from all liability and claims of any nature resulting fmm the perfounmec ofsueh work. Thip release shall apply even in file event Of gulf of ncgligenec of the ,it, m?,u,cd and shall extend to the diremars. OfEccrs and employees nl such party. The Seller', contractual oblignimm , including wamnry, shall not be deemed to he reduced. in any way, because such work is perfomcd or cmrced in he perforated by the Purchaser. 14. PATENTS. Whenever the Scllcr is required to use any design, device, material or process "voted by ICRer, 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 pmemcd design, device. material Or pol in connection with the contract. and shall indemnify the Purchnscr for any cost, expense or damage which it may be obliged to pay by reason o(s ch infringement at any time during the pmseeution Or xner the completion of the work. In ease said equipment of any part thereof or the intended use.of the goods, is in such snit held to constitute infringement and the use of said equipment or part is enjoinal. file Seller shall, at its tarn expense and at its option, either pmcurc for the Purchaser the right to continue using said equipment or part, replace the same with substantially equal but nnninfringing equipment. or modify it to it becomes mainfringing. 15. INSOLVENCY. If the Seller shall become insnlvnn Or bmukmpt, make an assignment for the benefit of coodoo, appoint a receiver or trustee for may of file Sellers Propcny, or business, this order may forth,, lh be canceled by the Purchnscr without liability. 16. GOVERNING LAW. The definition, offcrms used Or the interpretation ofthc acrecriont and the rights ofall panics hereunder shall be consumed under and governed by the laws of the State of COlomdO. USA. The following Additinnal Conditions apply Only in cases where the Seller is to perform work hereunder. including the services O(Sellers Represcmmive(,), ran the premi,es ofmhers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on slid work ni Sellers own risk until the came is fully completed and accepted, and shall, in case of any accident, deslmcfion Or injury to the work andfor materials before Scllcrs final completion and acceptance, complete the wink at Seller's own expense and to the satisfaction of the Purchnscr. Mown materials and equipment arc furnished by others for installation or erection by the Seller. the Seller shall receive, unload. store and handle same of file site and become responsible therefor as though such mswrials and/or equipment were being furnished by the Seller under the order. 19. INSURANCE The Seller shall, of his non expense, provide for the payment of Oorkcm anmpcnsafion, including occupational disease benefit. to its employees norloycil on or in connection with the work entered by This purchase order. and/or to their dependents in accordance with the laws ofthe stale 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 liability insurance with hMily injury and death limits of at least S300,000 for any one Pinson. S500.000 for any one accident and pmpenv damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and inmome, Before any of the Sellers of his cormactors employees shall do any wurk ninon the premises of Othca. 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 pmvided. Such certificates shall specify the dote when such compensation and insurance expires. T'he Seller agrees that such atmp nom ion and insurance shall be maintained until after the entire wOrk is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby nsmmcs file entire responsibility and liability for any and ell damage, Ins, or injury ofnny kind Or nature whatsoever to persons Or property cnacd by Or re,olfing fmm the execution of the work pmvided for in this purchase order Or in connection herewilh.'File Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers Officers, agent,, fall employers front and against any and nil claims. losses, damages, charges Or cxpca,es, , miher direct Or indirect, and whether to persons Or propery to it f o, purchaser may be put or subject by reason of nit. nelion, neglect. omission or default on 0w pun of the Seller, any of his contractors, or any of the Scllcrs or contractors Officers, agents or employees. In ease any suit or other proceedings shall be brought against the Pnrchascr, or its oRecrs, agents or employees at any time on icroart or by reason of any net, action, neglect omission or default of the Seller Of any of his contractors or any of it or their officers, agents or employees as ifnrcc id, the Seller hereby agrees to assrmm the defense thereof and to defend the same at the Seller' own expense. In pay any and all costs, 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 suit 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 or other proceedings. the Seller will at once cause the same to he dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall fake all safety prcenmions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regtdntions with regard to safety including, hill without limitation, the Occupational Safetyand Health Act of 1970 nod all mles and regulations issued personal it ... do. Revised 03/2010