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HomeMy WebLinkAbout110508 FRONTIER TRUCK EQUIPMENT - PURCHASE ORDER - 9122564PURCHASE ORDER 912256er Page PO City Of 122564 ' °f 2 ' 6rt Collins This number must appear on all invoices, packing slips and labels. Date: 05/02/2012 Vendor: 110508 FRONTIER TRUCK EQUIPMENT 7167 E 53RD PLACE COMMERCE CITY Colorado 80022-4828 Ship To: FLEET SERVICES - MAIN SHOP CITY OF FORT COLLINS 835 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 05/02/2012 Buyer: JAMES HUME Note: 2011B lease purchase Line Description Quantity UOM Unit Price Extended Ordered Price Nissan NV van interior upgrade 1 LOT EA 4,003.94 per quote 45463 Adrian van components, Attn: Manuel Valdez City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, 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: 94 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tars exemptions. By statute the City of Fan Collins is exearpt fmm state and local taxes. Our Exemption Number is 11. NONWAIVER. 99-04502. Federal Excise Tax Exemption Certificate of Registry 94-6000587 is registered with the Collector of Failure of the Purchaser In insist upon strict performance of the terns and conditions hereof, failure or dclav to Internal Revenue, Denver, Colorado (Rcf. Colorado Revised Statutes 1973. Chapter 39-26. 114(a). exercise any rights or remedies pmvidcd herein or by law, follow to promptly notify the Seller in the event of a breach. the acceptance nfor payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to mtct specifications, either when shipped or due to defects of any of the m-mounies or obligations of this purchase order and shall not he deemed a wniver of any right of tire. damage in transit. may be renamed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance herenfor any ofits rights or remedies as to :ray such goods, regardless instructions Tom the Citv of Fort Collins. of when shipped. received or accepted, as to any prior or subsequent default hcrcnndcr. our shall any purported nml modification or rescission of this purchase order by the Pnmhascr operate as n wniver of any of the terns Inspection. GOODS arc subject to the City of Fort Collins inspie inn on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF AN'I-ITRUS'r CLAIMS, militarized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCC is dependent upon completion ofe11 applicable required inspection pracdures. violations arc in fact brine 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 or hereafter Freight Terms. Shipments must be F.O.R.. City of Fort Collins, 700 Wood St., Fun Collins, CO 80522, unless acquired under federal or slate antitrust Imes for such overcharges relating to the particular goods or servers otherwise specified oa 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 arde, bill must accompany invoice. Additional charges for packing will ant be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing Points in varimns parts of the country, shipment is Hihc Purchaser directs the Seller to correct nonconforming or defective good by a date to be agrccd upon by the expected fmm the nearest distribution point to destination. and cscm freight will be deducted from Invoice when Purchaser and the Scllcr, and the Scllcr thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made form greater distance. may cause the work to be performed by the most expeditious means available to it. and the Seller shall Pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all amessary permits. certificates and licenses required by all applicable Imes, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is perfumed, or required he any other duly eomoibut d public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins hamdess fmm and against all liability and loss incurred by them by reason of an asserted err established violation of any such laws. regulations, ordinances, rules and requirements. Authnrixulion. All parties to this contract agree that the rcprescroukcs arc. in fact bona fide and possess full anti complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein .set frith and any supplementary or additional terms and conditions annexed hereto or incorpnmtnl herein by reference. Any additional or different temu and conditions proposed by seller are objected round hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on you promised delivery date as noted. Time is of the essence. Delivery and pefomance most be effcctcd within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate u a waiycr fthis prm'isiom In the event arms, delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However. the Seller shall not be liable for damages as a resub of tldayx due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fnnll of negligenw, such acts of Gnd, acts fcivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or .rims provided that notice of the conditions emusing .such delay is given to the Purchaser within five (5) days of the lime when the Seller first received knowledge thereof. In the event of any such delay. the doe of delivery shalt he extended for the period equal to the time actually lost by reason ofthc delay. 3, WARRANTY. The Seller wamnts that all goods, articles, materials and work covered by this order will crnfnm with applicable drawings, specifications, samples and/or other descriptions given. will be In 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 hamlcss fmm any los, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty _ The Seller shall replace, repair or make good. withon 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 law or by the toms ofeny applicable wr mnN provided by the Scllcr a0cr the date of acceptance of the good furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials fnmishcd by the Seller. Acceptance or use of coed by the Purchaser shall not constitute a wailer of any claim under this womaty. Cxcepi as othrnvise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamnfcs or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR M PRO IANTAIIILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. Cl IANGES IN LEGAL TER -IS. The Purchaser tray make changes to legal tans by written change order. 5. CHANGES IN COMMERCIAL TERMS, The Purchaser may make any changes to the toms. other than legal Isms. including additions to or deletions from the comokiea originally mdcivd in the a,scifc.max or dalmings, by verbal or no an change vale'. If any arch change affects the amount due or the time of perfomta cc hereunder, 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 portions of the goods then not shipped. subject to any equitable adjustment between the panics as to any wnrk or materials then in progress provided that the Purchaser shall no he liable for any claims for anticipated pmlits on the unconlplemil portion of the good and/or work, for ineidenal or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any goods which arc the Sellers standard stock. No such termination slmll relieve the Purchaser or the Seller ofany ofthcir obligations as to nny goods delivered hcrcnndcr. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days form the date the change or temrinalion is ordered. R. COMPLIANCE WITH LAW. The Seller wamnts that all goods sold hereunder shall have been produced. sold. delivered and furnished in strict compliance with all applicable laws and regtdmitms to which the good are subject. The Scllcr shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incerpanted in agreements of this character are hereby incorporated herein by this refcrcncc. The Scllcr ngnes to indemnify and hold the Purchaser harmless form all costs and damages nufamd by the Purchaser as a result of the Scllcrs failure to comply with such law'. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order. or any ninnies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Scllcr ssamat, full, clear and unrestricted title to the Purchaser for all equipment materials, and items furnished in perfnmance of this agreement, five and clear of any and all liens. restrictions, res nations, security interest cocumbnnccs ttnd claims ofothcrs. The Seller shall release the Purchaser and its contractors of any tier from all linhility and claims of any nature resulting franr the perfomnnm of such work. This release shall apply cvon in the event of fault of negligence of the party rcicnsed and shall escort to the directors. officers and employees ill such Party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way. because such work is performed or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to towlay design, device, material or process cnacrel by letter, patent, trademark or copyright. the Seller shall indemnify and save hamdess the Purchaser fern now and all claims for infringement by reason of the use of such pateuted design, device, material in on" , in connection with the contract. send 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 a0cr the completion of the work. In ease said equipment. or any part thcmof or the intended use of the goods, is in such snit held to consulate infringement and the use of said equipment or pan is enjoined. the Seller shall, at its owe expense and at its option. either procure for the Purchaser the right to continue using said equipment or pans replace the more with substantially equal but noninfringing equipment, nr modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shop become insolvent or bankrupt make as assignment for the bcncfit of creditors, appoint a receiver or trustee for nny of the Sellers property or business. this order may fbrthw'i th be car arched by the Pmchascr without linhility. 16. GOVERNING LA W. The dein itions of terms used or the inuapreation of the agreement and fire rights of all panics hcramder shahI be construed under and governed by the laws of the State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Seller Representatwe(s). on the pmmiscs nfnlhcn. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in else of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, oulazd. store and handle same it the site and becomes responsible thcrcfor as though such materials and/or equipment were being furnished by the Seller under the order. IA. INSURANCE. The Seller shall, at his mvn expense, pmvido for the payment of workcm compensation, including occupational disease henefnts, 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 Imes of the state in which the work is to he done, The Seller shall also carry comprehensive general liability including, but not limited to. contractual and automobile public liability insurance with bodily injury awl death limit, of at least 5100,090 for any me person. S500,000 for any one accident and properly, damage limit per accident of S400.000. The Seller shall likewise require his contractors, if mw. to provide for such compensation and insurance. Refire any of the Sellers or his contractors employees shall do uny svmk upon the penises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance hive been provided. Stich certificates shall specify the date when such compensation and insurance hive been provided. Such certificates shall specify the date when such compensation and insunnee expires. The Seller agrees that such cennpensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAh1AGF—S. The Seller hereby nssunres the entire responsibility and liability for ate and all damage. Inns m injury of nny kind or nature mhmsocver to persons or property caused by rr resulting from the execution ofthc work provided for in this purchase nrlcr or in con nnectioa herewith. The Seller will indemnify and hold hnrniless the Purchaser and any or all of the Purchasers o0iecn, agents rand cmployccu from and against any and all claims. Insscs, dmmacs, charges or expenses. whether direct or indirect, and whether In persons or pmpemy In which the Purchaser may he put or subject by reason of any act, action, neglect, omission or default on the part of the S01er, any of his contractors or any of the Scllcrs or controcmrs officers, agents or employees. In ease any snit or other Proceeding, shall be brought against the Purchaser, ar its oReers, 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 eontneton or any of its or their officers, agents er employees as oforesaid, the Seller harems agrees to ram utrc the defense thcmof and to defend the same at the Sellers town expense, to pay any and all costs, charges, attorney, fees and other expenses any and all judgmcats that may he incurred by or obtained against the Purchaser or any of its or their officers. ,agents or employees in such snits 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 be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation. the Occupanimal Safety and I Ieellh Act of 1970 and all rules and regulatima issued parmmrt thereto. Revised 0312010