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HomeMy WebLinkAbout110508 FRONTIER TRUCK EQUIPMENT - PURCHASE ORDER - 9122655PURCHASE ORDER PO Number Page City Of 9122655 1 of z ' `tThis number must appear Collins1 on all invoices, packing slips and labels. Date: 05/07/2012 Vendor: 110508 Ship To: FLEET SERVICES - MAIN SHOP FRONTIER TRUCK EQUIPMENT CITY OF FORT COLLINS 7167 E 53RD PLACE 835 WOOD ST COMMERCE CITY Colorado 80022-4828 FORT COLLINS Colorado 80521 Delivery Date: 05/07/2012 Buyer: JAMES HUME Note: 2012A lease Line Description Quantity UOM Unit Price Extended Ordered Price Omaha Std Model 96V 1 LOT EA 5,985.00 with additional options per quote # 45267, Attn: Manuel Valdez Dept: Parks Body to be mounted on a 2012 Chevrolet 250OHD chassis, ordered with the box delete option from Dellenbach Chevrolet. Coordinate installation with Joe Lucero, Fleet Main Shop, 970-416-2477 Total $5,985.00 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email: purchasing@fcgov.com Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Tentls and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City effort Collins is exempt fruit, state and local taxes Our Exemption Number is 1 L NONWAIVER. 98-k4502. Federal Excisc Tax Exemption Ccnificatc of Registry 84-6000597 is regiened .with the Collector of Foilnrc ofthe Purchaser to insist upon strict pnfomranee of the terms and conditions hacof, failure or delay to Internal Revenue. Denver, Colorado (Refs Colorado Rocked Strome, 1973. Cho ue,39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the went of a breach, the acceptance of Or payment for goods hcrcunder m approval of the design, shall not release the Scllcr of Goods Rejected. GOODS REJECTED doe to failure to meet specifications, either when shipped or due to defects of any of the wamntics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance licomfor any of its rights or remedies as to any such goods. regardless insmcticns fen, the City effort Collins. of w$cn shipped, received or accepted. as to any prior or subsequent default hereunder, not shall any purported oral 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 Fort Collins inspection on arival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in respanse 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 resulting from antinrst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations are in fact horns by the Purchaser. Theretofore, for good cause and as considemtion for executing this purchase order. the Seller hereby assigns to the Purchaser any and all claims it may now have or lonexhcr Freight Terms Shipments must be F_O.B., City of Fort Collins, 700 Wood St.. Fort Collins, CO 90522, unless acquired under federal or state ontitmsl laws for such overcharges relating to the particular goods or service 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_ 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts 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 when Purchaser and the Seller, and the Seller thereafter indicates its inability munwillingness to comply, the Purchaser shipments are made From greater distance. may cause the work to be performed by the most exper itio iv means available to it. and the Seller shall pay all costs's"uciatCd with such work. Permits. Seller shall proeurc at sellers sole cost all necessary permits, certificates and licenses required by all applicable lams, regulations, ordinances and rules ofthe state. municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and Ins. incurred by them by reason of an asserted or established violation of any such laws. regulations, ordinances, ulcs 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 anv supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different toms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery data as noted. Time is ofthe essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of panial late deliveries, shall operate as a waiver of this prevision. In the event of my 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. However. the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofneghgence. such acts of God, acts ofcivil or military authorities, 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 lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all Cards, 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 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 the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, 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 terms of any applicable wamnty provided by the Seller after the date of acceptance of the good furnished hereunder (acceptance not to be unreasonably delayed), mvlt in, fmm imperfect or dcmctivc work done or materials furnished by the Seller. Acceptance or use of goods by the Purchascr .hall not constitute a waiver ofray claim tmda this wamnty. Except as otherwise provided in this purchase order, the SCI Iers liability hereunder shall extend to all damages pmximatcly caused by the breach of any of the foregoing worn ones or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR b1FRCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written chance order. 5. CHANCES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additinas to or deletions fmm the quantities originally ordered in the specifications or dmv,mgs, by verbal or written change order. If any such change affects the amount due or the time ofter(ormance hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at arc 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 parties as to any work or materials then in progress provided that the Purchaser shall not he 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 Sell,, wvith respect to any goods which are the Scllcrs 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 must be asserted within thirty (30) days from the date the change or termination is mdvox1 8. 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 regulations to which the goods are subject The Seller shall execute and deliver such dmuments as may be required to effect or evidence compliance All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm all costs and damages eufFcrcd by the Purchaser as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or ony movies due or to become due hereunder without the prior written consent ofthe other parry. 10. TITLE. The Seller worm, ms full, clear and unrestricted till, to the Purchascr for all equipment. materials, and items furnished in performance of this agreement free and clear of any and all liens, restrictions reservations security interest encumbrances and claims of others. The Scllcr shall rdeose the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance crouch work. This release shall apply even in the event of fault of negligence of the party released and shall extend In the directors, of i,co mud employees ofsuch pony. The Seller, contractual obligations, including wamnty, 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. Whenmor the Seller is required to use any design, device, material or pmccss covered by letter, patent, trademark or copyright, the Seller shall indemnify and save hnmlcss the Purchaser from anv and all claims for infringement by reason of the use of such patented design, device. material or process 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 goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, 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 but nnninfringing equipment, or modify, it so it becomes nonindi inging. . 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt, make an assignment for the benefit of creditors. appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith he canceled by the Purchaser, without liability. 16. GOVERNING LAW. The definitions cftcrms used or the interpretation ofthe agr ecment and the rights nfall parties hcrcunder shall be eomstncd antler and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in eases where the Seller is to perform work hereunder.including the services of Sellers Reprcsenmtive(s), cr the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall curry on said work at SCIICrs own risk until the same is fully completed and accepted, and shall. in case of any accident, destruction or injury to the work and/or nraterinls before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Parchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive. unload. store and handle same at the site and becone responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. IR. INSURANCE. The Seller shall, at his own expense, provide for the payment of wnrkcm compensation, including occupational disease bcnefis, 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 done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of of ]cast $3)0,000 for any one person. $500,000 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 preouses nfathers, the Seller shall famish the Purchaser with a ccnifieate that such compensation and insurance have been provided. Such ccnificatcs shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the dale wvlica 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. PROTECTION 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 harmless the Purchaser mud anv or all of the Purchasers 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 property to which the Purchaser may be put or subject by reason of any act. action. neglect, omfseina or default on the pan of the Seller, any of his contractors, or any of the Scllcrs or crmrnctors officers, agents or employees. In ease any snit or other proceedings shall be brought against the Purchaser, or it officers, agents or employees at any time on account or by reason of any act action, neglect omission or default of the Seller of ony of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Scllcrs own expense, to pay any and all costs, charges, attorneys fees and other expenses. any and all judgments that may be incurred by Or obtained against the Purchascr 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 Purchascr, or said parties 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 Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuant thereto. Revised 03/2010