Loading...
HomeMy WebLinkAbout113024 MCCANDLESS TRUCK CENTER LLC - PURCHASE ORDER - 9123010PO PURCHASE ORDER 912301er Page City Of 123010 1 of z Fort Collins This number must appear /+ on all invoices, packing slips and labels. Date: 05/22/2012 Vendor: 113024 MCCANDLESS TRUCK CENTER LLC 16704 E 32ND AVE AURORA Colorado 80011 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 05/22/2012 Buyer: JAMES HUME Note: replacement for 2286 Line Description Quantity UOM Unit Price Extended Ordered Price 1 IH 2O13 7500 SBA 6x4 per 5-22-12 quote and CDOT truck award. Attn: Ron Wasinger Dept: Water Utility Coordinate delivery of chassis and title documents with Fleet Services, 970-221-6613, Joe or Eric. 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 1 LOT LS 103,808.00 Total $103,808.00 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 Team state and local taxes. (bit Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry R4-6(1005R7 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in hansit, may be mourned to you for credit and arc not to be replaced except upon receipt of written instructions from the City of Port Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. II. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof. failure or delay to exercise any rights or remedies provided hcrcin or by Imo, failure to promptly notify the Seller in the event of a breach, the acceptance offer payment for goods hereunder or approval of the design, shall not release the Seller of any of the wartanties or obligations of this purchase order and shall not he deemed a waiver of any right of the purchaser to insist upno strict performance hercof nrany of its rights or mmedics as many such goods. regardless of when shipped, received or accepted, as to any prim or subsequent default hereunder. nor shall anv purported mad modification or rescission of this purchase enter by the Purchaser operate as a waiver of any of the terms hereof. Final Acceptance. Receipt of the merchandise. 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 Fan Collins. Hosscver, it is to be understotxl that FINAL Seller and the Purchaser recognize that in actual economic practice. overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations arc in fact borne by the Purchaser. Theretofore for good cause and as consideration for executing this purchasc order, the Seller hereby assigns to the Purchaser any and all claims it cony now have or hereafter Freight Tcrms. Shipments most be F.O.B., City of Fen Collins. 703 Wood St. Fen Collins, CO R0522, unless acquired under federal or state amitnrsl 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 or acgmiretl by the Purchaser pnrnmnt to this purchase order, hill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCI IASF.RS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where m inufacturcrs 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 nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and fl, Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made front greater distance. may cause the work to be performed by the most expeditions means available to it, and the Scllcr shall pay all costs associated with such work. Penmoi. Seller shall pmeure at sellers side cost all necessary permits. certificates and licenses required by all applicable laws, regulations. ordinances and rules of the state. municipality, territory car political subdivision where The work is performed, or required by any other duty constituted public authority having jurisdiclion over the anrk of vendor. Seller further agrees to hold the City of Fort Collins harrnlec from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulation,. nnlinanees, rules and requirements. Authorization. All parties to this contract agree that the representatives ass. in fact bona tide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terra and conditions annexed hereto or incorporaled herein by reference Auv additional or different terms and conditions pmpesed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedimcly if yen cannot make complete shipment In furtive on your promised delivery date as noted. Tim, 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 ofpanial late deliveries, shall opeatc as a waiver of this prevision. In the event of any delay. the Purchaser shall have, in addition to other legal and can itable remedies, the option of placing This order elsewhem 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 arc beyond its reasonable control and without its fault of negligence, such acts of find, acts ofcivil or military authorities, governmental priorities. foes. strikes. Bond, epidemics wars or rims provided that notice of The conditions causing such delay is given to the Purchaser within five (5) days ofthe 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 ofthc delay. 3. WARRANTY. The Seller warrants that all good. articles, materials and work covered by this order will confirm with applicable drawings, specifications. samples and/or other descriptions given, 'rill be fit for the purposes intended, and pert rrned 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 fmm any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of wmmnty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults musing within one (1) year of within such longer period of time as may be prescribed by law or by the terms ofany applicable aarmnty provided by the Seller after the date of acceptance ofthe goods furnished hereunder (acceptance not to be unreasenably delayed), resulting front imperfect or defective work done or materials firmished by the Seller. Acceptance or use of good by The Pmrrehascr shall not constitute a waiver ofany claim under this wamnty. Except as olhemise provided in This purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of The foregoing wamnties or guarantees, but such liabilityshall in no event include Inc ofprofits or loss of use. 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 wrincn change order. 5. CHANGES IN COM bI ERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, can equitable adjustment shall be made. fi. TERM [NATIONS. 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 ceptitable adjustment bcb'cen the parries as to any work or materials then in progress provided that the Purchaser shall not be liable for tiny claims for anticipated profits can the uncrunploed portion ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect lorry goods which arc the Sellers standard stock. No such termination shill relieve the Purchaser or the Seller ofany oftheir obligations as to any goods delivered hereunder. 7. CLAINIS FOR ADJUSTMENT. Any claim for adjustment must he asserted within thirty (30) days from the date the change or termination is ordered. R. COMPLIANCE WITH LAW, The Seiler warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in .strict compliance with all applicable laws and regulations to which the grads 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 be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs 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 without ahc prior written consent ofthe other party. 10. TITLE. The Scllcr warmnts full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in perfommance of this agreement, free and clear of any and all liens, restrictions, rcsenationa scanty, interest enca ndoma"s and claims of others. The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature resulting fmm the perfnmmnce of such work. This release shall apply even in the even of fault of negligence of the parry released and shall extend to The directors, Mf¢crs and employees ofsneh party. The Scller's contractual obligations, including warranty, shall not be deemed to be reduced, in any sway, because Such work is performed or caused to be performed by The Purchase, 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save hamdcss the Purchaser from any and all claims for infringement by reason of the use M 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 he obliged to pay by reason of such infringement cat any time during the prosecution or after the completion of the work. In case said equipment, at any part thereof or The intended use of the goods, is in such suit held to consulate 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 pans, replace the same with substantially equal bill noninfringing egnipnment or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make no assignment for the benefit of creditors, appoint a receiver or trance for any of the Sellers property or business. this order may forthwith be canceled by the Purchaser without liability. I& GOVERNING LAW. The definitions of aemrs used or the interpretation ofthe agreement and the rights efull parties hereunder shall be constmcd under and gnvcmed by the Imes ofthe State of Calomdo, USA. The fallowing Additional Conditions apply only in cases .,where the Seller is to perform work hereunder, including the services ofSellers Reprcsentntive(s), can she premises of Nhcrs. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Seiler's 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 materials before Se11ces final completion and acceptance, complete the work at Scller.a own expense and to the satisfaction ofthe Purchaser. When materials and equipment arc famished by others for iastallatinn or erection by the Seller. the Seller shall receive unload. .,lure 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 shall, at his own expense provide for the payment of workers compensation, including occupational disease henefls, to its employees employed on or in connection with the work covered by this purchasc order, and/or to their dependents in accordance with The lows tithe state in which thc'ork is to be done. The Seller shall also carry comprehensive general liability including. but not limited to. contactual and mrtnmet ale Public liability insurance with bodily injury and dcmh limits of at (cast S300t000 for any one person, 5500,010 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 wort, upon the premises ofedirm, the Scllcr shall fumish the Purchaser with a ectificmc that such ammpe unflim and insurance have been provided Such ceni ficatcs shall specify the date when such compensation and insurance have been provided. Such certificates shall specify The date when such compensation and insurmce expires, The Seller agrees that such compensation and insurance shall be maintained until ancr 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, of any kind or nature admasocva to persons or pmperty caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify mood hold harmless the Purchaser and any r 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 svM1ethcr to persons Or property to which the Purchaser may be put or object by reason of any act, action, neglect, omission or default on the pan ofthe Seller, any of his contractors, or any of the Sellers or contactors officers, agents or employees. In ease any suit or other proceedings shall be hrought against the Purchaser, or its effects, agents or employees at any time on account or by reason of any act, action, neglect. omission or default of the Seller of any refits contractors or any of its or their effects, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the some at the Sellers own expense, to pay any and all costs, charges, atnmcys 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 npan or obtained against the pmperty of the Purchaser, car said Parties in or as a result of such snits or other pmcccdings. the Seiler will as 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 mles and regulations issued pursuant thereto. Revised 0312010