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HomeMy WebLinkAbout110508 FRONTIER TRUCK EQUIPMENT - PURCHASE ORDER - 9123163City of art Collins Date: 05/31/2012 PURCHASE ORDER Vendor: 110508 FRONTIER TRUCK EQUIPMENT 7167 E 53RD PLACE COMMERCE CITY Colorado 80022-4828 PO Number Page 9123163 left This number must appear on all invoices, packing slips and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 05/31/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price U Omaha Std SB13D54VH Utility body per quote 45632 1 LOT Attn: Manuel Valdez Dept: Water Utilities Body to be mounted on an F-550 chassis, reg cab, 4x4, 165" WB, on order from Soradlev Barr in Fort Collins. 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 LS 31,119.21 m Total $31,119.21 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchasc Ordcr Tcrms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions By turn, the City of FUn Collins is exempt floor state and local taxes. Our Excerption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 944400597 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 transit, may be returned to you for credit and arc not to be replaced except upon receipt of oritten instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of dhe terms and conditions hereof. failure Or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acecptnnce of or payment for goods hereunder or approval of the design, shall not release the Seller of any of the w'rrmntics or obligations of this purchase aNer and shall not be deemed a waiver array right of the purchaser to insist upon strict performance lerenf err any of its rights or remcdics as an any such goods, regardless of when shipped, received or accepted, as to may prior or subscqucat default hereunder, nor shall any purpnord Oral modification or rescission of this purchase order by the Purchaser operate as a waiver of tray of the terms hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 11 ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. Howccer. it is to be nnd,r,tood that FINAL Seller and the Purchaser recognize that in actual economic practice overcharges resulting fmm antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection pmcedurev violations are in fact battle by the Purchase, 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 new have or hereafter Freight Teals. Shipments must be F.O.B., City of Fort Collins, 700 Wood St.. Pon Collins, CO 80522. unless acquired Under federal or state antitrust laws for well overcharges relating to the particular goods or services otherwise specified on this order. If loomision is given to portray freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. hill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers hove distributing points in carious parts of the country. shipment is If the Purchaser directs the Seller In correct nonconforming or defective goods by u date to be agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will be declacted front Invoice when Purchaser and the Sells,, and the Seller theraa0cr indicates its inability or unwillingness to comply', the Purchaser shipments are made from greater dislance. may cause the work to be performed by the most expeditions means available to it and the Seller shall fire all costs associated with such work. Permits. Scllcr shall procure at sellers sale cost all necessary permits, ecnifica cs and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, territory or political suNin ision ohere the work is perfomedd, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fun Collins hamdes from and against all liability and dos incurred by them by reason of an nsened or established violation of any such laws, regulations, ordinances, odes and requirements. Authorization. All parties to this contract agree that the representatives are. in fact, bona fade and posses fall and complete authority to bind said panics. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the mean; and conditions stated herein set fenh and env supplementary or additional toms and conditions annexed heron Or incorporated herein by reference. Any additional or different terms 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 date as noted. Time is of the essence. Delivery and performance must he effected within the firm stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial laic deliveries, shall operatc as a waiver of this prevision, In the event ofanv delay. the Purchaser shall have, in addition to other legal and equitable remcdics, the option of placing this order elsewhere and holding the Seller liable for damages. [however, the Seiler shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which am beyond its reasonable central and without its fault of negligence, such acts of Ord, acts ofcivil or military authorities, governmental priorities. Gres, strikes, flood, epidemic'. 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 Just 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. a. WARRANTY. The Seller warms that all goods, articles, materials and work covered by this enter will conform with applicable drawings, specifications, samples and/or other descriptions given, will he fit for The purposes intended. and performed with the highest degree of care and competence in tweerdenec with accepted standards f r work of a similar nature. The Scllcr agrees to hold the purchaser harmless from any loss. damage or expense which the Purchaser mny'suffer or incur on account of the Sellers breach of wamnry. The Seller shall replace, repair or make good. withent cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of timers may be prescribed by law or by the terns of any applicable wamnry provided by the Seller after the date of acceptance of the goods furnished h rmander (acceptance not to be unreasonably delayed). resulting front imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofanv claim under this warranty. Except as othm%ise pans idcd in This purchase order, the Sellers fability hereunder shall extend to a1I damages persimatcly caused by the breach of any of the foregoing es am. runs. err guarantees, but .such liability shall in no treat include loss of profits or dos of tr c. NO 11\ I PLI ED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANCES IN COMMERCIAL TF,RATS, The Purchaser may make any changes to the terms, other than legal terms, including addifians to or deletions farm the 9uantines, originally ordered in he specifications or drawing, by verbal n vriucn change order. If any such change affects the amount due or the time ofpolomance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrinen change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment houecn the panics as to any work or mterials then in pmgres provided that the Purchaser shall not be 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 cf dhc Seller with respect to any good which arc the Sellers standard stock. No such termination .shift] relieve the Purchaser or the Seller ofany of dhcirobligations 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 temoration is onlcmd. R. COMPLIANCE WITH LAW. The Seller armms that all I m cts sold hereunder shall hove been produced, sold, delivered and furnished in strict compliance, with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required In effect or evidence compliance. All laws and regulations requited to he 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 Scllcrs failure to comply with such law. P. ASSIGNMENT. Neither party shall assign, transfer. or convey this order, or any monies due or to beetne due hereunder without the prior written consent of the other party. 10. TITLE, The Seller warrants full, clear and Unrestricted title to the Purchaser forall equipment, materials and items famished in performance of this agnomen, free and clear of any and all liens, restrictions, rescrvatioas. .security interest encumbrances and claims of others. The Set to shall release the Purchaser and its eat tractors of any tier fmm all liability and claims of any nature resulting from the performance ofsneh work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, oRccrs and cmplovecs of such party. The Sellers contractual obligations, including wamnry, shall not he devoted to be reducnl, in any way. because such work is performed or caused to be Performed by the Purchaser. 14. PA TENTS. Whenever the Seller is acquired to use any design, device, material or process covered by letter, fiction, trademark or copyright, The Seller shall indemnify and save harmless the Purchaser fmm any and all claims for infringement by reason of the Use of such patented design, device, material or pmress in ennnectimt will, the contract. and shall indemnify The Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringeoicat at any time during the pmsecmion or after the completion of the work. In ease said equipment, or any part 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 pmeare for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so if becomes mainfringing. 15. INSOLVENCY. If The Seller shall become insolvent or bankrupt, make an assignment for The boors of creditors, appoint a meci%er or trustee for any of the Sd lom m,perry or busi revs, this order may furdwi th be canceled by the Purchaser without I tbi lity. 16. GOVERNING LAW. The ddinilions of terms used or the interpretation ofthc agrccmcal and the rights ofall parties hereunder shall be construed ender and governed by the laws of the Slate of Colorado, USA. The follmving Additional Condition, apply only in cases where the Seller is In perform work hereunder, including the services of Rollers Rcpresentntive(s), ern the premises ofethcn. 17. SELLERS RESPONSIBILITY. The Seller shall carry on aid walk at Seller's man risk Until the same is fully completed and accepted, and shall, in ease of any accident. destruction or injury to The work and/or materials before Seller's Final completion and acceptance, complete the weak at Seller', man expense and To the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller. the Seiler shall receive unload, store and handle time at the .site and become ecapansihlc therefor as though such materials matter equipment were being furnished by the Seller under the order. I R. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease bone Fits. to its employees employed on or in connection with the work cevacd by this purchase order. and/err to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehcusivc general liability including, but not limited to, contractual and automobile public l inbility insurance with bodily inimy and death limits of at least $300,000 for any one Person. S500.006 far 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 conmpenation and insurance. Before any at the Sellers or his contractors employees shall de any walk upon the premises of others. the Seller shall furnish the Pumhnzer with a certificate that such compensation and insurance have been provided. Such cerificates shall specify the date when such compensation and insurance have been pmvidcd. Such certificates shall specify the date when 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 DAMAOFS. The Seller hereby assumes the entire responsihility and liability for any and all damage, loss or injury artery kind or nature whalocco to persons or pmpenv caused by m esulting From the exeeulion Of the week provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchasef and any or all of the Purchasers officers, agents and employees front and against any and all claims losses, damages, charges or expenses, whether direct or indirect. and %whether to pctsons or property, to which The Purchaser may be put or subject by reason of any act, anion. neglect, omission or default on the part of the Seller, any of his contractors, or any of The Sellers or contractors officers-, agents or employees. In ease any snit or other pmecolings shall be bought against the Purehnso, ran its Ofuecrs, agents or employees at any lime on aceonat er by reason of any act, action, neglect, amissin l or default of the Seller array of his contractors or any of its or their officers, agents ar employees as aforesaid, the Seller hereby agrees to asame the defense thereof and in defend the same of the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incumd 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 lion be placed upon or obtained against the property of the Purchasc, or aid parties in or as a result Ofsuch suits or other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or commise. The Seller and his contractors shall take all .fiery precautions, furnish and install all gourds necessary for the prevention of accidents, comply with ,It laws and regulations with regard to safety including. bill without limitation, the Oceupalional Safety and Health Act of 1970 and all rules and reg2dations issued pursuant ductile, Revised 03/2010