HomeMy WebLinkAbout113024 MCCANDLESS TRUCK CENTER LLC - PURCHASE ORDER - 9141710Fort Collins
Date: 03/25/2014
PURCHASE ORDER
Vendor: 113024
MCCANDLESS TRUCK CENTER LLC
16704 E 32ND AVE
AURORA CO 80011
PO Number Page
9141710 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: FLEET SERVICES - MAIN SHOP
CITY OF FORT COLLINS
835 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 03/24/2014 Buyer: DOUG CLAPP
Note: LP 2013B
quote/state bid
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 2015 7400 SFA 4x2 (SA525) 1 LOT EA 92,415.00
proposal# 16354-01
dated 2/26/14
per Ron Wasinger '
Dept: Streets
contact: Eric or Ian
ph# 970-221-6613
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
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:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Ternis and Conditions
Page 2 of 2
I. COMMERCIALDETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt rrom state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-60W587 is registered with the Collector of
Interval Revenue, Denver, Colorado (Ref. Colomda Revised Standen 1923, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defetts of
damage in transit, may M retumed to you for credit and are not to M mplared except upon receipt of serious
ham Lions from the Cityof Fon Collins.
lropectian. GOODS are subject to the City of Fiat Collins inspection on arival.
Final Acceptance. Receipt of the merchandise, services or equipment in rapome to this order can .ult in
authorized payment on the pan of the City of Fran Collins. Hoavrva, it is to M understand that FINAL
ACCEPTANCE is dependent upon completion Ofall applicable mamired inspection procedures.
Freight Terms. Shipments most M F.O.B., City of Fort Collins, 7M Wood St., Pon Collins, CO 80522, unless
othewis, specified on this Order. If permission is given to prepay freight and change separately, the original freight
bill most accompany invoice. Affiliated charges for Perking will rut M OrMted.
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is
expected from the modest distribution point to destination, mad excess freight will be dedueted form Invoice when
shipments are mode Tom greater diameter.
Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all
applicable laws, regulation,, ordinances and roles of the state, municipality, mainly or political subdivision where
the work is performed, or required by any other duly constituted public authority having poisdiclion over the work
of vendor. Seller fisher agrees to hold the City of ran Collins harmless from and against all liability and loss
incurred by them by reason of an warned or established violation of any such laws, regulations, ordinances, mles
and corporation..
Authorization. All panics to this contract agree that the representatives are, in fact, From fide and possess NII and
complete authority to bind said panics.
LIMITATION OF TERMS, This Purchase Order muessly limits acceptance to the terms and conditions stated
Indent set forth and any supplaremary or additional moms and conditions annexed hereto or incarpomed herein by
refamce. Any additional or difilrrent teens slid conditions proposed by seller are objected to and hereby jVmL
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENTimmediately ifyou cannot make complete shipment to arrive on your
promised delivery date its noted. Time is of the essence. Delivery and performance must be effected within the time
sated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limimlim, acceptance dpani.l [ate deliveries, shall opemm as a waiver ofthin provision. In the event army delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option diplamg this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not M liable for damages as a result of delays
due to causes not reuorably foreseeable which am beyond its reasonable control and without its fault of negligence,
such acts of God, arts of civil or military authorities, governmental priorities. fires, strikes, Hood, epidemics, wars or
nots provided that notice of the conditions causing such delay is given to the Pmuchood within five (5) days of the
time when the Seller fin, received knowledge thereof. In the rem of any such de]ay, the date of delivery shall M
extended for the period equal a fire time soundly lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all goads, miclaa, maleriak and work covered by Nis order will conform aids applicable
drawings, specifcations, samplers sultan other descriptions givm, will be fit for the proposes intended, and
Performed with the highest degree of eve and competence in accordance with ar mavil standard for work of a
similar nature. The Seller agrees to Mid file purchaser harmless f any loss, damage or expense which tM
pmduread may su@r or incur as account of the Sellers breach of.ty. The Seller shall replace, repair or make
good, without cat to the pardoner, any defects or bruit rasing within one (1) year or within such longer period of
time as may M preacribed by law or by the temp army applicable summary provided by the Seller after the date of
acceptance of the goods famished Mrtmmder (acceptance not to M mu overnably delayed), resulting from imperfect
or defective work done or materials famish d by the Sella. Acceptance or use of goads by the Purchaser shall not
onditut, a waiver of any claim under this wamnty. Except in otherwise provided m this purchase order, the Sellers
liability hereunder shall amM to at I damages proximately caused by the breach of any of the foregoing warrdmies
or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCI IANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any ch:mwe nit the terms, ether than legal teams, including additions I. or deletions from
the madams inquailly ordered in the sped tirmiona at dmwougs, by verb.[ or written throw ortler. If any such
change affects the amuma due or the time of perfumance hereunder, an equitable adjustment shall be made.
6. TERM] NATIONS.
The Purchaser may at any time by written change order, terminate this agreement az ro any or all ponions of the
goods then not shipped, subject to any equitable adjustment between the panics as to any work or mammals then in
progress provided that the Purchaser stall not M liable for any claims for anticipated profits on the uncompleted
portion of the good coupon work, for incidadal or comaluential damages, and that no such adjustment be made in
favor of the Seller with respect le any goods which are the Sellers standard stock. No such termirdtian shall relieve
the Purchaser or the Seller army ftheir obligations as to any guests delivered hereunder.
Z CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be aamned within thirty (30) days fmm the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller wamJnis that all goods sold hereunder shall have been produced, sold delivered and perished in smut
compliance with all applicable laws and regulations to which rise good are subject The Seller shall execute and
deliver such documents as may M minimal m effect Or evidence compliance. All laws and regabrim s "ui ed to M
incorporated in agreements of this character are hereby incopanmed herein by this refemoce. The Sella agrees to
indemnify and hold fire Purchaser hmmless from all cods and damages suffered by the Purchaser as a resnlr of lac
Sellers failure or comply with such law.
9. ASSIGNMENT.
Neither party shall assign, vansfer, or worry this order, or any monles due or to become due hereunder without the
prior written common of tM other putty.
10, TITLE.
The Seller commands full, clear and unmtrided title to file Purchaser for all wuipmmt wommak, arW items famished
in performance of this agreement fro am clean of any aced oil Item, nsnictions, res-ormrrs, semrity a.,.,
encumbrances and claims afothers.
11. NONW IVER.
Failure of the Purchaxr o insist upon stria performance of the toms and conditions hereof, failure or delay to
dcadian any rights or remedies provided herein or by law, failure or promptly notify the Seller in the event of a
breach, the acceptance ofor payment for gook hereunder or approval afthe design, shall not release the Seller of
any of the watranti s or obligations of this purchase order and shall not M thermal a waiver of any night of the
purchaser so initial upon amid pert mice Indoor or any of its rights or remedies as to any such ponds,regardless
of when shipped received or accepted, as to any prior or subscqumt default halloo ea am shall any paryoned
onl modification or mention of this purchase Order by the Purchaser operate m a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller mal the Purchaser rtognize that in arm.] economic practice, overcharges resulting from antitrust
violation, are in fact bore by the Purchased. Thmnof sm, for good macs end as consideration for exwvting this
pardons, order, the Seller hereby assigns to Ne Purchaser any and all claims it may now have or hereafter,
acquired under f rderal or state antitrust laws for such overcharges relating to the particular good or services
purchased or acquired by the Purchmm pursuant to this pumhase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser dimes the Seller to correct nonconforming or defective goods by a date to M agreed upon by the
Purchaser and fire Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchn,er
may cause the work to be Japanned by the most expeditious means available to it, and the Seller shall pay all
was msocimcd with such work.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any monam
resulting from the performance of such work.
This release shall apply even in the event Of fault of negligence of the parry released and shall extend to the
directors, oR¢rs and employees of such party.
The Sellers camracmal obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or crossed to be pVlorn and by the Purchaser.
14. PATENT S.
Whenever the Soler is required ra use my design, device, material or process covered by [error, patent, trademark
or copyright, the Seller sbal I indemnify and save harmless the Puo:ha¢r from any and all claims for infringement
by reason of the use of such patented design, device, material or process in connection with dse 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 now said equipment, or
any part thereof or the intendml use of the goods, is in such suit held to constitute infringement and the use of
said wuipanda or pan is enjoined, the Seller shall, at its awn expense and at its option, either prwure for the
Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but
.nominating equipment, or modify it so it becomes noninfnimgmg.
15. INSOLVENCY.
If the Seller shall become insolvent at bartkmpt 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 be attracted by the
pmaohsser wihom liability.
16. GOVERNING LAW.
Thc &f air .. of,. used an the interpreration Ofthe apreencent aM the rights of nll panics hereunder shall M
,..it aMer am lgoverned by the laws of the State ofC.I. a, USA.
The following Additional Condition, apply only in cases where the Seller is to perform work hereunder,
including the services of Sellars Represenutivea; on the premises ofodras.
17. SELLERS RESPONSIBILITY.
The Seller shall carry oa said walk am Sellers own risk until the same is fully completed and accepted, and shall,
in ass of any accident, damction m injury to the work and/or materials before Sellers final completion and
warrants, complete the work in Sellers own expense and to the satisfaction of the Purchaser. When materials
and wuipmem art famished by others red mandistion or election by the Seller, the Seller shall receive, unload,
some and handle same an the sim am become repairable therefor as though such materials and/or wuipment
were being famished by the Seller under the order.
18. INSURANCE.
The Seller stall, at his awn expense, provide for the payment of workers wmpensetion, including occupational
disease benefits, 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, conmcmai and automobile public
Iinto Iiry insurance with ba ily injury and Jcmh limits of at least $3W,000 for any one pennn, SSW,Wn for any
one accident and Property dame,, limit per accident of 5400,00g). The Seller shall likewise require his
contractors, if any, to provide for such compensation and normative, Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate
thin such wnmen,aion and insurance have been provided. Such aftificares shall specify the date when such
compensation and insurance have been provided. Such ce piste s shall specify the date when such compensation
and insurance expires. Too Seller agrees that such compensation and insurance shall be maintained until per the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby masumas the entire responsibility and liability for any and all damage, loss or injury army kind
r 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 Sella will indemnify and Mid harmless the Purchaser and any
or all of flue Purchasers oMedia agents and employees form aM against any and ell claims, bsscs, damages,
charges or expenses, whether direct or indirect, and whether to persons or progeny to which the Purchaser may
M put or subject by reran of any art action, neglect, omission or default on the pat of the Seller, any of his
contractors, or any of the Sellers or armoodors offii agents or employma In case any suit or other
proceedings shall M hmught against the Parehuer, or its office., age. or employees at any time on ad. or
by reason of any act action, neglect omission or default of dsc Seller of any of his contractors or any of its or
than officers, agents or employees as aforesaid, the Sella hereby agrees N wasume the defense thermf and or
defend the same at the Sellers own expense, to pay any and all toss, charges, m m :v fees and other apemen,
any and all judgments that may M imvmred by or obtained against the Purchaser or any of its or their olfccrs,
agents or employees in such suits or other proceedings, and in case judgment or other him be placed upon or
clammed against the property of the purchase, or said ponies or or as a result ofsuch suits or other proceedings,
the Sella will at once muse the some to M dissolved and discharged by giving Mad or otherwise. The Seller and
his contractors shall take all safety precaution,, famish and install all guard necessary for the prevention of
accident comply with all laws aM regulations with regard o safely including, but without limitation, tM
Ocapational Safety and Health Ad of 1970 aM all roles and regulations issued pursuant thereto.
Revised 03nO10