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HomeMy WebLinkAbout110508 FRONTIER TRUCK EQUIPMENT - PURCHASE ORDER - 9142926Fort Collins Date: 05/22/2014 PURCHASE ORDER Vendor: 110508 FRONTIER TRUCK EQUIPMENT 7167 E 53RD PLACE COMMERCE CITY CO 80022-4828 PO Number Page 9142926 1of3 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: 05/22/2014 Buyer: DOUG CLAPP Note: 2014A Lease Purchase quote replacement on for new unit# 24095 Line Description Quantity UOM Unit Price Extended Ordered Price Aluminum Flat Bed 1 LOT EA 6,522.63 BadgerAB9W reference quote # 51823 dated 5120/14 per Manuel Valdez Aluminum Badger Platform AB9W 9ft x 96" FO 60"CA hitch w/ 2.5 receiver = $4,550.00 Tool boxes - Option # 2 (2) top side 18"x16"x45.5" (installed 1 street/ 1 curb) (1) under body box - 24"x24"x36.58" (installed 1 street side) Dept: Parks Contact: Ian or Eric ph# 970-221-6613 Deliver to: 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:purchasingQfcgov.com Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City of 914292642926 2 of 3 Flirt Collinshis number must appear //_^,,`�—`J-' 1 1 on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price Fort Collins, CO 80538 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.wrn Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fen Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502, Federal Excise Tax Exemption Certificate of Registry 84-W00597 is registered with the Collector of Failure of the Purcbaser to insist .,on strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26. 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for gas heennder or approval ofthe design, shall notreleau the Seller of Goods Rejected- GOODS REJECTED due m failure m net syecifirmions, either when shipped or due to defects of any of the warantiev or obligations of this purchase order and shall not be deemed a waiver of any night of the damage in union, may be remmed as you for credit and are not m be replaced except upon receipt of written purchaser 1.need ...... a, performance hereof or any of its rights or remedies cab to any such goods, unroNles instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor 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 are subject to the City of Fort Collins inspection on arrival. 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 Fart Collins. Ilmv s,, it is to be understood he, FINAL Seller mid the Purchaser recognize that in actual economic practice, overcharges resulting fi.m antifted ACCEPI'ANCEisdependentepon completion.[all applicablerequiredlnspeetionpmeeduras, violations are inNet borne by the Pomhaser.Thereamme for good cause and as consideration for executing this purchase order, the Sella hereby assigns to the Purcbaser any and all claims it may now have or hereafter Freight Terms. Shipments mum be F.O.B., City of Fart Collins, 700 Wood St, Too Collins, CO 80522, unless acquired under federal or state m itiost laws for snth overcharges relating to the particular goods or services .thew;,, spuiEed 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 parchase order. bill must accompany covert, Additional charges for packing will not be accepted_ Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution paint to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall pmcare at sellers sole cost all necessary permits, renificales and licenses required by all applicable awn, regetatlone, ordinances and roles ofthe state, municipality, mantory e political subdivision where the work is performed, or required by any other duly comforted public authority having jurivlicfion over the work of vendor. Seller Posher agrees to hold the City of Fort Collins harmless from and against all liability and loss arced by them by reason of me asserted or established violation of any such laws, regulations, ordinances, roles and requirements. Amthoriwtton_ All parties to this contact agree that the representatives are, in fact, bona fide and possess full and complete authority Id bind said parties. LIMITATION OF TERMS. This Purchase Order expressly Ifm e, acecptarme to the terns and conditions stated herein set form and any. supplementary or additional terms and ambitious annexed harem or ratermpead hereto by reference. Anyaddh.dal or different terns and conditions proposed by seller are objected to and hereby jetted. 2. DELIVERY. PLEASE ADVISE PURCI LASING AGENT imrmdiately ifyo t cannot make complete shipment to prove as put promised delivery date as mid. Time is of the essece. Delivery and performance most be effected within the fame stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of paninl late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to otter legal and repairable remedies, the option pf placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable far damages as a recall of delays due to causes not reasonably foreseeable which are beyond its reasonable around and without its fault of negligence, melt acts of God,." of civil or milimry authorities, go accom lal Riv nfies fires, strike,, 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 of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples enddr other descripbum 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 barmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of euranly. The Seller shall replace, repair or make good, without 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 terms of any applicable warmly provided by the Seller after the date of acceptance of the goods Emitted hereunder (acceptance not to be unreasonably delayed), remlting from imperfect or defective work done or materials famish d by the Seller Acceptance or use of goods by the Purchaser shall not constitute a waiverof any claim under this warranty. Except as otherwise provided in this p ffeLase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breads of any of the foregoing warranties or guarantees, but such liability shall in ao event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY, 4. CHANGES IN LEGAL TERMS. The Purchase may make changes,, legal terms by wrGec change oNer. 5. CHANGES IN COMMERCIAL. TERMS. The Purchaser may make any changes to the teats, other than legal terms, including additions tit or deletions Gam the quuntities originally ordered in the specifications or drawings, by verbal or moon change order. If any such change affects the amount due or the time of perfornance hereunder, an equitable adjustment shall be pride. 6. TERMINATIONS. The Pammase may at any time by woven change call terminate Ibis agreement as to any or all nucleus of the goods then not shipped, subject m any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted Italian cef the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor ruffled Seller with respect an any Goods which me the Sellers standard stock. No such terminmian shall relieve the Purchaser or the Seller of any ofthcir obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within dirty, (30) days from the date the change ar termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in sme, omplianee with all applicable Inca, and ippimians to which the gods are 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 sec rpomtd in agneements of Ihis character arc hereby incorporated herein by this reference. The Seller agrees to indemnity, and hold the purchaser harmless from all costs and damages suffered by be Purchase as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or b become due hereunder without the prior women consent ofthe other party. 10. TITLE. The Seller warrants full, clear and unrdempted toe an the Purchaser for all equipment, materials, odd items famished in per6turpere of this agreement, free and clear of any and all liens, restrictions, reservations, sbeauty imerest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE, OF SELLERS OBLIGATIONS. If the purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed Upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or Unwillingness to comply, the Purchaser may cans, the work to be performed by the most expeditious means available 1. it, and the Seller shell pay all costs associated with such work. 'the Seller shall release the Purchase and its contactors of any in, from all liability and claims of any rature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees o(such perry. The Seller's wntracua] aInk, iota, including worranty, shall net be deemed in be reduced, in any way, because such work is postponed or caused to be performed by the Purchaser, 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by lend, patent, tradenad or mpyrlght, the Salle shall indemnify and save harmless the Purchaser from any and all claims for infringement by ream. of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser foe In, cost, expense or damage which it may be obliged to pay by realm of such infringement at any time during the prosecution or after the completion of the work_ in rase said equipment, or any put thereof or the intended use of the goads, is in such suit held to constitute infringement and the use of said equipment or purl is enjoined, the Seller shall, at its ewe expense and at its option, either procure for the Purchatu the right in continue using said equipment or pans, replace the same with substantially equal but mismanaging equipment, or modify it so it becomes noninfringing. 15.INSOLVENCY. If the Seller ahall become insolvent or bankrupt, make an assgnmem for the benefit of creditors, appoint a e trusme for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The defirifires of terms used or interpretation refund agreement and the rights of all parties hereunder shall be compard under and gevemd by the laws ofthe State of Colorado. USA_ The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Remoscnmtive(s), on the promises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Settees own real, until the same is fully completed and accepted, and shall, in se of my prompter, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for inomplion or erection by the Seller, the Seller shall native, unload, store and handle same at the site and became responsible therefor as though each materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE The Seller shall, at his own expense, provide for the payment of workers wmpensmloo, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase offer, and/or to their dependents in accordance with the laws of the state in which the wort is to be dune. The Seller shall also carry comprehensive gromed liability including, but not limited to, commctual and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one person, $500,000 for any one accident and progeny damage limit per accident of S400,000. The Seller shall likewise require his contractors, if pay, to provide far such compensation and insurance, Before any of the Sellers or his contractors employees shall do any work on the promises of mhars, the Seller shall famish the Purchaser with a ce t,ficata drat such compensation and Insurance have been provided. Such ecnificares shall specify the date when such compensation and insurance have been provided. Such cenificates still epreif, the data when such compensation and insurance expires The Seller agrees that such compensation and insurance shall be maintained until after the entire week is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes floe more romemobllity and liability for any and all damage, lops or injury ofany kind or nature whatsoever to persons orpropmy caused by or resulting Gam the execution ohhe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers agents and employees from and against my and all claims, loses, 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, omission or default on the pan of be Seller, any of his anomalies, or any of the Sellers or contactors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser or its ofcem, 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 contactors or any of its or their affects, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof add to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be appeal by or obtained against the Purchaser or any of its or their offices, 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 Purchase, 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 diuhargd by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all gamed, 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 An of 1970 and all mles and regulations issued pursuant thereto. Revised 03R010