Loading...
HomeMy WebLinkAbout110508 FRONTIER TRUCK EQUIPMENT - PURCHASE ORDER - 9144203PO PURCHASE ORDER 914420er Page CI�/ of PURCHASE 9144203 1 of 2 ' `t Collins Ins This number must appear �.I ` on all invoices, packing sli s and labels. Date:. 07/23/2014 Vendor: 110508 FRONTIER TRUCK EQUIPMENT 7167 E 53RD PLACE COMMERCE CITY CO 80022-4828 Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 07/23/2014 Buyer: DOUG CLAPP Note: per state bid Line Description Quantity UOM Unit Price Extended Ordered Price t 2 Ea - Omaha Truck Bodies for F550's ref. quote dated 7/8/14 per Manuel Valdez Parts - $34,000.00 Labor - $4,500.00 $38,500 Each Dept: L&P contact: Ian or Eric 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 1 LOT LS 77,000.00 Pay terms net 30 days 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. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Om Exemption Number is I L NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registrant with the Colledm of Failure of Ne Posecbaser to insist upon sme, onfirem. of the 1. and manions hereof failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Sta rms 1973, Chapin 39-26, 114 (a), exereix any rights or remdies provided herein or by law, failme to promptly notify the Seller in the event of a breach, the acceptance offer payment for goods hereunder w approval ofthe design, shall am release the Seller of Goads Rejected GOODS REIECTED due m failure m meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in damn. may be resumed to you for credit and are not to he replaced except upon receipt of wagon purchaser to insist upon strict performance hertofor any of its rights or demedies as to any such good, regardless ..arms Gem dim City of I. Collins. of when shipped, received or accepted, as to any From or subsequent default hereunder, rear shall any puryarted mat modification or mscission of this purchase order by the Pmchawr 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. au laraixed voymenr on the pan of din Ciry of Fort Coll.. However, a is to be aderstood that FINAL Seller and the Pmrchaser recognize not in actual evoinawark, practice, overcharges resulting fmm antitrust ACCEPTANCE is dependent upon completion of all applicable ma siard inspection procedures. violations arc in fact bumc by We Porchutt. Theretofore, for goad cause it as consideration fro executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood SL, Fart Collins, CO 80522, unless acquire under federal or smite antitmst laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and clmrge 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 vareas Puns of the country, shipment is Ifthe perchance direcrs the Seller to correct nonconforming m defective good by a date as be agree upon by the rapeseed farm the nearer distribution Poim as deninaim, and excess freight will be deducted fmm Invoice when Purebaser and the Sellen and the Seller damage, indicates its inability or unwillingness to comply, the Purchaser shipments we made from greater distance. may cause the work to be performed by the most expeditions means available to it, and the Seller shall pay all vests assaciard wide such work. Formula. Seller shall procure at sellers .to cost all necessary permits, comfirstes and ]to. require by .11 applicable laws, regulations, embroiders ad roles of the state, municipality, territory or political subdi ision where no work is performed, or require by any other duly caustimted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Collins harmless fmm and against all liability and loss incurred by them by reason of an restated or established violation of any such laws, regulations, ordinances, roles and requirements. Audmnsarim. All panics as this r sence, agree that the representatives are, in first, hour fide and possess full add complete authority to bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated bonds set forth and any supplementary ,, additional terms and conditions annexed hereto or recoryomted herein by reference. Any additional or different erms and conditions prepared by seller art objected to and hereby rejedd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou canner make complete shipment an arrive on your promised delivery date as noted. Time is of the essence. Delivery vnd performance must be effected within the time stated on the purcbax order and the documents arched hereto. No acts of the Purchasers includin, without limitation, uncertain, of partial late deliveries, shall operate as a waiver of this provision. In the event ofany delay, the Purchases shall have, in addition to when 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 combat and without its fault of negligence, such is of0ad, is ofcivil or military authorities, governmental priorities, f s, strikes, Flood, epidemics, wars or dots provide that notice of the condhiom causing such delay is given to no Purchaser within five (5) days of the time whrn the Seller first receive knowledge thereof In the runt of any such delay, the date of delivery shall he extended for the period equal 10 the have actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all good, aaicles, materials and wort: covered by this order will conform with applicable drawings, specifications, samples carbon other descriptions given, will be fit for the puryoses intended, and performed with the highest degree of rare and competence in accordance with acn,pne standard her work of a i oular came. The Seller agrees an hold the purchaser hamilesc from any loss, damage or expense which the provision may su@r m inem on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost in she purchaser, any defects or faults arising within one (1) year or within such longer period of time a may be preonbed by law m by the arms Offaly applicable waumnry provided by the Seller after the dam of acceptance of the good fimishd hereunder (accrpance not to be tmuevwsably delayed), resulting fmm imperfect or defective work done or materials Banished by the Seller. Acceptance or use of goods by no Purchaer shall not ortstimte a waiver of any claim under this warranty. Except as otherwise provided in ads prombase order, Ne Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of he foregoing warmnrie, or guarantees, but such liability shall in no 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 Purchaser may make changes to legal to. by wrinen change order 5. CHANGES IN COMMERCIAL TERMS. The Purchase may make any changes in the remits, other than legal marks, including additions to or deletions from the cicatrices originally ordered us the spttifirwions of drawings, by verbal or wdo— Own, order. If any such change aRec s the amount due or the time.f,erformarann, hereunder, an rquitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may vt any time by women change order, terminate this agreement as m any or all rumens of the good then not shipped, subject to any equitable adjustment between the parries as to any work or maenals then in progress provided Out the Purchaser shall not b, liable for any claims for anticipated profits on the wwmpletd person of the goods an/bor work, for incidental or consequential damages, and Out no such adjustment IN, made in favor of the Seller with roped to any good which art the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for culminating most be assent within Wire, (30) days firm she date fhe change m remtiwfion is ordered. 8. COMPLIANCE WITH LAW. The Seller wort c u that all goods sold hereunder shall have bttn produced, sold, delivered and fumishe in strict compliance with all applicable laws and regulations m which the good are subject The Seller shall execuse said deliver such documents as may be required ro effect or evidence compliance. All laws and regulations formed to be incorporated as agreements of Nis chemder are hrrcby incorporated herein by this ref rice. The Seller agues to indemnify and hold the Purchaser harmless fmm all owes and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, reactor, or convey this order, we any umnies due or to become due hereunder without he ,no, town. consent of the order party. Ill. TITLE. The Seller waromers full, clear and unmmidd time of the Purchaser for all equipment, masenals, and items fumishe N poff ngri of this agreement, fare and clear of my and all lien, restrictions, deservaaom, surel interest encumbrances and claims ofodem The Seller shall release the Paramour and its contractors of any tier firms all liability and claims of any nature resulting from the performance ofsuch work. This release shal I apply even in the event of fault of negligence of the parry released and shall extend to the direcars, omcers and employees ofsuch party. The Sellers contractual obligations, including wamanry, shall not be deemed in be reduced, in any way. becomes, such work is Performed or wused w late performed by are Purchaser. 14. PATENTS. Whenever the Seller is required to use any deign, device, material or process covered by letter, patent, trademark or copyright, the Seller shot indemnify and save harmless the Furniture fmm any and all claims for infringement by mown of de, use of such patented design, device, material or process in connection with to contract, and shall indemnify the Pumhnser for any cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or alter the completion of the work. In case said equipment, or any pan thereof or the intended use of the good, is in such war held to mnshoute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and A its option, either procure for rise Purchaser the n,hr to ronrinuo using said equipment or parts, replace the same with smarmandly equal but noninGnging equipment, or modify it an it beromes noninfringing. 15. INSOLVENCY. If We Seller shall become insolvent or morn t make an assignment for the benem of creditors, appoint a receiver or trusser for any of the Sellers property or business, this order may forthwith Is, canceled by the Purchaser without liability. I& GOVERNING LAW. The definitions crowns used or the interymtatium of the agreement and the rights of ell parties hereunder shall b, command under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in oases where the Seller is to pert work burewdm, including the service of Sellen RepreaenutivHs), on the premise ofathern. 17. SELLERS RESPONSIBILITY.' ' The Seller shill carry oa said work at Sehrea nun risk our the same is fully completed end accepted, vnd shall, in we of any accident, destruction or injury to the work corder materials before Sellers fwl completion and acceptance, complete the work at Sellers own expense and to tie, satisfaction of the Purchaser. When mammals and equipment are ftunished by orlon, for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being fumishd by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the printout of workers compensation, 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 alw carry comprehensive genemi liability including, bur net limited ro, mntmctud and automobile public liability in.,, with bodily injury and death limits of err least S300.00a for any one person, S500,000 for any conaccident and property damage limit per acndonn of $400,000. The Seller dull likewise acquire his traction, U air. in provide for each compensation and insurance Before any riche Sellers or his contractors employees shall do any ..,it aspen the promises of others, the Seller.sh ill furnish the Purehoer with a certificate that such compensation and Insurance have been provided. Such certificates shall specify the dote when such compensation ad insurance have been provided. Such certificates shall spnify the date when such com,eootio s and insurance expires. Thu Seller agrees ghat such com,etaacon and insurance shall he maintained ..,it caner We ortire work is completed and occurred. 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 future whatsoever an persons or progeny waste by or resulting fmm the execution of the work provided for in this purchase once or in connection herewith. The Seller will indemnify and hold mamless are Purchaser and any r all of the Purchasers of frets, agents and employees farm and egaimg any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property m which the Purchaser may be put or subject by reason of any act, action, neglect omiaion or default on the pm cribs Seller, any of his contractors, or any of We Sellers or contractors officers, agents or employees. In case any suit or other pmcr ctim, shall be brought ngaimt din Purchaser, we its officers, agents or employees at any time on.count or by reason of any out, aedon, neglect, omission or default of We Seller of any of his comments or any of its or Weir officers, agents or employees o aforesaid. Ne Seller hereby rti to assume the defense thedmf and or defend the an to the Sellers owns expense, m pay any and all costs, charges, moneys fees and other expenses, any and all judgments that may IN incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and is case judgment or other lien be placed upon or Pram d ngaimt the property ofthe Purchaser, or said panics in or as a result of such suits or order proceedings, the Seller will of once came the same to be dissolvd and duvhmgd by giving bond or othcrwix. The Seller and his contractors shall take all safety prexactiow, hall and install all grounds necessary for the prevention of accidents, comply with all laws and regulations with argon m safety including. but withom limimtion, the Occupational Safetyand Herld Act of 1970 small roles and impedimenta issud pursuant therein. Revised Wall14