Loading...
HomeMy WebLinkAbout110508 FRONTIER TRUCK EQUIPMENT - PURCHASE ORDER - 9144564PO PURCHASE ORDER 914456er Page C137/ of PURCHASE 9144564 ' of z F6r} CollinsChis number must appear //_^,'`�—`J-' ` 1 , on all invoices, packing sli s and labels. Date: 08/1112014 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: 08/08/2014 Buyer: DOUG CLAPP Note Line - Description Quantity UOM Unit Price Extended Ordered Price t Omaha Standard 96V 8' Svc Body 1 LOT LS 5,295.00 ref. quote dated 7/23/14 per Manuel Valdez Dept: L&P Contact: Eric (970)221-6613 '`oleasse call 24 hours orior to delivery" 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@fogov.com Total $5,295.00 Pay terms net 30 days Invoice Address City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 hale Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from sale and local taxes. Our Exemption Number is I L NON WAIVER. 98-0,1502. Federal Excise Tax Exemption Centigram of Registry 84-6000587 is registeml with the Collette,, of Failure of On, Purchaser to insist upon strict performance of the terms tall conditiom hemnf, failure or delay to Inamal Revenue, Denver, Colorado (Ref. Colorado Revised Stories 1973. Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure W Promptly notify the Seller in the event of a breach, the acceptance of -payment far goods hereunder or approval ofthe design, shall at releue the Seller of Good Rejected. GOODS REJECTED due to failure to meet speed factors, either when shipped or due In defects of any of the warranties or obligations of this purchase Order and shall not be dcemal a waiver of any eight Of the damage in transit, may be returned to you for road., and are not to be replaced except upon receipt of ollum purchase( to insist .,an mice perfom:ance hereofurtry of its rights or remediesm to any such goods, regardless instructions Rom the City of Fon Collins, of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall my purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Impaction. GOODS are subject o the City of Fort Collins inspection on arrival, hereof. Final Acceptance. Receipt of the merchandise, services or equipment in desprerse I. this under can rash in 12. ASSIGNMENTOF ANTITRUST CLAIMS. authorised payment on the pal of flee City of Fort Collins. However, it is I. be understood tar FINAL Seller and the Pambnser recognise that in sctaal ...a practice, ovesher as resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection pmcadams. violations are in fact home by the Pachuca. Themtofne, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hanufla Freight Term,. Shipments most be F.O.B., Ciry of Fort Collins, 700 Wood St, Fort Collins, CO 80522. unless acquired under federal or sate antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. if pemnilum is given to prepay Rreight and charge separately, the miginnl freight purchased or acquired by the Purchaser pursuant to this purchase order, hill must accompany invoice, Addi ional charges for packing will not be accepted. 13. PURCHASERSePara PERFORMANCE OF SELLERS OBLIGATIONS. Shipment romWce.Waremenution poi have distributing and excess vo uspans de shed! from Invoice mks Purchaser Parham, indicates gts debilitygoods byit dategness tobeagrede upon Purchthe shipment from the nearest distribution point to destination, and execs freight will be deducted from Invoire when Purchaser and the Seller, and the Seiler thereafter indicates its :means or unwillingness to comply. Me Purchuel shipments are made (tam greaar disbnce, may cause the work s ch performed by the most expeditious means available to it and the Seller sill pay all rose aswcimd with such work. Permits. Sella sail procure at sellers sole cost all namucary pemis, certificates r and licenses requircJ w all applicable saes, rued, r re o required by a and ales of the state, municipality, tcmrory i r yrinaral subdivision where The Seller earth Rlasc the Purchmm and its comracmrs of any her from all liability and claims of any ramR We work is performed, r r,m- 1 by any other duly rani oleJ public authority awing ainst R liar over the wad resulting from the psfo,,mmm ofsuch work. in vendor. Seller fuller agrees m hold the Co, li Pon Collins harmless farm and against all liability and loss reed by them by reawn Of an nssmcd or established violation army such lax's, regulaions, oNinmccs, tales This release call apply even in the Wane of fault of negligence of the party rehearsed and salt actual to the and terminations.direcmrs, aflices and employees ofwch puny. A nlmriznlion All ponies to this c,alract agree that the repreaenativs sere, in fact, bona fide and possess full and omplete inifimity to bind said panics. LIMITATION OF TERMS. This Purchme Order expressly limits acceptance to the terms and conditions stand hmviin xt Roth and any supplementary or uddnimal terms and conditions annexed hared. or incorporated herein by reference. Any additional or different lean, and commons proposed by seller are objected to and hereby jetted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to active on your promised delivery date no noted Time is of the ssenre. Delivery anal performance mmr be e(&cled within the time sated an lire pumbom order and the done attached hereto. No acts of the Purchwers including, without limiation, acceptance Of panial late deliveries, shall operate as a waiver of this provision. In he event of any delay, the Purchaser shall have, in addition to other legal and equitable mosaics, the option ofpl.ricg this Order elsewhere and holding the Sella liable I, r damages. However the Seller shall not be Gable for damages as a ,,call of delays A¢ to causes not reawnubly unnameable which sere beyond its countable control and without its fault of negligence, such acts Of God, area Of civil cutmilitary millennia, para mmenal priorities, tires, stokes, Oond, epidemics, wars or don provided that notice of the conditions causing such delay is given to the purchaer 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 We delay. 3. WARRANTY. The Sella warenrs that all goods, mods, materials and work covered by this order Will conform with applicable drawings, specifications, samples andror other descriptions given, will be fit far the purposes intended, and Performed with the highest degree of care and temperate, in accordance with accepted standards for work of a 'miler nature. The Seller agrees to hold the purchaser hr hies from any loss, damage or expense which the Purchaser may suffer or incur on account of the Seller breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of time as may be presrnbed by law or by the terms of any applicable warranty provided by the Seller alter the data of acceptance of the goods fumisbed hereunder (acceptance net to be unreasonably delayed), remlting from imperfect or defective work done or commaB famished by the Seller. Acceptance or use of goods by the Foundation shall not onsomte a waive, i f any claim We, this warranty. Excep, as otherwise provided in this purcaR area, the Sellers liability hereunder shall extend On all damages proximately caused by the breach of any of the foregoing wardernes or guarantees, but such liability shall in no event include loss afprofrs 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 werinen change order. ' S. Cl IANGES IN COMMERCIAL. TERMS. The Purchawrnay make any changes to the terms, other than legal Berms, including additions to or ddidin w from the quantities originally ordered in the specifications or drawings, by verbal Or waimen change order. If any such change affects the amount due a the time of performance hereunder, an equitable adjustment shall be mnade. &TERMINATIONS. 1M purchaser may at any time by woman change order, terminate this agreement as to any or all portico of the good then not shipped, subject to any equitable adjustment between the games as to any work or mmenals then in progress 1.1ided tar the Parchsser shall nor be liable for any claims for anticipated profits on the memilleM portion of the good motor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such mammalian malian shall relieve the Purchaser or the Seller ofany oftheir obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the dare the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Seller warren¢ rat all good sold hereunder salt have been produced, stick delivered and fumislled in strict compliance with all applicable laws anal regulations to which We good are subject The Seller sal) execute and deliver such documents as maybe required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements m this character are hereby commismead herein by this reference. The Seller agrees It indemnify and hold the Purchaser hurmlo, from all rose and damage suRered by the PurcM1sser as in resell of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall Weigh, lmnsfer, or convey this order, W any munies due W to became due hereunder without the prior warren ancient of the other party. 10. TITLE. The Sellerxa. fall, clear and unRmimed dde,o the purchaser far all equipment matere a, and it. mentioned in pachrmmer of this agreement, free and at— of my and all liens, restrinioe. reammiman security interest enenmaeares and claims ofethers. The Seller's cuntradind obligations, including warranty, shall act be deemed to be reduced, in any way, because such %ark is performed Or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is damned a use any design, decker, material or prove. covered by lever, parent, trademark cor copyright, the Seller shall indemnify and save homeless the Purchaser from my and all claims for infringement by reason of the use of such parented design, device, mammal of process in tanner, ioa with the contract, and shall indemnify the Purchases far any cost. apcase W damage which d nay be.1d od as pay by reason of such infringement at any time during the presscution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the see of said aloipmcm or part is enjoined, the Seller shall, al is men expense and at its option, either, prmme for the Purchaser the right to continue using said equipment or pans, replace the same with substantially areal but nonlnfeingrng equipment, or modify it so it becomes naninfringing. 15, INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a dereiver or rmstce for any of the Sellers properly or business, this order may forthwith , rznerled by the Po.chsss witaul liability. 16. GOVERNING LAW. The definitions alumina used or the inte'pretation ofthe agreement and the rights of all probes hereunder sail be concluded under and govemd by the laws of the Sara nfColori USA. The following Additional Conditions apply only in cases where the Sells is to perform work hereunder, including he services of Sellers Repraenativefs), an the premiss L.ad, ❑. SELLERS RESPONSIBILITY. The Seller shall carts on said work at Sellers own risk until the same is fully co ndc d and accepted, and shall, in arse of any accident, destruction or injury to the work mdbr materials befog Settees final completion and .cep,., complete the work at Selleta men expense and 'a the satisfaction of the Purchaser. When materias and equipment are punished by others for installation on, erection by the Seller, the Seller shall receive, unload, store and handle same at the sate and become responsJsle tartfor as though such commas, and rof equipment were being fumuhed by the Sella under the order. I B. INSURANCE. The Seller shall, al his oen expense, provde for the poymrnt of workers compensation, including occupational disease benefi% to ins 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 sale in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contraction[ and automobile public liability imurance with bodily injury and death linnita of in last S300,000 far any one person, SNOXOO 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 mandance. Before any Of the Sellers or his commctoss employees sail do any nark upon the premiss of.'ha s, the Seller shall furnish the Purchaser with a certificate tar such compensaion and insarmce have been provided. Such ernificwes shall specify the date when such campecartion and announce have bur' provided. Such cenificats sail specify the date when such compensation and insurance expire. The Seller agrees that such compensation and insurance shall to mainained until after the atire work is completed mod accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella, hereby ..sums the entire responsibility and liability for any and all damage, loss ar injury of any kind nature whosoever ta'Wo us W pmpeny caused by or resulting fmm the execution of the wark provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any cr all of the Purchasers officers, agents and employees from and against any and all claims, lease,da smaesg, harges or expenses, whether direct m imlireer, and whether to persons of property m which the Purchaser may be put or subject by Ratan of any act, action. neglect, omission or default on the pan of the Seller, any of his comracrors, or any of the Sellers or contractors o0ican, agents or employees. In rase any suit or other procadings sill be bought agains, the Purchase, m its Officers, agents or employees at any time on acroum or by reawn of any act, action, neglect, omission or default of the Seller of my of his convectors or any of in or Wait oRcers, agents or employee, as aforesaid, the Seller hereby ogre. to a..a the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, auomeys 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 upon or .blamed against the pmpeny i f the Purchases, or said lecries in W ns a result climb suit or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or Otherwise. The Seller and his contractors shall take all safety precautions, famish and insall all guard necessary for the prevention of tridents. comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of L970 and all mlew and re,aAm moor issued pursuant thereto. Revised 07R014