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HomeMy WebLinkAbout102572 ALTEC INDUSTRIES INC - PURCHASE ORDER - 9143628PO PURCHASE ORDER 914362er Page C117/ of PURCHASE 43628 1 of 3 ' `t Collinsr his numbermust packing V �7 on all invoices, packing sli s and labels. Date: 08/19/2014 Vendor: 102572 ALTEC INDUSTRIES INC 641 TELLURIDE ST AURORA CO 80011-7818 Ship To: FLEET SERVICES - MAIN SHOP CITY OF FORT COLLINS 835 WOOD ST FORT COLLINS CO 80521 Delivery Date: 06/27/2014 Buyer: DOUG CLAPP Note: 2014A LP NJPA contract # 031014-ALT Line Description Quantity UOM Unit Price Extended Ordered Price 2014 model AT40M 1 LOT EA 76,192.00 Quote number 255529-1 2 option - front timbren springs . adder 3 option - rear torsion bar adder quote dated 6/11/14 per Rick Little includes owners and maintenance manuals freight "Cab/Chassis to be delivered mid to end of July" ref. PO # 9142948 to Spradley Barr Ford Lincoln of Greeley dated 5/23/14 - contact John Wieneke - ph# 970-673-2179 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 1 LOT EA 502.00 1 LOT EA 988.00. Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PO PURCHASE ORDER 914362er Page CIi7f of PURCHASE 9143628 2 of 3 F6r} Chis number must packing //_`',��—J`-' ` Collins1 1 on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price Dept. Traffic Deliver to: Fleet Services Shop 906 W. Vine St. Fort Collins, CO 80538 ., contact: Ian or Eric " please call 24 hours prior to delivery " 4 additional items 1 LOT EA 2,593.00 add 8/18/14 additional costs: platform liner - $235.00 2" ball pintle - $275.00 1800 watt Pure sine inverter - $2083.00 total for additional items - $2593.00 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:purchasingQafogov.com 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 3 of 3 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Too Coll ma is exempt farm stale and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to intro upon shin 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 goods hereunder or approval of the design, shall not release the Sella of Goods Rejected. GOODS REJECTED due to failure to men specifications, either when shipped or due to defects of any of me warranties or obligations of this purchase order and shall not be dermed a waiver of any right of the damage in transit, may be returned to you for credit end are not to be replaced except upon receipt of written Purchaser to insist upon strict performance haeofor any ofits right or remedies as to any such goods, regardless instructions from the City of Fan Collins. of when shipped, metived or accepted, as In any prior or mbsequent default hereunder, nor shall any puryoned oral modification or rescission of this purchase order by the Purchuer operate as a waiver of any of the tams Inspection. GOODS are subject m the City airport Collins inspection on arrival, hereof. Final Acceptance. Receipt of the merchandise, services or cqufpmem in response to this oNer can result N 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fen Collins. However, it is to be understood that FINAL Seller and the Puchaser recognize that in actual a a is practice, o erchergresulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedum. violations are in fact home by the Nohow. Theretofore, forgoodcause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchuer any and all claims it may now, have or handler Freight Terms. Shipments most be KOHL, City of Pon Collins, 700 Wood St, Pon Collins, CO 90522, unless acquired under federal or some antitrust hws for such overchoul relating to the particular goods or services otherwise sperifed on this order.Ifpermission is given to prtyay freight and charge separately, the original freight purchased or acquired by the Purchase( punanuo this purchase order. bill most accompany invoice Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in varmse, pans of the country, shipment is expected from the nearest distribution point to damnation, and excess freight will be deductnl from Invoice when shipments care made farm gream do... Permits. Seller shall pmcme at sellers sale tan all necessary Remain, conifienes and he. required by all applicable laws, regulations, ordinances and rules of the sure, municipality, territory Or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller fabler agates to hold the City of Fria Collins harmless farm and e,art all liability and loss incurred by them by reason of an assumed or c m,lished violation of any such laws, regulations, ordinances, tales and "common. Authorization. All ponies to this contract agree that the representatives are, in fan, bona tide and possess full and complete authority to bind said Ponies. LIMITATION OF TERMS. This Purchase Once, expressly limits acceptance to the terra and conditions smtml herein set Iamb and any supplementary or additional terms and conditions annescl hereto or manufactured herein by reference. Any additional or different toms and conditions proposed by seller are objected to and hereby rejected 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time sated on the purchase order and the documents attached hereto. No outs of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of This provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damageshowever, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reampuble control and without its fault ofeegligam. such acts of God, was ofcivil or military authorities govemmenbd priorities, fees, strikes, 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 array such delay, the date of delivery shall be extended fr the periwl equal in the time actually fat 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 muccr other descriptions 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 held the purchaser hani from any lass, damage or expense which the Purchaser may suffer or incur can account of life Sellers breach of warranty. no Seller shall replace, repair or make goad, 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 ur by the terra ol'any applicable warranty provided by the Seller after the date of acceptance cribs goods burnished hereunder Qmceptnnce not m be mmica ably delayed), resulting farm imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this wartumy. Except as otherwise provided in this purchase Order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include fuss of profs or loss of sett. 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 written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tames, other than tepid terms, including additions to or deletions farm the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperfarmance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by women change order, terminate this agreement as to any or all peniom of the goods then not shipped, subject to any equitable adjustment between the parries as to any work or materials then in pm&ass provided Nat are Purchum, shall rim be liable for any claims for amieipnted profits on the uncompleted Ruder of foe goods =See work, for incidental or consequential damage, and that no such adjustment be made in favor of tse Seller wits respect to any goods which arc the Sellers madaN stock. No such termination sM1all relieve the Purchaser or the Sella ofany oftheir obligations as, to any grads delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assmed within thirty (30) days from the date the change ar termination is ordered. S. COMPLIANCE WITH LAW, The Seller sempeas that all goods sold hercuMer shall have been produced, sold, delivered and famished in strict —,If. with all applicable laws and! regulations N which the goods am subject The Seller shall execute and dabear such documents as may be required to effect or evidence compliance. All laws and reguhtlom required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Sella agrees to indemnify and held the ParcM1aser harmless from all costs war damages suffeml by the Purchuer as a result of the Sellers failure in comply with such law. 9. ASSIGNMENT. Neither parry shall assign, =%for. or convey this order, or any monies due or to become due hereunder without the prior women content onhe other party. 10, TITLE. The Sella ..is fall, clear and unrestricted line to the Purchaser for al I equipment, mtteri ils, dad it. famished in performance of Nis agreement, fire and clear of any and all liens, restrictions, resenmlom, smarmy interest awambmnces and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. HNe Purchaser directs the Seller to comet nonconforming or dermove goods by a date to be agreed upon by the Purchaser and the Seller, and the Sella thereafter indicates its inability or unwillingness to comply, are Purchaser may ause the weak to he performed by the most expeditious means available to it, and the Seller shall Pay all costs associated xith such work. The Seller shall release the Purchaser aed its contractors of any tier farm all liability and claims of any reture resulting from are perormance ofacb work. This release shall apply on in the an of fault of negligence of the parry released and dull extend to the dirtetors, m1icers and employees of such parry. The Sellers comeecmal obligarions, including wmmnry, shall not be demand to be reduced, in any way, became such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Sella is required to use my design, &An,, material or Amass covered by true,. Patent, trademark r copyright, the Seller shall indemnify and save harmless the Purchaser farm any and at claims for infringement by reams of the use of such patented design, device material or process is connection with Ne contract, and shall indemnify the Purchaser for any poor, expense or damage which it may be obliged m pay by ¢eon of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pm 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, tithe, procee for the Purchaser the right to continue using said equipment Or pans, replace the same with submantizlly equal but mninfn-caging equipment, or modify it so it becomes noninfriging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditor, appoint a receiver or trustee for any of the Sellers property or business, this order may fanhwith be canceled by be, Purchaser without liability. 16. GOVERNING LAW. The definitions of lentos .,ad., he interpretation of the agreement and the rights of all panics hereunder.shall be conslroed under and governed by the laws of the Slate of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perfume work herander weluding foe services of Seller Repre mwive(s), on the panw, fOthers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in se of any accident, destruction or injury to the work and/or materials before Settees final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are punished by Others for installation or erection by the Sella, the Seller shall receive, unlad, store and handle some at the file and became responsible therefor as though such materials and/or equipment were being fiunished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to it employees employed on or in connection with the work covered by this purchase order, and'or to their dependent in accordance with the laws of are flee in which the work is to be, done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and amonmbilc public liability entrance with bodily injury and death limits of at least $300,004) for any one person. S5010,000 for any one accident and Property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any. m provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall da any work upon are premises of others, the Seller shall furnish the Purchaser with a certificate and such compewaon and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been presided. Such cenifiates shall specify the due wean such compensation and insurance xmim. The Seller agrees that such mmpnaation and ireursfce shall be mmnaimed until nna the entire work 6 completed and accepted. 19. PROTECTION AGAMST ACCIDENTS AND DAMAGES. The Seller hereby assumes are attire ma orsibiliry and liabilityfor any road all damage. lass or injury proxy kind or vture what ever to persons or property, caused by or evening from Ne execution of the work provided for in this purchase order or in warm ton herewith. The Seller will indemnify and hold harmless the Purchaser and any cr all of Ne Purchasers officers, agents and .,toy. farm and against any aed all claims, loses, damages, harges or expenses, whether direct or indirect and whether to pawns or property to which the Puchasa may be put or subject by reason of any act action, neglect, omission or default on are from, of the Seller, my of his contmctars, or any of the Sellers in computers officers, agent or employees. In eau any suit or other ptaeMings shall be brought against the Purchaser, or its oRcers, agents or employees at my rime on account or by reason of any an, action, neglect, omission m default of the Sella of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to depeM the same at the Sellers Own expense, to pay any and all costs, charges, attorneys fees am1 other expenses, any and all jedgmmt that may be, excumed by or obtained against the Purchuer or my of its or their officers, agents or employees in such suis or other proceedings, and in case jmlgment or other lien be placed upon or Chinned against the primary of the Purchaser, or said Parties in or as a result nfsuch suits or other proceedings, are Seller will at Were, cause the same to Is, dissolved and discharged by giving bond or otherwise. The Sella and his contractors stall take all safer precaations, fumish and install all guards necessary for the prevention of accident, comply with all laws anal regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursmnt thereto. Revised 09I2014