HomeMy WebLinkAbout110508 FRONTIER TRUCK EQUIPMENT - PURCHASE ORDER - 9145447PURCHASE ORDER PO Number Page
C117/ of PURCHASE
9145447 1 of z
Flirt Collins
This number must appear
/_^!'`�—J`' ` on all invoices, packing
sli s and labels.
Date: 09/19/2014
Vendor: 110508
FRONTIER TRUCK EQUIPMENT
7167 E 53RD PLACE
COMMERCE CITY CO 80022-4828
Ship To: PARK MAINTENANCE
CITY OF FORT COLLINS
413 S BRYAN
FORT COLLINS CO 80521
Delivery Date: 09/18/2014 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Meyer Snowplow
ref. quote dated 9/10/14
per Bruce McKenzie
Meyer Snowplow - model Drive Pro..EZ Mount
Moldboard - 6'8"
installed - $4,365.00
Dept: Parks
for unit# 24089
contact: Greg or Eric
ph# 970-221-6613
** Please call to schedule install on the truck **
A
14
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.c°m
1 LOT LS
4,365.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
WM=97f.2Z 11IrtY MVIT,Iof -110 =
Page 2 of 2
1. COMMERCIALDETAILS.
Tax exemptions. By aamte the City of Fact Collins is exempt fmm some and local taxes. Our Exemption Number is
11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry M-ON587 is registered with the Collector of
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Statutes 1993, Chapter 39-26. 114 (a).
exercise any rights a 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 Seller of
Goods Rejected. GOODS REJECTED due to failure to meet s,aaiCations, 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 transit, may be returned to you for credit and are not to be replaced except upon receipt of written
Puchamr to insist upon strict performance hermfor any of its rights or remedies as to my such goods, regardless
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 We Purchmer Wagon, m a waiver of any of the tame.
Inspection. GOODS are subject to the City of Fort Collins inspection on zmval.
hereof.
Final Acceptance Receipt of the merchandise, survii.as or equipment in sespoose to this cobalt can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the prat of the City of Fog Collins. However, it is to be understood that FINAL
Seller and the Purchaser recognize Nat in actual ecoro tic practice, overcharges resulting fmm antio-ust
ACCEPTANCE 6 dependrna upon completion of all applicable r�uird impetiov pmceJtves.
violations art in fact home by the Purchaser. Theremfore, for good came and as comideratlon for executing this
purchase order, the Seller hereby assigns to the purchaser any and ell claims it may now have a hereafter
Freight Terms. Shipments must be F.O.B., City offal Collins, 700 Wood St., Fog Collins, CO 80522, unless
acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services
otherwise specified on this order. If pemuission is given to prepay freight and charge separably, the original freight
purchased or acquired by the Pmcbmer pursuant to this pumhau order.
bill must accompany invoice. Additional charges for pecking will not be accepted.
Shipment Distance. Where manufacturers have distributing points in venom parts of the country, shipment is
expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when
shipments are made fmm greater distance.
Permits. Seller shall procure at sellers sole tag all necmary permits, certificates and licenses required by all
applicable laws, regulations, onfirms. and toles of the sum, municipality, notary or political subdivision where
Else work is performed, or retained by a, an,, duly crouriN¢d public authority havingjurisdation over the work
of vendar. Seller fimhet agrees Ito hold the City of Fon Collins Cattle. from and against all liability and 10.
incurred by them by reason of an assumed or established violation of any such laws, regulations, ordinances, rules
and requirements.
Authorization. All parties to this contract agree guidon ra,msmiali-a are, in fact, bona fide nod passes, full and
maplem authority to bind said parties.
LIMITATION OF TERMS. This Purchase Under expressly limits acceptance to the terms and conditions stated
herein set foM and any supplementary or additional terms and conditions annexed hereto or im'orpomted herein by
reference. Any additional or different terns and conditions proposed by seller ate objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immaliauly if you carman make comp]a,, shipment to arrive on your
promised delivery dam an, noted. Time is ofthe essence. Delivery and performance most be effected within the time
stared on the purchase oNer and the documents anachal heraln. No acts of toe Purchasers htcludr,. without
]imitation, acceptance ofpanial late deliveries, shall operate as a waiver ofthis provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this under elsewhere
and o0lding the Seller liable far 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 control and without its fault of negligence,
such acts of God, acts of civil or military authorities, govemmentnl priorities, fires, strikes, Boat. epidemics, wars or
nots provided trot notice of the conditions causing such delay is given to the Cinchona within five (5) days of the
time when the Seller first received knowledge thereof. In the event of eny such delay, the date of delivery shall IR
extended for the peed equal to tc time mmvlly Cost by reason ofthe delay.
3. WARRANTY.
The Seller wananta that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples na&o, he, descri,mas given. will b< to 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 harmless from any loss, damage or expense which We
Purchmer may suffer or incur on account of the Sellers 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 presetbed by law or by the terns of any applicable warranty provided by the Seller after the data of
acceptance of the goods furnished hereunder (acceptance got to be i n amorably delayed), resulting from imperfect
or defective work done or materials fumbbd by the Seller. Acceptance or use of good by the Purchaser shall not
consume a worse, of any claim undo this wammry. Except on m1bawrse provided in Was purchase oNer, the Sellers
liability hereunder shall -tend to all damages pmxammely cloud by the breach of any of the famgomg x'srnntias
or guarantees, but such liability shall in no at 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 terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the tents, other than legal terms, including additions to or deletions fmm
the quargions originally ordered in the specifications or drawings, by ver41 or written change ,thee If any such
change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purehaser nary al any lime by wrim n change order, terminate this agreement as to may o, all pogrom of the
goods then not shipped, subject to any equiuble sdjustment between the panics as to any work or materials then in
progress provided that the Purchaser shall nor be liable for any claims for anticipated profits on the uncompleted
portion of the goods andlo, work, for incidental or consequrntial damages, and Chat no such adjustment be made in
favor ofthe Seller with respect to any hoods which are the Sellers standard stack. No such imagination shall relieve
the Purchaser or the Seller of any of theh obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thirty (30) days from the date the change at termination is
ordered.
8. COMPLIANCE WITH LAW.
Tim Seller warrants thaC all goods said hereunder shall have been produced, sold, delivered oral fumishal in strict
compliance wIW all applicable laws and regulatioan to which the goads are subject The Seller shall execute and
deliver such documents as may M required m effect or evidence compliance All laws and regulations pillaged to d
inmsaumd in agreements of this character ere hereby transmuted human by this reference. The Seller egpies to
indemnify and hold the Purchmtt harmless from sll .is and damages suffered by the Purchaser as a .11 of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, annular, or convey this order, or any monies due or to become due hereunder without the
prior written consent of the other parry.
10. TITLE.
The Seller warrants Call, clear and um -named aide to the Purchaser for all eximperena, commals, and items burnished
an performance of this agreement, free sod clear of any and ell Can. redden., .'tom' security interest
rncumbonal and claims of mhaa
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a clue to be agreed upon by the
Purchaser and the Seller, and the Seller flumu er indicates its inability or unwillingness to comply, the Purchaser
may cause the work to by performed by the most expeditious means available to it, and the Seller shall pay all
costs contained with such work.
The Seller shall release the Fmchiser and its contractors of any tin fmm all liability and claims of any more,
resulting fmm the performance of such work.
This relence shall apply even in the event of fault of negligence of Be party released and shall extend to the
directors, officers and employees fsuch party.
The Sella's commcand obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is Performed or caused to be perfumed by the Purchaser.
14. PATENTS.
Whenever the Seller is ""nand to use any design, device, material or process covered by lane, patent, tmdemmk
or copyright, the Seller shall indemnify and save harmless the Pmchsser fmm any and all claims for Engagement
by mason of the use of well Journal design, device. material or process in connection with the contract, ad
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such
infringemcm at any time during the pmttcution or after the completion of the work. In cam, said equipment, or
any pan thereof ar the intended use of the god, 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, either procure for the
Purchaser the right to continue using said equipment or parts, replace the same with subuantially equal bill
noninfringing equipment, or modify it so it becomes nonuffionging.
15. INSOLVENCY.
If the Seller shall become insolvent or hank W, make an assignment for the benefit of creditors, appoint a
receiver or face for any of the Sellers property a business,a Was der may forthwith on wnaled by the
P lower without liability.
16. GOVERNING LAW.
The dcfinitiom often,, good or the immi ration. of We agreement and the rights fail parties hereunder shall be
constmed under and governed by We laws ofthe Stare of Colorado, USA.
The following Additional Conditions apply only in cases where rise Seller is to perform work hereunder.
including the services of Sellers Representative(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk until the same is filly completed and accepted, and shall,
in case of any accident, destruction or injury to the work and/or materials bxf Sellers final completion and
acepama, complete the work at Sellers awn expense and to We satisfaction of the Pmchaet. When materials
and equipment art fumrsbd by alders for installation err erection by the Seller, the Seller Sha11 receive, unload,
store and handle same at the site ad become responsible therefor as though such materials and/or equipmrnt
were being famished by the Seller under the oNer.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment ftworkers compensation, including occupational
disease brnefits, 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 tarty comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of at last $300.000 for any one pman, 5500,000 or any
one accident and property damage limit per accident of SUR.". The Seller shall likewise raluire his
if any, to provide for such compensation must imumnce. Before any of the Sella or his contractors
employees shall Jo any work upon the Examines of others, the Sella shall Coolish the Purchaser with a ceni fiate
that such compensation and insurance have ban provided Such centimes shall specify the date when such
compemition and insurance have been provided. Such carifiams shall specify We date when such compensation
and insurance expires. The Sella agrees Wert such compensation and rnscrame shall b<main gained unfit after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assure- the entire responsibility and liability for any and all damage, loss or injury of any kind
ru nature whaboeve, Cm persons or Cmpany caused by or resulting from he execution oflha work provided fir in
this purchase order or in connection herewith. The Seller will indemnify and hold hared-s the Prichmer and any
r all of the Purchasers officers, agents and employees fmm and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or progeny to which the purchaser may
be pm or subject by reason of any act, action, neglect, omassom a default on the pan of the Seller, any of his
commetim, or any of the Sellers or contractors officers, agents or employees. In case any suit or other
proceedings shall be brought against the Panthaztt, or its officers, agents or employees at any time on account or
by reason of any act, action, neglect, omission m default of the Sella of any of his contractors or any of its or
their mflacm, agents or employees as aforesaid, the Seller hereby agrees Eo assume the defense thereof and 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 incurred by or obtained against the Purchaser or any of its or Weir officers,
agents or employees in such suits or other pr«eedings, and in case judgment or other lien be placed upon or
obtained against he property ofthe Purchaser, or said parties in or as a result ofsuch suits 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 pre cauliom, famish and install all guards necessary for the Braverman of
accidents, comply with all laws and regulations with regard to salary includin& but without limitation, the
Occupauoral Safety and Health Act of PRO and all toles and regulations issued pursuant thereto.
Revised 07R014