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HomeMy WebLinkAbout110807 TRANSWEST TRUCKS INC - PURCHASE ORDER - 9146149Fort Collins Date: 10/22/2014 Vendor: 110807 TRANSWEST TRUCKS INC 7626 BRIGHTON RD COMMERCE CITY CO 80022 PURCHASE ORDER PO Number Page 9146149 1of2 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: 10/21/2014 Buyer: DOUG CLAPP Note: 2014A LP replaces unit# 2087 Line Description Quantity UOM Unit Price Extended Ordered Price t 2015 114SD Freightliner reference quote dated 10/13/14 per Mike Moore/ Will Schafer Dept: Streets Deliver vehicle and title documents to: 906 W. Vine Street Fort Collins, CO 80521 Contact: Greg R. or eric T. 970-221-6613 " Please call 24 hours prior to delivery " shop hours - 7:30am to 3:30Dm 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 109,705.00 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt f suite and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Cut .mdo (Ref Colorado Revised Samtas 1973, Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECT ED due to failure in meet sped ficatiuru, either when shipped or due m defects of damage in transit, may be returned to you for credit and am nut to be replaced except upon receipt Of wdnen instructions from the City of Fon Collins. Inspection. GOODS are subject b the City of Fort Collins inspection on arrival, Filed Acceptance. Retailer of the meshandise, services or equipment in response tP this order can gamut w authorized payment on the pan of be City of Fort Collins. However, it is to be understond that FINAL ACCEPTANCE is dependent upon cormlelion of all applicable required inspection ptmedums. Freight Terms. Shipmenusmust be FOX, City of Fort Collins, 700 Wood St., FOP Collins, CO 80522, unless olhetwise specified on this order. If parer smon is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for paging will Pat be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destinition, and excess freight will be, deducted from Invoice when shipments art made filing gager distance. Permits. Sella shall possum at tillers sole cost all secessary permits, exnrfiutes and licenses rsquirtd by all applicable laws, explainers, ordigunca and Pales of ds state, municipality, temmry unpolitical subdivision where the work is performed, or raTuireal by any other duly amounted public authority having jurisdiction over the work of vendor. Seller further agora to hold the City of Fort Collins hoomless fmm and against all liability and loss enured by them by lesson of an asserted or established violation of any such laws, regulations, ordinances, tales and requirements. Authensu m. All parties to this contract agree bat the representatives are, in bet, bane Ode mW possess full and complete authority to bind said parties. LIMITATION OF TERMS, This Purchase Order expsssly limits acceptance to be terms and conditions aimed herein set forth and any supplementary or additional team and cons itions annexed hereto or incorporated Mein by reference. Any additional or different team and conditions proposed by seller are objected to and hereby jested. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT ImmMiaely if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and leaf Pvmmm, mar ho effected within be time stated on be pashas, older and the documents attached hemm. No acts of the Purchcers including without limitation, acceptance of partial late deliveries, shall operate as a waiver ofthis provision. In the event of any delay, the Pummum shall have, in addition to other 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 feenit ordelays due b causes at reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts obovil or military authorities, governmental prioriries,Jones, sakes, Rood, epidemics, wars or riots provided that notice of the condifions causing such delay is given to the Purchaser within five (5) days of be time when be Sella first received knowledge thereof. In be event of any such delay, be due of delivery shall be extended for be paned ryual to the time actually loot by reason of be delay. 3. WARRANTY. The Sella warrants that ell goads, growler, materials oral weak covered by bis order will conform with applicable drawings, specifications, samples andbr other descriptions given, will he fit for be puryoses intended, and performed with be highest degree of care and competence in accordance with accepted standards for work of a similar nature. Tire Seller agrees to hold the purchaser harmless from any loss, damage or expense which be Purchaser may suffer or incur on account of the Sellers breech of wuranry. The Seller shall replace, repair or make gaud, without cast to the pushsser, any defect or faults rousing within one (1) year or within such longer period of time a may be prescribed by law or by be terms of any applicable warranty, provided by be Sella after the date of acceptance of the good famished hereunder (acceptance not to he unremocably delayed), resulting fixing imperfect or defective work done or materials fundshed by be Sella. Acceptance or use of goods by the Pushier shall rest constitute a waiver army claim under this warranty. Except in oberwfse pmvi seal in this purchase order, the Sellers liability hereunder dull ex,ad go all damages proximately cauN by the breach of any of the foregoing wasmnties at gmmmers, but such liability shall in no event include loss ofpmfirs or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal germs by written change order. 5. Cl IANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terra, other than legal terms, including additions m or deletions from the quantities odgmally admid in the specifications or drawings, by verbal or women change older. If any such change affects be amount due or the time of perfomane, hereunder, on equitable adjustment shall be made. 6.TERMINATIONS. The Purchcer may at my time by wrinrn change order, terminate this agreement as to any or all portions of be goods then not shipped, subject go any aluimble adjustment between the parties as to any work or materials then b progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the unompleted portion of the goods and/or work, for incidental or Bare quential damages, and but no such adjustment be made in favor of be Seller with respect to any good which are the Sellers standard stork. No such termination shall relieve the Purchaser or be Seller of any of their obligations a to any goods delivered hereunder. T. CLAIMS FOR ADIUSTM ENT. Any claim for adjustment most be asserted within thirty (30) days font the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller wammts that all goods sold hereunder shall have been produced, sold, delivered and fumishW in gamic, compliance with all applicable laws oral sending ru to which the good are subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required in be ncorporeal in agreements of this character are hereby incorporated herein by this refererce. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by be Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, tionelYr, or convey this ordl or any monies due or to become due hereunder without the prior wrinen consent of the obey pant. 10. TITLE. The Seller warrants full, clear and unrestricted tide in the Purchaser for all equipment, materials, rand items Punished in Pxrgwm. of this agreement. fie and clar of any aal all liens, mstietions, tmsesvadom, security imams, encumboncas and claims a f others. 11. NON WAIVER. Failure of the Purchaser to insist upon garnet performance of the lama goal conditions hereof, failnm or delay to any rights or remw, remedies provided hainn or by lafailure to promptly notify the Seller in the event of a brown, e the acceptance of or payment for goods hereunder or approval of be design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any fight of the puchaser to insist upon stria performance hermfor any of its lights or remedies ns to any such goods, regardless of when shipped, received or accepted, ns to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this Fumigate order by the Pmchea operate as a waiver of any of be onto hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the, Purchaser recognise that in actual ec is praztice, craguelvar,mis resulting from antitrust colmimm are in faro borne by the purchaser. Themufaree,for goad come and as consideration for executing big purchase Polar, the Sella hereby assass to the Purchaser any and fill claims it may now have or bereaher acquired under federal or state antitrust laws for such overcharges relating to the penicular goods or services purchased or acquired by the Purchaser pursuant to this purchase older. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs be Seller,a sorted nonconforming or defective goods by a data to be agreed upon by the Purchaser and the Seller, and the Seller thermfter indicates its inability or unwillingness to comply, the Pumhaser may cause the work to be perforated by the most expeditious means available to it, and the Sella shall pay all casts asawimed with such work. The Seller shall release be Purchaser and its conmadmrs of my fier from all habiliry and claims of any rururo mmlting fmm be performance of,.h wad. This release shall apply even in be event of fault of negligence of the parry released and shall extend to the directors, oMet. and employees of such any. The Seller's contractual obligations, including warranty, shall not be deemed to be reduce, in any way, because such work is performed or caused m be performed by the Purchaser. 14. PATENTS. NTenever the Seller is requited to use any design, device, material or process covered by later, patent trademark or copyright, the Seller shall indemnify and save hmmless be Pmclsomr fmm any and all claims for wGingement by Pearson of the use of such posented design, device, material or process in connection with be comfit, and shall indemnify the Purchaser far any cast expene or damage which it may be obliged to Pay by reason of such inferingement at any time dining be g rosaulion or alter be completion of the work. In case said equipment, or nay pan thereof or the intruded use of the goods, is in such suit held to constitute infringement and be use of said ryuipment 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 ryuipment or pans, replace the same with substantially equal but naninfHnging ryuipment, or modify it so it becomes naninfionging. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt make an assignment for be benefit of creditors, spacing e receiver or trustee for any of be Sellers property or business, this order may forthwith br canceled by be Paschall, without liabibly. 16. GOVERNING LAW. The definitions of terms used or be interpretation ofthe agreement and the rights of all parries hereunder shall be ..ad under and governed by he laws of be Scale of Colorado, USA. The following Additional Conditions apply only in cases where be Seller is to perform work hereunder, including the services of Sellers Representative(s), on the premises ofathers. IT. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until be same is fully completed and accepted, and shall, in as of any accident destruction or injury to the work and/or materials bef Shcels final completion and acceptance, complete be work at Sellers own expense and to be satisfaction of be Purchaser. When mmmals and equipment arc Juum led by others for installation or erection by be Sella. be Seller shall receh'e, unload ,use and huddle soma of be site aW become raponscible therefor as tinsmith such romerials andsor ryuipment were bring( fished by be Seller uullr the order. 18. INSURANCE. The Seller shall, at his awn expense, provide for the payment of walkers 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 also many cmmprehr a e gees rah liability including. but not limited to, contractual and automobile public liability insurance with warily injury and death limits oral lace 5300,000 for any one person, S500,000 far any one accident and poperty damage limit per accident of $4W,IXI0. The Seller shall likewise require his con me m as if any, to provide for such compensation and insurance. Before any of the Sellers or has contractors employees stall do any work upon be premises ofothers, be Seller shall fumisM1 the Purehssa with a certificate bar such conimmumon and in—. have been pomaded Such cer ifiata shall specify be dam when such compensation and insurance have been provided. Such certificates shot specify the date when such compensation and inumnce expires. The Sella agrees that such compensation and resonance shall be mainuinol until after the entire work is completed and accepted. 19. PROTECT [ON AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, lass or injury of any kind or nature whatsoever m persons or property caused by or resulting from the execution Of be work provided for is this pummem older or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers oRicers, agents and employees from Paid against any and all claims, losses, damages, cchmges or expenses, whether direct or indirect, and whether to Persons or property to which be Porchser may be put or subject by reason of any act, action. neglect, omission or default on the pm of be Sella, my of his contracmrs, or my of be Sellers or contractors oINcal, agents or employees In case any suit or other proceedings shall be, bought against be Purchasing, or its officers, agents or employees at my time an acenunt or by reason of any act, action, neglect, omission or default of be Sella of any of his contractors or any of its or their oRical, agents or employees as of camaid, be Sella hereby agrees or usume be defense thereof and to defend the same at be Sellers own expense, to pay any and all costs, charges, atomeys fees and other expenses, any and all judgments that may be incurred by or obtained against be Purchaser or any of its or bar officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchmeq or said parties in or us a result of such suits or other proceedings, the Seller will at once cause be same to be dissolved and discharge by giving bond or otherwise. The Seller and his contractors shut[ take all safety Treasonous, fumish and install all guards necessary for be prevention of accidents, comply with all laws and regulations with regard to safety including, but without limimtion, be Occupmioml Safety and Health Act of 1970 and all rates and regulations issued peastunl thereto. Revised Wn014