HomeMy WebLinkAbout110807 TRANSWEST TRUCKS INC - PURCHASE ORDER - 9146569Fort Collins
Date: 11/07/2014
Vendor: 110807
TRANSWEST TRUCKS INC
7626 BRIGHTON RD
COMMERCE CITY CO 80022
PURCHASE ORDER
PO Number Page
9146569 1of3
This number must appear
on all invoices, packing
sli s and labels.
Ship To: WATER UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 11/07/2014 Buyer: DOUG CLAPP
Note: ref. Grand Junction bid 2014
replaces unit# 2295
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 2015 114SD 6X4 TANDEM CNG DUMP
PER QUOTE DATED 12/3/13
reference quote dated 10/2/14
per Will Schafer
Grant assistance
CNG vehicle cost: $141,906.00
comparable Diesel vehicle cost: $96,837.00
eligible incremental cost: $45,069.00
Funding requested: #33,960.00
RAQC portion - $33,960.00
Minimum Match Required - $8,490.00
Dept: Wt. Utiliites
Contact: Greg or Eric
ph# 970-221-6613
Deliver vehicle and title documents to:
Fleet Services
906 W Vine
Fort Collins. CO 80521
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
1 LOT LS
99,456.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
PURCHASE ORDER 9 Number6569Page
CI�/ of PURCHASE
9146569 z °r 3
' `tCot�ins This number must appear
` �7 on all invoices, packing
sli s and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
" Please call 24 hours prior to delivery "
Shop hours - 7:30am to 3:30pm
z RAQC portion- PO#716 10/31/14 1 LOT LS 33,960.00
3 Minimum Match Required 1 LOT LS 8,490.00
for City of Fort Collins
Total $141,906.00
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:purchasing@fcgov.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
1. COMMERCIAL DETAILS.
Tax exemptions. By sorrow the City of Fan Collins is exempt fmm state and local rases. Our Exemption Number is
98-114502. Federal Excise Tax Exemption Certificate of Registry 84-600058I is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written
instructions farm the City of row Collins.
Inspelgau GOODS are subject to IN City of Fon Collins inspection an arrival.
Final Acceptance. Receipt of the norehandiss, services or equipment in response 1p this order can temp in
authorized payment on the Pan of the City of Fan Collins. However, it is to he communed that FINAL
ACCEPTANCE is dependent upon completion of all applicable acquired inspection procedures.
Freight Terms Shipmenm must he F.O.B., City of Fan Collins, 7W Wood St., Fort Collins, CO 80522, unless
ncberwise specified on this order. Ifp maission is given to prepay freight and charge separately, the anginal freight
bill most accompany invoice. Additional charges for packing will not he accepted.
Shipment Distance. Where manufacturers have distributing points in varrour, pans of the country, shipment is
expected from the nearest damn ration Point to destination, and excess freight will be deducted Cram Invoice when
shipments are made from Rome, i istanu.
Pmnits. Sella shall procure ad sellers sole cost all nacssary pemdits, certificates and licenses required by all
applicable laws, regulations, ordiu mew and rules of the state, municipality, smile, or political subdivision where
the work is performed, or required by any other duly cmmimted public auhoriry 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 dawned or established violation of any such laws, regulations, Ordinances, tales
and requirements.
Authonzdim, All parties 1. this contract agree char the represcomime are, in fact, bona file and possess tall and
complete authority to bind said punier.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the mmm and candidates sited
herein set forth and any supple r m r, or additional tams and conditions wasi hereto or nonessential herein by
reference. Any additional or di@rent rams aM conditions proposed by seller ire Objected to and hereby rejected
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to curve oa your
promised delivery date as noted, fame is of the essence. Delivery and performance most h, effected within the time
stated on the purchase order and the documwla attached hereto. No acts of the Purchasers including, without
limitation, acceptance of motim lute 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 ordaining this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages us a result of delays
due to causes not personally foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of God, acts of civil or military authorities, gOvemmmtal Formats, fires, strikes, Baod, epidemics, wars or
fiats provided that notice of the conditions causing such delay is given to the Purchsser within five (5) days of the
time when the Sella Best received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for the periotl ra l 1a the time actually lost by ..a of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, spec ficatimex, samples a.&., the, descriptions given, will be fit for the purposes intended, and
perfumed 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 harraless from any loss, damage or expense which the
Porchaner may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost to the porcherseq any defects or faults arming within one (1) year or within such longer period of
time as may be prosecuting by law or by the terns of any applicable waranty provided by the Seller after the date of
acceptance of the goals fished hereunder (accepuhre rim 1. be unreasonably delayed), wishing fmm imperfect
or def Live work done or mutcdals famished by the Seller . Acceptance or can, of goods by the Purchwe shall not
connimle is xarea, of any claim cubic this wamnry. Except as who rwise provided fo this purchase order, the Seller
liability hereunder stall extend m all damages proxlnamly caused by the breach of any of the foregoing wanannes
or guarantees, but such liability shall in no event include muss 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 twous by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchase may make any changes to the inns, other than legal terms, including additions to or delednns fmm
the quantities originally ordered in the specifications or dmwings, by insist or carmen change order . If any such
change mixets the amount due or the time of,,d..wac hereunder, an cquitable edjusdivent shall be made.
6. TERMINATIONS.
Ile Purchaser may a1 any time by written change order, hurricane this agreement as to any or all portions of the
goods then not shipped, subject to any equitable adjustment between the parties as to any work or materias then in
progress provided that the Purchaser shall not be liable for any elu rns for ismicipmed profu on Ile uncampklN
podion of the goods rrd/m work, for incidental or consequential damages, and that no such ad urdmem be made in
favor of tAe Seller with respect to any goods which are the Sellers sandard stock. No such retaliation shall relieve
the Purchaser or the Seller of my affiliate obli,raiom as to any good delivered har. andcr.
9. CLAIMS FOR ADJUSTMENT.
Any claim fat adjustment mesa be assured wi0dn Way (30) days from the date the change or Icmtination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all grwds sold hereunder shall have been produced, sold, delivered and fmished in strict
omplince, with all applicable laws and negotiations to which the grads are subject The Seller shall execute and
deliver such documents ns arty be mquired to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify aria hold the Purchaser ha=less Cmm all costs and damages sufered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither NOW shall assign, o-amfer, or convey gas order, or any murder due or m become due hereuMe without the
prior written commend ofthe other party.
10. TITLE.
The Seller wanrrts full, clear and unrescricted ti0e to the Purchase for al I equipment, materials, and items famished
in performance of this agreement, free and clew of any and all liens, restrictions, reservations, security interest
encumbrances and claims o f others.
II. NONWAIVER.
Failure of the Purchaser to insist upon inner performance of the terms and conditions hereof, failure or delay to
exerciany rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
bread, the accepance of or payment for goods hereunder or vpprovid of the design, shall not release the Seller Of
any of the warranties or obligations .1 thin purchase order and shall not he deemed a waiver of any right of the
pmchasr to insist upon stria performance hereufor any of its rights or remedies as to any such goods, regardless
of when sM1ippc , received or accepted, m to any prior or subsequent default hereunder, nor shall any postponed
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any or the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the purchaser recognize the in accord a resulting
is practice. overcharges ulting antitrust
violations are in fact home by Ile Purchase. Theretoforeforgoodcause and as consideration for tumult, Nis
purchae order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
acquired under f aleml or side aminew laws for such overcharges relining to the particular goods or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the fracture, directs the Seller m coned nonconforming or defective goods by a data m be agreed upon by the
Purchaser and the Seller, and the Sella hhereafer indicates its inability or movillimlam, to comply, the Purebaze
may cause the work to he performed by the most expeditious worms available to it, and the Seller shall pay all
coals associmed with such work.
The Seller shall adawe the Purchase and its conmemrs of any tie from all liability and claims of any wire
resulting fmm the performance ofsuch work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, officers and employees of sash party.
Ile Sellers commcand obligations, including warranty, shall not be deemed to be reduced, in any way, Persons
such work is performed or caused to be performed by the Purehwer.
14. PATENTS.
Whenever the Sella is required to use any design, device, material or process covered by letter, patens, trademark
or copyright. the Sella shall militarily and we harmless the Purchaer now any and all claims for infringement
by reason of the use of such patented design, device, material or process in connection with Ile contract, and
shall indemnify the Purchasee for any cast, expense or damage which it may he obliged to pay by reason ofsuch
infringement at any time during the prosecution 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 use of
said want or part is enjoined, the Sella shall, yr its own expense and at its option, either poreme fur the
Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but
mainfringing equipment, or modify it so it becomes aoniufnging.
15. INSOLVENCY.
If the Sella shall become insolvent or baMmpt make an assignment for the benefit of cmlitors, appoint a
receiver or trances for any of the Sellers property or business, this order may forthwith be canceled by dre
powerhouse without liability.
16. GOVERNING LAW.
The definitions of corms used or the interpretation of the agreement and the rights of all parties hereunder shall be
reasoned under and governed by the laws of the State ofCulomdo, USA.
The following Additional Candidates apply only in cases where the Seller is to perform work hereunder,
including gc services of Sellers Representzcive(s), on the premises of others
17. SELLERS RESPONSIBILITY.
The Sella shall carry oa said work in Seller's own risk and the same 4 fully completed and accepted, and shall,
in use of my accident, destruction or injury to the work andlor materials before Sellers fwl completion and
acceptance, complete the work M Sellers own expense and m the satisfntion of Ile Purchaser. When materials
and equipment are f fished by others for installation or erection by the Seiler, the Seller shall receive, unload.
store and handle same at the site and become responsible therefor as though such materials andlor equipment
were being furnished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment cf workm compensation, including occupational
disease henerits, to its employees =played ou or in correction with the work covered by this purchase order,
andlor to their depcndeos in wwrdance with the laws of the stare in which the work is to be done. The Seller
shall also cant' comprehensive general liability including, but Out limited to, conbacrual and automobile public
liability ansrrmue with bodily injury and dwth limits of at least s300,000 for my one person, $500,000 for any
one accident and property damage limit per accident of 9900,000. The Seller shall likewise require his
concessions, if any, to Provide for such compensation and insurance. Before any of the Sellers or his superstars
employees shall do my work upon the praises of othm, the Seller shall famish the Pumhaer with a cenihcate
that such compensation and insurance have been provided. Such certificates shall specify, the date when such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and insurance expires. The Seller agrees Ilan such compensation and insurance shall be maintained until utter the
entire work is completed and accepted.
19. PROTECTION AGAMST ACCIDENTS AND DAMAGES.
The Sella Jointly assumes the entire responsibility and liability for my and all damage, lass or injury ofmy kind
r wile whatwever IB persoms or property cotsed by or resuhing from the marraNn ofge work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold homeless the Purchsser and any
of all of the pnrchaers oRcam, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect. and whether to persons or property to which the Purchaser may
be put or subject by reason of any act, Belton, neglect, omission or default on the part of the Seller, any of his
contractors, w my of the Sellers w contractors oficers, agents o employees. In care any .it or other
proceedings shall be brought a,mml the Purchase, or its officers, agents or employees at any time on account or
by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or
their ofcer, agents or employees as aforesaid, the Seller hereby agrees to assume the defame thereof and to
defend the same at the Sellers own expeme, to pay any and ell costs, charges, runways fors and other expenses,
my and all judgmants that may be, incurred by or obtained against IN Perchance or any of its or their oRem,
alums or employees in such suits or other proceedings. and in rase judgment Or other lied be placed upon or
obtained n,weed the pmpeny, of the Purchase, or said parties in or as a result ofsuch suits or other proceedings,
the Seller will at once cause Ile same as be dissolved and discharged by giving bond or otherwise. The Seller and
his confctm shall lake all safety precautions, famish and install all guard necessary for the prevention of
accidents, comply with all laws and regulations with regard as sandy including, but without limitation, the
Occupational Safety and Health Act of 1990 and all rates and regulations issued pursuit thereto.
Revised 07I2014