HomeMy WebLinkAbout110807 TRANSWEST TRUCKS INC - PURCHASE ORDER - 9150718City of
FF6rt Collins
Date: 01130/2015
Vendor: 110807
TRANSWEST TRUCKS INC
7626 BRIGHTON RD
COMMERCE CITY CO 80022
PURCHASE ORDER
PO Number Page
9150718 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: 01/30/2015 Buver: DOUG CLAPP
Note: replaces unit# 27078
which was totaled
Line Description Quantity UOM Unit Price Extended
Ordered Price
t MOTOR VEHICLE
2015 114SD 6X4 TANDEM CNG DUMP
reference quote dated 10/2114
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@fcgov.mm
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
Fort Collins
PURCHASE ORDER
PO Number Page
9150718 2013
This number must appear
on all invoices, packing
slips 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
2 RAQC Portion - PO#716 10/31/14
3 Minimum Match Required
for City of Fort Collins
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.mm
1 LOT LS
1 LOT LS
33,960.00
Total $141
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. COMMERCIALDETAII,S.
Tax exemptions. By statute the City of Fan Collins is exempt Bum state and local axes. Our Exemption Number is
11. NON WAIVER.
98-01502. Federal Excise Tax Exemption Cedifcate of Registry 84-6000587 is registered with the Collector of
Failure ofthe Purchaser to insist upon strict performance ofthe terms and conditions hereof, failure or delay to
Interim[ Revenue, Denver, Colorado (Ref. Colorado Revised Smmtes 1923, Chapter 39-26, Its (a).
exercise any rights or remedies provided herein or by law, failure to promptly notify no Seller in the event of a
breach,heacceptance of or payment for goods hereunder m approval ofthe design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure m meet specifications, either when shipped or due to defects of
any of the warranties or obligations of this purchase order and shall not be decimal a waiver of any night of no
damage in transit, may be resumed m you for credit and are not to be replaced except upon receipt of written
purchaser m insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless
instructions from for City of Fan Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shell any pmponad
oral modification or rescission of this purchase order by the Purchaser operate as a waiver or any of the tame
Inspection. GOODS are subject to the City of Fan Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order ran result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
amhon,ed payment on the pan of the City of Fort Collins. However, it is m he understood not FINAL
Seller and the Purchaser recognize that in actual or, c pounce, chargeefrom iniiut
over
ACCEPTANCE is dependent upon completion of all applicable required inpection procedure.
violations are in fact borne by the Purchaser. Thersmfore �forgood cause and as consideration for executing this
prombas, order, rise Seller hereby assigns to the Purchaser any and all claims it may now have at hereafter
Freight Terms. Shipments most b, F.O.B., City of Fort Collins, IN Wood St., Fair Collins, CO 80522, unless
acquired under federal or sate antitrust laws for such overcharges relating m rise particular goods or services
tuberous, specified era this oNer. If permission is given to Prepay freight and charge separately, the anginal freight
purchased m acquired by the Pusrchaser pursuant to this purchase order.
bill must accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where warnufaomerm have distributing porno in various pits of the country, shipment is
Ifthe Purchaser directs the Seller as correct rtonconforning or defective goods by a date to be agreed upon by the
expected from the owner distribution Point to deatination, and excess freight will be deducted fmm Invoice when
Purchaser- and the Seller, and the Seller Nercafter indicates its inability or unwillingness to comply, the Purchaser
shipments arc made from Bremer distance.
may cause the work m be performed by fire mar expeditious means available to it, uM she Seller shall pay all
cos, as,«noted with such work.
Permits. Seller shall procure at sellers sole cast all necessary pemits, cenifcate, and licenses ropmred by all
applicable laws, regulations, oNinantts and roles of the state, municipality, territory or political subdivision where
the work is performed, or "aired by any other duly contained public radiariry having jurisdiction over the work
of vendor Seller further agree to hold the City of rod Collins hmmless fmm and normal all liability and Ins
incurred by them by remain of an evened or established violation of any such laws, regulations, mad mantes, tales
and requirements.
Annunciation. All panics to His contract agree that she representatives art, in fad, from fide and Possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order eapacedy limits acceptance to the names and condifion stated
herein set forth and any supplementary or additional terns and conditions annexed hereto or incorporated herein by
reference. Any additional or diffeand It. road conditions proposed by seller are objected to and hereby jaded.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou coma d make complete shipment m arrive on yam
promised delivery date as noted. Time is ofthe essence. Delivery and Performance must be i famed within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance of partial late ddivedes, shall oprmm as a waiver of this provision In the went 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 damages. However, the Seller shall not be liable for damages as a result of delays
due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence,
such acts of Gad, acts ell or military authorities, gcommenal panics, fire, mrlkes, flood, epidemics, wars or
Hats provided that notice of the conditions causing such delay is given m the Purchaser within fare (5) days of the
time when the Seller first received knowledge thereof. In the event of any such delay, the dum of delivery shall be
extended for the period equal to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller wananls that all goods, articles, materials rid work covered by this order will conform with applicable
drawings, specifirrom s, somples andlnr ether descriptions given, will be fit for the purposes intended, and
perforated with the highest degree of care and competence in accordance with accepted standards for work of a
imilar nalure. The Seller agrees m hold the purchaser harmless from any loss, damage or expense which the
Purchaser may suffer or Incur on account ofthe Sellers breach of waromty. The Seller shall replace, repair or make
good, without cost m he purchaser, very defects or faults arising within one (I) year or within such longer period of
time as may be pfescribtvl by law or by the lamas of any applicable warranty provided by the Seller eBe, the date of
acceptance of the goods fumished hereunder (acceptance nor to be unreasonably delayed), reulting fmm 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 warranty. Except as otherwise provided in this purchase mWn, 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 loss ofprons or loss of vas. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal forms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Pmdettr, may make any changes to she terms, other than legal terms, including addition to or dididwas from
the q..fares canto illy ordered in roe specifications or drawings, by vertical or women change order. If any such
change a@co the amount due or the time of performance hrrzundcn rn equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change maker, lemminste this afrcesnens as to any or all portion of the
goods Then not shipped, subject to any ¢guidable adjustment between the panics as to any work or materials then in
progress provided sun the Purchaser shall not M liable for any claims for omiciWrN pmfiw on ow uncompleted
portion of the goods andNm work, for incidental or cmmequemlal damages, and that no such adjustment be made W
favor of the Seiler with respect to any goods which ate the Sellers sorted N slink. No such termination shall relieve
the Pmrchaser or We Seller ofmry oftheir obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be assured within Nifty (30) days fmm the date the change in termination u
modified.
8. COMPLIANCE WITH LAW.
Tic Seller warrants shad all Soots sold hereunder shall have been pmdocrd. sold, delivered aM fumished in must
compliance wish all applicable laws and regulations to which the goods are subject. The Seller shall execute and
deliver such documents as may be required to eR t or evidence compliance. All laws and regulations required to is,
ncmponmd in agreements of this character art hereby incorpon ed herein by this reference. The Seller agrees to
indemnify and hold Ne Purchaser harmless from al I casts and damages suffered by the Pumhasn as a result of the
Sellers failure to comply with such taw.
9. ASSIGNMENT.
Neither party shall resign, number, or convey this order, or any monies due or to become due hereunder without the
prior windiest consent ofthe other party.
I O. TITLE.
The Seller warrants full, clear and untenanted title m the Purchaser for all equipment, materials, and items banished
n performance of this agreement, free and item of any and all lien, restrictions, reservations, security interest
mcumisome. and claims i fotheo.
The Seller shall release Ne Purchaser and its cu s. of any tin from rill liability and claims of any notate
aeulting fmm the pnfortnavice ofsuch work.
This release shall apply men in the event of fault of negligence of the parry telemN and shall extend to the
directors, officers and employees ofmch parry.
The Sellers contactual obligmions, including warranty, shall not be deemed to br tendered, in any sea, because
such work is performed Or crowd to ha performed by the Formation.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark
r copyright, the Seller shall indemnify and save hamtless the Purchaser from coy and all claims for infringement
by reason of the use of such patented design, device, material or process in connection with the contract, and
shall indemnify the Purchmn for any cost, expense or damage which it may be obliged to pay by crmon of such
infrt-ngement at any time during the prosecmtlon or after the completion of the work. In case said equipment, or
any pan thereof or ire intended use of the goods, is in such suit held to constimk infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either prove. for the
Purchaser the right m continue using said equipment or pans, replace the same with substantially equal but
noninfringing equipment, or modify it so is becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bamtmpt, make an assignment for the benefit of creditors, appoim a
receiver or trustee for any of the Sellers proprody or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions ofterme used or she interpretation ofthe agreement and the fights of all panics hereunder shall be
construed under and governed by the laws ofthe State of Colorado, USA.
The following Additional Conditions apply only in coms white the Seller is To serfrme work hereunder,
indoding the services of Sellers Remosentatist,O), an the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry, on said work at Seller's own risk until the same is fully completed and accepted, and shall,
ar u of any accident, destncllon or injury to the work and/or materials before Settees final completion and
acttptance, complete the work at Seller's own expense and m the satisfaction of the Purchaea When moterials
and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle same at the site and become responsible thetrfor as though such materials and/or equipment
were being fumished by the Seller under the order.
is. INSURANCE.
The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational
disease beaefre, to its employees employed on or in connection with the work covered by this purchase oNer,
and/or W their dependents in accordance with the laws of the stare 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 least $30 ." for any one person, S500000 for any
one accident and property damage limit per accident of S400,000. The Selltt shall likewise require his
comments, if any, to provide for such compensation and insurance. Before any of the Sellers or his courea dma
employees shall do any work upon the premise of others, the Seller shall fumuh the Purchaser with a cmifcate
Nat such compensation and insurance have been provided. Such cerofncarms shall specify the dam when such
compensation and insurance have hem provided Such certificales shall specify the date when such compensation
and insurance expires_ The Seller ogees Nut such wmlzmation and inmmme shall be maintained until aver the
entire work lu complied and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the maim repmasibild, and liability for any and all damage, loss or injury ufany kind
nature whatsoever on person or property caused by or resulting from Ne executinn ofthe .,it provided for in
this purchase order or in connection herewith. The Seller vrill indemnify and hold lummless the Purchoser and any
or all of the Pumhasers officers, agents and employees fmm and against any and all claim, losses, damages,
charges or expenses, whether direct or indicter, and whether to person or prapeny to which the inclusion nay
W per or subject by a.. of any act, adios, neglect, omission or default on the pan of the Seller, any of his
contractors, o any of the Sellers or contractors officers, agents or employes. In cam any said or other
proceedings shall be brought against the product m its oRccrs, agents or employees many time an account or
by reawn of any at, action, neglect, omission or default of the Seller of any of his comrncsors or any of is or
Weir ofc—. agents or employees as aforesaid, Nc Seller hereby agree to assume the defense thcrwaf and as
defend the same at the Sellers own expanse. to pay any and all costs, chain, atmmey, fees and other expenses,
any mad all judgments that in, be incmml by or obtained againt the Pmchucr or any of its or Weir oWon.,
agents Or employees in such suits or other proceedings, and in cat judgment or other lien be placed upon or
obtained againt the property of the Purchaser, or said parties in or as a result of such suits or other proceedings,
the Seiler will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall aka all safety precaution, famish and install all guards necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant Nerzto.
Revised 07R014