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HomeMy WebLinkAbout261792 NORTH FRONT RANGE MPO - PURCHASE ORDER - 9957341Date: 12/8/2009 City of F6rt Collins Page Number: 1 Purchase Order Number: 9957341 Delivery Date: 12/8/2009 Buyer: HUME,JAMES Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence. Note: Line Qty/Units Description Extended Price 1 1 LOT Purchase of used Van #20310 Per invoice #20538 City of Fort CotffinfDirector of Purchasing and Risk Management This order is HIRValid over $5000 unless signed by James B. O'Neill II, CPPO 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 8,750.00 Total $8,750.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fun Collins is exempt fiom stile and local taxes. Our Exemption Numlaer is 98-04502. Federal Excise Tax Exemption Certificate of Regisny 84-6000587 is registered with the Collector of Internal Revenue- Denver. Colorado (Ref. Colorado Revised Statutes 197 3, C'.hapter 30-26, 1 14 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or clue 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 from the City of Fort Collins. Inspection. GOODS me subject to the City of Fon Collins inspection on arrival. Final Acceptance. Receipt ofthe merchandise, services or equipment in response to this order can result in authorized payment on the pat ofthe City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Teams. Shipments must be F.O.B., City of Foil Collins. 700 Wood St.. Fort Collins, CO 80522. unless otherwise specified on this order. I fpennission is given to prepay f eight and charge separately, dnc original ficight bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in carious pans oft he country, shipment is expected from the newest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules ofthe state, 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 further agrees to hold the City of Foil Collins harmless fiom and against all liability and loss incuned by them by reason of an asserted or established violation of any such laws, regulations, ordinances. rules and requirements. Authorization. All parties to this contract agree that the representatives arc, in fact, Ixana fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limmits acceptance tothe terms and conditions stated herein set forth and any supplementary or additional tetras and conditions annexed hereto or incorporated herein by reterence. Any additional or different terns and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot snake annplefc shipment to arrive on your promised delivery bate as noted. Time is ofthe essence. Delivery and perlinmance must be effected within the tittle stated on the purchase order and the documents nuached hereto. No acts of the I'urchasers including, without limitation, acceptance ofpatial late deliveries, shall operate as a waiver of this provision. In [lie event of'anydeluy, 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 tar 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, governmental priorities. lines, strikes. flood, epidemics, wars or riots provided that notice ofthe conditions causing such delay is given to the Purchaser within five (5) days ofthe tittle when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall beextended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, aticles, materials and work covered by this order will confimn with applicable drawings, specifications, samples and/or other descriptions given, will be fit lit the proposes intended. and perfomnecl with the highest degree of care and competence in accordance with accepted standmds lbr work of a similar nature. The Seller agrees to hold the purchaser harmless bona any loss, damage or expense which the Purchaser may sutler or incur on account ofthe Sellers breach of wananty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (I) yea' or within such longer period of time as navy le prescribed by law or by the terns of any applicable warranty provided by the Seller aficr the date of acceptance of the goods famished hereunder (acceptance not to be out delayed), resulting fi ono imperfect or defective work done m materials furnished 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 order. the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any ofthe foregoing wan:mties or guarantees, but such liability shall in no event 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 snake any changes to the terns, other than legal terns. including additions to or deletions bout 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 of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions ofihe goods then not shipped, subject to any equitable adjustment between the parties as to any work or nnaterials then in progress provided that the Purchaser shall not be livable for any chains for:uticipated profits on (lie uncompleted portion ofthe goods and/or work, far incidental or consequential damages. and that no such adjustment he node in Ihvor ofthe Scller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations :as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim fro adjustment must lac asserted within thirty (30) days tool the dale the change or ternlinaviOn is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced. sold delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as Truly be required to effect or evidence compliance. All Imes and regulations required to be incorporated in agreements of this chmicter are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fiom all costs and dantages suflefed by the Purchaser as a result ofthe Sellers failure to comply with such law. If and only to the extent this [Agreement] constitutes a "sole source government contract" within dae meaning of Article XXVIII ofthe Colorndo Constitution ("Article XXVIII"), then the provisions ol'Section 15 ofArticle XXVIII are hereby incorporated into this [Agreement]. In such a case, if the [C'outracturI or any other person Who is a "contract holder" as defined in Section 2(4.5) of Article XXVIII intentionally violates Section 15 or Section 17(2) of Article XXVIII, then the [Contractor] agrees it shall be ineligible to hold any sole source government contract, or public employment with the state of Colorado or any of its political subdivisions. fin' three years. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. The Scller warrants full, clear and unrestricted title to due Purchaser for all equipment, materials, and items famished in pertiuiretnce of this agreement, fiee and clear of any :and all liens, restrictions, reservations, security interest encumbrances and claims ofothers. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terns and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, faikre to promptly notify the Seller in the event of a breach, the acceptance ofm payment for goods hereunder or approval ofthe design, shall not release the Seller of any ofthe avan-aulies or obligations of this purchase order and shall not ae deemed a waiver of any tight of file purchaser t insist upon strict perimmance hereof et any of its rights or remedies as to any such goods, regardless of when shipped. received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oml modification or rescission of this purchase order by the Purchaser operate as a waiver of any ofthe teraas hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact berme by the Purchaser. Theretofore, forgood cause and as consideration for executing this purchaseorder, the Seller hereby assigns to the Purchaser airy and all clains it may now have or hereafter acquired under federal on state antitrust laws fir such overcharges relating to the particular goods or services proehased or acquired by the Purchaser pursuant to this purchase order. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchasermay cause rile work to be performed by the most expeditious paeans available to it. and the Seller shall pay all costs ❑ssoci;ncd with such work. The Seller shall release the Purchaser and its contractors ofany net from all liability and clains ofanynaure resulting fiom the pertot nmucc ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors. onicer:s and employees of such party. . The Seller's contractual obligations, including o•ananty, shall not be deemed to be reduced, in any way, because such work is perfinrned or caused to be perfionued by the Purchaser. 14, PATENTS. Whenever the Scher is required to use any design, device. material or process covered by letter, patent, trademark m copyright, the Sellcr shall indemnify and save harmless the Purchaser front any and all claims for infiineenaent by reason of the use ofsuch pmented design, device, material or process in connection with the contract, and shall indemnify the fhuchascr tir;my cost. expense or damage which it maybe obliged to pay by reason ofsuch infringement at anytime during the prosecution or after the completion ofthe work. In case said equipment. or any pan thereofor the intended use of the goods, is in such suit hell 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 pans, replace the same with substantially equal but non -infringing equipment, or modify it so it becomes non -infringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, nuke an assignment for tine benefit ofcreditors, appoint a reeeiveror trustee liar any of the Sellers property or business. this order tray forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terns used m the interpretation ofthe agreement and the rights of all parties hereunder shall be construed under and governed by the Ines of the State of Colorado, USA. The tblloeine Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Scller shall canyon said avork at Seller's own risk until the same is filly connpleted and accepted, and shall, incase of any accident. destruction or injury to the work and/or materials before Seller's final completion and acceptance, mplete tile• work in Scllcr's own expense and to the satisfaction ofthc Purchaser. When materials and equipment me furnished by nthcirs for installation or erection by the Seller. the Seller shall receive. unload, store and handle same at the site :ad liccome responsible therefor as though such materials and/or equipment were being furnished by the Seller under the older. 18. INSURANCE. The Seller shall, a his own expense.provide for the paynnent ofavorkers compensation. includingoecupationaldise:se 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 cant' connprchensive general liability including, but not linmited to, contractual and ❑utonnobile public liability insurancewith Bodily injury and death limits of at least S300,000 for any one person. S500.000 for any one accident and property dannage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shut[ eto any work upon the premises ofothers, the Seller shall furnish the Purchaser with a certificate that such compensation and inswnnce 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 that such compensation and insurance shall be maintained until litter the entire work is completed and accepted. I9. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility :and liability for any and all dannage, loss or injury of any kind or nauue mvhatsoever to persons m property caused by or resulting fiom the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Puchaser and any m all of the ISnchasers ollicers, agents and employees from and against any and all claints, losses, damages, charges or expenses. whether director indirect, and whether to persons or properly to which the Purchaser maybe put or subject by reason of any act. action, neglect, omission or default on the pan ofthe Seller, anyofhis contractors, or anyofthe Sellers or conoactors officers. agents or employees. In case anysuit or other proceedings shall be brought against the Purchaser. a its officers, agents or employees at any tine on account or by reason of any act, action, neglect- omission or dc•luutt of the Seller of;uly of his contractors or any of its or their officers. agents or employees as aforesaid. the Seller hereby agrees to assunne the defense thereof rand to defend the sane at the Sellers own expense, to pay any and all costs. charges. attorneys fees and other expenses, any and all judgments that naay be incurred by or obtained against the Purchnser or ally of its or their officers, agents or employees in such suits or other proceedings, and in case judgmental other lien tie placed upon or obtained against the property of the Purchaser. or said parties in or as a result of such suits or other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or othervise. The Seller and his contractors shall take all safety precautions, furnish 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 thereto. Revised 0411001)