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HomeMy WebLinkAbout160325 CITY OF LOVELAND - PURCHASE ORDER - 9111262PURCHASE ORDER PO Number Page City Of9111262 ' of s `t CollinsCThis number must appear " on all invoices, packing slips and labels. Date: 03/01/2011 Vendor: 160325 CITY OF LOVELAND DEPARTMENT OF PUBLIC WORKS -TRANSIT 410 E 5th ST LOVELAND Colorado 80537-5641 Ship To: TRANSFORT BUS FACILITY CITY OF FORT COLLINS 6570 FORTNER ROAD CITY OF FORT,COLLINS Colorado Delivery Date: 03/01/2011 Buyer: DAVID CAREY Note: / Line Description Quantity UOM Unit Price Extended Ordered Price Farebox Reimburse to COLT LOT LS 3,535.38 January 2011 Per City of Loveland Transit(COLT)Invoice #4 Dated 02/28/11. U City of Fort Collins Director of Purchasing and Risk Management This order is not valid 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchasc Ordcr Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fen Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAI V ER. 98-6,1502. Federal Excise Tax Exemption Cerifewe of Registry 94-60 W5R7 is registered with the Collector of Failure of the Purchaur to insist upon strict performance of the terms and conditions hereof. failure or delay to Internal Revenue. Denver Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights of remedies provided herein Or by law, failure to promptly notify the Scller in the event Of o breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specification, either when shipped or due to defects of any of the wamnties or obligations of this purchase order and shall not be doomed a waiver of any right of the damage in transit. may be trimmed to you for credit and arc not to be replaced except area receipt of written purchaser to insist upon strict performance hercofor any of its rights or remedies as to any 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 pnrponed Ord modification or rescission of this purchase order by the Purchaser operate as a waiver of anv of the tans Inspection. GOODS me subject to the City of Fort Collins inspection on arrival. here.(. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of For Collins. Hoverter. it is to be underm and that FINAL Seller and the Purchaser rcwgnize that in actual economic practice, overcharges resulting fmm antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violmiens arc in fact bomc by the Purchasc,. Themonf on, for good cause and as consideration for executing Ibis purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hamncr Freight Tcrms. Shipments must be F.O.H.. City of Fen Collins, 700 Wood St. Fora Collins, CO 80522. unless acquired under federal or .state antitmst laws for such overcharges relating to the particular goods or scniccs otherwise specified on this order, If permission is given to prepay freight and charge separately. the original freight purchased or acquired by the Purchaser 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 manufacturcis have distributing points in various pans of the country, shipment is If the Purchaser directs the Scller to correct nenconfomting or defective goods by a dine Io be agreed upon by the expected fmm the nearest distribution point to destination, and execs, freight will be deducted Form Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made farm greater distance. may cause the work to be perfumed by the most expcditimts means available to it. and the Scllcr shall pay all costs associntcd with such work. Pcmrit,. Seller shall procure at sellers sole cost all necessary permits. certificates and licenses required by all applicable laws, regulations, ordinances and ndcs of the state, municipality, teritury or political suMlivision whcrc the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller funher agrees to hold the City of Fort Collins harmless from and i geinc all liability and Ins, incurred by them by reason of en asserted or established violation of any such laws, regtdations, ordinances. Odes and rcquircmcnts. Authorization. All panics to this contract agree that the representatives are. in fact, bona fide and posses, full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limit, acceptance to the terms and conditions stated herein set forth end any supplementary or additional toms and conditions annexed herein or incorporated herein by reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as noted, Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of panial late deliveries, shall operate it a waiver of this provision. In the event crafty delay. the Purchaser shall have. in addition to other legal and equitable ¢medics, 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 rea omobly foreseeable which are beyond its reasonable euntrol and without its fault of negligence, such acts of God, acts of civil or military authorities. governmental priorities, fires, strikes. food, epidemics, a'am or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof In the recut of any such delay, the date of del ivcry shall be extended for the period equal to the time actually lost by mason nfthc delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will confomi with applicable drawings, specification, samples and/or other descriptions given, will be fit for the purposes intended, and performed aith the highest dcgrcc of care and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser hamdess from any loss, damage or expense which the Purchaser 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 fault, arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty pmvided by the Scllcr after the date OI' acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting front imperfect or defectitc work done or materials famished by the Seller. Acceptance or ass of goods by the Purclmscr shall not constitute a waiver ofany claim under this wamnty. Exempt as otherwise provided in this purchase order, the Sellers liability hereunder shall extend trial] damages proximately caused by the breach of any of the foregoing aanantic, 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 Purchaur may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS, The Purchaser may make any changes to the tans, other than legal terms, including additions to or deletions form the quantities originally ordered in the specification or drawings, by verbal or .vrinen change Her. If any such change affects the amount due or the time of per(omrancc 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 of the goods then not shipped, subject to any equitable adjustment be,urc t the panics as to any work or materials then in pmgress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the good anchor work, for incidental or consequential damages. and that no such adjustment he made in favor of the Seller with respect to any goods which are the Scllcr standard stock. No such termination ,ball relieve the Perchance or the Seller of any of their obligations as to any goods delivered hereunder. Z CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or termination is ordered. R. COMPLIANCE WITH LAW, The Seller warranty that all goods sold hcreunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable Inws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as maybe required to effect or evidence compliance. All laws and regulations required to be incorpomo d in agreements of This character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless form all costs and damages suffered by the purchaser as a result of the Sellers failure to comply wilh such law. 9. ASSIGNMENT. Neither parcy shall assign, transfer. or convey this order, or any merits due or to become doe hereunder without the prior written consent ofthc other parry. 10. TITLE. The Seller warm out full, clear and anresnietcd title to the Purchaur for all equipment, materials, and items furnished in performance of this agreement free and clear of any and all liens, restrictions, resena,ions, sccuri,y interest encumbrances and claims predicts. The Seller shall mleese the Purchaser and its contractors of any tier from all liability and claims ofany nature resulting from the performance ofsnch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to life directors. OlFtacrs and employees ofsnch parcy. 1lie Seller's contractual obligations, including warranty, shall not be doomed to be reduced, in any way. because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright. the Scllcr shall indemnify and save hanni the Purchaser fmm any and all claims far infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or dmage which it may be Obliged to pay by reason ofsnch 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 m constitute infringement and the use of .said equipment or pan is enjoined, the Seller shall. at its own experts, and at its option, either pmauc for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringtng. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, mike an nssignment for the better, of creditors. appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith he canceled by the Purclmscr without liability. 16. GOVERNING LAW. The definition, of Tcros used or the interpretation of the agreement and the rights ofall panics hereunder shall be constmed under and governed by the laws oftht State of ColOndo. USA. 'rhe following Additional Conditions apply only in eases where the Scllcr is to perform work hereunder. inchuding the services of Scllcrs Reprountative(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller', own risk until the same is fully enrnphtc l and accepted. and shall, in case of any accident, dcamction or injury to the work and/or materials helium Seller's final completion and recTi nee, complete the work at Scller's own expense and to the stisfeflon of the Purchaser. When mateials and equipment arc furnished by others for installation or erection by life Seller. the Seller shall receive, unload, store and handle same it the site and bacon responsible therefor a, though such materials and/or equipment were being furnished by the Seller under the order. 19. INSURANCE. The Scllcr shall, at his own expense, provide for the payment of workers 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 dependent, in accordance wish the laws of the slate in which the work is to be dorm. "rhe Seller shall also carry conprchcnsivc general liability including, but not limited in, contractual and automobile public liability insurance .with bodily injury and death limits of at (cast S360,000 for any one person. S500.000 for any One accident and property damage limit per accident of Sarni The Seller shall likewise require his contractors, if any. to provide for such compensation and insurance ncfom any of the Scllcr, or his common' cmployccs shall do any work upon the premises ofothers, the Seller shall furnish the purchaser with a certificate 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 that such compensation and insurance shall he maintained until net the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury friary kind or nature whmsoevcr to persons or property caused by or resulting front the execution of,hc work provided for in ,his purchase order or in connection herewith. The Scllcr will indemnify and hold hanalcm the Purchaser and any or all of the Purchasers officers, agents and cmployccs fmm 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 action, neglect, emission or default on the par of the Scllcr, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or cmployccs 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 officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense sharer 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 Purchaur Or any of its or their officers. agents or employees in such suits or other proceedings, and in case judgment or other on be placed upon or obtained against the property ofthe Purchaser, or said parties in or ac n result of -such suits or other Proceedings the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Scllcr and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention Of aceiden,s comply with all laws and regulations mi,h regard to safety including. but wi,htnn limitation, the Occupational Sarety and Health Act of 1970 and all ndcs and regulations issued pursuant ihcrclo. Rcvi,ed 03/2010 EPLS Search Results Page 1 of 1 LP�Fj IE�Exel5xdedlaui;es IGisa S}yst�txu Search Results Excluded By Firm, Entity, or Vessel : City of Loveland Transit State: COLORADO as of 29-Mar-2011 4:28 PM EDT Your search returned no results. https://www.epls.gov/epts/search.do-,jsessionid=COB E62D9F870237131 F 110078A 1 D6F4... 3/29/2011