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HomeMy WebLinkAbout160325 CITY OF LOVELAND - PURCHASE ORDER - 9111579City of Fort Collins PURCHASE ORDER Date: 03/16/2011 Vendor: 160325 CITY OF LOVELAND DEPARTMENT OF PUBLIC WORKS -TRANSIT 410 E 5th ST LOVELAND Colorado 80537-5641 PO Number Page 9111579 1 of This number must appear on all invoices, packing slips and labels. Ship To: TRANSFORT BUS FACILITY CITY OF FORT COLLINS 6570 FORTNER ROAD CITY OF FORT COLLINS Colorado Delivery Date: 03/16/2011 Buyer: DAVID CAREY Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2009 - 5307 Pass thru Funding 1 LOT LS 6,566.00 Paratransit Analysis Reimburse per City of Loveland Transit (C.O.L.T.) Reimbu/mentoice #11 dated 03/14/2011. 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 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is 11. NON WAIVER. 99-04502. Federal Excise Tax Exemption Certificate of Registry 94-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict perfomtanec ofthe terms and mndilions hermf, failure or delay to Internal Revenue, Denver. Colorado (Rcr. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthc design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or doe to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of wry right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written Purdmxcr to insist upon shier performance hemofor any of its rights or remedies as to any such goods, regardless instructions from the City effort Collins. of when shipped, received or accepted, as to any prior Or subsequent default hereunder, nor shall any purported and modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival, hereof. 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 part of the City of Fen Collins. However, it is to he understead that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures violations arc in fact home by the Purchaser. Theretorom. for good cause and as consideration for e ceding this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or Immune, Freight Terms. Shipments must be F.O.B.. City of Fen Collins. 700 Wood St_ Fen Collins. CO 80522. unless required under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If pcmmission is given to prepay freight and charge separately. the original freight purchased or acquired by the Purchaser pursuant to this purchase orden bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERSOBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If the Purclmscr directs the Seller to correct nonconforming or defective goods by a lac to be agreed upon by the expected from the nearest distribution point to destination. and excess freight will be deducted from Invoice when Purchaser and life Scllcr, and the Seiler thereafter indicates its inability or nmvillingness to comply, the Pumhascr shipments are made from greater distance. may cause the work to be performed by the most expeditions means available to it, and the Seller shall pay all costs assaciacd with such work. Permits. Seller shall promote at sellers sole cast all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and odes of the 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 Fen Collins hamdess foam and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements, Authorization. All panics to this cone, in agree that the representatives arc, in fact. bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set Inch and any supplementary or additional terms 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 promised delivery date as noted. Time is of the essence. Delivery and performance must he effected within the time stated on the purchase order and the documents attached hereto. No act of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event crafty 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. Drummer, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond it reasonable control and without its fault ofnegligence, .such acts of God, acts ofeivi) or military authorities, governmental priodtics, fires, strikes Paid, epidemics, wars 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 event crony such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY, The Seller warrants that all goods, articles materials and work covered by this order will confomm with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature The Seller agrees to hold the purchaser harmless front any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Scllcr shall replace, repair ar make good, without cost to the purchaser, any defects of fault arising within one (1) year ar within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller aver the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver crane 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 of the foregoing warranties 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 make any changes to the terms, other than legal terms, including additions to or deletions from 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 ofperformance hereunder, an equitable adjustment shall he 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 between the panics as to any work or materials then in progress provided that the Pumhascr shall not be liable for any claims for anticipated profits on the uncompleted portion of the goads and/or work, far incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser we the Seller crony ofthcir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) dams from the date the change or termination 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 Imes and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be overtrained in agreements ofthis character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser homeless from all costs and damages sufficred by the Purchaser as a result of the Scllcrs failure to comply with such law. 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. 10.TITLE. The Seller aam, it, full, clear ad unrestricted title to the Purchaser fro all equipment, materials, and items furnished in performance of this agreement free and clear of any and all liens restrictions reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofstah work. This rclaasc shall apply even in the event of (melt of negligence of the party released and shall extend to the directors. officersand employees ofa¢b parts. The Seller's contractual obligations, including ,ninty, shall not be deemed to be reduced. in any way. because such work is performed or caused to be performed by the Pumhascr. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by ICVcr, patent. trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringenaem by reason of the use of such patented design, device. material or process in connection with the contnct. and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by person of such 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 equipment or part is enjoined, the Seller shall, at its own expense and at its option, either proanc for the Purchaser the right to continue using said equipment or pans replace the same with substantially equal but noninfringing equipment, or modify it so it becomes anninfrim ing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver, or trestec for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftemu used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be construed tinder and governed by the laws ofthe State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Rcprescradive(s), on the premises ofothcrs. 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, in ease of any accident, destnnction or injury to the work and/or matcrials before Seller's final completion and acceptance. complete the work at Seller's own expense and to the satisfaction ofthe Purchases When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Scllcr under the order. IS. INSURANCE. The Scllcr shall, at his awn 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 oMcq 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 carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance .with bodily injury and death limits of at least S300,000 for any one person S500, 000 for any one accident and property damage limit per accident of S400,000. The Seiler shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employecs shall do any work upon the premises ofothcrs the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such cenifteacs shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the than .when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility mad liability for any and all damage, loss or injury crafty kind or nature wha¢o,wer to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, 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, action, neglect, omission or default on the pan of the Seller. 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 employees at any lime 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 thereof 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 Purchaser or any of its or their effects, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said panics in or as a result of such suit or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond er otherwise. 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 refund to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rates and rcgndations issued pursuant thereto. Revised 03/2010 EPLS Search Results Page 1 of 1 Search Results Excluded By Firm, Entity, or Vessel :City of Loveland State: COLORADO as of 29-Mar-2011 4:41 PM EDT Your search returned no results. https://www.epls.gov/epls/search. do? full_name=City+of+Loveland&status=current&state... 3/29/201 1