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HomeMy WebLinkAbout160325 CITY OF LOVELAND - PURCHASE ORDER - 9112115PO I City of PURCHASE ORDER 9112115r Page of2 t CollinsI This number must appear on all invoices, packing slips and labels. Date: 04/14/2011 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 PORTNER ROAD CITY OF FORT COLLINS Colorado Delivery Date: 04/14/2011 Buyer: DAVID CAREY City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, CPPO City of Fort Collins Purchasing, PC 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 L COMMERCIAL DETAILS. Tax exemptions By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAIVER. 99-W502. Federal Excise Tax Exemption Certificate of Registry 84-6001 is registered with the Collector of Failure of the Pu¢hascr to insist upon strict performance of the terms and conditions hererof failure or dclav to Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies pmvided 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 net release the Scllcr of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the wam, ntics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may he rctumed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict Performance hereof or any of its rights or remedies as to nny such goods, rcgardless insouciant; floor the City of Fort Collins. of when shipped, received of accepted, as to any prior or subsequent default hereunder, nor shall any merriment oral modification or rescission of this purchase order by the Purchnscr operate as a waiver of any of the tans Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in respomse to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fen Collins. llowcvcq it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from uvitost ACCEPTANCE is dependent upon completion ofa11 applicable required inspection procedures. violations me in fact borne by the Purchaser. Theretofore, far good cause and as consideration for executing this pnrehnsc order, the Seller hereby assigns to fire Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fort Collins, 7W Wood St., Fen Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services 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 he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufactumrs have distributing points in various parts of the country, shipment is If the Pu xhascr directs the Seller to correct nonconforming or defeclivc goods by n date to be agreed upon by the expected form the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Scllcr, and the Seller fl crm0er indicates its inability or unwillingness to comply, the Purchaser shipments arc made fmm greater distance. may cause the work to be performed by the most expeditious meras available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cast all necessary, pcmits, certificates and licenses required by all applicable laws regulations, ordinances and rules of the state. municipality, territory or political subdivision where the work is p domed, car required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless fmm and against all liability and loss incurred by them by reform of an asserted or established violation cranny such laws, regulations, ordinances, ones and rcquiu meats. Author zatim. All parties to this contract agree that the representatives arc, in fact, bona lids and possess full and complete authority in bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by refierenec. 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 perfnmu ince most be effected within the time stated on the purchase order and the documents funehcd hereto. No acts of the Purchasers including, without limitation. acceptance of partial haft 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 ofplacing this order elsewhere and holding the Seller liable for damages. However, the Scllcr shall not be liable for damages as a result of delays due to causes net reasonably feresecable which arc beyond its reasonable control and without its fault of negligence. such act,, of God, rem fcivil or military authorities. governmental priorities, fires, smlkes. Brad, epidemics. wars or rills provided that notice opting conditions causing such delay is given to the Pumhawr within five (5) days of fire time when the Seller First received knowledge thereof. In the event of nny such delay, the date of delivery shall be cx ended for the period equal to the time actually lost by reason of the delay 3. WARRANTY. The Seiler warrants that all goods, articles, materials and work covered by this order will conform 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 hamilcm form any Toss, damage or expense which the Pumhaser may .suffer or incur on account of the Sellers breach of wamnty. 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 tans of any applicable wamnty provided by the Seller after fire date of ,acceptance of the goods furnished hcrcundcr (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seiler. Acceptance or use of goads by the Purchaser shall not constitute a waiver ofany claim under this wamnty. Except as otherwise pmvided in this purchase order, the Sellers liability hcrconder shall extend to all damages pmximatcly caused by the breach of any of the foregoing wamntics 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 term, other than legal tcmt, including additions to of deletions fmm 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 ofperfommacc 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 pertiens of the gads then net shipped, subject to any equitable adjustment between the panics as to any work Or materials then in progress provided that the purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/Or work, for incidental or consequential damages. and that no such adjustment be made in favor critic Seller with respect to any goods which arc the Sellers standard stock. No such Icmination shall relieve the Purchnscr or the Seller of any of their obligations w many goods delivered hcrconder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days fmm the date the change or termination is uncurl. It. COMPLIANCE WITH LAW. The Seller wamnty 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 ddiver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agiecmwnts of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm all cost and damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, mnsfeq or convey this order, or any monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens. restrictions, rescnations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tic, fmm all liability and claims of any nature resulting from the perfomuncc ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, oRecrs and employees of such party. The Sellers contractual obligations, including wamnty, shall not he decreed to be reduced. in anv way, because such work is performed or caused to be perfomed 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 Seiler shall indemnify and save hamdess the Purchaser from any 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 Purchaser for any cost, expense Or damage which it may be obliged to pay by reason of such infringement it any time during the prosecution or 11cr the completion of the wink. In case said equipment, or any pun thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at it own expense and al its option, either procure 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 nounfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers progeny or business, this order may forthwith be canceled by the Pumhascr without liability. 16. GOVERNING LAW. The definitions Of temw used or the interpretation of fire agreement and the right ofall panics hereunder shall be consorted under and governed by the laws ofthe Slate of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform stork hcrcundcr. including the services Of Scllcrs Reprcsenmtive(s). on the premises ofethers. 17. SELLERS RESPONSIBILITY. The Seller shall curry on said work at Seiler',s own risk until the same is fully completed and accepted, and shall, in rose of any accident, destruction or injury to the work and/or materials before Seller's final completion and ,acceptance, complete the work at Seller's own expense and to the satisfaction oflhc Purchaser. When materials and equipment arc furnished by others for installation or erection by the Seller. the Seiler shill 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 Seller under the order. Ili. INSURANCE. The Seller shall, it his own expense, provide for the payment of workers compensaine. including occupational disease 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 w. e,k is to be done. The Seller shall also carry comprehensive general liability including, but not limited in, contractual and automobile public liability insurance with bodily injury and death limits of at least S300.000 for any one person, e500.000 for anv one accident and property damage limit per accident of S400.W0. The Seiler shall likewise require his contractors, if any, to provide for such compensation and insurance. Brume any of the Sellers or his contractors employees shall do any work open the premises ofmhers, the Seller shall furnish the Purchaser with a cenificate that such compensation and insurance have been provided. Such eenifieates .shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and inairmcc expires The Seller agrees that ,such compensation and insurance shall he mainmincd until after the entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller herchy assumes the entire responsibility and liability far any and ill damage, loss or igiury ofanv kind or nature whatsoever to persons or property caused by or resulting fmm the execution ofllm work pmvided for in this purchase order or in connection herewith. The Seller will indemnify mud hold hnrmlcss the Purchaser and any or all of file POMINISers officers, agents and employees form and ugainsf any and all claims, losses, damages. charges or expenses, whether direct or indirect and whether to persons or property to which the Purchaser ntay be put or subject by reason of any act, action. neglect. omission or default on the part of the Scllcr, any of bis contractors, or any of the Scllcrs or contractors OMCCM, agents err employees. In case any suit Or Other proceedings shall be brought against the Purchnscr, or its officers, agents or employees it any time err 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 in 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 officers. agents or employees in such suits err other proceedings, and in case judgment or other lien be placed upon or obtained against the pmpcny of the Purchaser. or said panics in or as a result of such suits or Other proceedings, the Seller will at once cause the same to be die eked and dischsgcd by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the pm%,cntion of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safetyand Health Act of 1970 and all rules and regulations issued pursuing thereto. Revised 03/2010 EPLS Search Results Page l of I Search Results Excluded By Firm, Entity, or Vessel : City of Loveland Transit State: COLORADO as of 14-Apr-2011 11:20 AM EDT Your search returned no results. https://www.epls.gov/epls/search.do?full name=City+o f+Loveland+Transit&status=curre... 4/ 14/2011 EPLS Search Results Page l of I Search Results Excluded By Firm, Entity, or Vessel : City of Loveland State: COLORADO as of 14-Apr-2011 11:19 AM EDT Your search returned no results. https://www.epls.gov/epls/search.do-,jsessionid=D5 E4AD36B4CBODOC6991178 E665C05... 4/ 14/2011