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HomeMy WebLinkAbout456718 AG TRUCK EQUIPMENT - PURCHASE ORDER - 9120066PURCHASE ORDER PO Number Page City Of 9120066 1 of 2 OI` l ns Collins This number must appear I 1 1 on all invoices, packing `t slips and labels. Date: 01/06/2012 Vendor: 456718 Ship To: FLEET SERVICES - MAIN SHOP AG TRUCK EQUIPMENT CITY OF FORT COLLINS PO BOX 27755 835 WOOD ST SALT LAKE CITY Utah 84127 FORT COLLINS Colorado 80521 Delivery Date: 01/06/2012 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price Blanket order to 1 LOT LS 5,000.00 cover the cost of miscellaneous parts for fiscal year 2012. All deliveries shall be made upon request of City Parts department only. All deliveries to be accompanied by an invoice or packing slip. This purchase order is for the procurement of goods and/or services, as needed during the current fiscal year. Dollar amounts specified are estimates and not a promise to purchase any minimum amount of goods and/or services. Total Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email: purchasing@fcgov.com PO BOX 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 98-M502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of burned Revenue, Denver, Colorado (Ref. Colorado Res used statutes 1973. Chapter 39 26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be rammed to you for credit and arc not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to roomfuls, notify the Seller in the event of a breach, the acceptance ofor payment for goods hounder or approval ofthe design. shall not release the Seller of any of the 0am, ntics or obligations Of this purchase order and shall not be deemed a waiver of any right of the Purchaser to insist upon strict perfornemcc hereof or 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 hcrcn ader. nor shall any purported oral and i reunion or rescission of this purchasec ontcr by the Purchaser operate as a waiver of any of the terms 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 Fort Collins. However. it is to be undashmd that FINAL Seller and the Purchaser recognize that to actual economic practice, overcharges resulting from antitrust ACCEPTANCE, is dependent upon completion of all applicable required inspection procedures violations are in fact borne by the Purchaser. Theretofore. for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fort Collins, IN Wood St_ Fort Collins. CO 50522. unless acquired under federal or state antitrust Imes 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 (sight purchased or acquired by the Purchaser pursuant In this purchase order. bill must accompany invoice. Additional charges for packing will not be ncccpted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country. shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nemest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipments arc made from greater distance. may cause the work to be performed by she most expeditious means available to it, and the Scllcr shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable Imes, regulations, ordinances and rules of the slate, municipality, territory or Political subdivision when the work is performed, or required by any other duly constimed public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins hzmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, talcs and requirements. Authorization. All panics to this contract agree that the representatives arc, in fact, bona fide and possess full and complete mdhority to bind said parties. LIMITATION OF TERMS. This Pumhase 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 reference. Any additional or different hats 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 ofthc essence. Delivery and pMomanec must he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including. without limitation, acceptance of partial Iare deliveries. shall operate as a waiver ofthis prevision. In the event crony delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofrlocing 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 not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence. such acts of God, acts ofcivil or military authorities. governmental priorities, fires, strikes, food, epidemics wars or riots pmvidcd that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Scllcr first received knowledge thereof, In the event of any such delay, the date of delivery shall he extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY, The Seller 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 care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless fmm any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warmary. The Seller.shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms crony applicable wamnty, provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver ofany claim under this warranty, Except as otherwise provided in this purchase order. the Sellers liability hereunder shall extend to all damages pmximatcly caused by the breach ofany of the foregoing wamntics or gunimi ces, but such liability shall in no meat include loss of p.fts 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 toms, including additions to or deletions from the gnzntilies originally ordered in the specifications or don, ngs, by verbal or written change order. If any such change affects the nmount due Or the time of Performance 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 pmgrcm 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 he made in favor of the Seller with respect to any goods which are the Sellers standard stack No such lamination shall relieve the Purchaser tar the Seller crony of their obligations as to any gouts delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. g. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, dclivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such ducuments as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc httehy 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 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 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, m5crvatim", 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 performance of such work. This release shall apply even in the event of fault of negligence of the parry released and .shall extend to the directors, officers and employees of such party. The Scller's contractual obligations, including warranty. shall not be deemed to be reduced, in any way, hccmuc 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 enpyright, the Seller shall indemnify and save harmless 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 maybe obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion or the work. In case said equipment, or tiny pan 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 its own expense and at its option, either procure for the Purchaser the right to continue using mid equipment or pans, replace the same with substantially equal but noninfringing equipment or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent Or bankmpl, make an assignment for the benefit of creditors. appoint a receiver or tnutce for any of the Sellers property or business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftems used or the interpretation ofthc agreement rind the rights ofall panics hereunder shall be construed under and governed by the Imvs nfthc State of Colorado, USA. 'fhe following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Rcfrescntative(s), on the prcmiscs of others. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Sellers own risk until the same is fully completed and uceepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Scllcr'., final completion and acceptance, complete the work at Sellers own expense and to the,sstisfaction of the Purchaser. When materials and equipment are furnished by others for installation or creation 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 Seller under the order. IS. 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 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, contmcmal and automobile public liability instance with bodily injury .and death limits of tit least S300,000 for any one person. S502000 for any one accident and property dannnge limit per accident of S400,000. The Seller shall likewise require his contract.,.,, if any, to provide for Such contpcnsation and insurance Before any of the Sellers Or his contractors employees shall do any work upon the prcmiscs of others, the Seller shall famish the Purchaser with a ccnificmc that such compensation and insurance have been pmvidcd. Stich certificates shall specify the date when such compensation and insurance have been provided Such certificates shall specify the date when such compensaion and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire wort: 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 nfnnv kind or nature whatsoever to persons or pmpcny caused by or resulting from the execution ofthc work pmvidcd for in this purchase orderor 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 Purchascr mov be put or subject by reason of any act, action, neglect, omission or default on the pan 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 oficem. agents or employees 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 ofiecrc, agents or employees as aforesaid. the Seller hereby agrees to assume the defense thereof and to defend the wme 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 oficem. agents or employees in such suits or other pmcecdings, and in case judgment or other lien be placed upon or obtained against the pmperty of the Purchascr, or said panics 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 otherwise. The Scllcr and his contractors shall take all safely precautions, furnish and install all guards necessary for the prevention of nccidcnts, comply with all laws and regalations with regard to sa(cry including. but without limitation, the Occupational Safety and Health Act of 1970 and all ni cs and regulations issued pursuant thereto. Revised 0312010