Loading...
HomeMy WebLinkAbout129401 FORT COLLINS COLLISION REPAIR - PURCHASE ORDER - 9120080PURCHASE ORDER Po Number Page City of 9120080 1 of z ' `t Collins I „s This number must appear " 1 1 on all invoices, packing slips and labels. Date: 01/06/2012 Vendor: 129401 Ship To: FLEET SERVICES - MAIN SHOP FORT COLLINS COLLISION REPAIR CITY OF FORT COLLINS 4251 S MASON ST 835 WOOD ST FORT COLLINS Colorado 80525-3048 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 40,000.00 cover the cost of sublet work for fiscal year 2012. All deliveries shall be made upon the request of City Shop personnel only and shall be accompanied by an invoice or job ticket. 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. 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 Total $40,000.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase 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. NONWAIVER, 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-60 1587 is registered with the Collector of Failure of the Purchamr to insist upon strict perfomtauce of the Tema and conditions hereof, failure or delay to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). exercise any rights or rcmcdics pmvidcd herein or bylaw. failure to promptly notify the Setter in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Scller of Goods Rejected. GOODS REJECTED due to failure to rem speeifienlions, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shell not be deemed a waiver of any right of the damage in transit, may be learned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict perfomance hcmofor any of its rights or remedies as to any such goods, mgmdles instructions fmm the City of Fun Collins. of when shipped, received or accepted. as to any prior or subsequent default hereunder, not shall any purported real modification or rescission of This purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on nuival. 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 pan of the City of Foe Collins However. it is to be understand that FINAL Seller and the Purchaser recognize that in actual economic practice, m'crchmgcs resulting fmm antitrust ACCEPTANCE is dependent upon completion ofnll applicable required inspection procedures. violations arc in fact borne by the Purchaser. Theretofore, for grid cause and as consideration for executing this purchase order. the Seller hereby assigns to the Purchaser any and nll claims it may now have or herea0er Freight Terms. Shipments must be F.O.B.. City of Fort Collins, 700 Wood St.. Fort 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 in 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. 11. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans 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 nearest distribution point to destination, and excess freight will be deducted fmm Invoice when Purchaser and the Scller, and the Seller thcma0cr indicates its inability munwillinumm to comply, the Purchaser shipments arc made fmm greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers .sole cost all nocesary permits, eenifieares and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, territory or political suMivision where the mark is performed, ar rcquircd by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmles fmm and against all liability and loss incurred by them by reason of an asserted or established violation crony such lases, regulations, ordinances, mlcs and requirements. Authorization. All panics to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind slid panics. LIMITATION OF TERMS. This Purchase Order cxp cs lv limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional reran and conditions annexed hcrcto or incorporated herein by reference. Any additional or different terms and conditions pmpnsed 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 fu nial late deliveries, shall operate as a waiver ofthis prevision. In the event of any delay. the Purchaser shall have, in addition to other legal and equitable rcmcdics, 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 reasonably foreseeable which arc beyond its reasonable control and without its fault ofnegligcnce. such acts of God, acts ofeivil or military authorities, governmental priorities, 0rcs, strikes, Bond, 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 of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrens that all grads, articles materials and work covered by this order will conform with applicable drawings, specifications, maples and/or other descriptions given, will he fit for the purposes intended, and performed with the highest degree of care and compcteacc in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser lumadem form any Ins, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of warranty. The Seller shall replace, repair or make good. withmv cost to the purchaser, any defects or faults arising within one (1) year enwith in such longer period of time as may be pmwdbcd by law or by the terms of any applicable warranty pmvidcd 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 goods by the Purchaser shall not constitute a maws, crony claim under this matronly, Except as otherwise pmvidcd in III is purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guaranteesbut such liability shall in no seem 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 tomes, other than legal terms, including additions in or deletions from the quantities originally ordered in the speci6ealinm or drawings, by verbal or write. shnnge order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustracm 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 between the panics as to any work or materials then in progres provided that the purchaser shall not be liable for any claims for anticipated profits on the uncompleted ponme of the goods anther work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which nee the Sellca standard stock. No such termination shall relieve the Purchaser or the Seller orally of their obligations as to any goods delivered hereunder, 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller names 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 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 incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees To indemnify and hold the Purchaser hamdess from 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 arms tricted tide to the Purchaser for all equipment. materials, and items furnished in performance of this agramcm, 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 am tier from all liability and claims of any nature resulting fmm the performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, erasers and employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused In be perfommed by the Purchnscr. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, hademark or copyright, the Seller shall indemnify and save harmless the Purchaser fmm 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 nny cost expanse or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or ancr the completion of the work. In cast 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 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 nonin Ringing equipment, or modify it .so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a receiver or tmstce for any of the Scllcrs property or lusines, this order may forthwith be canceled by the Purchaser without liability, 16. GOVERNING LAW. The definitions of acres used or the interpretation of the agreement and the rights ofnll panics hereunder shall be construed under and governed by the Imes of the Slate of Colorado. USA, The following Additional Conditions apply only in cases where the Seller is to perform wort: hereunder, including the services of Sellers Representative(s), on the premises ofathers. 17. SELLERS RESPONSIBILITY, The Seller shall cam on said work at Seller's own risk until the c me is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Scllcrs own expense and to the satisfaction of the Purchaser. When materials and equipment an furnished by others for installation or erection by the Seller. the Seller shall receive, unload, store and handle same at the site and become respnnsiblc therefor as though such materials and/or equipment were being furnished by the Seller under the order. 19. INSURANCE. The Seller shall, at his own expense, provide for the payment ofworkers compensation, including occupational disease bencfts, to its employees employed on or in connection with the work covered by this purchase nether, and/or to their dependents in accordance with the lams of the state in which the work is to be done. The Seller shall also carry comprehensive genced liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limas ofar Ienst saon,onn for any ono person. S500.000 for an, one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if nay. to provide for such compensation and insurance. Betorc any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance hive 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 aficr the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENT'S AND DAMAGES. The Seller hereby assumes the entire responsibility and liability fortune and all damage, loss or injury army, kind ar nature whatsoever to persons or property caused by or resulting fern the execution of the work pmvidcd far 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 four and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether In persons or Pei to which the Purchaser may be put or suAlect by reason of any act, action, neglect, omission or default on the pan of the Scller, any of his contractors. or any of the Sellers or contenders 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 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 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 he intoned by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proccedings anti in ease judgment or other lien be placed upon or obtained against the poperty ofthe Purchnscr. 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 Fond or mhcrw'isc. 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 roles and regulations issued pursuant thereto. Revised 03/2010