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HomeMy WebLinkAbout167398 CITY OF GREELEY - PURCHASE ORDER - 9120152PURCHASE ORDER PO Number Page City Of 9120152 t of z `t Collins This number must appear on all invoices, packing slips and labels. Date: 01/09/2012 Vendor: 167398 CITY OF GREELEY FINANCE DEPARTMENT 1000 10TH ST GREELEY Colorado 80631 Ship To: FLEET SERVICES - MAIN SHOP CITY OF FORT COLLINS 835 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 01/0912012 1Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Blanket order to 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 000ds 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 1 LOT LS 12,000.00 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tears and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAI VER. 99-04502. Federal Excise Tax Exemption Certificate of Registry M-(AM587 is registered with the Collector of Failure of the Purchaser 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 or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach. the acceptance ofor payment for geed hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to mod specifications, either when shipped or due to defects of any of the wammics or obligations of this purchase order and shall not he deemed a waiver of any right of the damage in transit, may be mourned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hercofor any of its rights or remedies as to any such goods. regardless inmuctiens from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported am[ modification or emission of this purchase order by the Purchaser operate as a Waiver of any of the mms, Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof. Final Acecdamcc. Receipt of the merchandise, services or equipment in mspease to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However. it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall 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 must be F.O.H., City of Fort Collins. 700 Wool St.. Fan Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges rclaling 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 be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacmrcrs have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to coffee, nonconforming or defective goods by a date to be agreed upon by the expected from the merest 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 the most expeditious means mailable to it, and the Seller shall pay all .,is associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, ccrtificatcs and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where mho the work is performed, or required by any other duly constituted public ariry having jurisdiction over the work of vender. Seller further agrees to hold the City of Fan Collins harmles from and against all liability and loss incurred by them by reason of an asened or established violation of any such laws, regulations, ordinances, rules and requirements. Authentication. All panics to this contract 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 forth and any supplementary or additional tans and conditions annexed hacto or incorporated herein by reference. Any additional or different terms and conditions pmpased 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 ofthe estate. Delivery and performance must he effected within the ,imc stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a Waiver of this prevision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option mfidecing 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 Ioc csecable which are beyond its reasonable control and without its fault of negligence. such acts of God, acts of civil or military authorities. governmental priorities, fins, strikes, flood, 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 mcciced knew hedge 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 maroon of the delay. J. WARRANTY. The Seller wamnts that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will he fit fm 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 brimless from any loss, damage or expense which the Purchaser may su Rcr or incur on account of the Scllcrs breach of wamnty. 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 of any applicable warmnty pmvidcd by the Scllcr after the date of acceptance of the goods tarnished hereunder (acceptance not to he unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of grads by the Purchaser shall not constitute a waiver nfany claim under this warranty. Except as otherwise pmvidcd in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing wi matics or guarantees, but such liability shall in no event include loss of prof is or Ins of usc. 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 temu, including additions to or deletions from the quantities onguedly ordered in the spccifiwtiom or drawings, by verbal or urine change order. If any such change affecls the amount due or the time of performance 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 Wea,ce the panics as to any work or materials then in pmgres 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 of the Sella with respect to any good which are the Sellers standard stock. No such omtination shall relieve the Purchaser or the Seller of any of their obligations as to any goods 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. 8. COMPLIANCE WITH LAW. The Seller warrants that all galls sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents m may be required to effect or evidence complimcc. All laws and regulations required to be incorporated in agreements of this character are hereby iniumpomicd herein by this reference. The Seller agrees to indemnify and hold the Purchaser homeless 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, confer, or compy this order, or any monies due or to become due hereunder without the prior wriaen consent ofthe other puny. 10. TITLE. The Seller warrants full, dear and unrestricted title to the Purchaser for all equipment, materials. and items furnished in performance of this agreement frcc and clear of any and all liens, ocie ielions, reservations. security interest cncumbmnecs and claims of others. The Seller shall release the Purchaser and its eontranars of any tier front all liabi lily and claims of any nature resulting from 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 i irccui aRcers and employees ofsuch party. The Scllce.% contractual obligations, including warranty. shall not be deemed to be reduced, in any way, because such work is performed or caused to be perfnneed 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 wad save hamtles 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 indcmnify the Purchaser for any cost expense or damage which it maybe abliged to pay by reason ofsuch infringement at any time during the prosecution or aAer 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 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 noninfringing equipment, or modify it se it becomes anninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankropt make an assignment for the hencru of creditors, appoint a mcciver or imatec for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftemvs used or the nuctprclation ofthe agreement and the rights ofall parties hereunder shall be constmed under and governed by the laws ofthe State ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the scrviccs of Sellers Represeaterivc(s), on the pmmiscs ofathers. 17. SELLERS RESPONSIBILITY, The Seller shnll entry on said wok at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Sellers flnal completion and acceptance, complete the work at Scllcrs own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or creelion by the Seller, the Seller shall receive. unload, ,lure and handle same at the site and became responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. IS. INSURANCE. The Seller ,hall, at his own expense, provide for the payment of workers compenmtion, 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 ofthe state in which the stark is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance wire badily injury and dean limits of m teas, SJoo.am for any nnc pceann. S500. an for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any ofthe Scllcrs or his contractors employees shall do any work open the pmenim, ofmhers, the Seller shall Furnish the Purchamr with a certificate that such compensation and insnmine have been pmvidcd. Such ccrtificatcs shall specify the date when such compert ition and insommee have been provided. Such ccrtificatcs shall specify the date when such eontpcasatinn and insurance expires. The Seller agrees that such campenstion and insurance shall he maintained until after 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 nfany kind or nature whatsoever to persons or property caused by or resulting from the execution of the work pmvidcd for in this purchase order or in connection herewith. The Seller will indcmnify 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 ease 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 Ihcir officers. agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same no the Sel lets own expense, to pay any and all costs, charges, mmob ys fees and other expenses, any and nil judgments that may be incurred by or obtained against the Purchaser or any of its or their officers. agents or employees in such suits or other proceedings, and in case judgment Or other lien be placed upon or obtained against the pmpcny ofthe Purchaser. or said panics in or as a us all of such stairs or other proceedings, the Seller will at once cause the same to be disolved and discharged by giving bond or 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 regard to safety including, but without limitation, the Occupational Sa(ety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010