HomeMy WebLinkAbout110425 INTERSTATE BATTERY SYSTEM OF THE ROCKIES - PURCHASE ORDER - 9120171PURCHASE ORDER PO Number Page
City Of9120171 1 of 3
`t CThis number must appear]
Collins�7 on all invoices, packing
slips and labels.
Date: 01/09/2012
Vendor: 110425
Ship To:
FLEET SERVICES - MAIN SHOP
INTERSTATE BATTERY SYSTEM OF
CITY OF FORT COLLINS
THE ROCKIES
835 WOOD ST
300 WILLOW ST
FORT COLLINS Colorado 80521
FORT COLLINS Colorado 80524-2441
Delivery Date: 01/09/2012
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 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.
2 Sublet - Transfort 1 LOT LS 500.00
3 Sublet - Wood 1 LOT LS 500.00
4 Credit 1 LOT LS-500.00
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 ll, 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
Fort Collins
PURCHASE ORDER
PO Number I Page
9120171 2of3
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
U
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill ll, 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 $40,500.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 3 of 3
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fun Collins is exempt from state unit local taxes. Our Exemption Number is 11. NON WAIVER.
98-04502. Federal Excise Tax Exemption Ccr ificae of Registry 84-WO0587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terns and conditions here.( failure or delay to
Internal Revenue, Drnvcm Colorado (Ref. Colorado Revised Suatutes 1973, Chapter 39-26, 114 (a). exemix 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 of the design, shall not rclewe the Seller of
Gods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due m defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver arrow right of the
carnage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hercofur any of its rights or remedies as to any such goods, regardless
instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent dcfoult hereunder, nor shall any purposed
oral mdifiemlon or rescission of this purchase order by the Purchaser operate as a waiver of any of the tens
l spection. GOODS are subject to the City ofFort Collins inspection on arrival. hereof.
Final Acceptance. Receipt of the merchandise, services Or equipment in response to this older cull result in 12. ASSIGNMENTOF ANTITRUST CLAIMS.
authorized payment on the par of the City of Fun Collins. Ifowever, it is to be understand that FINAL Seller and the Purchaser recognize (hot in actual economic practice, overcharges resulting fron antitrust
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for eveeming this
purchase order, the Seiler hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Terns. Shipments most be F.O.H., City of Fos Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or state on itmmt laws for such overcharges relating to the particular goods or services
otherwise specified oat this order. If pcm,ission is given to prepay freight and charge separately, the original freight purchased aracquired by the Purchaxrpusuunl to this purchase order.
bill most accompany invoice Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing points in various pars of the country, shipment is If the Purchaser direct, the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
eapeeted from the nearest distribution point to destitution, and excess freight will be deducted favor Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments are made from greater distance. may came the work to be performed by the most expeditious means in ailuble to it, and the Seller shall pay all
costs associated with such work.
Permits. Seiler shall pr.cum m sellers sale cost all necessary petunia, certificates and licenses mquited by all
applicable Imes, regulations, ordinances and roles 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 For Collins harmless fmm and against all liability and loss
incurred by client by reason of an asserted or established violation of any such laws, regulations, ordinances, rules
and requirements.
Authorization. All panics to this contract agree that the representatives are, in fact, bona tide 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 act turn] aad any supplementary or additional toms and conditions annexed hereto or incorporated herein by
reference. Any additional or different terns and conditions pmposed by seller ore 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 be effected within the time
stated on the purchase order and the documents attached hereto. No acts of doe Purchasers including, without
[imitation, acceptance of partial lute deliveries, shall operate as a waiver of this prevision. In the evcm W'uny delay,
the Purchaser shall have, in addition 10 other legal and equitable remedies, the option ofplacing 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 masomably fumeable which are beyond its reasonable control and without its fault of negligence,
such act of God, act, fcivil or military authorities, governmental priorities, fires, strikes, hood, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to the Purchaser within live (5) days of the
time when the Scllcr first received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended fur the period equal to the time actually lost by reason of ncc delay.
3. WARRANTY.
T'he 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
pedomed will, the highest degree of care and competence in accordance with accepted standards for work of a
similar nature. The Seiler agrees to hold the purchaser harmless fmm any loss, damage Or expense "']rich the
Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without cast to the purchaser, any defects or faults arising "'ithin one (1) year or within such longer period of
time as may be prescribed by law or by the lemrs ofany applicable warranty provided by the Seller alter the date of
acceptance of the good's 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 crony claim under this w;vmnty. Except as otherwise provided in this purchase ante,, the Sclles
liability hcrcmude, shall extend to all damages proximately caused by the breach of any of the foregoing wamuses
or guarantees, but such liability shall in no event include loss of pavftts or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Pumhaser may make changes to legal terns by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser navy coke any changes to the terns, other than legal terms, including additions to or deletions franc
the quantities originally ordered in the specifications or drawings, by verbal or written change Older. If any such
change affects the amount due Or the time ofperfonmance hercundcr, an equitable adjustment shall be made.
0.1'ERMINA HONS.
1'he Purchaser may at any time by written change order, terminate this agreement as to any or all portions ut'the
goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in
progm, provided that the Purchaser ,bull 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 Seller with respect to any goods which am the Sellers standard stock. No such temrmation shall relieve
the Purchaser or the Seller of any of their obligations as to any good, delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustmcra most be asserted within thirty (30) days favm the date the change or confusion is
ontercd.
S. COMPLIANCE WITH LAN'.
The Seller warans that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict
compliance with all applicable laws acid regulations to which the goods are subject. "[he Seller shall execute and
deliver such documents as may be required to effcc, or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character arc hereby incorporated hemin by this retemacc. The Seller agrees to
indemnify and hold the Purchaser harmless man all costs and damages suffered by the Purchaser as u result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any munics due or to become due hereunder w'itoout the
prior written consent of the other puny.
10. TITLE.
The Seller wasunts 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, reurvmions, security interest
encumbrances and claims of other,.
The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature
resulting fmm the performance of such work.
This release shall apply even in the ever of fault of negligence of the party released and shall extend to the
directors, officers aad employees ofsuch party.
'I Ire Seller's contractual obligations, including womanly, shall not be deemed to be reduced, in any way, because
such work is perfomcd or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material orprocess covered by letter, patent, trademark
Or copyright, the Seller shall indemnity and save humilcss 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 any cost, expense or damage which it may be obliged to pay by reason ofsuch
infringement at any time during the prosecution or alter the completion of the work. In case said equipment. or
any pan thereof or the intended use of the good's, is in such suit held to constitute infringement and the use of
said equipment or part is enjoined, the Seller shall, at it, own expense and at its option, either pmcum for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
nominfringing equipment, or mediry it so it becomes nuninGinging.
15, INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
receiver or tesfec for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
Ili. GOVERNING LAW.
The definitions uficurs used or the interpretation afire al cenumt and the rights ofoll panics hercundcr shall be
eanrssued under and governed by the laws of the State .1 Colnmd., USA.
'life fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Representative(,), on the pmn,i,es ofuthers.
17. SELLERS RESPONSIBILITY.
To, Seiler shall curry on said work at Sellers own risk until the sans is fully completed and accepted, and shall,
in case of any accident, destruction or injury to the work and/or materials before Sellers limit completion and
acceptance, complete the work at Sellers can expense and to the satisfaction of the Purchaser. When materials
and equipment are famished 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 fumished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease bendils, to its employees employed on or in connection with the work coverd 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. 1'he Seller
shall ulsO carry comprchenove general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of ut least $300,000 for any one person, S500,000 for any
c accident and property damage limit per accident at $400,000. The Seller shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the pmnniscs ofolbers, the Seller shall furnish the Purchaser with u ecrtificam
that such compensation and insurance have ban pmvidcd. Such certificates shall specify the date when such
compensation and insurance have been pruvold. Such certificates shall specify the dam when such compensation
and insumnce expires. The Seller agrees that such compensation and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENT'S AND DAMAGES.
The Seller hereby assume, the entire responsibility and liability for any and all damage, loss or injury of any kind
or nature whmsocver to persons or properly caused by or resulting from the execution Offl a work provided for in
this purchase order or in connection herewith. The Seller will indemnity and hold hmntess the Purchaser and any
or all of the Purchasers offices, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to possum or property to which the Purchaser may
be put or subject by reason of any net, action, neglect, emission or default on the pan of the Seiler, 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 time on account or
by m.mr of any act, action, neglect. a...ksion or dcfuull of the Seller of any of his contractors or any of its or
their officers, agents or employees as aforesaid, the Seller hereby agree, to assume the defense thereof and to
defend the are or the Sellers... expcnsc, to pay any and all costs, charges, atromcys tees and other expenses,
any and all judgments that may be incurred by or Obtained against the Purchaser or any of it, Or their officers,
agents or employees in such suits or other proceedings, and in case judgnnenl or other lien be placed upon or
obtained against the property fthe Purchaser, or said parties in or as a result ofsuch suits or other proceedings,
the Seller will a1 once cause the some to be dissolved and discharged by giving bond or otnery ise.'I'he Seller and
his contractors shall take all solely 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 sales and regulations issued ins orm thereto.
Revised 0372010