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HomeMy WebLinkAbout126795 GREASE MONKEY - PURCHASE ORDER - 9120673PURCHASE ORDER PO Number Page City Of 9120673 1 of z � } This number must appear ` Collins` 1 on all invoices, packing slips and labels. Date: 02/01/2012 Vendor: 122265 Ship To: FLEET SERVICES - MAIN SHOP KUSTOM PAINT & TRIM CITY OF FORT COLLINS 1417 WEBSTER AVE #2 835 WOOD ST FORT COLLINS Colorado 80524-4718 FORT COLLINS Colorado 80521 Delivery Date: 02/01/2012 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price Transfort 1 LOT LS 35,000.00 Blanket order to 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. 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 II, 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 I. COMMERCIAL DETAILS. Tax exemptions By stamte the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 99-04502, Federal Excise Tax Exemption Certificate of Registry 94-6000587 is registered with the Collector of Failure of the Purchaser to insist ,No strict perfomance of the tent and conditions hereof. failure or delay to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Starnes 1973, Chapter 39-26. 114 (a). exercise any rights or remcdics pmvided hercin or by Irv, failure to promptly notifv the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the wanumics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage 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 perfnrmance hereof or any of its right or remedies as to any such goods, regardless instructions from the City effort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported and modification or rescissian of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fan Collins inspection on arrival. hereof. Final Acceptance Reccipt of the merchandise. services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. nothonzed payment on the part of the City of Fort Collins. However. it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchase, Theretofore. for good cause and as consideration for executing this purchase aide,. the Seller hereby assigns to the Purchaser any and all claims it may new, have or hereafter Freight Terms Shipments must be F,O.B.. City of Fort Collins. 700 Wood St.. Fort Collins. CO 90522. 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 be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments arc made from greater distance. Permits. Seller shall procure at sellers sole cast all nttessary permits, certificates and licenses required by all applicable laws, 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 Fort Collins harnlcs 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 parties to this contract agree that the representatives are. in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tcmts and conditions stated hercin set forth wad any supplementary or additional terns and conditions annexed hereto or incorporated herein by reference Any additional or different temu and conditions proposed by seller are objected to and hereby ojedexl. 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 essence. Delivm and perfarmance must be effected within the time stated on the purehnse order and the documents attached hereto. No acts of the Purchasers including. without limitation, acceptance ofparial late deliveries. shall operate as a waiver ofthis provision. In the event of any delay. the Porch... 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 he 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 ofeivil or military authorities, gavemmental prindties, fires, strikes, food, epidemics. ware tar riots pmvided that notice of the conditions causing such delay is given in 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 ofthe delay. 3. WARRANTY. The Seller mnaan6 that all goods, auricles, materials and work covered by this order will conform with applicable drawing, 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 hardest from any loss, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of warm. nry. The Seller shall replace, repair or make good. without cost to the purchaser, any defects or faults arising within one (I ) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller aRer the date of acceptance of the goods furnished hereunder (acceptance not to be unnumanbly dcl ayed), resulting from imperfect or defective work done or material, famished by the Seller. Acceptance or use cf goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise pmvided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warrant ics 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 t mms by written change order. 5. CHANCES IN COMMERCIAL TERMS. The Purchascr may make any changes to the terms, other than legal terms, including additions to or deletions from 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 of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrinen change order, Icrminatc this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment be veen the parties 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 of the Seller with respect to any goods which arc the Scllcrs standard stock. No such termination shall relieve the Purchascr m the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asscrud within thirty (30) days from the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable Imes and regulations to which the good arc subject. The Scllcr shall execute and deliver such documents as may be required to effect or evidence compliance. All Imes and regulations required to he incorporated in agreements of this character arc hereby incorporated hercin by this reference. The Seller agrees to indemnify and hold the Purchascr harmless from all costs and damages salfcred by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or com'ev this order. or any monies due or to become due hereunder without the prior wTincn consent of the other parry. IO.TITLE. The Seller warrants full, clear and unrestricted title to the Purchascr for all equipment. materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS, If the Nochuser directs the Scllcr to correct nonconforming or defective goods by a dote to be agreed upon by the Purchaser and the Scllcr,and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be perfom od by the most expeditious means available to it, and the Scllcr shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the perfomance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the dimcton. oNwrs and employees ofsuch parry. The Seller's contractual obligations, including warm nry, shall not he deemed to be reduced, in any way, because such work is perfomedd or caused to be performed by the Purchaser, 14. PATENTS. Whenever the Scllcr is required to use any design, device, material or process covered by letter, patent trademark or copyright, the Seller shall indemnify and save moulcm 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 ofsuch infringement at any time during the prosecution or after the completion of the work. In case said equipment. or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, al its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller sholl become insolvent or bankr tit, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of1c.5 used or the interpretation ofthe agoc ment and the rights ofall parties hermmder shall be construed under and gnvemcd by the laws of the State of Colorado. USA. The following Additional Conditions apply only in eases where the Seller is to perform work hereunder, including the services of Sellcm Representative s). on the premises nfnthcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, dcsoaction or injury to the work and/or materinls before Scller's final conpicuen and acceptance, complete the work at Sellefs own expense and to the satisfaction of the Purchascr. 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 themfor as though such materials and/or equipment were being furnished by the Seller under the order. IS. INSURANCE The Seller .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 archm anchor to their dependent in accordance with the laws of the state in which the work is to he done. The Seller shall also carry coniprchcnsive general liability including. but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of rat (cast 5300,000 for any one person. S500,010 for any one accident and property damage limit per accident of 5400,000. 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 premises of others, the Scllcr shall famish the Purchascr with a certificate that such compensation and insurance have been pmvided, Such certificates shall .specify the date when such compensation and insurance hove been provided Such certificates shall specify the date when such compensation and insumnee expires. The Seller agrees that such compensation and insurance shall he maintained until aRer the entirework is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and Iixhility for any and all damage. loss or injury array kind or nature whmsoercr to persons or property caused by or resulting from the execution ofthc work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamlcss the Purchaser and any or all of the Purehnscrs o0icers., 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 he put or object by ,croon of any act. action. neglect, omission or default on the part of the Seller, any of his contractor, or any of the Scllcrs or contractors otlieem. agents or employees. In case any suit or other proceedings shall be brought against the Purchaser. or its oficers, 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 cost, charges, anomeys fc¢ and other expenses, any and all judgments that may be inured 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 property ofthe Purchascr, or said panics in or as a result of mch suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall lake all safety precautions, furnish and install all guards accessary for the preventina of accidents. comply with all laws and regulations with regard to mfcry including, but without limitation, the Occupational Snfctyand Health Act of 1970 and all ides rod regulations issued pursuant fl crcto. Revised 03/2010