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HomeMy WebLinkAbout129401 FORT COLLINS COLLISION REPAIR - PURCHASE ORDER - 9143572PURCHASE ORDER 914357er Page PO City of 743572 1°f2 ' `t Collins ollins�7 This number must appear on all invoices, packing sli s and labels. Date: 06/25/2014 Vendor: 129401 FORT COLLINS COLLISION REPAIR 4251 S MASON ST FORT COLLINS CO 80525-3048 Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 06/24/2014 Buver: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price i Repairs to Eleven -Eleven -Three Per Repair Order #10196 reference invoice - RO# 10196 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul 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 Total Invoice Address 21,596.33 1 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 L COMMERCIAL DETAILS. ILNONlVA1VER. Tax exemptions. By statute the City of Fart Collins is exempt from sure and local taxes. Our Exemption Number u Failure of the Purchatt m insist u trlcl performance ofthe terms and conditions hereof, failure or data to 98 04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector Of upon s pet Y Internal Revenue, Denver, Colorado (lief. 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 of or payment for hoods hereunder or approval oldie design, shall not release he Seller of Goods Rejected. GOODS REJECTED due to failure to meet specification, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of my right of the damage in transit, may be returned to you for adopt and are not to be replaced except no receipt of written purchaser to insist upon wrier perfom tare hereof or any of its rights or remedies as to any such gods, regardless Trimmed., from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase Omer by the Producer operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fad Collins inspection on arrival. 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 Tom Collins. However, a is o be understood that FINAL Seller and the Purchawr recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable regnired inspection procedures. violations are in fact time by the Purchase,. Theretofore fogood 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 hereader Freight Terms. Shipments most be EOB., City of Fort Collins, 900 Wood St, Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany mccoce. Additional charges for packing will not bear opm L Shipment Distance. Where manufactures have distributing Points in various pans of the country, shipment is expected Gam the nearest distribution point to demaurbn, and excess fright will be deducted from Invoice when shipments are made from geoter distance. acquired under federal or state antitrust laws for such overcharges miming 10 the promotion goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to he agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditions means available to It, and the Seller shall pay all casts associated with such work. Permits. Seller shall procure at sellers sole cost .11 naessary pconits, cenifience and licenses required by ell appliwble laws, regulations, ordinances and files of the ram, municipality, memory or pobtical 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 Few Collins homdees from and against all liability and loss incurred by them by reosen of an asserted or established violation of any such laws, regulations, ordinances, rules and n nappecas, Authorization. All parties to this contract once that he representatives are, in fact, bona fide and possess full and omplem authoriry to bind said patties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions staid herein or forth and any supplementary or additional toms and conditions annexed hereto or incorporated herein by reference. Any additional or dlRerent terms and Traditions proposed by seller are objecreJ to end hereby mjalcd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to price on your promised delivery date as noted. Time is ofthe essence Delivery and performance must be effected within the time stated on the purchase Omer and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance i f partial late deliveries, shall operate as a waiver of this provision. In the event crony delay, The Purchaser shall have, in addition to other legal and equitable remedies, the option ofpladng this order elsewhere cad holding the Seller liable for damages forme, the Seller shall not be liable for damages n a result of delays due m rotas not reasonably foreseeable which ate beyond its reasonable control and without its fault of negligence, such acts of(ad, acts of civil or military authorities, gavernmpand priorities, fires, strikes, flood, epidemics, wars or trio¢ provided that notice of the conditions causing such delay is given to the Pumhner 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 paid equal to the time acnally lost by reason ofthe deley. 3. WARRANTY. The Seller warrants that all goods, aricles, materials and work covered by this order will conform with applicable drawings, specifications, samples arbor other desuiption given, will be fit for the purposes intended, aad performed with the highest degree of care and competence in accordance with accepted standards for work Of a miler rature. The Seller agrees to held the purchaser hamdess from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of wanMW. The Seller shall replace, repair or make good, without coat to the purchase, any defects or Gulu 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 warranty provided by the Seller after the data of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting firm imperfect or defective work done or materials famished by the Seller. Acceptance car use of prods by the Purchaser shall cot institute a waiver of any claim under this warrenry. Except a Otherwise provided in this purchase aide, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warrdnties 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 cony make changes to legal terms by wrlden change .,it,,. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the moms, Other than legal terms, including additim. to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or writurn change order. If any such change affects the amount due or the time ofpedormance hereunder, an equitable adjustment ehall be made. 6. TERMINATIONS. The Purchaser may at any time by wrium change We,, terminate this agreement as to any or all Panama of the goods then not shipped, subject to any equitable adjustment between the parries as to any work on materials then in progress provided that the Purchaser shall not be liable for any claims for anticipmed profits On the uncomphaed portion ofthe goods arbor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Pauchne or the Seller ofany of their obligations as to any goods delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for d ream nt ..at be asserted within thirty (30) days from the date the change or termination is Ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict ompliance with all applicable laws and agulations 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 In be incorporated in agreements of this character are hereby irrationalist hared. by this reference. The Seller agrees to indemnify, and hold The Purchaser harmless from all costs and damages suffered by the Purchaser a, a reso[T of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shot[ assign, tranfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of The other parry. 10. TITLE. The Seller warrants full, clear and undephicted title to the Patrolmen for all equipment, materials, and items furnished in performance of this agreement, free and clear of any god all liens, restdetions, reservations, security interest encumbrances and claims of others The Seller shall release the Purchaser and its contractors of any tier from 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 Seller's contractual obligations, Including warranty, shall not be dared to be reduced, in any way, because such work is performed or caused to be performed by the Purch vor. 14. PATENTS. Whenever the Seller is mluired to use any design, device, material or process covered by letter, patent, Trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims far inGnge rsom by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the puchaser for any cast, expense or damage which it may be obliged to pay by rdmams of such infringement al any time dudng the prosecution or after the completion Of the work. In case said equipment, or any pan thereof.r the intended use of the goads, is in such it held to constitute infinparan and the use of said equipment or part 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 parts, replace the same with substantially equal but tmninGtaging equipment, or modify it so it becomes mnmfringing. 15, INSOLVENCY. If the Seller shall become insolvent or bankmp. make an assignment for the benefit of editors, appoint a receiver Or vusme for any of the Sellers puppetry or business, this order may forthwith be canceled by the Purchaser without liability. 16, GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be rup r cal under and governed Tyne, laws ofthe State of Cclomdo, USA. The following Additional Conditions apply only in cases where the Seller is To perform work hereunder, including the services of Sellers Represenutme(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in x of any accident, destruction or injury to the work and/or mtimands before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materiox and equipment are famished by other for installation or erection by the Seller, the Si let shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished 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 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, contractual and automobile public liability insurance with bodily injury and droll limits of at least 530mW0 for any one person, $500,000 for any me ccidem and propety damage limit per acrule. of S400,000. The Seller shell likew¢e require his contractors, if any, to provide for such compensation and insurance. Reface any Of the Sellers or his contactors employees shall do any work an the promises of others, the Seller shall famish the Purchaser with a wrtifiwm that such compensation and insurance have been provided Such cri ifieatn shall specify the date when such compensation and insurance have 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 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, lass or injury ofany kind or nature whatsoever to persons or property caused by or resulting from due execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any an all of the Purchasers officers, agents and employees from and against say and .11 claims, losses, damages, charges or expenses, whether direct Or optimal, and whether to persons or papery to which the Purchaser may be put or subject by reason of any act actin, neglect, omission or default on the pan of the Seller, any of his continuous, or any Of the Sellers or contractors Offs 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 some at the Sellers awn expense, to pay any and all costs, charges, mmraeys fees ad other expenses, any and all judgments final 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 cam judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or said parties in or as a result ofsuch 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 take all safety precautions, fmish and instill all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, hot without limitation, the Occupational Safety and Health Act of 1970 and all tales and regulations issued pursuant thereto. Revised 032010