HomeMy WebLinkAbout129401 FORT COLLINS COLLISION REPAIR - PURCHASE ORDER - 9144270Fort Collins
Date: 07/28/2014
PURCHASE ORDER
Vendor: 129401
FORT COLLINS COLLISION REPAIR
4251 S MASON ST
FORT COLLINS CO 80525-3048
PO Number Page
9144270 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: OPERATIONS SERVICES
CITY OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS CO 80521
Delivery Date: 07/28/2014 Buver: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Hail damage repairs
estimated
To cover the cost of hail damage repairs
to City vehicles.
An invoice for each unit with a unit number
and vin number must be submitted to:
City of Fort Collins
Operation Services
PO Box 580
Fort Collins, CO
contact: Eric
ph# 970-221-6613
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
40,000.00
Total $40,000.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
1. COMMERCIALDEfA1L5.
Tan exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Bomber is 11. NONWAIVER.
95-04502, Federal Excise Tax Exemption Certificate of Registry g4. W005g] is registeml wilb 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 (Rd Colorado Revised Statutes 1973, Chapter 39-26. 114 (a), exercise any rights or remedies provided heroin or by law, failure to promptly nodfy the Seller in the event of a
breach, the acceptance ofor payment for goads hereunder or approval of the design, shall not release the Sella of
Goods Rejected GOODS REJECTED due to failure to meet.,aft,mem,, 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 any right of the
damage in emoip may be returned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist On shim pert rmancc hereof or any of its right or remedies u 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 puryoned
oml modification or rescission of this purchase order by the Purchaser marine as a waiver of any of the terms
Inspection. GOODS arc subjecuo rate City of Fort Collins inspection on arrival. hereof.
Final Acceptance. Racipr of the merchandise, saxicas or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fan Collins. However, it is to he understood that FINAL Sella and the Purchaser recognize that in actual a c matter, overcharres ges ulting fromnt aitrust
ACCEPTANCE is dependent upon completion of all applicable required interaction procedures. violations are in fact home by the Purchaser. Theremf rs, for pr
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 Terns. Shipments must be F.O.B., City of Fan Collins, 900 Wood St., Fan Collins, CO 50522, unless acquired under federal or stale antitrust Incas for such overcharges relating to the particular goods or services
otherwise specified on His cola. lfpermission is Given e, prepay freight and charge separeely, the origirel freight purchased or acquired by the Purchaser pursuant to this purchase order.
bll I most accompany invoice. Additional charges for packing will nor be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. When, manufacturers have calculating point in u Tons of the country, shipment is Ifthe Purchaser directs the Seller togo cancer nonconforming or defective goods by a doe to be agreed upon by rate
expened from the nearest distnbutiun point to dnati cinon, and excess freight will be dedund from Invoice when Purchaser and rate Sella, and the Seller thereafter indicates its inability or unwillingness or comply, fe Purch
Shipments one made form greater distance may cause the work In be performed by the most expeditious means available to it, and the Seller shall Pay all
cost comeiad with such work.
Permit. Sella shall procure at sellers sole —1 all recess ry permit, certificate and licenses banned by all
applicable laws, regulations, ordinances and mles of the store, municipality, territory or political subdivision where
the work is penbrmd, or required by any other duly constituted public authority having jundidem over fe work
of vad.r. Seller further agrees to halo he City of Von Collins hamdns form and against all liability and loss
incurred by them by rearm area asserted or established violation of any such laws, regulation, ordinances, roles
and requirement.
Authorization. All parties to this contract agree Hart he n,pmsrnmtives are, is fact, from file one possess fell and
complete authority to bind said panin.
LIMITATION OF TERMS. This Purchase Order expressly limits acu,ptaoce to foe terns and conditions staid
herein set forth and any supplementary or additional tent and conditions annexed hereto or incaryontd herein by
reference. Any additional or diRerent reams and conditions proposal by seller are ebjend to and hereby mysted.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to drive on year
promised delivery date as noted. Time is of the essence. Delivery and performance must be eftected within the time
stated on the purchase order and the document aVaehed hereto. No acts of the Purchasers including, without
limitation, acceptance of panful lute deliveries, shill operate or a waiver of this pmvisirr. In the event of any delay,
the Purchaser shall have, in addition to other legal and quitable remedies, the opIran of eform, this mile, elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages is a result of delays
due to causes not mount f resceable which are beyond its reasonable control and without it fault of negligence,
mach act oFGwE act ofavil or military authorities, governmental priorities, fires, strikes. Boot, epidemia, wars or
rings provided that notice of the courflai m causing sum delay is given on the Pushsser within Five (5) days of no
time what the Seller first received knowledge tiered. In the event of my such delay, the date of delivery shall be
,xtendd for Her penod equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants that rill panels, articles, tm derlals and work covered by this order will conform with applicable
drawings, specifications, samples and/or offer description given, will be fit for the puryom intended, and
raftermod with the highest degree of care and competence in accordance with accepted standards for work of a
milar atrue The Sella agates to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may surf or incur on reporter of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without cast to no purchaser, any defect or fault arising within one (1) year or within such longer peed of
time as may be pmpribd by law or by foe gems of any applicable wvrmty provided by the Seller after foe dare of
acceptance of the goods famished hereunder (acceptance not or Be umesssorubly delayed), reading from woularat
or defective work done or materials fumishd by the Sella. Acceptance or use of goods by the Purchaser shall not
constitute a waiver of any claim under His warranty. Except to mFxmse provided in this purchase order, foe Seller
liability hereunder shall extend to all damages Immaturely caused by the breach of any of the foregoing warranties
of guarantees, but such liability shall in no cover include loss of profit err 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 a legal terms by written change codes.
S. CHANGES IN COMMERCIAL TERMS.
The Purebasa may make nay changes I. foe emq order fan legal mutt. including additions to nr deletions to.
foe quamicies originally ordered in foe Spnlficatiom or drawings, by vabel or wraren change order. If any Such
change affect 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, mmrinme his agreement as to any or all poniom of the
.nods then not shipped, smbjed to any equitable adjustment between the parties as to any work or materials then in
progress provided that the Purelinc er shall oat be liable for any elaims for anticipated prntit on the unaandaid
portion ofthe goods super work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Sella with respect co any goods which ere the Sellers standard stock. No such lamination shall relieve
the Purchaser or foe Seller artery ofthar obligation as I. any goods delivered hereunder.
1. CLAIMS FOR ADJUSTMENT.
Any claim fro adjustment most be asserted within thirty (30) days form foe date Hoe phange or rermimtian is
extend.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in stria
ompliance with ell applicable laws and regulations to which the goods are subject. The Seller shall execute and
deliver such doamant as may be required to effect or evidence compliance. All laws and regulations required m be
ncoryomoed in agreement of this character are hereby incorporated herein by this reference. The Sella agrees to
indemnify and hold the Purchaser hartnlas from at l cost and damages sulrered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither perm shall assign, loco , or convey this orda, or my marks due or to become due hereunder without the
prior, wrinen couent afthe other party.
10. TITLE.
The Seller warrant full, clear and unmtricmd title to the Purchaser for all equipment, materials, and items famished
in performance of this agreement, fee and clear of any and all liens, mHidimt, mervutirns, wady o emt
encumbrances and claims of others.
The Seller shall release the Purchaser and it contractors or nay tier firm all liability and claims of any nature
resulting from the performance of such work.
gllis releue shall apply even in the event of fault of negligence of the pony released and shall emend to the
diraters, officers and employees of such piny.
The Seller's communal obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be preformed by the Purchaser,
14. PATENTS.
Whcmner foe Sella is required to use any design, dit mmcual err process catered by lane, patent, trademark
or copyright, the Sella shall indemnify and save harmless She Purchaser from any and all claims for inGingement
by reason of foe use of such patented design, device, material or process in connection with the contract, and
shall indemnify the Pumhaa for any ever, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution or after the complaint of the work. In cam said equipment, or
nay pan thereof err the intended use of the goods, is in such an held to om atimm arrangement and the use of
said equipment nr an is captained, the Seller shall, at its awn expense and at its option, either potion, for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
noninGnging allurement, or modify it so it becomes nonlnfiria log,
15. INSOLVENCY.
If the Seller shall become insolvent or baNmpt, make an assignment for foe benefit of credimrs, appoint a
or tmstee for any or foe Sellers property or business, this Oder may forthwith be canceled by the
Purchurr without liability.
16. GOVERNING LAW.
The definitions of farms used or the intnpramtion ofthe agreement and foe right of all parries hereunder shall be
coneff ed under and governed by the laws of the Side ofColawi USA.
The following Additional Conditions apply only in cases where the Sella is to perform work hereunder,
including the services of Sellers R,presenmlwals), on foe premiss of others.
19. SELLERS RESPONSIBILITY.
The Seller shall cany — said work at Sellers own rusk until foe same is fully completed and accepted, and shall,
in rise of any accident, destruction or injury to the work amVor materials before Sellers fowl completion and
acceptance, complete the work at Sellers own expense and to the Satisfaction of the Duch. When materials
and equipment are famished by offers for installation or erection by the Sella, the Seller shall receive, unload,
store and handle same at the site and become rnpottible therefor as though such materials ardor equipment
were bring Pomishd by foe Seller under the order.
18. INSURANCE.
The Seller shall, at his awn expense, provide for the payment of workers compen ffl ow including occupational
disease benefit, to it employees employed on or in connection with foe work covered by this purchase order,
empire to their dependent in accommome with the laws of the state in which the work is to be, done. The Seller
Sul also any comprehensive groeml liability including, but not limited to, contractual and automobile public
liability imunm'e wire onably injury read deaf limit of in least S100,000 for any one person 550flgq for any
ore accident and property damage limit per accident of S400,000. The Sella shall likewise require his
outmcmrs, if any. to provide for such coaq-ticassin and insurance. Before any ofthe Sellers or his contractors
employees shall do any work upon the premises of.1he,, foe Sella shall famish the Purchaser with a certificate
that such compensation and insurance have been provided. Such certificates shall specify the date when such
amp ausation and resonance have been provided. Such caficmes shall specify the date when such compensation
and in expires. The Seller agates that such compensation suit insurance slid[] be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire mesponsibility and liability for any and all damage, loss or injury ofany kind
or tulure, whatoever to retorter or porpaty glued by or resulting fmm the execution ofhe work Provided for in
this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Purchaser and any
r all of fc Purchasers officers, agent and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to perons or property to which the Prechter may
be put or subject by reason of any act, action, neglect, omission or default on foe pan of the Seller, any of his
commit or my of foe Sellers or contractors officers, agents or employees. In case any suit or order
Proceedings shall be bmuglrt against the Purchaser, or its officers, agent or employees in any time on account or
by ream. of any act, action, neglect, .mission or default of the Seller of any of his contraco a or any of its or
their officers, agent or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the ante at the Sellers own expemr, m pay any and all cast, charges, anomeys fees and other expenses,
my and all judgment fat may be incurred by or coastal against the Purchaser or any of it or their officers,
agent or employns in such suit or other procevpags, and in cue judgment or other lien be placed upon or
obtained against the pmperry of the Purchaser, or said panin in or as a mutt of such suit or other proceedings,
the Seller will at once cause the same to ba dissolved and dtchergd by giving bond an otherwise. The Seller and
his contractors shall hake all Safety precautions, Florida and instill all guards necessary for the pfeverinum of
accident, comply with all laws and regulations with regard to Safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rules and regulations issued pursmnt thereto.
Revised 07I2014