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HomeMy WebLinkAbout541252 DUNBAR ARMORED INC - PURCHASE ORDER - 9150594City of �,.F.`or_t Collins Date: 01/26/2015 Vendor: 541252 DUNBAR ARMORED INC PO BOX 64115 BALTIMORE MD 21264-4115 PURCHASE ORDER PO Number Page 9150594 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: TRANSFORT BUS FACILITY CITY OF FORT COLLINS 6570 PORTNER ROAD CITY OF FORT COLLINS CO 8052 Delivery Date: 01/26/2015 Buyer: WILSON, JILL Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. **SUBJECT TO THE TERMS AND CONDITIONS OF BID 7672 AND AGREEMENT DATED 8/20/2014** Line Description Quantity UOM Unit Price Extended Ordered Price 1 2015 Blanket Order TMV Collection Services 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 i�Sil�l�9 31,299.39 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 Crundi(icns Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Too Collins is exempt from state end local taxes. Our Exemption Numb, is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6WO587 is registereA with the collector of Failure of the Purchase, to insist upon strict performance of the term, and conditions hereof, failure or delay to Woman Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1923, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event cry breach, the acceptance of or 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 wanamie, or obligations of this purchase order and shall not be deemed a waiver of any nght of the damage in transit, may be remred to you for credit and are not to be replaced except upon receipt of wine. purchaser to insist an stair, performance hereof or any of its rights or remedies as to any such goods, regardless instruction from the City of Fort Coll.. of when shipped, received or accepted, as to any prier or subsequent default heeundey nor shall any purprned am] mod, Textron or rescission of this purchase order by the Purchaser operate as a waiver of any of the to. Inspection. GOODS are subject m the City appear Collins inspection on arrival. hereof, Final Acceptance. Receipt of the meehandise, services or equipment in reserve to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the prat of the City of Fort Collins However, it is to be understood that FINAL Seller and the Purchaser recognize that in appal economic practice, overcharges resulting from antitrust ACCHPI'ANCE is dependent upon completion craft applicable required inspection procedures- violations are in fact home by the Purchase, Theretofore, foorgood 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.B., City of Fort Collins, 900 Wood St, Port Collins, CO 80522, unless acquired under federal or late antitrust laws for such overcharges relating to the particular goods or services otherwise specified mr this aide,. If permislon is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant 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 domfibuting points in v part, of the country, shipment is If the Purchaser directs the Seller tocorrect nonconforming or defective goods by a date to be agreed upon by the p exected firm the nearest dim ibrain. point to denounce, and excess f eight will be deducted from Invoice when Purchaser and die Seller, and the Seller thereafter indicates its inability or unxfilliogoess to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it, and Die Seller shall pay if costs associated with such work. Perni0. Seller shall prow, at stiles sole cost all necessary permits certificates and licenses required by all applicable laws, regulations, ordinances and rules of the sate, municipality, territory or political subdivision where The Seller shall release the Purchaser and its contractors of any tie from all liability and claims of any nature the work is pa ornard, or required by any other duly constituted public authority having jurisdiction over the work resulting form the Performance of such work. of vendor. Seller Writer agrees m hold the City of Fort Collins harniless form and against all liability and loss incurred by them by reason of an asserted or established violation of any such law,, regulations, ordinance,, rules This release shall apply even in the event of fault of negligence of Its•. party released and shall extend to the and requirements. directors, ofticers and employees ersuch party. Authorization All parties to this contract agree that the rcpresenarives are, in fact, bona fide end possess full and The Seller's eontm,.al obligations, including warranty, shall not be deemed to be reduced in any way, because complete authority to bind said parties. such work is performed or caused to be performed by the Purchaser. LIMITATION OF TERMS This Purchase Order expressly limits acceptance to the terms and conditions stared herein set both and any,npplememary or additional acmes and conditions annexed hereto or unsaturated herein by reference. Any additional or diRerenterms sad conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyru cannot make complete shipment to arrive on your premised delivery date as noted. Time is ofthe oversee. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including without limitation, acceptance ofpartial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and quiable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall rim be liable for damages as a result of delays due to reuses of reasonably foreseeable which ere beyond its reasonable control and without its full i f negligence, such ucts of God, acts ofrivit tar military authorities, gpr emme mil priorities, fires, strike, Rood, epidemics, wars or rots provided that notice ofthe conditions causing such delay is given to the Purchaser within five (5) duys of the time when the Seller fiat received knowledge thereof, In the event of any such defy, the date of delivery shall be extended for the period e,act m the time actually lost b..paam..fthe delay. 3. WARRANTY. The Seller 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 performed with the highest degree of care and competence in accordance with accepted similar& for work of a 'milar name. The Seller agree, m hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of warranty. Tote Seller shall replace, repair or make good, without past Ia the purchaser, any defects or faults arising w+thin 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 date of acceptance of the goods furnished heeunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials finished by the Seller. Acceptance or use ofgeads by the Purchaser shall not constitute a waiver of any claim under this warranty. Except v otherwise provided in this purchase occur, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warramies or guarantees, but such liability shall in no event include loss of profits or loss of rise. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal firms by ,,,an change muRn 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes m the terns, other than legal terns, including additions m or deletions Gam We quantities originally ordered in the specifications or drawings, by verbal or varmen change order If any such change affects the amount due or the time ofper mrea.ce hemande, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may t any time by written change cover, restaurant this agreement as an any or all portions of the grads then not shipped subject to any equitable adjustment between the panic, as In any work or materials then in progress provided that the Purchaser shop not be liable for any claims for anticipated profits on the uncompleted portion of the goods andor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect many goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any oftheir obligations us to any goods delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. I. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in rarer compliance with all applicable laws and regulations to which the goads are subject. The Seller shall exeamte and deliver such documents as may be, required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure Ia comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this over, or any monies due or to become due hereunder without the prior warner pansem ofthe other party. IL TITLE. The Seller warrants fell, clear and na ericted title to the Purchaser for all equipment, materials, and items fumished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest eocurbmnces and claims of ofers. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark copyright, the Seller shall indemnify sod save harmless 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 d rage which it they be obliged m pay by reason of such infringement at any time during the prosecution or after 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 ioGngement and the use of said equipment or part is enjoined, the Seller shall, at its even 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 noninfdnging equipment, or modify it se it becomes maninfriril 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, 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 be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition of terns used or the interpretation of the agreement and the rights of all parties hereunder shall IN cautioned under and governed by the laws ofthe Scam of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. Including the sciences of Seller, R ricamtaiive(s), on the pemisas of mantis. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shell, in e of any accident, destruction or iujury to the work and/or materials before Seller, final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by Where for installation or ercptirn by the Seller, the Seller shall receive, unload, store and handle same at the site and became responsible therefor as though such mrtsriaB maker equipment may being famished by the Seller coder the order. I S. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers pamperss imm, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, andor to their dependents in accordance with the laws of the stale in which the work is to be done. The Seller Shall also carry comprehensive general liability including, but not limited m, contractual and uummobile public liability insurance with bodily injury and death limits of ar least S300 000 for any one person, $500,000 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his onnacon , if any, to provide for such compensation and insurance. Before any of me Sellers or his connacrors employees shall do any work upon the premises of office, the Seller shall fomish the Purchaser, with a certifiers, that such compensation and insurance have been provided. Such cenifimtes shall specify the clue when each ompensation and insurance have been provided. Such certificates shall specify the date when such compensation and areurance 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 as es the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the ciceroni of the work provided far in this purchase order or in connection herewith The Seller will indemnify and hold harmless the Purchaser and any r all of the Politician, officers, agents and employees from and against any and all claims, lasses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchase may be put or subject by mason of any act, action, neglect, omission or default on the part of the Seller any of his contractors, or any of the Sellers or contractors officer agents or employees. In case any suit or other proceedings Shell be brought against We Purchose, or its officers, agents or employees at any time on accuunr or by reason of any act, ..lion, neglect, omission or default of the Seller of any of his perimeters or any of its or their cheers, agents or employees is aforesaid, the Seller hereby agrees to assume the defense thereof and m defend the same at the Sellers awn expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchase or any of its or their oRcen, 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 Purchaser, or said parries in or as a result of such 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 fimish 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 ales and regulations issued pursuant thereto. Revised WU2014