Form 734-2762A Odot Public Transit Grant Purchase Order - Oregon

Form 734-2762A is a Oregon Department of Transportation form also known as the "Odot Public Transit Grant Purchase Order". The latest edition of the form was released in April 1, 2010 and is available for digital filing.

Download an up-to-date fillable Form 734-2762A in PDF-format down below or look it up on the Oregon Department of Transportation Forms website.

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[Enter agency name here]
P.O. #
OdOt PUBliC trAnsit GrAnt
PUrChAse Order
Show thiS number on all paperS and ShipmentS
pertaining to thiS order
name of ordering agency
po date
delivery date
vendor contract number
VendOr name and addreSS
Bill tO name and addreSS
vendor contact perSon name and phone
agency contact perSon name and phone
shiP tO
odot / ptd grant agreement number
termS
30
comment
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2.7.3 mandatory purchase order language.
0
this purchase is submitted pursuant to State of oregon Solicitation no. 102-2041-14 and price agreement no. 0000.
the price agreement including contract terms and conditions contained in the price agreement are hereby incorporated by
reference and shall apply to this purchase and shall take precedence over all other conflicting terms and conditions, expressed
or implied. Visit the ODOT-RPTD Web site, www.oregon.gov/odot/pt, to access ORPIN
authorized agent print name
authorized agent Signature
Signature date
X
revised 04/10
734-2762a (2762agency) 0410
Save
Print
[Enter agency name here]
P.O. #
OdOt PUBliC trAnsit GrAnt
PUrChAse Order
Show thiS number on all paperS and ShipmentS
pertaining to thiS order
name of ordering agency
po date
delivery date
vendor contract number
VendOr name and addreSS
Bill tO name and addreSS
vendor contact perSon name and phone
agency contact perSon name and phone
shiP tO
odot / ptd grant agreement number
termS
30
comment
tOtAl
tOtAl
seAts
VehiCle
item
sUB-
tOtAl
AdA
w / AdA
VehiCle
OPtiOns
nO. CAteGOry
CAteGOry
desCriPtiOn
seAts
stAtiOns
dePlOyed Qty
BAse PriCe
tOtAl
tOtAl COst
Clear line
$0
$0
Clear line
Clear line
$0
$0
Clear line
$0
Clear line
$0
Clear line
$0
Clear line
Clear line
$0
$0
Clear line
$0
Clear line
$0
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$0
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$0
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$0
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Clear line
$0
$0
Clear line
$0
Clear line
$0
Clear line
$0
Clear line
tOtAl
GrAnd
0
$0
VehiCles
tOtAl
2.7.3 mandatory purchase order language.
0
this purchase is submitted pursuant to State of oregon Solicitation no. 102-2041-14 and price agreement no. 0000.
the price agreement including contract terms and conditions contained in the price agreement are hereby incorporated by
reference and shall apply to this purchase and shall take precedence over all other conflicting terms and conditions, expressed
or implied. Visit the ODOT-RPTD Web site, www.oregon.gov/odot/pt, to access ORPIN
authorized agent print name
authorized agent Signature
Signature date
X
revised 04/10
734-2762a (2762agency) 0410
stAndArd terms And cOnditiOns -— stAte OF OregOn -— cOntrActs FOr the PurchAse OF suPPlies And/Or serVices
1. definitionS: “contract’ means the entire written agreement between the
perform examination, and audits and make excerpts and transcripts.
parties, including but not limited to the Invitation to Bid or Request for Proposal
14. AMENDMENTS: The terms of this contract shall not be waived, altered, modified,
and its specifications, terms and conditions; solicitation instructions; solicitation
supplemented or amended in any manner whatsoever without prior written approval
addenda and contract amendments, if any; the purchase order or price agreement
of the State.
document.
15. Severability: if any provision of this contract is declared by a court of
“contractor” means a person or organization with which the State of oregon has
competent jurisdiction to be illegal or in conflict with the law, the validity of the
contracted for the purchase of goods the terms “contractor” and “Seller” as used
remaining terms and provisions shall not be affected; and the rights and obligations
in the Uniform Commercial Code (ORS chapter 72) are synonymous; “ORS’ means
of the parties shall be construed and enforced as of the contract did not contain the
the Oregon Revised Statutes;
particular provision held invalid.
“State” means the state agency making the purchase and is synonymous with
16. waiver: failure of the State to enforce any provision of this contract shall not
“buyer” as used in orS chapter 12. “State” also means an orcpp member if
be a waiver or relinquishment by the State of its right to such performance in the
the purchase is being made under the State’s cooperative purchasing program
future nor of the right to enforce any other provisions of this contract.
authorized by orS 190.240.
17. GOVERNING LAW; JURISDICTION, VENUE: This contract shall be governed
2. WORKERS’ COMPENSATION: The Contractor, its subcontractor, if any, and
and construed in accordance with the laws of the State of Oregon, without resort
all employers providing work, labor or materials under this Contract are subject
to any jurisdiction’s conflict of laws rules or doctrines. Any claim, action, suit, or
employers under the oregon workers’ compensation law and shall comply with
proceeding (collectively, “the claim”) between the State (and/or any other agency or
ORS 656017, which requires them to provide Oregon workers’ compensation
department of the State of oregon) and the contractor that arises from or relates to
coverage that satisfies Oregon law for all their subject workers.
this contract shall be brought and conducted solely and exclusively within the circuit
3. Standard and Special termS and conditionS: the terms and
Court of Marion County for the State of Oregon. Provided, however, if the claim
conditions printed on this page are standard to State of oregon contracts for the
must be brought in a federal forum, then it shall be brought and conducted solely
purchase of goods. there may also be special terms and conditions in an invitation
and exclusively within the united States district court for the district of oregon.
to Bid or Request for Proposal which apply only to this contract.
Contractor hereby consents to the in personam jurisdiction of said courts.
4. delivery: all deliveries shall be f.o.b destination with all transportation and
18. ASSIGNMENT/SUBCONTRACT/SUCCESSORS: Contractor shall not assign,
handling charges paid by Contractor, unless specified otherwise in the solicitation
sell, transfer, or subcontract rights or delegate responsibilities under this contract
documents. responsibility and liability for loss or damage shall remain with
in whole or in part, without the prior written approval of this State. No such written
approval shall relieve Contractor of any obligations of this contract, and any
Contractor until final inspection and acceptance when responsibility shall pass to
the State except as to latent defects, fraud and Contractor’s warranty obligations.
transferee or subcontractor shall be considered the agent of contractor. contractor
shall remain liable to the State under the contract as if no such assignment, transfer,
5. INSPECTIONS: Goods furnished under this contract shall be subject to inspection
or subcontract had occurred. the provisions of this contract shall be binding upon
and test by the State at times and place determined by the State. If the State finds
and shall inure to the benefit of the parties to the contract and their respective
goods furnished to be incomplete or not in compliance with solicitation specifications,
successors and assigns.
the State may reject the goods and require Contractor to either correct them
without charge or deliver them at a reduced price, whichever is equitable under the
19. compliance with applicable lawS: contractor shall comply with all
circumstances. if contractor is unable or refuses to cure any defects within a time
federal, state and local laws, codes, regulations and ordinances applicable to the
deemed reasonable by the State, the State may reject the goods and cancel the
provision of goods under this contract, including, without limitation, the provisions
contract in whole or in part. nothing in this paragraph shall in any way affect or limit
of ORS 279C.505, 279C.515, and 279B.235, as set forth below and the provisions
the State’s rights as buyer, including the rights and remedies relating to rejection
of: (i) Title VI of the Civil Rights Act of 1964; (ii) Section V of the Rehabilitation
under orS 72.6020 and revocation of acceptance under orS 72.6080.
Act of 1973; (iii) the Americans with Disabilities Act of 1990 (Pub L No 101- 336).
ORS 659.425, and all amendments of and regulations and administrative rules
6. WARRANTIES: Unless otherwise stated, all goods shall be new and current
established pursuant to those laws; and (iv) all other applicable requirements of
model and shall carry full manufacturer warranties. contractor warrants all goods
federal and state civil rights and rehabilitation statutes, rules and regulations.
delivered to be free from defects in labor, material and manufacture and to be in
20. paymentS reQuired by orS 279c.505 and 279b.220: for all goods
compliance with solicitation specifications. All implied and expressed warranty
provisions of the uniform commercial code (orS chapter 72) are incorporated in
provided under this contract, Contractor shall (i) pay promptly, as due, all persons
this contract. all warranties shall run to the State.
supplying labor or material; (ii) pay all contributions or amounts due the industrial
Accident Fund from the contractor or any subcontractor; (iii) not permit any lien or
7. CASH DISCOUNT: If the State is entitled to a cash discount, the period of
claim to be filed or prosecuted against the state, county, school district, municipality,
computation shall commence on the date the entire order is delivered or the date
municipal corporation or subdivision thereof; and (iv) pay to the Department of
the invoice is received, whichever is later.
revenue all sums withheld from employees pursuant to orS 316.167.
8. payment: payment for completion of State contracts is normally made within
21. STATE PAYMENT OF CONTRACTOR CLAIMS: If Contractor fails, neglects
30 days following the date the entire order is delivered or the date the invoice is
or refuses to pay promptly is due, any claim for labor or services furnished to
received, whichever is later. After 45days, Contractor may assess overdue account
the contractor or any subcontractor by any person in connection with the goods
charges up to a maximum rate of two-thirds of one percent per month (8% apr) on
provided under this contract, the State may pay such claim and charge the amount
the outstanding balance (orS 293.462).
of the payment against funds due or to become due the contractor under this
9. termination: this contract may be terminated by mutual consent of both
contract. the payment of a claim by the State pursuant to this paragraph 21 shall
parties or by the State at its discretion. the State may cancel an order for goods at
not relieve the Contractor or its surety, if any, from obligation with respect to any
any time with written notice to Contractor, stating the extent and effective date of
unpaid claims.
termination. Upon receipt of this written notice, Contractor shall stop performance
22. hourS of labor: no person shall be employed by the contractor for more
under this contract as directed by the State. If this contract is so terminated,
than eight hours in any one day, or 40 hours in any one week, except in cases of
contractor shall be paid in accordance with the terms of the contract for goods
necessity, emergency, or where public policy absolutely requires it, and in such
delivered and accepted if contractor’s damages arising out of return of the goods
cases the laborer shall be paid at least time-and-a-half pay for all overtime in excess
cannot be mitigated by the resale as provided in the uniform commercial code
of eight hours a day and for work performed on Saturday and on any legal holiday
(orS 72.7060).
specified in ORS 279B.020 and 279C.540.
10. force maJeure: neither party to this contract shall be held responsible
23. Safety and health reQuirementS: goods and services provided
for delay or default caused by fire, riot, acts of God and/or war, which is beyond
under this contract shall comply with all federal occupational Safety and health
the party’s reasonable control. the State may terminate this contract upon written
Administration (OSHA) requirements and with all Oregon safety and health
notice after determining such delay or default will reasonably prevent successful
requirements, including those of the State Workers’ Compensation Division.
performance of this contract.
24. award to foreign contractor: if contractor is not domiciled in or
11. breach of contract: Should contractor breach any of the provisions of
registered to do business in the State of Oregon, Contractor shall promptly provide
this contract, the State reserves the right to cancel this contract upon written notice
to the oregon department of revenue and the Secretary of State corporation
to contractor. contractor shall be liable for any and all damages suffered by the
Division all information required by those agencies relative to this contract. The
State as the result of contractor’s breach of contract including but not limited to
State shall withhold final payment under this contract until Contractor has met this
incidental and consequential damages, as provided in ORS 72.7110 to 72.7170 in
requirement.
the event of repeated breach of public and/or private contracts, Contractor shall be
subject to disqualification on State of contracts, as provided in ORS chapter 279
25. recyclable productS:
contractor shall use recyclable products to
and oar chapter 137.
the maximum extent economically feasible in the performance of this contract.
contractor shall specify the minimum percentage of recycled product in the goods
12. HOLD HARMLESS: Contractor shall indemnify, defend and hold harmless the
provided.
State and its divisions, officers, employees, agents and members, from all claims,
suits or actions of any nature arising out of or related to the activities of Contractor,
26. material Safety data Sheet:
in accordance with the or-oSha
its officers, subcontractors, agents or employees under this contract.
Hazard Communication Rules in OAR chapter 437, division 155, Contractor shall
provide the State with a material Safety data Sheet for any goods provided under
13. ACCESS TO RECORDS: The Contractor shall maintain all fiscal records relating
this contract which may release, or otherwise result in exposure to, a hazardous
to this contract in accordance with generally accepted accounting principle and shall
chemical under normal conditions of use (OAR 437- 155-005 (2); 437-155-025). In
maintain any other records relating to this contract in such a manner as to clearly
addition, Contractor must label, tag or mark such goods.
document Contractor’s performance hereunder. The State and its agencies, the
Secretary of State Audits Division, the federal government and their duly authorized
reviSed by the attorney general 9/94
representatives shall have access to such fiscal records and to all other books,
document title changed and orS 279 referenceS updated by daS
documents, papers, plans and writings of Contractor which relate to this contract, to
formS committee 04/05

Download Form 734-2762A Odot Public Transit Grant Purchase Order - Oregon

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