HomeMy WebLinkAbout105596 COLORADO ASSOCIATION OF TRANSIT AGENCIES - PURCHASE ORDER - 9957337Date: 12/8/2009
City of
Fit Collins
Page Number: 1
Purchase Order Number: 9957337
Delivery Date: 1218/2009 Buyer: CAREY, DAVID
Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence.
Note:
Line Qty/Units Description Extended Price
1 1 LOT 4,000.00
2010 CASTA Dues
Per Membership Application
Line 1 for account portion of $5,981 total invoice amount.
2 1 LOT 1,981.00
2010 CASTA Dues
Per Membership Application
Line 1 for account portion of $5,981 total invoice amount.
Total
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City of Fort CqlflinDirector of Purchasing and Risk Management
This order is rtQlhalid over $5000 unless signed by James B. O'Neill II, CPPO
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
$5,981.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fon Collins is exempt font state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Internal Revenue, Denver. Colorado (Ref Colorado Revised Statutes 1973. Chapter 39-26. 114 (a).
Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written
instructions fi'ont the City of For Collins.
Inspection. GOODS are subject to tine City of For Collins inspection on all ival.
Final Acceptance Receipt ofthe merchandise, services or equipment in response to Ihis order can result in authorized
paymment an the pan of the City of For Collins. However. it is to be understood that FINAL ACCEPTANCE is
dependent upon completion ofall applicable required inspection procedures.
Freight Teats. Shipments nwst be F.O.B.. City of For Collins. 700 \c, I St., Fon Collins, CO 80522, unless
otherwise specified on this order. Ifper fission is given to prepay li eight and change separately, the original height bill
must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where nanufacturers have distributing points in various parts of the country. shipnnent is expected
from the nearest distribution point to destination. and excess fieight will be deducted from Invoice when shipments ate
made from greater distance.
Permits. Seller shall procure at sellers sole cost all necessary permits. certificates and licenses required by all applicable
laws, regulations. ordinances and rules ofthe state, municipality, ten itory or political subdivision where the work is
performed. or required by any other duty constituted public authority having jurisdiction over the work of vendor.
Seller fiuther agrees to hold the City of Fort Collins harmless fronn and against all liability and loss incurred by therm by
reason of an asserted or established violation of any such laws. regulations. ordinances. ]tiles and requirements.
Authorization. All parties to this contract agree that the representatives arc, in fact, bona fide and possess fill and
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance tothe terns and conditions stated herein
set forth and any supplementary or additional teams and conditions annexed hel eto or incorporated herein by reference -
Any additional or different terns and conditions proposed by seller are objected to and hereby rejected.
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. Delivery and performance nest be effected within the time
stated on the purchase order and the documents attached Inereto. No acts of the Pnrchsas acludunL. \wnhout
limitation, acceptance ofpanial 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 equitable remedies, the option of'placing this order elsewhere and
holding the Seller liable fur damages. However, the Seller shall not be liable fur damages as a result of delays due to
causes not reasonably foreseeable which are beyond its reasonable control and \without its f ILIII ofnegligence. such acts
of God, acts of civil or military authorities, governmental priorities, tires. strikes, flood, epidemics. wars or riots
provided that notice ofthe conditions casing such delay is Liven to the Purchaser within live (5) days ofthe Sinme
when the Seller first received knowledge thereof. In the event ofanysuch belay. the date ofdeliveyshall be extended
for the period equal to the time actually lost by reason of the delay.
3.WARRANTY.
The Seller warrants that all goods, articles. materials and work covered by this order will conform with applicable
drawings, specifications, sannples and/or other descriptions given• will be fit lir 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 harmless fionm any loss, danmage or expense which the Purchaser nray suffer or
incur on account ofthe Sellers breach of waranty. The Seller shall replace, repair or make good, without cost to the
purchaser, any detects or faults arising within one (1) year in \rithill such longer period of time as nray be piesaibed by
Inv or by the terms of any applicable waranty provided by the Seller aficr the date of acceptance of the goods
furnished Inereunder (acceptance not to be unreasonably delayed), resulting (into imperfect or defective work done or
materials furnished by the Seller. Acceptance m use of goods by the Purchaser shall not constitute a tvaiver of any
claim under this warranty. Except as otherwise provided in this purchase order. the Sellers liability hereunder shall
extend to all damages proximately caused by the breach of any of the foregoing warranties 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 terns by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Put chnser may make anychanges to the terms, otherthan legal terns, including additions to or deletions fionrthe
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 adjusvnent shall Ix made.
6. TERMINATIONS,
The Purchaser nay at any time by written change order, terminate this agreement as to any or all portions of the goods
then not shipped, subject to any equitable adjustment between the parties ❑s to any work or materials then in progress
provided that the Purchaser shall not be liable for any clains fir anticipated profits on the unconmpleted portion orthe
goods and/or work, for incidental or consequential elammnges, and that no such adjusmtent I c node in Ihvor of the Seller
with respect to any goods which are the Sellers standard stock. No such tennination shodl relieve the Purchaser or the
Seller of any of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days Gout the date the change or tennina ion is ordered.
S. 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 laws and regulations to which the goods are subject. 'vile Seller shall execute anddeliver
such documents as may be required to effect or evidence compliance. All laws and regulations re luired 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 failue to comply with such law.
If and only to the extent this [Agreement) constitutes it "sole source government contract" within the meaning of
Article XXV III ofthe Colorado Constitution ("Article XXVIII" ). then the provisions of Section 15 ofAnicle XXVIII
are hereby incorporated into this [Agreement]. In such a case, if the [ConumctorI or ally other person who is a
"contract holder" as defined in Section 2(4.5) ofArtiele XXV'lll intentionally violates Section 15 orSection 17(2) of
Article XXVIII, then the [Contractor] agrees it shall be ineligible to hold airy sole source government contract, or
public employment with the state of Colorado or any of its political subdivisions, for three years.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order. or any ninnies due or to Ixconie due hereunder without the
prior written consent ofthe other party.
I0. TrrLE.
The Seller warrants toll. clear and unrestricted title to the Purchaser lit all equipment. materials. and items finished in
perfimnance of this agreement, free and cleat of any and all liens. restrictions, reservations, security interest
encumbrances anti claims of others.
1 I. NON\VAIVFRt
Failure ofthe Purchaser to insist upon strict performance of the terns and conditions hereof. failure or delay to
exercise any rights or remedies provided herein or by law. failure to promptly notify the Seller in the event of a breach,
the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller ofany ofthe
wanantics or obligations of this purchase order and shall not be deemed a waiver ofany right ofthe purchaser to insist
upon strict performance hereof or any of its rights or remedies as to any such goods, regardless 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 order by the Purchaser operate as a waiver ofany of the terms hereof.
I2. ASSIGNMENT 017 ANTITRUST CLAIMS.
Seller and She Ihrrehaser recognize that in actual economic practice. overcharges resulting front attitfust violations are
in fact borne by the Imchaser. Theretofore. for good cause and as consideration fix executing this purcharseorder, the
Seller hereby assigns to the Purchnser any and all clains it may now have or hereafter acquired under federal or state
antiuu.st laws fir such ueercharges relating to the particular goods m services purchased m acquired by the Purchaser
pursuant So this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ville I'urchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, anti the Seller thereafter indicates its inabilityor unwillingness to comply, the Purchaser nray
cause the work to be performed by the most expeditious means available to it, and the Seller 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 performance of such work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors,
otticers and employees of such party.
"I'he Sellcr:s contractual obligations, including warranty, shall not be deemed to be reduced, in anyway, because such
\vork is pet finned or caused to be performed by the Purchaser.
14, PATENTS.
Whenever] the Seller is required to use any design, device. material or process covered by letter, patent, trademark or
copyright, the Seller shall aides ally and save harmless the Purchaser from any and all clains for infiingement by reason
ofthe use ofs tch patented design. device. material or process in connection with the contract, and shall indemnify the
Purchaser fir any cost, expense or damaee which it may be obliged to pay by reason of such infringement at anytime
during the pmseeuion 0I a fer the completion ofthe work. In case said equipment, or any pail thereof m the intended
use of the goods, is in such suit held to constitute inftingennent and the use of said equipment or put is enjoined, the
Seller shall• at its own expense and at its option, either procure for the Purchnser the right to continue using said
equipment or pans, replace the same with substantially equal but non-infi inging equipment, or modify it so it becomes
non-intr'rnging.
15. INSOLVENCY.
If the Seller shall beconne insolvent or bankrupt. make an assignment fur the benefit ofcreditors. appoint a receiver or
trustee tit any of the Sellers property or business, this order nay forthwith be canceled by the Purchaser without
liability.
16, GOVERNING LAW,
'['lie definitions of terns used or the interpretation ofthe agreement and the rights of all parties hereunder shall be
construed under and governed by the laws ofthe State of Colorado, USA.
The Hallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the
services of Sellers Representative(s). on the premises of others.
17. SELLERS RESPONSIBILIT'S
The Seller shall canyon said work at Seller's own risk until the same is fully commpleted and accepted, and shall, incase
of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance,
mplene the work at Seller's own expense and to the satisfaction ofthe Purchaser. When materials and equipment are
furnished by others for installation or erection by the Seller. the Seller shall receive. unload. store and handle same at
the site and become responsible therefor 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 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 cant'
comprehensive general liability including, but not limmited to, contractual and automnobile public liability insu-ancewith
bodily injury and death limits of at least $300,000 fir any one person. $500.000 for any one accident and property
damage limit per accident of $400.000. The Seller shall likewise require his contractors, if nny, to provide for such
compensation tad insurance. Before any of the Sellers or his contractors employees shall do any work upon the
premises of others, dre Seller shall ialrish the Purchaser with a cen ificate dint such compensation and insurance have
been provided. Such certificates 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 Ix maintained until after the entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
]'he Seller hereby assumes the entire responsibility and liability for any and all damage, loss m injury of any kind m
nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this
purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of
the Purchasers officers. agetus and employees from and against any and all clains, losses, damages. charges or
expenses, whether direct or indirect, and whether to persons or property to which the Purchnser nray beput or subject
by reason of ay act. action, neglect, omission or default on the pan ofthe Seller. anyofhis contractors, m any ofthe
Sellers or contractors officers. agents or employees. In case anysuit 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 ofthe 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 costs. charges, attorneys fees and other expenses, any and all judgments that nray be incurred by or obtainedagainst
the Purchaser or any of is 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 of the Purchaser, or said parties in or as a result
of such suits or other proceedings. the Seller will at once cause the same to lx dissolved and discharged by giving bond
or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary fix
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 rules and regulations issued pursuant thereto.
Revised 04/2000