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HomeMy WebLinkAbout438171 BIKE FORT COLLINS - PURCHASE ORDER - 9141912PO Number Page City of PURCHASE PURCHASE ORDER 914191 9141912 1 of z olI ns This number must appear V L I on all invoices, packing ' `tr sli s and labels. Date: 04/04/2014 Vendor: 438171 Ship To: TRANSPORTATION PLANNING & BIKE FORT COLLINS 281 NORTH COLLEGE' PO BOX 1632 FORT COLLLINS CO 80524 FORT COLLINS CO 80522 Delivery Date: 04/04/2014 Buyer: ED BONNETTE Note: PER SERVICES AGREEMENT FOR FORT COLLINS BIKE LIBRARY OPERATIONS WITH BIKE FORT COLLINS. Line Description Quantity UOM Unit Price Extended Ordered Price t Bike Library Services as Required 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 $60,000.00 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 I. COMM£RCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm stale and local taxes Our Exemption Number is II. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cecificam of Registry 84-6000587 is mgistered with 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 (Ref Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or annuities provided halo or by law, failure to promptly notify the Sella in the event of a breach, the acceptance ofor 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 wmramics ar obli, mimin of on pmchnse coda and shall not Ise dnmd a waiver of any right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies m to any such goods,regardless instmctions fmm the City of For Collins. of when shipped, received or accepted, as in any prior or subsequent default hereunder, nor shall my purported am[ modification or rescission of this purchase order by the Purchaser alternate as a waiver of my of the terms Inspection, GOODS are subject to the City of Fort Callan inspection an ariwl. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order tan result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, authinud payment on the pan of the City of Far Collins. However, it is to be understand that FINAL Sella and the Purchaser recognize than in actual economic practice, overcharges resulting from antitmmt ACCEPTANCE isdependatuponcompletionofall applicable requied inspection procedures. violations are in fact home by the Purchaser, Theraofre, for good cause and as consideration far executing this purchase order, the Seller hereby assigns 'o the Purchaser any and all claims it may now have or hereafter Freight Terns. Shipments tans, be F.O.B., City of Far Collins, 700 Wood St, Fart Cohim, CO 80522, unless acquired tinder orders] or sore antitrust laws for such overcharges relating to fie particular goods or services othaviu specified on this order. if,ermissim is given to prepay freight and charge separately, the original freight purdcvsed or nequirrd by the Pachssa pursuanoo this purchase odes. bill must mcomoanv invoice. Additional charnel for nankin¢ will not be accented. Shipment Distance. Where manufacturers have distributing paints in various pans of the country, shipment is expected from fe nmrest distribution point to destination, and excess freight will be deducted fmm Invoice when shipment, are dude from greater disame. Permits. Seller shall procure at sellers sale cost all necessary permits, arifcates and licenaca required by all applicable laws, regulatlom, ordinances and tales ofthe sate, muniandiry, territory or Political subdivision where the work is performed, or national by any other duly constimmd public authority having jurisdiction over lye work of vend., Sella further agues m Icld the City of For Collins hamtkss from and against all liability and loss incurred rea by them by son of em mounted or established violation of my such laws, regulations, ordinances. tales and rremorments. Audamention. All parrot, to this contract ogre that the rryreunatives art, in fact, harm fide and possess full and complete authority to bird said parties. LIMITATION OF TERMS. This Purchue Order expressly limits acceptance to the arms and conditions stated berein set finch and any supplementary or additional non and com itions annexed hereto m incoryom¢d herein by re@rmn. Any additional or different moan and conditions proposed by seller are objected to and hereby injected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment a arty, on your promised delivery date as acted. Time is oflye essence. Delivery and performance most be effected within the time sated on the purchase order and the docannou matched hence. No acts of the Purchasers including, without limitation, acepasom oformid late delivenes, shall operate as a waiver of this provision. In the event army delay, the Purchaser shall have, in addition to other legal and esptioble readies, the option of placing this order elsewhere and holding the Sella liable for damages. I lowaer, the Seller shall not be liable for damages as a result of delays due to causes not reasonably fares eekic which am be and its maestri coolant and without its fault of negligence, such acts of God, as ofcivil a military authorities. governmental ximinin. fans, staikes, Road, epidemics, wars or nos provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when me Sella firs, reserved knowledge thereof. In fe event of my such delay, the data of delivery shall be extended for the period equal to the time actudly lost by mason off¢ delay. 3. WARRANTY. The Seller wamana Nat all goad, articles, mamn.ls and work coward by this oiler will conform with applicable dawings, specifications, samples mdtor other description given, will be Et for he purposes intended, and performed with the highest degree of care and competitive in accordance with accepted standard for wait of a similar nature. The Sena agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer m incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaua any defects or faults arising within one (I) year or within such longer Food of time as may be prescribed by law or by the terms of my applicable warranty provided by the Seller after fie date of acceptance of due goods Enmeshed hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or amends famished by the Seller. Acceptance or use of goods by the Purchaser shall not institute a waiver of any claim under this warranty. Except in 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 lass 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 orda. 5. CHANGES IN COMMERCIAL TERMS. The Purehner may make any changes to the temp, utter than legal mans, including ndditions to or deletiuna from the quantities originally ordered in the specificutiom Or drawings, by verbal or written change seder. 11' any such change affects the amount due or the time ofperfumonee hereunder, fin equimble adjustment shall be node. 6. TERMINATIONS. The Purchaser may at any time by written change order, mountain, this agreement as to any or all Portions of the gads than not shipped, subject to any equitable adjustmrnt between the panics as to any work or materials then in progress provided that the Purchase, shall net be liable for any claims for anticipated pants on the uncompleted portion of the goods andtor work, for incidental or conventionalist damages, and 'hat no such adjustment be made in favor of fie Seller cif respect to any good which me the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any oftheir obligations as to any good delivered hereunder. 3. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from fie date the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Seller waramths that all goods sold hereunder shall have been pfi dined, sold, delivered and furnished in strict compliance with all applimble laws and reolatims to which the goods are subject. The Seller shall execute am deliver such documents in may be required to effect or evidence compliance. All laws and regulations respond to be ncmpoa'ed in agreements of this character are hereby incorporated herein by this reference. The Sella agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by Ne Purchmer as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the ,nor written Outm nt Ofthe odder parry. 10. TITLE. The Seller warrants full, clear and unrestricted she as the Ptrchnsa fur all equipment, materials, anal items banished An suf. of this ".a., have and clear of any and all liens, restchmon. reservations, mainly imera, encumbrances and claims of other. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser diaeas the Seller to comul .neoufor rum, or defective goods by a doe to be agreat upon by the Purchaser ad the Seller, and fie Seller Nereaner indicates its inability or unxillwgaess an comply, the Purchases may cause Bar work in be Performed by lye most expeditious means available m it, and the Sella shall pay all costs wasomatd with such work. The Seller shall release the Purchaser ad its contractors of any on from all liability and claims of my ratan malting fmm the performance ofsuch work. This .1. shall apply even in he even of fault of rcgligmce of the parry relrased and shall extend to lye directors, officers sal employees ofsuch party. The Sellers emrm aced obligations, including w-uanty, shall Out be clausal to be reduced, in any way, because such work is performed m wood to be paf al by the Purchaser. 14. PATENTS. Whenever the Sella u rryuind t. use any design, device, martial a process award by lamer, ,an, trademark or copyright the Sella shall indemnify and save harmless the Purchases tram any and all claims for fiddingannar by rwmn of the use of such pitented design, device, material or process in cameclion with the moans cl, road shall indemnify the Purchaser for any am, expense or damage which it may be obliged,. pay by reason of such infringement at my time during the pmsaution or after the completion of the work. In case said aluipmenl, or any per'hcnof or the intended use of the goods, is in such suit held to consdone infringement and the use of said equipment or pan as enjoined, the Sella atoll, at its awn expefse and as in opdnq either procure for the Purchaser due fight to eommue using said ryuipment or pans, replan the scene with substantially ca l but noninfnagm,equipment, or modify it so it becomes noniNnnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of auditors, appoint a receiver or trustee for any of the Sellers property Or business, Nis coda may fochwith b r canceled by the Purchaser wifou' liability, 16. GOVERNING LAW. The definitions offiama usd or the interpretation ofthe agreement and the rights of all parties hereunder shall be connected under and governed by the laws of the State of Colorado, USA. The following Addrional Conditions apply only in cases where the Sella is to perform work hereunder, including the services of Sellers Representative n), on fe premises of others. 19. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Sellers own risk until the same is fully completed and Occupied, and shall, in u of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Punhasa. When muenms and equipment are fmishd by offers for Whillation or erection by me Seller, the Seller shall receive, unload, stare and handle tame at the site and become responsible therefor as though such mammals andlor animator %me being famished by the Seller under the Oder. 18. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational disease berths, to its employees employed on or in connection with the weak covered by Nis purchase coda, enNor to their dependents in accordance with the laws of the sate in which the work is to be done. The Seller shall also carry camPrchensive General liability including, but not limited to, mn'ractual and automobile public liability insurance with Gaily injury and death limits of at Ienst $300,00o for my ant person, S500,000 for any contrecdent and property damage limit For accident of $400,000. The Seller shall likewise require his actors, if any, to provide for such compassion and announce. Before my of the Sellers or his coartaaors employees shall do any work upon the premises of others, the Seller shall (finish fe Purchaser with a certificate that such compensation and insurance have been provided Such certificates shall specify fie dote when such compensation and insurance have been provided. Such certNcams shall specify the dale when inch compensation and insurance expires, The Seller agrees that such compensation and Insurance mall be maintained until after the entire weak is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes 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 execution of the work provided for in this puu;hau order or in connection hemwith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers oRc ns, agents and employees fmm and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whefa to persons or property to which the Pumhamer may he put or subject by reason Of any act, action, neglect, omission or default on me pan of the Seller, any of his confusion, or any of the Sellers or contractors officers, agents or employees. to eme my suit or other proceedings shall be bough, against the Purchaser, or is officers, agents or employees at my now on account or by reamn of any act, action, neglec,, omission or default of the Sella of any of his contractors or my of its or their officers, agent or employees as aforesaid, the Sella hereby agrees f assume the defense timand and to defend the same at Ne Sellers own expense, as pay any and all costs, charges, attorneys fees and other expenses, my and all judgments that may be incurred by or obainM almost the Pumhaser or any of its or their officers, agents or employes in such suits or other proceedings, and in mu judgment or usher Lim be placed upon or obtained against me property of the Puref ous, or said ponies in or as a result of such suits or other prm ed ings, the Sella will at once cause the some to be dissolved and diuhargd by giving bond or ofcavow. The Sella and his coomcmrs shall take all safety precautions, famish and install all gtwd naaaary, far the preveoiw of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety aud Health AV of 1970 and all tales and regulations issued pursuant fordo. Revisal 03R010