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HomeMy WebLinkAbout532500 TOOLE DESIGN GROUP LLC - PURCHASE ORDER - 9136821Fort Collins PURCHASE ORDER PO Number Page 9136821 1of3 This number must appear on all invoices, packing sli s and labels. Date: 06/04/2014 Vendor: 532500 Ship To: TRANSPORTATION PLANNING & TOOLE DESIGN GROUP LLC 281 NORTH COLLEGE 8484 GEORGIA AVE SUITE 800 FORT COLLLINS CO 80524 SILVER SPRING MD 20910 Delivery Date: 12/20/2013 Buyer: ED BONNETTE Note: PER 7559 BICYCLE PLAN UPDATE AWARD & CONTRACT TO TOOLE DESIGN GROUP. Line Description Quantity Ordered UOM Unit Price Extended Price 4 BOB Bike Plan 1.LOT EA 21,339.46 Account # change per S. O'Brien email dated 6/2/14. -ECB 5 BOB Bike Plan 1 LOT EA 25,000.00 Account # change per S. O'Brien email dated 6/2/14. -ECB 6 Addendum to PO #9136821 1 LOT EA 17,795.80 Change Order #1 KCFG (Req 47451) 7 Change Order#1 1 LOT EA 20,697.50 CMAQ portion (Req 47451) a Change Order #1 1 LOT EA 4,302.50 CMAQ local match portion 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PONumberPage CI�/ of PURCHASE 36821 2 of 3 Flirt Collins( his number must appear !-\V`I ` V 1 1 on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price (Req 47451) 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 I. COMMERCIALDETAIIS. Tax exemptions. By smtme the City effort Collins n exempt fat state and Ia rI taxes. Our Exemption Number is 98-04505. Federal Excise Tax Exemption Cenifcare of Registry 84-6000587 is registerd with the Collector of Imemal Revenue, Deaver, Colorado (Ref. Coloado Revised Statutes 1973, Chapter 39-26, 114 (a). Gold Rejected GOODS REJECTED due to failure m meet specifications, either when shipped or due to defects of damage in amount, may be retumd to you for credit and are not to b, replaced except upon receipt of variant corrections from th City of Fan Collins. Inspection. GOODS ate subject to the City of Fan Collins inspection on active]. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order ran result in authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPT ANCE is dependem upon completion craft applicable requird inspection procedures. Freight Teats. Shipments must be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless otherwise spaifcd on this order. If permission is given to prepay freight and charge sepamtly, the original freight bill must accompany invoice Additional charges rut packing will not be accepted. Shipment Instmce. Where n nufanurers have distributing points in nut pars Is of the country, shround is espamd from the na.ms, ador laden point to destination, and excess freight will be deducted from Invoice when shts ipmenum mule Ikon gmma Aistanec Permits. Seller shall procom of sellers sale cast all necessary pevnin, crnificaas and hernscs ngnired by all applicable laws, regulations, ordinances and roles ofthe state, municipality, territory or political subdivision where he work is per tied, or required by any .,her duly constimld public stallion, havingjurisdinion over the work of cannot, Seller father agrees to hold the City of Fort Collins harmless man and against all liability and loss incurred by them by remain of an msend cd ar estiblid violation of any such laws, regulations, ordinances, rules and requitrment,. Authorization. All panic In this contras agree that the representatives are, in Ihm, bona fide and pusss full and complete authody to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set north mad any supplementary or additional is. and conditions annexed hereto or inc.rynated herein by effluence. Any additional or different room and conditions proposed by seller art objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENTimmediately By.. ..at make complete shipment m arrive on your promised delivery dam as m,ed. Time is of to essence. Delivery and Performance most be effected within the rime stated on ,he purchase order and the documens attached herein. No acts of ,he Purchasers incluJing, with.., limitation, rarePmnce official lam deliveries, shall operate as a waiver of this prevision. Into event crony delay. the Purchaser shall have, in addition to office legal ahW equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not rmsorably foreseeable which am beyond its mamtmble control and without its fault of negligence, such acts ofGod, acts efrivil or military authorities, goommental priorities, lives. strike%❑aW, epidemics, wan or rims provided that notice of the conditions causing such delay is given to the Purchaser within live (5) days of the time when the Seller first received knowledge therve f. In the event of any such delay, the data of delivery shall be extended for the period equal to the time actually lost by reamn ofthe delay. 3. WARRAATY. The Seller woman,, that all goods, articles, materials and work covered by his order will conform wit applicable drawings, wecinrnions, sample, andor other descriptions given, will be fit for the purposes intended, and Performed with the highest degree of care and competence in accordance with accepted standard for work of a tnilar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expene which ,he Purchaser may stiffer ar incur on account of the Sellers breach criminally. The Seller shall replace, repair or make gnW, without cost to the purchase, any defects or faults arising within one (I) year or within such longer period of time in may be prescribed by law or by the terms of any applicable warranty provided by the Seller offer the date of acceptance of the goods fumishd hereunder (comprmce not to be.nreasomably delayed), resulting fat imperfect or defective work done or moerals fumishd by the Seller. Acceptance or use of goods by the Purchaser shall not orstimte a waiver of any claim under this warranty. Except as otherwise provided in this purchase older, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing waauntles or gu rrommes, but such hold ly shall in no event include his of prefix or loss of use. NO IMPLIED WARRANFY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. The Purchaser Only make changes a legal or. by wnuea change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other dean legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or wrinen change order. If any such change affects the amount due or the lime of a rmemantt hereunder, m equitable adjustment shall her made. 6. TERMINATIONS. The Purchaser may at any time by written change ode, terminate this agreement as to any or all policies of the goods then not shippal, subject to any equitable nalmor art between the panics as to any work or materials then in progress provided that he Purelover shall not be liable for any claims for anticipated pri its on the unconmleted potion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of We Seller with respect to any ... its which are the Sellers standard stuck. No such to inntion shall slice. the Purcllaser or the Seller of any of their obligation as to my goods delivered hereunder. ]. CLAIMS I'OR ADl [IS] MENT'. Any claim I., adjustment is be mserred within thirty (30) days fmm the date the change .r termination is ordered. S. COMPLIANCE W Il'H LAW. The Seller wamin that all ..lads sold hereunder shall have been produced, slid, delivered and furnished in small compliance with all applicable I.— unit regulations ro which the good are subject The Seller shall rxeam and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be ncorpoamd in agreements of this character or hereby untar a ed herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Pumhoser as a result of the Sellers Indian ro comply with such law. 9. ASSIGNMENT. Neither putty shall assign, woofer, or convey this order, or my monies due or to become due hereunder without the prior writes cornea, offfe offer Party, 10. TITLE. The Sella wahrmis full, clear and unmarried title to the Purchases for all equipment, materials, and items fumishd in performance of this agreement, fat and clear of any and all liens, marrictions, reservations, security interest encumbrances and claims of othrus. 11. NONWANER. Failure of the Problem, 1. an., upon stun perfomance of the moms and conclusion hereof, failure or delay to any higher 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 office design, shift] rat release the Seller of any of the wartanties or obligations of this purchase order and shall hot Ix deemM a waiver of any right of the purchaser to insist upon soon performance hereofor any of its rights or remedies az to my such goods, regardless of when shipped, received or accepted, as to my prior or subsequent default hi ewdet, nor shall any puryacted cal aodiucation or rescission of this purchase order by the Purchasar operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Pochascr recognize that in actual ec m mwn is practice, overcharges reading froo violations are in fact blame by the Purchaser. Theretofore, for good cause and in consideration for executing his purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal .t shoe mown laws for such overcharges relating 10 the yanicular good or sendces purchased or acquired by the Purchaser pursuant o this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser direr,, the Seller to correct movinf arming ar defective goods by a data to be named upon by the Purchaser and the Seller, and the Seller thereafter indicates ifs inability or now illingnes to comply. me Purchaser may cause the work to be performed by the most expedhious terms available to it, and the Seller shall pay all casts associated with such work. The Seller shall release the Purchaser and its wntmtlnrs of any rim, Bunt all liability end claims of any ..tare resulting from the perPormaore ofsuch work. This release shall apply even in the occur of fault of negligent of the any released nnd shall extend to the directors, officers and employee, of such parry. The Sellers contachad obligations, including money, shall not he deemed to be ramod, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Mo.,,, the Seller is required or use any design, device, ..led.] or process covered by Inner, promo trademark ar copyright the Seller shall nationality and save be wins he Purchaser floor any and all claims for infringement by arson of the me of such patenred design, devive, rachiml as process in comecom with the contract And shall indemnify the Purchaser for any cost, expense or damage which if any h obliged to Pay by mason 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 are of the gods, is in such still held to constitute infrnge clam and the use of said equipment or pan is enjoined, he Seller shall, at its own experx and at its option, either procure for he Pumham the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninGnging. 15. INSOLVENCY. If the Seller shall become insolvent he bankrupt make nn assignment for the belief, of creditors, appoint a receiver or tmsme for any of life Sellers progeny or business, this order may forthwith be canceled by he Pu chaser without liability. 16. GOVERNING LAW. The definitions of terms tad or the interpremion of the agreement and the rights of all parries hereunder shall be c ichand made, and merrocd by the laws chine Stem ofC.lomdo, USA. The following Additional Conditions apply only in cases where the Seller is in perform work hereunder, including the services of Sellers Represemative(s), oa the pmm coo ad others. V. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until 'be same is fully completed and accepted, and shall, to ac of any avoided, destruction or injury to the work andor materials before Sellres final completion and acceptance, complete the wok at Sellers awn expense and to the satisfaction of the Purchaser. When materials and equipment are f ishd by others for installation or erection by file Sella, he Seller shall receive, unload, mare and handle same at the site and become responsible thrmer as though such materials mad/or equipment were being famished by the Seller under he order. 18. INSURANCE. The Seller shall, or his own rxpnse, p.side for the payment of wv ]son compensation, including ..,,a.[ disease benefits, to its employees employed on or in connection with the work covered by his purchase order, and/or to their dependents in accordance with the laws of the store in which the work is to be, done. The Seller shall also carry mmprehemive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least 5300,000 for any one persov, S500j" for any one accident and property damage limit per accidnn of 5400,00d. The Sella shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of ahers, the Seller shall famish the Purchaser with a reallocate tat such compression and insurance have been provided. Such eenificares shall specify file 6 m when such compensation and insurance have been provided. Such cenifimes shall specify the do,, when such compensation and ii-i ance expires. The Seller agrees that suet, compensation i,ad insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes he entire respansibil ity and litindiy far any and all damage. lass or injury of any kind concern wh n-ir, a, to persons or property caused by or resulting ]team the creation office work provided for in this purchase order or in connection herewith. The Seller will indemnify and lold harmless the Purchaser and any or all of the Purchasers officers, agents and employeess from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect and wbaflin to Persons or pmpany to which the Purchaser may be put or subject by reason of any act, actin, neglect omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or emaactors oficers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or is OOicers, agents or employees ar any time on account or by reason of my act, action, neglect omission or default of the Seller of any of his contractors or any of its or their omcers, agents or employees as aforesaid, the Sella hereby agrees to assume the defense thartef and to defend the same at the Sellers own expense, to pay any and all costs, charges, anomeys fees and later expeues, my and all judgmmm tat may be incurred by or obtained agaimh the Purchaser or my of its or their officers, agents or employees h such suits or other proceedings, and in cove judgment or other lien the, placed upon or obtained against he proPeny of the Purchaser, or said ponies in a as a result armlet wits or other procedbags, ffe Sella will at once cause no same to he dissolved and disehargd by giving head or offeruise. The Sella and his convenors shall take all safety preemtimas, famish and install all guard necessary for he prevention of accidents, amply with all laws and regulations with regard to safety including, but without fomation, he Occupo egal Safety and Health Act of 1970 and all mhes and regWations issued Pon., hem.. Rcviud 03,2010