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HomeMy WebLinkAbout182515 AMERICAN PUBLIC TRANSPORTATION ASSN - PURCHASE ORDER - 9144570Fort Collins Date: 08/11/2014 PURCHASE ORDER PO Number Page 9144570 1 of 2 This number must appear on all invoices, packing sli s and labels. Vendor: 182515 Ship To: TRANSFORT BUS FACILITY AMERICAN PUBLIC TRANSPORTATION ASSN CITY OF FORT COLLINS 1666 K STREET NW SUITE 1100 6570 FORTNER ROAD WASHINGTON DC 20006 CITY OF FORT COLLINS CO 8052 Delivery Date: 08/11/2014 Buyer: WILSON, JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2014 APTA Conference 1 LOT LS 8,000.00 Local Funds Only, Inv AM140003 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.mm Total $8,000.00 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 Conditions Page 2 of 2 I. COMMERCIALDEI'ABS. Tax exemptions. By smmm the City of Fan Collins is exempt Earn state and local rasa. Our Exemption Number is 98,04502. Federal Excise Tax Exemption Cmificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado Greg Colorado Recited 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 removed to you for credit and are not to be replaced except upon receipt of main instructions man the City of Fon Collins. Inspection. GOODS are subject to the City of pod Collins i ugsdiun on wheal. Final Acceptance. Receipt of the merchandise, x or equipment in response to this order result in authored) payment on the part of the City of Foe a Collins. However, it is to be understood thatFINAL ACCEPTANCE is dependent upon completion of All applicable required inspection procedures. Freight Tema. Shipments mod W F.O.H. City of Fort Collins, ID0 Woad Su, Fort Collins, CO 80522, unless oducheive specified on this order Ifpermisslon is given to prepay freight and charge separately, the original freight bill most accomoanv invoice. Additimal choul for cocking will not be accented. Shipment Distance. 0.here marofindirds have distributing Points in cautious parts of the country, shipment is expected from the nearest dlstribe ion point to destiwtion, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulutiens, Purnmad; mod rules at the state, municipality, territory or political subdivision where the work is performed, or required by any other dory constituted public authority bavingjurisdiction her the work of vendor. Seller further agrees to hold the City of Rod Collins h vo less from And against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulatimu, ordinances, roles and requirements. Authentication. All ponies to this contract agree that the repretentatives are, in fact, bow fide and possess full and complete Authority to bind said panic. LIMITATION OF TERMS. This Purchase Order expressly limits adep. to the on. end conditions sated herein set forth and any supplementary or edditioml terms and anditiorrs amexed and. aft incorporated herein by reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejeded. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to drive on your prnniced delivery date as road. Timer is of the essence. DOivery and pert ura ob imn be effected within the time stated me the purchase order and the docwnent Attached hereto. No acts of the Purchasers including, without limitaion, accepm ire of partial late deliveries, shall operate as a waiver of this provision. In the event crony 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 for damages. However, the Seller shall not be liable for damages As A remlt of delays due to causes not reasonably foreseeable which are beyond its reasonable around and without its fault of negligence, such ace of God, arts aided or military authorities, govereanental priorities, fires, strikes, good epidemics, wars or riots provided Out notice of the conditions causing such delay is given to the Purchaser within five (5) days of the tins, when the Seller First received knowledge thereof. In the even, of my such delay, the date of delivery shall be extended for the period agerl of the time actually but by rectum cards, delay. 3. WARRANTY. The Seller warrants that all good, anicles, 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 pert rmed 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 from my loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of w...Aty. The Seller shall replace, repair or make good, willuen cost to the purchn,w, any defce, ter faults arising within one (1) year or within such longer Period of time as may be prescribed by law or by the a. of any applicable warrant, provided by the Seller one, the date of Acceptance of the goods fumisheJ hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or nateria s fumished by the Seller. Acceptance or use of goads by the Purchaser shall and institute a waiver of my claim under this warranty. Except As otherwise provided in this purchase order, the Sellers liability hereunder shall extend to All damages proximamly aused by the breach of any of the foregoing warantia or guarantees, but such liability shall in no event include lass of profit or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY, 4. CHANGES IN LEGAL TERMS. The Purchaer may make change to legal teat by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the temvs, other than legal comes, including additions to or deletions form fie gaa nnies originally ordered in he specificmions or drawings, by verbal or written change order. If any such change affects the amount due or the time of perfrmaeoe heeundd, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to Any aft all portionsof the goods fen not shipped, subject to my equal Adjustment between the parties as to any work or materialshim in progress provided that he Pardoner snail not b, liable for any claims for anticipated profits on the commanded portion of the good and/or work, for incidental or cone quenual damages, and that no such adjustment be made in favor of the Seller with respect to my good which Arc he Sellers smndvd stock. No such termination shall relieve fie Purchaser or the Seller army of their obligations in to my goods delivered had ander. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be Asserted within thirty (30) days from the date the change or termination 6 ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have Earn produced, said. delivered and famished in smcl umpliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and deliver such documents As may be required In effect or evidence compliance. All laws and regulations required to be incuryomtad in agreements of this character art hereby incorporated herein by this reference. The Seller agrees ro indemnify and hold fie Purchaser h err das from all costs and damages suffered by the Purchaser As a result of he Sellers failure to comply with such law. 9. ASSIGNMENT. Neither Parry shall assign, trawler, or convey this order, or any mordes due or to become due hereunder wihom the prior walnen consent offe other party, 10. TITLE. The Seller warrant bill, clew and unrestricted title to the Purchaser for all equipment, natedals, and items fumisheJ in performance of this Agreement, free And clear of any and ell liens, rattictiam, raervmions, security interest encumbrances And claims ofothers. I I. NONWAIVER. Failure of the Purchaser I. insist upon mid perf rifir. of the at. and conditions hereof failure or delay to exercise any rights or remedies provided herein or by law, failum to promptly notify the Seller in the event of a breach, the acceptance of or payment far goods hereunder or approval of the design, shall not release the Seller of my of the warranties or obligations of this purehuse order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereofor any PIPS rights or remedies As to any such goods, regardless of when shipped, received or accepted, a to any prior or subsequent default Emerald, nor shall any puTorted Pot l modfy ion of rescission of this purchase order by the Purchaser operate as a waiver (if any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize ten in actual economic practice, overcharges resulting from amitmst violations am in fact home by he Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby Assigns to Ore Purchaser any and all claims it may now have or hereafter acquired miler federal or sate awwwr laws for such overcharges relating to the Forme ta, good or ad ices purcliaud or acquired by fie Purchaser purswnt to this pmchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser direct the Seller to comet nonconforming or defective good by a date to be agreed upon by the Purchaser and the Seller, and the Seller fluddi er indicates its inability or unwillingness m comply, the Purchaser may cause he work to be performed by the most expedilious area- available I. it, and the Seller stall pay all costs associmed with such work. The Seller shall release the Purchaser and it contnders of any tier from all liability and claims of any nntme resulting from the performance ofswch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees of such party. The St contractual obligations, including company, any, shall not he deemed to be reduced, in any way, because such work is Performed or caused to be perf N by the Pumices, 14, PATENTS. Whenaar the Seller as required m use any design, device, material m process avered by Icner, patent, traJearwk or copyright, the Seller shall indemnify and save harmless the Purchaser fmm any and all claims fir infringement by reason of the use of such pmented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement At any time during the prosecution or one,the completion of the walk. In case said equipment, aft any pan lhereaf ter the amended use of the gaud, is in such wit held in condima infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own 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 noninMnging equipment, or modify it an it becomes noninfringing. 15. INSOLVENCY. If he Seiler shall become Preserve., m baskmp,, make An asignmem fir the benefit of creditors, appoint A or rrus¢e fir my of the Sellers property or business, this order may finhwlh he aredN by the Purchaer without liability. 16. GOVERNING LAW. The definitions ofterms weal or the interpretation ofthe agreement and fie rights of all parties hereunder shall be construed under and gavemed by %e laws of he Scale ofColdnall USA. The following Additional Conditions apply only in bases where the Seller is to perform walk hereundo, including the services of Sellers Represenmtivc(s), no the premises of.hadi 17. SELLERS RESPONSIBILITY. The Seller shall carryon said ..,it at Sellers awn risk one the same is fully completed and accepted, end shall, in x of my accident, didear on or injury to the work and/or materials before Sellers final completion and acd,fimce, complete the work at Sellefs own expense and to the satisfactions of the Purchaser. When materials and equipment am fum6hed by others for insallaion or erection by the Seller, the Seller shall receive, unload, smr t and handle same at the sue And become no onsible therefor a though such mwmks and/or equipment were being famished by fie Seller order do, alder. — IS. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefit, to its employees employed on or in connection with the work covered by his purchase order, andor to their dependents in accordance with the laws of he sate in which the work is to be done. The Seller shall also tarty comprehensive general liability including, but not limited to, ornamental and automobile public lubda, insunmce with bodily injury end death limier of m two, 9ii.b. fir any one person, S500,0n0 for any one accident and pmpeny damage limit per accident of $400,000. The Seller shall likewise require his contractors. if any, to provide for such compmsaurn and insurance. Before any of the Sellers or his comretom employees shall do my work upon he premises of ethers, the Seller shall famish the Purchaser with A cenUcute that 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 aid insurance shall be maintained until aRer the entire work is completed war accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller Amery ass roes the entire responsibility war liability for any and all damage, lass or injury ofany kind AT wrote whatsoever to pesow or property caused by w resulting man the execution oDi a work provided for in his purchase order or in connection herewith. The Seller will indemnity and hold harmless the Purchaser and my er all of the Purchases Affects, Agents and employees from and against any and all claims, lossa, damages, hargea in expenses. whether direct in indirect, And whether m persons o, property to which the Purchaser may Fee put or subject by reason of any azt, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case nay suit or whet proceedings shall be brought against the Purchaser, or its officers, agents or employees At any time ten Account or by reason of any act, action, neglect, omission or default of the Seiler of any of his contractors in, any of its or their o0icers. agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the come at the Sellers Poor expense, m pay any And all sets, charges, anamcys fees and other exposes, my and all judgments that may be incurred by or obtained against the Purchaer or Any of its or their officers, Agents or employees in such waits or ofe, proceedings, ark in case judgment Pr other lien be placed upon Pr obtained against he property ofth, Purchaer, or said parties in o, a A result of such suits mother proceedings, fie Seller will at once cause the same to be dissolved and dkscharged by giving bond or oferwise. The Seller and his contactors shall take all safety praeautions. Finnish and install all guards uttessary for the prevention of Accidents, comply with all laws and regulations wif regard to safry including. but without limitation, the Occupational Safety and Health Act of 1990 and all fula and regulations issued prommt hereto. Revised 07/S014