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HomeMy WebLinkAbout532500 TOOLE DESIGN GROUP LLC - PURCHASE ORDER - 9136821 (2)Fort Collins Date: 08/28/2014 Vendor: 532500 TOOLE DESIGN GROUP LLC 8484 GEORGIA AVE SUITE 800 SILVER SPRING MD 20910 PURCHASE ORDER PO Number Page 9136821 1013 This number must appear on all invoices, packing sli s and labels. Ship To: TRANSPORTATION PLANNING & 281 NORTH COLLEGE FORT COLLLINS CO 80524 Delivery Date: 12/2012013 Buver: ED BONNETTE Note: PER 7559 BICYCLE PLAN UPDATE AWARD & CONTRACT TO TOOLE DESIGN GROUP. Line Description Quantity UOM Unit Price Extended Ordered Price s Change quantities 1 LOT EA -3,114.05 From: Sandy O'Brien Sent: Thursday, August 14, 2014 12:18 PMTo: John StephenSubject: Adjust Purchase Order#9136821 Toole Design Well, this is ugly but the only way we can make this work I think. We will have enough eligible grant expenses in the upcoming invoices to use the CMAQ funds that are part of this Purchase Order but because I had to JE expenses, in order to get the money right on the PO, if you could make the following adjustments on PO #9136821 to Toole Design Group. Reduce: 400903800.521210.3 ($3,114.05) Add to: 292901501.521210 2006 W $2,578.12 Add to: 254901501.521210 2006 W $ 535.93 $3,114.05 Let me know if you have any questions on this. io Change quantities 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.00m 1 LOT EA 2,578.12 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 130 PURCHASE ORDER 9136821 Page C117f of PURCHASE 9136821 2 of s Flirt Chis number must packing //_',��—J`-' Collins�7 on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 11 Change quantities 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 EA 535.93 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 3 of 3 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt drum suite and local macs. Our Exemption Number is 98 04502. Federal Excise Tax Exemption Cenilicate of Regiary 84-6000587 is regiatered with the Callecmr of Internal Revenue, Ilene, Colorado (Rd. Colorado Revised Samtca 1973. Chun,,, 39-26. 114Is). Goods Rejected, GOODS REJECTED due to failure to meet spurt ficmious, either when shipped or due to defects of damage in tmmit, may be, rearmed to you for credit and are tut m be replaced except upon receipt of written inmu .. from the City of Fon Collins. Inspection. GOODS are subject m the City affect Collins inspection 0. amval. Final Acceptance. Receipt of the merchandise, serve. ru equipment in response m this order can result in authorized .payment on the pan of the City of Pon Collins However, it is m be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments most be F.O.D., City of Fon Citius, ]W Wood St., Fon Collins, CO 80522, unless otherwise specified on this offer. If permission is given to prepay freight and charge spammly, the original freight bill must accompany invoice. Additional charges for packing will not he occepaal. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected fmm the nearest distribution paint to destination, and excess (might will be deducted from Invoice when shipments are made from greater distance. Pm nits. Seller shall procure al sellers sole cast all necessary permits, certificates and licenses requited by all applicable laws, regulations, ordinances and mlo of the state, municipality, terimry or political subdivision where the work is perfons e . or required by any offer duly constituted public madmir ry lamingjutiss iction over the work of vendor. Seller further agrees to hold the City of Fill Collins harmless fmm all against all liability and loss incurred by them by reaon of an asserted or established violation of any such laws, regulations, ordinances, mlcs and rryuirements. 11. NON WAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, boilers, in promptly notify the Seller in the evem sofa breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the warranties or obligations of this pncham order and shall not b, decimal a waiver of my right of the purchaser m insist upon stria performance hereof or any of its rights or remalies as to any such goods, regardless of when shipped, received or accepted, as to any poor or subryaent default hereunder, nor shall any imported am[ modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact home by the Purchaser. Theremfore for good cause and as consideration for esecuring this purchase order, are Seller hereby assigns to are Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overebarges relating to the paw icular goods or services purchased m acquired by the Purchaser Proof to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifrhe Purchaser directs the Seller to correct nonconforming or defective gods by a done to be agreal upon by the Purchaser and the Seller, and the Seller ahereafer indicates its inability or unwillingness to comply, the Purchaser may cause the work to be perfmued by the most cxpediaioas means available to it, and fie Set let shall pay all costs associated with such work. The Seller shall release the Purchaser all its contractors of any tier from all liability and claims of any nature reading film the performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, oRcers and employees of such patty. Authorization. All parties to this commit agree That the representatives are, in fan, bona fide and possess fell and The Seller's ontmctual obligations, including wammty, shall not be deemed in be redurisL in any way, because complete authority to bind said panicssuch work is performed or caused to be performed by the Purchase. LIMITATION OF TE. RMS. This Purchase Order expressly limits acceptance m the tents and conditions stated herein set Earth and any supplementary or additional tells and conditions annexed hereon or incorporated herein by reference. Any additional or different terms and candidates proposal by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your Promised delivery date as muted. Time is of the essence. Delivery and performance must be effected wihm the time stated sm the purchase order and the documents attached herein. No acts of the Prooducem inhaling without limitation, acceptance of partial late deliveries, shall o,,a. as a waiver of this porAdmi. In the event of airy 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 b, liable for damages as a result of delays doe to causes not reassembly foreseeable which art beyond its reasonable control and without its fault of negligence, such acts of God, act of civil or military authorities, governmental pounds , Gres, suds, flood, epidemics, wars or coots provided that notice of the conditions causing such delay is given to the Purchaser within fee (5) days of the time when the Seller fill received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that .11 pods, articles, 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 performed with the highest degree of care and competence in accordance with accepted staMids for we& of a stand. comae. The Seller agrees to hold the purchaser harmless form any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach ofsearanry. The Seller shall replace, repair or make goad, without cost to the purchaser, any defects or faults avoiding within one (U year or within such longer period of time as may be prescribed by law or by the terms ofany applicable warranty provided by the Silly an,, the dam of acceptance of the goods furnished hereunder (acceptance rat to be unreasonably delayed), resulting from imperfect or defective work done or materials blushed by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warmly. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages praximaely caused by the breach of any of the foregoing warranties or guarantres, but such liability shall in no went include toss of Fluffs or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. C CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal mrrm by "am change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal minas, including additions to or deletions from the quantities miginally ordered in the specifications or drawings, by verbal m written change order. If any such change officers the amount due or the time of performers, heretuder, an equitable ad mt.t shall be made. 6. TERMINATIONS. The PumM1mar may to any time by woven change order, aemtinme this agreement as to any or all potions of the goads then not shipped, subject to any equitable adjustment between the ponies as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims far amicipned prvfna on the uncomplemd portion of the gobs isobar work, for incidental or cause .... its] damages, and that no such adjustment be made in favor of the Sel let with respect m any gods which are the Sellers standard stack. No such termination shall relieve the Purhaser, or the Seller of any of their obligations as to any goods delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for aajusam,ns most b, asserted within thins (30) days fmm the date the change or bermination is ordered. I. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable law, and replace- m which the .units am subject The Sdkr, shall execnm and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to he 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 frilum to comply with such law. 9.ASSIGNMENT. Neither party shall assign, trmsfer, or convey this order, or any monies due or to become due hereunder without the prior wriren consent ofthe other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, makrials, and items famished in perficartionce of this ageeareo, fee and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofothcrs. 14. PATENTS. Whenever the Seller is required to use any design, device, rammed or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save hmmdesss the Purchaser from any and all claims for infringement by reason of the sex of such pomnmd design, device, material or process in commeton with the comma, and shall indemnity the Prolowar for any cost expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion of the work. In case, said equipment, or any part thereof or the intended use of the goods, is in such suit held an constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to cominue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes nonif fringing. is. INSOLVENCY. If the Seller shall became insolvent or beAmspt. make an suigm ant for the bereft of creditors, appoint a oraciesT or trasnee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The defniu as of terms used .,,he inammetarion of the agreement and the rights of all parties hereunder shall be cautioned under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in exies where the Seller is to per( work MrtuMer, including the services of Sellers Repremamtive(s), on the premises ofothers. Il. SELLERS RESPONSIBILITY. The Seller shall wry on said work at Seller's own risk until the same is fully completed and accepted, and shall, to se of any accident, desmtaion or t Jury to the work ardor materials before Seller's final completion and acceptance, complete the work or Seller's own expense and to the natisfactlon of the Purchaser. When mntarials and equipment are frroahed by others for installation or erection by the Seller, the Seller shall receive, unload, wore and handle same at the site and became responsible therefor as though such mmeriaN ardor egat,. were being furnished by the Seller order, the order. 18. INSURANCE. The Seller shall, of his own expense, provide for the payment of workers compensation, including occupational dismse benefits, to its employees employed on or in connection wish 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 carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of of least S300,000 for any no, person, S500,000 far any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such ompemation and insurance. Before any of the Sellers or his conam<mrs employees shall do any work upon she premises of others, the Seller shall furnish the Purchazer wish at ttnificme drat such compensation and insurance have been provided. Such ttrtifcam, shall specify the die when such compensation and imumnce have been provided. Such ccrtificam shall specify the date when such compensation and insurance expires. The Seller agrees Nor such compensation and insurance shall be maintained until a Per the entire work is eomplmed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility aM liability for any and all damage, lass or injury many kind r nature whosoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Franchiser and any r all of the Purchasers re leers, agents and employees from cad against any and all claims, losses. dosages, charges or expenses, whether direct or indirxt and whether to persons or property to which the Purchaser may be put or subject by nexam of any act action, ncgl¢t omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or commmors officers, agents or employees. In case any suit or other pro ceding, shall be brought apar, the Purchaser, or its Ile,. agenrs or employees al any time on account or by reason of any act, action, neglect, omission or default of the 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 casts, charges, attorneys fees and other expemcs, any and all judgments that may be incoled by m obtained against the Purchaser or any of its err their aRcers, agents or employees in such suits or older plucer irip, and in mass judgmental or other lien by, placed upon or obtained agaiml the property of the Purchaser, or said panics in or as a result of such suits or rubber proceedings, the Seller will at once cause the same to be dissolved and discharged by giving band or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard in safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 02R014