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HomeMy WebLinkAbout541824 FORT COLLINS BIKE LIBRARY - PURCHASE ORDER - 9145494Fort Collins Date: 09/24/2014 Vendor: 541824 FORT COLLINS BIKE LIBRARY 250 N MASON ST FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9145494 1of2 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: 09/22/2014 Buver: 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 1 Bike Library Services as Required PER SERVICES AGREEMENT FOR FORT COLLINS BIKE LIBRARY OPERATIONS WITH BIKE FORT COLLINS. PO RE -ISSUED TO SPECIFIC BIKE LIBRARY VENDOR #, PER C. WHITE/S.O'BRIEN EMAIL DATED 9/18/14. 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 53,029.13 Total $53,029.13 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. COMMERCIALDETAILS. Tax exemption. By statute the City of Fan Collins is exempt from state and local axes. One Exemption Number is 11. NONWAIVER. 98-04502. Faecal Excise Tax Exemption Cenifcam of Registry 84-6000587 as registered with the Collator of Failure of the Purcham to insist upon strict Performance of the terms and conditions hereof, failure or delay to Imemzd Revenue. Denver, Colorado (Ref. Colorado Revised Summer 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in me treat of a breach, the orieptame of or payment for goods remainder or approval cruse design, shall not Maine the Sella of Goad Rejected. GOODS REJECTED due to failure as meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be dermal a waiver of any right of the damage in transit, may her eumd to you for credit and are not to ber replaced except tips. receipt of writen Purchaser,. insist -Psi order prfomtame, hereof or any of its rights or man dims as to any such goads, regardless institutions from the City of Fan Collins. of when shipped, received an accepted, as many prior or subsequent default haeuMer. am shall any purported oaf modification a ra cissim of this purchase order by the Purebazer operate as is wanner of any of the it. Inspection. GOODS art subject to the City of I. Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merehandise, services or aluirment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. ashmvad payment on the pan of the City of Fan Collim. However, it is to be understood the, FINAL Seller and the Purchase, recognize Out in cool eco laha ic pounce, avemrges trus resulting from antit ACCEPTANCE is dependent upon completion of all applicable restuird impwtion procedures. vi.lotiom nor in fact home by arc ParchsseL Theretoforefor goal cause and as consideanion far executing this purchase order, the Sella hereby assigm m me Purchaser my and all claims it may now have or hereafter Freight Terms. Shipments most b, F.O.IL, City of Pon Collins, 700 Wood St, For Collins, CO 80522, unless acquired under federal or suite earned laws for such overcharges relating to me particular gods or services otherwise specified on this order. If pmuission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this Franchise order. bill mast arearr any invoice. Additional charges far packing will not be accepted. Shipment Distance. Where manufazmrcrs hex distributing points in social pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater dimn s. Permits. Seller shall procure at sellers sale cost all necessary permits, certificates and licenses required by all applicable laws, raplutims o slinances and mles.f the state, municipality, territory or political subdivision where the work is performed, or required by tiny other duly comumted public authority having jurisdiction over the work of vendor. Seller farther agrees m hold the City of Port Collins harmless from and against all liability and loss red by them by reason of an asserted or established violation of any such laws, regulations, tribunal mles e nd requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance 10 the It— and eardrums sorted herein set forth and any supplementary or additional terms and conditions annexed hereto or arampoamd herein by negative. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou comma) make complete shipment to arrive oa your promised delivery Joe me noted. Time is of the essence. Delivery and perfomtance matt be effe td within the time staled on the purdmse order and the documents attached herein. No acts of the Puahasers including. without limitation, acceptance of,strial late deliveries, shall narate as a waiver oftLis Provision. In the event army delay. the Puahasn shall have, in addition to other legal and equitable remdies, me option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be, liable for damages res a much of delays due to comes nor rezmmbly foreseeable which are beyond its reasonable contend and without its fault of negligence. such ants of God, nos of civil or military authorities, governmental prionties,fires, strikes, find, epidemics, worm or alms provided then notice of the conditions causing such delay is given an the Purchmer within five (5) days of the time when the Seller first received knowledge thereof. In me event of any such delay, Me date of delivery shall be extended for the peril equal to the time aamlly last by reason of the delay. 3. WARRANTY. The Seller warrants that all goad, haicles, materials and work covered by this order will conform with applicable drawings, specifications, samples andor other descriptions given, will be fit for the patients intended, and performed with the highest degree of care and sawaRr ace in acwrdance with small standards for work of a similar nature. The Seller agora to hold the Furtherer harmless farm any loss, damage or expense which the Pachuca may suffer or incur on account of the Sellers breach of wranty ar. The Seller shall replace, repair or make good, without cost to the purchnsa. any defects or faults arising within one (1) year or within such longer period of time nor may be prescribed by law or by the tams of any applicable warranty provided by the Seller after the dale of acceptance of the goods Branched hereunder (acceptance not to her unreasonably delayed), resulting from Imperial or defective work dune or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not mnstimtc a waiver of any claim under this seasonally. Except as sulanass provided in his purchase mare, list Sellers liability hereunder sbnll extend to all dromp, proximately noosed by me breach of any .fine foregoing warranties or guarantees, but such liability shall in no even, include loss nfprofim 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 team by written change order. 5. CHANGES IN COMMERCIAL TERMS. Ile Functional may mike any changes to me torder than legal terms, including additions to ar deletioas from the quantities originally terms, office ordered in the iWifiratinm or drawings, by verWl or written change order. If any such change affects the amount due or the lime afperformarce hereunder, an equitable ad rstment shall be made. 6. TERMINATIONS. The Purchaser may at troy time by wrinen change order, terminate this agreement as to any or all po.iom of me goods then not shipped, subject to any separable edjmtment between the parties as to my work or materials then in progress provided Mail the Purchmer shall not be liable for any claims for anticipated profits on the uncompleted ,onion of the goad harbor work, for incidental or comequenoial damages, and that no such adjustment be made in favor of rim Sella will tapecuo any good which art the Sellers stoking sack. No such lamina ien shall relieve me Pumhaer or the Seller army of their obligations as to any goads delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assmed within thirty (30) days from the date the change or esminatim is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and Nmishd in avid compliance with all applicable laws and regulations to which the good me subject The Sella shall extreme and deliver such documents ns may be required to effect or evidence compliance. All lax. and regulations required m be incorporated in agreements of this character are hereby inc urpoated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm al I costs and damages sufier d by the Purchaser ns a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither puny shall assign, transfer, or convey this order, or any monies due or to became due hereunder without the prior wrten consent of the other any. 10. TITLE. The Seller warrants full, clear and unrestricted title to the purchaser for all eximpmem, materials, and items famished in perform of this agreement, free and clear of my and all liar restrictions, reservations, security interest acambanccs and claims of .,he.. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. IfNe Purchaser directs the Seller w correct nonconforming or defective goods by a dam to b, agreed upon by the Purchaser and the Seller and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs essaciated with such work. The Seller shall release the Purchaser and its contractors of any tiff from all liability and claims of any nature resulting Win the performance ofsnch work. This release shall apply even in the event of fault of negligence of the pony released and shall extend 4t ,he directors, officers and employees of such party. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such is ark is performed uncaused to be resumes] by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, polar, trademark or copyright, the Sella shall indemnify and save handless me Partial Farm any and all claims for infringement by reason of the use of strh proceed 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 me prosecution or after ohs completion of the work. In case said equipment, or any pan thereof or the intended lux of the goals, is in such at, held to assume munici al and the me of mid aripntetrt or pan is enjoined, the Serer shall, at its own expense and at its option, either procure for the Forebear, ,he right to ..from using said equipment m puns, replace the same with solutions), equal bur ...infringing equipment, or modify it so 11 becomes rrooinGrnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt make an assignment for the benefit of creditors, appoint a macciver or trustee for any of me Sellers property or busmen, Nis order may forthwith he candled by the Purchaser without liabillty. 16. GOVERNING LAW. The definirimo ofmrms used or the interprctalion affair agreement and the rights of all panics herander shall be anstrued under and gavcmd by the laws of the State of Colorado, USA. The following Additional Conditions apply only is cases where me Seller is to perform work hereunder, including the services of Sellers Represenmtive(o). on the premises of am,.. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the more is fully cumpinal sod accepted, and shall, an e of any accident, damela d or injury to the work and/or materials before Seller's fiwl completion and ucca unce, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and alm,mal arc famished by others for installation or section by the Sella, the Seller shall receive, unload, store and handle same at the sire and become responsible therefor as though such materials and/or equipment were being famished by the Sells under the order. 18. INSURANCE. The Sella shall, at his awn expense, provide for Me payment of workers compression, including occupational disease benefits, to its employees employed on or in cowection with the work covered by this purchase order, suffer 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 mummer, with bodily injury and Beam limits of at lean S300 000 for tiny one peon 55o4000 fur any one accident and property damage limit pen accident of 5400,000. The Seiler shot] likewise require his comneton, if any, to provide for such compeweon and insurance. Before my of the Seller or his contranoa employees shall do any work upon the penises of others, Me Sella shall famish the Fertilizer with a cenificare that such compression and instance have been provided. Such cenifuanes 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 Man such compensation and insurtce shall he maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire responsibility and liability for my and all damage, Ions or injury of any kind or more whosoever to pessoas or pmprry caused by or resulting from the execution ofine work provided for in ,his mchose order or in mnneaion herewith. The Sella will indemnify and hold hstnleas the Puchmer and my r all of the Purchasers officers, agents and employees fmm and against any and all claims, lessons, damages, charges or expenses, whether direct or indirect, and whether to persom or propny to which me Purchaser may be put or subject by reason of any act, action, neglect, omission or default an the pan of the Seller, any of his contractors, or my of the Sellers or contactors officers, agents or employees. In cam my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on seemed or by reason of any or,, anion, neglect, omission or default of me Seller of any of his canlactors 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, mmmeys f s and .,her expenses, any and all judgments that maybe incurred by or obtained against the Purchaser or any of its 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 Purchase, or said parties in or as a result of such suits or other proceedings, the Seller will a, once cause the more a be dissolved and discharged by giving band or edawiss. The Seller and his contractors shun take all safety precautions, Pomish and small all gmrd necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, ,be Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant therein. Revised 0](2014