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HomeMy WebLinkAbout525796 FOX TUTTLE TRANSPORTATION GROUP - PURCHASE ORDER - 9135832PO PURCHASE ORDER 913583er Page Clay of PURCHASE 35832 ' of 2 ' `t Collins/ his number must appear V " �7 on all invoices, packing sli s and labels. Date: 10/08/2014 Vendor: 525796 FOX TUTTLE TRANSPORTATION GROUP PO BOX 19768 BOULDER CO 80308-2768 Ship To: TRANSPORTATION PLANNING & 281 NORTH COLLEGE FORT COLLLINS CO 80524 Delivery Date: 10/28/2013 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 4 Change Order 2 MidTown Corridor Study 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:purchasingQafogov.com 1 LOT EA 6,992.80 um 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 1. COMMERCIAL DETAILS. Tax exemption. By statute the City of Fort Collins is exempt from stare end local taxes. Our Exemption Number is 98-014502. 1'rdml Excise Tax Exemption Certificate of Registry 94.6000587 is regiaered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39 26,114 (a). Goods Rejected, GOODS REJECTED due to failure to meet speri ficatiom, either when shipped or due to defies, of damage in hands, may be seNmed to you for as and are not to be replaced except upon receipt of wrinen instructions from she City airport Collins. Inspection. GOODS we subject to the City of Fan Collins inspection on arrival. Few Acceptance. Receipt of she merchandise, services or equipment in sawardse to Nis order can result in authosmad payment on the pan of the City of Fort Collins. However, it is to In nddemmod that FINAL ACCEPT ANCE is dependent upon completion of all applicable numired depomion procedures. Freight Tetras. Shipments must be F.O.B., City of Fon Collin, Too Wool Sr, Fon Collins, CO 80522, unless otherwise specified on this oiler. If permission is given to prepay freight and charge separately, the original freight Fell .-I acrmpany invoice. Additional charges far trucking will not be accepted. Shipment Distance. Where manufactures fracce distributing points in various 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 distance. Permits. Seller shall prance in sellers sole cost all necessary, parmiss, certificates and licenses required by all applicable laws, modmimss, wrimnen and roles ofthe store, municipality, territory or political subdivision where the wask is performed, or romirM by mry other duly contributed public aorhority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fair Collins hmmleaa from and o,,at. all habiliry and loss ¢uttW by them by onwn of an asserted or established violation of any such laws, regulation, orditanco, roles and requirements. Authorization. All parries ro this resume, agree that the representatives are, in fact, bats fide and possess tot[ mod complem authority to bind said pmias. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and my supplementary or additional terms and conditions annexed hereto err in-ar,onned herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENTimmediately if you cannot make eomplem shipment to mrive on your promised delivery date. noted. 'I'raw is of the essentt. Delivery nod perfammae must be effected within the Iran stated on the purehase order and she documents attached hereto. No acts of the purchasers including, without limitation, acceptance of partial lam deliveries, shall operate as a waiver of this provision. In the evem of any delay, the Pumhaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for &,magus. However, the Seller shall not be liable for damages az a rivals of delays due to muss not impassably f able which are beyond its reasonable annual and without its fault ofnrgligeae, such acts of God, was of civil or military cautioned, governmental priorities, fires, strikes, flood, epidemics, wars or riper provided that notice of the conditions emming such delay is given to she Purchaser within five (5) days of the time when the Seller find received knowledge thereof In the event of my such delay, she date of delivery shall be extended for the penal equal to the time actually lost by reawn uprise delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples maker oher description given, will be fit for the persons intended. and performed wish the highest degree of care and competence in accordance with reversed standards for work of a similar nature. The Seller agrees m hold the purchaser honest... from any loss, &image or aspenx which the Purchases may sufferer incur on account ofthe Sella breach of wareanry. The Seller shall replan. repair or make good, without cost to the producer, any defects or (ruler arising within one (1) year or within such longer period of time as may be presented by law or by the mess of any applicable wmmnry provided by she Seller war the data of acceptance of she goofs furbished hereunder beirwance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or sue of gook by the Purchaser shall net constitute a waiver agony claim under this warranty. Except as o0rercriw provided in this purchase order, the Sellers liability hereunder shall extend an all damages proximately nosed by she broach of my of she bargain, waramles or guarantees, but such liability shall in no event include loss of,.fita or loss of use. NO IMPLI I!D WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Parehaser may make changes to legal terms by wane. change oiler. 5. CHANGES IN COMMERCIAL I ERMS. The Purchases may make any changes to the terms, other than legal semis. including additions to or deldions Item the quantities originally ordered in the specifications or showings. by verbal or writers change order. If any such change affects the amount due or the time of performance hereunder, an equiable adjustment shall be coda. 6. TERMINATIONS. The Purchaser may err any time by written change cola, terminate this agreement as m any or all portion of the goods then not shipped, subject to any equitable adjusment between she ponies as to any work or materials than in pro,rds provided that the Purchaser shall not be liable far aoy claims foe reimposed For, on the uncompleted Program of the good mapper work, for incidental or couniquential damages, and Unit no such adjustment be made in favor of the Seller with respect to any goods which art the Sellers standard stock. No such mtmimation shall relieve the Producer or the Seller crony of their obligations m to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most b< assured within thin, (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wamnts that all good wild hereunder shall have been produced, sold delivered and branded in shied compliance with all applicable laws and new ations to which the good are mbjarL The Seller shall execute and deliver such documents n may be required to elfed or evidence compliance. All laws and regulations required to be ndrparemd its agrecmenm of this chearder art hereby incarpanmd herein by this reference. The Seller agrees I. indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a tasuh of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, a erfid, or convey this order, or my monies due or to become due hereunder without he prior women consent of other parry. IL TITLE. The Seller ressi s full, clear and umestrined title to the Purchaser for all equipment materials, and items fmishd in performance of this agreement, free and clear of any and all firs, msMctions, onenmimm, security interest encumbrances and claims of ofers. 11. NONWAIVER_ Failure of the PurcM1a so insist upon said ,infrastwture of dre tame, and wnditiones hereof, failure or delay to exemose any rights or remedies provided herein or by law, failum to promptly notify she Seller in the went of a breach the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the warranties or obligation of this purchase order and shall not Im, domed a waiver of my right of she purchaser to insist upon strict performance heteofor any of its rights or remedies as to any such good, repaa less of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any pusponed oral modification or rescission of this purchase order by the Purchaser opemte as a waiver of any of the semis hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violation are in fact home by the Producer. Theretofore fogood cause and n consideration for executing this purchase order, the Seller worry routines to the Pmchser any and all claims it may now have or hereafter acquired under federal or sate -It., It. for such overcharges relaring I. she particular good or services purchased or acquired by the Pumbaser ptusmm to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. I fthe Purchaser ditms the Seller to correct communications, or defective good by a date to be agreed upon by the Purchases and the Sella, and the Seller therea0er 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 dam astound wish such work The Seller shall release she Purchaser and its contractors of any net from all liability and claims of any nature resulting fwm the Performance of such work. This relown shall apply even in the event of fault of negligence of the party released and shall extend to me directors, officers and employees ofsuch party. The Sellers contractual obligation, including warranty, shall at he deemed to be reduced, in any way, because such wort: is puff d or caused to be perforated by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, roared.] or process covered by liner, paten,, hademmk or copyright, the Seller shall indemnify and save hatmlen the rowboat from any and all claims for infringement by reason of the use of such patented design, desire, material or prottss in connection with the canted, and shall indemnify she Purch®er for any cost, expose, or damage which it may be obliged to pay by reason of such infringement at any time during she prosecution or after the completion of the work. In can said equipment, or any pan thereof or the intended use of the good, is in such suit held m wmhibute 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 she Purchaser the right to continue using said equipment or pans, replace the more with substantially equal but naninfringing equipment, or modify it so it becomes naninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpr, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, This order may forthwith be, canceled by the Purthaserwithom liability. 16. GOVERNING LAW. The definitions of2esms used or the interpretation ofthe sigrcemem and the rights oral] ponies hereunder shall be comtmed order and go meta d "a laws of the Sam ofColoado, USA. The following Addition) Conditions apply only in cans where the Seller is to perform work hereunder, including the services of Sellers Rapremnative(s), on the premises crushers. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Settees own risk until the same is fully completed and accepted, and shall, in e of any accident, destruction or injury to she work and/or materials before Sellrri final completion and aingdoe, complete the work as Sellers own expense and to Use smisfacdon of the Purchaser. When materials and equipment are famished by others fro installation or erection by $e Seller, the Seller shall recdve, unload, store and handle same at she site and become mponible therefor as shorgb such matenale and/or equipment were being famished by she Seller under the order. IS. INSURANCE. The Seller shall, at his own expere,e, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, andsor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall aim cony tomprebemive general liability Including, but rot limited so, wnssx+ral cod anmmobile public liability insurance with bodily injury end death limits of al least S300,000 for any one permit, $500,000 for any one ccidedt and property damage limit per accident of 5400.000. The Seller shall Ilkewiw require his wtnranors, If any, to provide for such compensation and assurance. Before my ofthe Sellers or his comments employers shall daany work upon the premixesof others, the Seller shall Finnish the Pmchmer with a certlficam that such compensation and inumnce have been provided. Such certificates shall specify the date when such om,dowion and insurance hove been provided. Such enmersom shall specify the date when such compensation and instance expires. The Seller agrees dot such compeawtion and insurance shall IR mainained .,if after the more work is complete, and accepted. 19. PROTECT ION AGAINST ACCIDENTS AND DAMAGES. Tire Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of my kind or mtum whatsoever to pawns or property caused by or resulting from the execution ofthe work provided for in Nis purchase order or in irradiation herewith. The Seller will indemnify and hold harmless the Produced and any cr all of the Purchasers oMae., agents and employees from and against any and all claims, losses, &,.axes, harges or expires whether direct or indirect, and whether to Famous or property to which the Purthawr may Fair put or subject by reawn of any act, action, staffer, omission or default on the pan of the Seller, any of his entacmrs, or any of the Sellers or contractors officers, agents or employes. In case my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employes at any time on account or by reason of my ac, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees is aforesaid, the Salle hereby agrees to assume the defame hheswf and a defend the was at the Sellers own extreme, to pay any and of costs, charges, aaomeys fees and oher expenses, any and all judgments that may be 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 can judgment or other Tien 1w placed upon or obtained against the pmperry ofthe Purchaser, or aid putties in or as a result orsuch suits or other proceedings, Use Seller will at once cause the same to be dissolved and dischatgd by giving bond or otherwise. The Seller and his contractors shall take all safety pmcaotions, famish and install all guard necessary for the prevention of reactions, comply with all laws and regulation wish regard m safety including, but without limitation, the Occupational Safety and Health Ad of 1970 and all roles and regulations issue, pursuant therem. Revised 07/2014