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HomeMy WebLinkAbout438171 BIKE FORT COLLINS - PURCHASE ORDER - 9135703 (2)PO PURCHASE ORDER 913570er Page CI�/ of PURCHASE 97 35703 1 of z ' `F6rt Collins This number must packing V on all invoices, packing sli s and labels. Date: 10/23/2014 Vendor: 438171 Ship To: TRANSPORTATION PLANNING & BIKE FORT COLLINS 281 NORTH COLLEGE PO BOX 1632 FORT COLLLINS CO 80524 FORT COLLINS CO 80522 Delivery Date: 10/16/2013 Buyer: ED BONNETTE Note: Line Description Quantity Ordered UOM Unit Price Extended Price 5 ADDENDUM PO #9135703 1 LOT EA 3,200.00 SRTS 2013/14 addl services (req 48348) c ADDENDUM PO #9135703 1 LOT EA 800.00 LOCAL MATCH PORTION (req 48348) 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 Total Pay terms net 30 days Invoice Address City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 r Terms and Conditions Page 2of2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6001 6 registered with the Collector of Imemal Revenue. Deri Colorado (Ref. Colorado Revived Statutes 1973, Chapter 39-26, 114 (a). Good Rejected. GOODS ME= due to failure w meet specification, dcaer when shipped or due to fingers; of damage in .nail, may be manned to you for credit and are not to be replaced except upon receipt of x'rium instructions from the City of Fort Collim. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. Final Acceptance Receipt of the mcrchanfw, sermen m equipment in reap i eve to this order can if ht authorized payment on the pan of the City of Fan Collins. However, it is to be understand that FINAL ACCEPTANCE is dependent upon rompleam of all applicable rcquird inspection procedures. Freight Trans. Shipments most be RO.IT, City of Pon Collins, 700 Woad St., TOO Collins, CO 80522, unless otherwise specified on this order. Upermission is given w papery freight and charge separately, the original height bill most accompany invoice. Additional charges for pocking will not be, accepted. Shipment Distance. Where manufacmem hex distributing painw in canon parts of can country, shipment u expected fmm the insured distribution point to denotation, and excess freight will be dMucted from Invoice when Shipments ate made form greater thrown. Permit, Seller shall procure at sellers sole cast all necessary permits, eebitieates and licenses required by all applicable laws, regulations, oldinnneea and rules ofthe state, municipality, territory or political subdivision where the work is Forfocmed, or required by any ofer duly constituted public authority havingjmisdiction over the work of vendor. Seller harbor agrees to hold the City of For Collin harmless from sand against all liability and two incurred by them by reason of. assured or established violation of any such laws, regulation, ordinances, roles Slid raryiremvnts. Amhomation. All panics m this contend agree that the representatives are, in fact, bona tide and possess full and complete maturity to bind said panics. LIMITATION OIt TERMS. This Pufuhose Order expressly limits acceptance 10 the terms and conditions stated herein set forth and any Supplementary or additional team and condition annexed hereto or incorporated herein by reference. Any additional or difienmt terms and conditions proposed by seller are objected w and hereby related. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and performance most be effected within the lime stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this maker elsewhere said holding the Seller liable for damages. HowevIn, the Seller shall not be liable for damages as a anal( of delays due to causes not mnowbly finesewble which are beyond its r.sorable control and without its fault of negligence, such acts of God, acts ofrivil or at llury authorities, govemmennl priorities, fires, strikes, flood, epidemics, wars or fiats provided not notice of the conditions caning such delay is given to the Purchaser within Five (5) days in the time when the Seller first received knowledge [hereof. In the ,,at of any such delay, the date of delivery shall be extended for the grand equal to the time actually lost by roust ofthe delay. 3. WARRANTY. The Sella warrants slut all good, articles, materials and work covered by this order will conform with applicable drawings, spaifwtiom, samples andsor or descriptions given, will be fit for the proposes intended, and performed with the highest degree of can and competence m accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser hervi from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults ansing within one (1) year or wifin such longer period of time as may he prescribed by law or by the tents of any applicable warmly provided by the Seller after the date of acceptance ofthe goods famished hereunder (acceptance not to he unreawmbly delayed), resulting from imperfect or defective week done or mmerials famished by the Sella. Acceptance or we of good by the Purchaser Shall not antin. a waiver ofany claim under this wamnry. Except as oferxise, pmvided in his In:hax order, the Sellers liability hereunder shall extend to all damages pmaimmely .used by the breach of any of the foregoing wamnties or guarantees, but such liability shall in no went include loss ofpmfits or loss of eve. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. T CHANGES IN LEGAL TERMS. The Purchaser may make changes to Is,[ rents by waften change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes In the em, Other than legal to.. including addition to or deletion from the quantities originally ordered in the specifcancris or drawings, by verbal or wnnen change older. If any such change affects the amount out or the time ofperfomance hereunder, tin equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may a any time by want. change oMe'. a m ace to his agreem rid as many or all portions of the goods then not shipped, subject to any equitable adjuamenl between foe parties as to any work or maerials fen in pmgtws provided fat the Purchaser shall not be liable for any claims for anticipated profirs on the uncompleted ponion of the good anger work, for incidental or consequential damages, and Ott no such adjustment de made in favor of the Seller with respect o any good which are the Sellers standard stock. No such termination shall relieve the Purchaser In the Seller of any oI their obligation. w any good delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjunm Sd most be nssaed within thirty (30) days from the Jam the change in Induction is ordered. 8. COMPLIANCE WITH LAW. The Seller warms that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with sll applicable laws and regulations to which the good sere subject. The Seller shall emome and deliver such documents as may be required to effect or evidence compliance. All laws and regulation required to No incorporated is agreements of this character are hereby incorporated herein by this nationalist. The Sella agrees 10 indemnfy and hold the pmebasa bond. from all cods and damages suffered by the Ponchatoula as is resml of we Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party Shall assign, vansf<r, or convey this order, or any monies due or to became due hereunder without the prior written cement ofthe other pay. 10. TITLE. The Sella warrants full, elver and unmtacmd tide to fc Purchaser for all equipment, molmals, and items famished in performance of his agreement, fate and clear of any and all hen, awridion, reservation, mainly interen mrumbrdnces and claims of onion. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the anew and conditions hucof, failure or delay in exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the went of a breach flim, acceptance ofor payment for goods hereunder or approval offoe design, shall act release the Seller of any of the wamnties or obligations of this purchase order and shall not by, deemed a waiver of any right of the Purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or Subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the corms hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize nor in actual economic practice, mxrtharges resulting from =11=1 violations are in fact home by the Purchaser. Theretofore, for good cause and as coaidemtion for executing Nis purchase order, the Sella hereby assign to the Purchaser any and all claims it may now have or hereafter acquired under federal or slate Antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pu smmnt to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If She Purchaser direcb the Seller to cannot nonconforming or defective goods by a date to be agreed upon by floe Purchua and the Seller, and foe Seller nieeeafier indicates its inability m wwilifir mess to comply, the Purchaser may or. foe work 1p be FormrmW by the most expedition mean available to it, and no Seller shall pay all costs ar.iated wilt such work. The Seller shall release the Purchaser rind its carom eves of any tier from all liability and claims of any ounces resulting from the performance ofsuch work. This release shall apply wen in the event of fauh of negligeme of cac parry slowed and shall exlend m the direcusn, officer, and employees ofsuch parry. The Sellers contractual obligations, including warranty, shall not he deemed to be, reduced, in any way, bnauu such wash is performed err vowed to be pa oohed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, maerinl .11.. covered by label, patent, trademark in copyright, foe Seller shall indemnify and save harMess ❑m Purchaser, from any and all claims far infringement by reason of the use of such pa nited design, device, material or process m connection with the contract, and Shall indemnify are Purchaser for any cos, expense or damage which it may be obliged to pay by reason ofsuch ofngement at any time during the prosecution or after the completion of the work. In caw said aluipmem, or any pan thereof or the intended use of he cmks, is in such suit held to conumm infringement and the use of Said equipment or pan is volumed, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue wing said equipment or pans, replace the same with subsranlially equal but naninGnging equipment, of modify it so it becomes wf flinging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, main, an assignment for foe bcnerit of creditors, appoinl a or trmlee for any of the Sellen property or business, this older may forthwith be canceled by the Purehs asvifont liability. 16. GOVERNING LAW. The definition oficrms read or the interpretation offs agreement and the rights of all ponies hereundershall be ontmed under and governed by the laws of the See ofC.IomJa, USA. The following Additional Condition apply only in cases when the Seller is to perform work hereunder, including the services of Sellers Rlausentative(s), on the premises ofmhers. 17. SELLERS RESPONSIBILITY. The Seller still[ carry on said work at Seller's own ask until the same 6 fully completed and accepted, and shall, in case of any accident, Induction or injury to the work Sugar mateeuls before Sellds final completion and acceptance, complete the work at Sellers awn expense and w the Satisfaction of the Purchaser. %%hen maeaals and equipment art fumuhed by ofers for installation or erection by the Seller, elm Seller shall receive, unload, short and handle same to the Site and become responsible lhcmfor as though such materials angor equipment were being famished by the Seller under the older. 18. INSURANCE. The Seller shall. at his awn expanse, provide for the payment of workers compensation, including arraignment disease benefits, to its employees employed on or in connection with den work covered by cars purchase Older, mrgor w four, dependents in accodance with the laws of the stem in which the work is to de done. The, Seller shall also carry comprehensive womal liability including, but not limited w, contractual and automobile public liability insurance with bodily injury and death limits afar lens S30Q1Nq for any One person, S500,000 for any one evident and pmpeny damage limit per accident of S4D0,Oi The Seller shall likewise require his contractor, if any, w provide for such compensation and insurance. Before any Of the Sellers or his contractors employees shall do any we& upon the premises of others, the Seller shall famish the Purchaser with a coalfields that such compensation and inarance have been provided. Such commences shall specify no date when such compewtion and insurance From been provided Such eeaifwtes shall specify the date when such compermtion and insurance expires. The Seller agrees drum such core ancenion and insurance shall be mai=MN until after the entire work is completed and retreated. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES, The Seller hereby assumes the entire respomibil'try and liability for any and all damage, loss or injury of any kind or more whalsaever to prrsom or property caused by or resulting from me execution of flue work provided for in his purchase order or in connection herewith. The Seller will indemnify and hold harml¢s the Purchaser and any or all of Ore Puchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expnues, whether direct or indirect and whether to person In pmpeny 10 which an Purchma may as, put or subject by clinical of any act, action, noiden, omission or default on the pan of the Sella, any of his examines, or any of the Sellers or contractors offcar, , agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at 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 often or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thenvf and to defend be Same at the Sellers On expense, to pay any Sad all corn, clurges, mmmays fees and ofon expenses, any and all judgments that may be incurred by or obainM against the Purchaser or any of its or thew oRcars, agents or employees in such Saw or other proceedings, and in caw judgment or ofer lien be placed upon or obtained against he progeny of the Purchaser, err Said parties in or as a result of such spin or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving band or otherwise. The Seller and his contractors dull take all safety precautions, furnish and install all guard necessary far the prevention of arciderm, comply wit all laws and mgulatiom with regard to Safety including, but without limitation, foe Communicate] Safety oral Health Act of 1920 and all roles and regulmone issued pursuant duccut Recited 07R014