HomeMy WebLinkAbout261792 NORTH FRONT RANGE MPO - PURCHASE ORDER - 9147160Fort Collins
Date: 12105/2014
Vendor: 261792
NORTH FRONT RANGE MPO
419 CANYON AVE SUITE 300
FORT COLLINS CO 80521
PURCHASE ORDER
PO Number Page
9147160 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: TRANSFORT BUS FACILITY
CITY OF FORT COLLINS
6570 PORTNER ROAD
CITY OF FORT COLLINS CO 8052
Delivery Date: 12/05/2014 Buyer: WILSON, JILL
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Pass Thru5310 Funding
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 LS
32,174.00
174.00
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
1. COMMERCDV. DETAILS.
Tax excmptiom. By stamen me City of Fan Collins is exempt from sm a and local rases. Oar Exemption Number is
11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collins., of
Failure of me Purchaser Or insist upon .Ned pnf s, of the terms mad mnddiom hereof failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
exercise my rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, rue acceptance ofor payment for goods hereunder or approval argue design, shall not release the Seller of
Grads Rejected. GOODS REIECTED due to failure to reed specifications, either when shipped or due to defects of
any of the warranties or obligations of this purchase order and shall not he deemed a waiver of my right of the
damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written
purchaser to insist upon strict performance hereofor any of its rights or remedies as to my such goods, regardless
impaction, from the City of Pon Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall my purported
am[ modification or corrosion of this purchase order by the Purchaser operate as a waiver of any of the terms
Inspection GOODS are subject to the City of Fart Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to This oldn ran result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of flue City of Fort Collins. However, it is in be understood Nat FINAL
Seller anal the Purchaser recognise that in victual n be practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion ofall applicable required impaction procedures.
violations are is fart borne by The Purchxka. Tharafre,fee card cause andaz cosidemfim for eaemtine Nis
purchase order, due Seller hereby waigm w the Ruchasn my and all claims it Troy now have or hamper
Freight Tema. Shipments most be F.O.B., City of Tom Collim, 7M Wood Sr, Tom Collim, CO 80522, unless
acquired major federal or stain antitrm, Is. for such overcharge reform, It the particular goods or services
otherwise specified m this order. If permission is given to Prepay f ight and charge separately, fee original freight
purchased or acquired by the Purchmer pursuant To this Purchase older.
bill most accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is
Ufa, Purchase, directs the Sella caned nonconforming or defective goods by a date she agreed upon by thc
expemel from the nearest distribution point to destination, and excess freight will be deducted from Invoice when
Purchaser and me Seller, and the Seller thereafter indicates its inability or unwillingness To comply, the Purchase
shipments are made Wm greater distance.
may cause the work to be perforated by the most expeditious means available to it, and the Seller shall pay all
costs associated with such work.
Permits. Seller shall procure at sellers able cast all necessary pmnits, certificates and licemes required by all
applicable laws, regi latiom, ordinances and roles of the state, municipality, territory or Political subdivision where
The Seller shall relmx the Pufbaser and its cootractors of my tier from all liability and claims of any mare
the work is performed, or required by any other duly ex astimted public auhority having jurisdiction over the work
resulting from the performance afsuch work.
of vendor. Seller further agrees to hold the City of Pon Collins homeless from cord against all liability and loss
rmurred by them by reason often aswned or established violation of any such laws, legislature, ordirunca, roles
This release shall apply even in due event of fault of negligence of the party released and shall extend a the
coal requirements,
didamo., officers wall employees fsuch petty.
Authorieation. All parties Or this contmcl agree that the representatives are, in fact, heat fide and pasres full and
complete authority to bind said panics
LIMITATION OF TERMS. This Purchase Order expressly lime. acceptance in the It. and canditiom seated
herein set ram and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different anus and amdimm, proposed by seller art objected to and hereby rejecred.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment a above on your
promised delivery dare a noted. Time is of the esscore. Delivery and preform.. must he official within the time
stated on the purchase order and the documents attached hereto. No arts of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision In The event ofany delay,
tM Purchaser shall have, in addition to other legal and equitable remedies, the optim of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not he liable for damages as a result of delays
due to causes not eventually foreseeable which are beyond its reammble central sell without its fault oftegligmce,
such acts ofGod, acts of civil or military authorities, gov meal priorities, fires, strikes, Rood, epidemics, was or
riots provided fast notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller four received knowledge therm[ In the event of any such delay, the dam of delivery shall he
extended fir the period al.I to the time actually hoar by reason ofthe delay.
3. WARRANTY.
The Seller wavams that all gook, articles, materials and work covered by this order will confemt with applicable
drawings, spvifcabiom, samples and/or older description given, will he fit fen the purposes wended, m l
Performed with the highest degree of cart and competence in accordance with accepted standards for work of a
similar nature. The Seller ague. 10 hold the purchase, harmless from any loss, damage ar expose which de
Pueclasser may suffet or mutation account ofthe Sellers bench of waraaty. The Sella shall replace, repair or make
good, without cost To The purchaser, any defeces or faults arising within one (1) year or within such longer period of
time as may be prescribed by law m by the team of any ap,liable weemmy provided by the Sella arm the date of
acaptanm of The goods finished hereunder (aaccptance not To br umcammbly delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Accelerate or use of good by the Purchaser shall not
constitute a waiver of any claim under this wammry. Except as otherwise provided in his purehaw olden, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the fmogoing warranties
or guarantees, but such liability shall in no event include loss ofp.Fts ar 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 reeom by written change ardn
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes a the terms, other dun legal temw, including additions to or deloomer from
The quantities originally olden, in the apmificatiom or drawings, by verbal or wrinen change older. If any such
change surfaces, The amount due or the time of performance hereandn, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at my time by written change order, terminate this agreement as to any or all portions of the
grwds then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profit, an Ne memoplebl
poniun arms, goad and/or work, for incidental or cosa,mntial damages, and that no such adjustment be made in
favor of the Sella with respect a any good which are the Sellers standard stock. No such termination shall relieve
the Purchase( or fie Seller afany of their obligations to to any goods delivered hereuMa.
9. CLAIMS FOR ADJUSTMENT.
Any claim for ndjuAdddt most he swrted within thirty (30) days from the date the change or combination It
ordered.
I. COMPLIANCE WITH LAW.
The Seller women,. par all good sold hereunder shall have been produced, sold, delivered and f ished in atrial
compliance wild all applicable laws and regulations to which the good art mIjea. The Seller shall execute am
deliver such documents as may be acquittal to effect or evidence compliance. All laws and regulations required to be
incorporated in agreement. of this character am hereby incorporated herein by his reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all cash and damages suffered by the Purchaser as a ream, of the
Sellers filure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, tramfen or convey this older, or my monies due or to become due bannister without the
prior wrimcn cn.ent ofthe otter parry.
10. TITLE.
The Sella warrants fall, clear raj umcomm ted title to the Purchases for all equipment, materials, and items resonant
in performance of this agreement, free and clear of my anal all liens, resaictiom, reservation, security interest
encumbrance "it claims of others.
The Sellars mnmucmal oblibmiom, jcradjg warranty, shall not he deemed m be reduced, in any way, because
such work is performed or mush to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is requirM to use any design, device, material or process covered by lever, patent, mmdemark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims fur infringement
by reason of the use of such patented 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 Orman
infringement at any time during the prosecution of after The completion of the wark. In case said equipment, or
any pan thereof or the intended tie of the goads, is to such suit held to constitute infringemenr and the uw of
said apartment or pan is enjoined, due Seller shall, at its own expense and at its option, either probare for the
Purchaser the right to continue using said equipment or pans, replace The same will salsom i illy equal but
mninfringmg equipment, or modify it m it become noninGnging.
15. INSOLVENCY.
If the Seller shall become insolvent ar bankmpt, 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
Purchaser without liability.
16. GOVERNING LAW.
The definitions orations reed or the interpretation ofthe agreement and the rights of all parties hereunder shall be
comtmed assume and governed by the laws ofthe Same ofColomdo, USA.
The following Additional Conditions apply only in cmcs where the Seller is to perform smrk hadmader,
including the services efSallers Represenative(s), on the premise creditors.
17. SELLERS RESPONSIBILITY.
The Sella shall carry an said work at Sellers own risk mail the same is rally completed and waepted, and shall,
in caw of my accident, destruction or injury to the work and/or materials Were Sellers final completion and
acceptance, complete the work at Sellers awn expense and to the satisfaction of the Purchaser. When mmanals
and equipment are punished by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials andtar equipment
were being fumished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense. provide for me paymmt of wmkers compensation, including Occupational
disease benefits, to its employees employed on of in connection with the work covered by this purchax order,
and/or to Neh dependentds in accordance with the laws of the state in which The work is to be done. The Seller
shall also carry camprehemive general liability including but rat limited an, co wmcmaI and automobile public
liability occurrence with bodily injury and death limits of at lest 53M.M far any one person, Slabbing) for any
rate accident and prolerry damage limit per accident of 5400,000. The Seller shall likewise require his
rontmnors, if any, an provide fur such a mpematim and imueance. Before any of the Sellers or his c carnal s,
employees shall de any walk upon the premises mothers, the Seller shall famish the Northeast wild t certificate
that such compemalion and insurance have been provided. Such certificates shall specify The date when such
compensation and insurance have been provided. Such cenificats shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until alter the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby ssumes the more responsibility and liability for my and all damage, loss or injury of my kind
naure wharousaa to persona or property unused by or resulting from thc cxrmtion of the work provided fen in
this purchase area or in connection herewith. no Seller will indemnify and held harmless me Purchaser and my
or all of fie Franchisees, officers, agents and employees from and against any and all crf., losers, damages,
changes m expenses, whether direct or indirect, and whether to persona or property in which the Purchser may
be pm or subject by reason of any act, action, neglect, omission or defmlt oa the pan of the Seller, any of no
convectors, or any of the Sellers or ammwtors officers, agents or employees. In rase my suit or other
proceedings shall be brought against the Purchaser, or its olficess, agents or employees at any time on account or
by reaam of any act, action, neglect, omission or default of the Seller of my of his contractors or any of its or
their officers, agm s or employees m aforesaid, the Sell- hereby .,as m resume the defense thereof and to
defend the same at the Sellers own expense, to pay any and all costs, charge, attorneys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or my of its or their offices,
agents or employees is such suits or other proceedings, eed in case judgment or office lien be placed upon or
obtained agaimt the property of the Purchaser, or said parties in or m a mull of such suee, or other proceedings,
the Seller will at once cause the some to be dissolved and downtrend by giving banal or otherwise. The Seller and
his contmetors shall hike all safety precautions, famish and install till gamed necessary for The prevention of
accidents, comply with all laws and regulatiom with regard to mfcry, including, but without limitation, The
Occupational Safety and Heald, Act of 1970 and all colas wall regulation issued pursuant Nereus.
Revised 072014