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HomeMy WebLinkAbout549196 ECO-COUNTER - PURCHASE ORDER - 9147471Fort Collins Date: 12/18/2014 PURCHASE ORDER PO Number Page 9147471 1of2 This number must appear on all invoices, packing sli s and labels. Vendor: 549196 Ship To: TRANSPORTATION PLANNING & ECO-COUNTER 281 NORTH COLLEGE 604-3981 ST-LAURENT BLVD FORT COLLLINS CO 80524 MONTREAL QU H2W1Y5 Delivery Date: 12/18/2014 Buyer: ED BONNETTE Note: PER QUOTE #D-009145 DATED 12/12/14 FROM NEAL POKU TO AMY LEWIN. PLEASE SHIP TO ATTN: AMY LEWIN; CONTACT (970)416-2040. DELIVERY LEAD TIME 8-12 WEEKS; DELIVERY 3/31/15 OR SOONER. Line Description Quantity Ordered UOM Unit Price Extended Price 1 Permanant Auto. Bike Counter 1 LOT LS 10,000.00 Remington btwn Lake & Pitkin 2 Permanant Auto. Bike Counter 1 LOT LS 14,900.00 Remington btwn Lake & Pitkin Aij'�.�i, 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 rchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By name the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 9S-m502. Federal Excise Tax F emptim CmiGeate of Registry 84-6000580 is registered with the Collector of Failure of the Purchaser to insist upon strict Forfomwre of the teats and conditions bereaf, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Staates 1973, Chapter 39-26, 114 (a). ialmim any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the noo ficae arm payment f goods her ... der m approval ofthe design, shall not release the Seller of Goads Rejected. GOODS REI ECTED it., to failure to men specifications, either when shipped or due to defects of any of toe warranties or obligations of this purchase ode, and shell not be darned a waiver of any right of the damage in amor it, may to cetured to you for credit and we eat m be replaced except upon receipt of written purchaser to insist upon stater performance hereofor my of its fights or remedies as to any such goods, regardless instructions from the City of Fan Collin. of when shipped, received or accepted, as to my prim or subsequent default hereusuka nor shall any purported oral conditioned in rescission of this purchae order by the Purchaser operate as a waiver of my of the teens Impation. GOODS are subtract the City of Few CMIT inspection on conical. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this oMet can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of toe City of Fan Collins. However, it is to be understood thatFESAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required impation procedures, violations are in fact tome by the purchaser. Theretofore, for good cause and w consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and dl claims it may now have or harealter Freight Tema. Ship... must be F.O.B., City of Fort Collins, 700 Wood St., Fan Collins, CO 80522, artless acquired under frdenl or state antitrust laws for such overcharges relating to the particular goods or services oherwise specified on this honer. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Diatance. Where manufacarers have dimibuting paints in various pans of the country, shipment is I fthe Purchaser directs the Seller to correct nonconforming or defective gods by a date to be agreed upon by the apoeted fmm the nearest distribution point to destination, and ness freight will be deducted from Invoice when Purchaser and the Seller, and the Seller drereuder indicates its inability in unwillingness to comply, the Purchaser shipments are made fmm greater distance. may sauce the work to be performed by the mast expeditious means mailable a it, and roc Seller shall pay all erase aasaicod with such work. PartNts. Seller shall pmare at sellers sole cost all awcsmry permits, cenificata and licenses required by all applicable laws, regulations, ordinances and mien of the state, municipality, tarwry or political subdivision where The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any aware the work is performed, or rcquiml by any other dulyconstiated public authority having jurisdiction over the work resulting from the performance of such work. of vendor. Seller number agrees to hold the City of Fort Collins locations from and against all liability and loss iacurdal by them by reason of an wooded or astabliehd violation of any such laws, regulations, ordinances, ales This release shall apply even in the event of fault of negligence of the party releac d and shall extend a the and requirements. directors, oRcers and employees of such many. AuthaVmtion. All mantes to this contract agree that the repmsematives are, in But. bone fide and possess full and complete anlhwity to bind said parties. LIMITATION OF TERMS. This purchase Order expressly limits acceptance to the teens and conditions stated herein set not and any supplementary or additional terms and conditions amend hereto in incorporated herein by reference. Any additional or different mats and conditions proposed by seller are objected to and hereby rejated. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately it you cannot make complete shipment to arrive on your promised delivery dale w noted. Time is of the easena. Delivery and performance must be effected within the time Noted on the purchase oNer and the documents atnchd hereto. No acts of the Purchase. including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the occur army delay, the Purchaser shall have, in addition to other legal and amitable readies, the option of placmg this oNer elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damagm as a result of delays due to causes tam raaonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil or military authorities, governmental priomies, fiats, strikes, Rood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within live (5) days of the time when the Seller first received knowledge therm[ In the event of any such delay, the date of delivery shall M antadd for the period equal to the time actually Iest by reason of the delay. 3. WARRANTY. The Seller warrants that all goads, articles, materials and work covered by this order will conform with applicable drawings, Verifications, samples andfr other descriptions given, will be fit for the purposes intended, and ,afterward with the highest degree of cam and competence in accordance with accepted standards for work of a similar rla,are. The Seller agrees to hold the prrehasnr hmnlas from any loss, damage or expense which the Purchaser may suR or incur on account of the Sellers breach of warrdnry. The Seller shall repines, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be presented by law or by the terms of any applicable warranty provided by the Seller nfia the date of acceptance of the goods famished hereunder (aceptance not to be unreasonably delayed), resulting from imperfect or defective work done or nationals famished by the Sella. Acceptance m rue of goad by the Purchaser shall dal onstione o waiver of my claim order But.1y. Except as otherwise provided in this purchase oNer, the Sell. liability hcrcunda shall extend to all damages proximately acua l by the breach of my of the foregoing warrmtics or gtwrentars, but such liability shall in rat event include loss of pmfrs or loss of roc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pumhmcr may make change 1. legal lean by wore. change under. 5. CHANGES IN COMMERCIAL TERMS. The Pu¢h set may make any awwYa. to the menu', oNer than legal team, including additions to or delniona from the quantities originally ordered in the specifications or drawings, by verbal or written change orderIf any such change areas the amount due or the time of performance hereunder, an equitable adjustment shall be made, 6-TERMINATIONS. The Purchaser may at my into by wdren change oiler, tennirom this agreemrnt as W my or all portions of the good then not shipped, subject to my equitable adjustment b raven Ne parties as to any work or mormals then in progress provided the the Purchaser shall not be liable for any claims for wi icipaed profits as the uncompleted panic. of the goods mcbm work, for incidental a consequential damages, and that no such adjustment be rude in favor of the Seller with respect to any goads which are the Sellers standard stock. No such termination shall relieve the parcome, err the Seller of any of their obligations as so any goad delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be msmcd within shirty (30) days from the date the change or lemtination is contract. 8. COMPLIANCE WITH LAW. The Seller warrants cut all good sold hercunda shall have been produced, sold, delivered and famished in stria compliance with all applicable laws coal regulations to which the goods are subject. The Seller shall aecute and deliver such documents as may bs firmi d to effect or evidence compliance. All laws and regulation required to be ncorpomted in agreements of this character arc hereby inew,un ed herein by this reference. The Seller agrees to indemnify, and hold we Purchaser harmless from all costs end damages suffered by the Purchaser as a reult of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfca or convey this order, or any monias due in to become due heeuMer washout the Prior written coastal of the other patty. I O. TITLE. The Seller winnow ow full, clear and mressricted title to the Purchases for all wryipment, materials, and isms frmiand th performme of this agreerant fie, and at. of my and all lion, restrictions, res 6., security interest encumbrances and claims father. The Seller's command obligations, including wommay, shall not be doomed to be reduced, in any way, because such work is pert rated or award to be performed by the Purchaser. l4. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by lever, patent, mdemark mr copyright, the Seller shall indemnify and save M-1— the Purchaser farm any and all claims far 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 of such infringement at any time during the prosecution or alter the completion of the work. In case said equipment, or any on thereof or the intended use of the goods, is in such suit held W constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own camerae and at its option, either procure for the Purchaser, the right to continue using said m.i,.t or parts, replace the same with substantially mml bat noninfdnging equipment, or modify it so it becomes noninGrnging. 15. INSOLVENCY. If the Seller shall become insolvent or baNcmpt, make an assignment for the benefit of creditors, appoint a camber or trustee for my of the Sellers pmpmy or busuress, this coda may forthwith be canceled by the Pumhaar without liability. 16. GOVERNING LAW. The definitions of twins wait or the interpretation ofthe agreement and the rights ofall panics hereunder shall be onsuued under and governed by the laws of the Slate of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is; to perform work hereunder, including the suarnma of Sellers Ro,resentative(s), on Ure premises ofofera 17. SELLERS RESPONSIBILITY. The Seller shall can, oa said work at Sellers own risk until the same is fully completed and accepted, and shall, in se of my accident, destruction or injury to the work aWor maeriak before Sellers final completion and acceptance, complete the .it at Sellers own as,. and to the inisfacuon of the Purchaser. When materials and equipment are f ishd by odium fat installation or erection by the Seller, the Seller shall receive, unload store and handle same at the sae rod become responsible therefor u though such materials andfr egat,., were being frmistd by the Seiler under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employers employed on or in correction with the work covered by this pmchate under, warm to their dependents in acwrdmce with the laws of the slate in which the work is m be done. The, Seller dull also nand comprebenaive general liability including, but nW limited to, controctual and automobile public liability imurance with bodily injury and death limits of at least 5300,000 for any one person, $500,000 for my one accident and property damage limit per accident of 5400,000, The Seller shall likewise require his contractors, if any, a provide for such compensation and itlsusance. Before my of the Sellers or his contractors employees shall do my work upon the Premises or others, the Seller shall famish die Purchaser, with a maturate that such mmpenatiew and insurance have been pmvidd. Such comforts shall specify the date what such compensation and insurance have been provided Such saw ifiams shall acnfy the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until enor the entire work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever a persons or property aused by or resulting tram the execution ofthe work Provided fat in this purchase order or in connection herewith. The Seller will indemnify and bold hvmlass the purehaser and any r all of the Purchasers oBictrs, agents and employees from and against any and all claims, losses, damages, charges m expenses, whether direct car indirect, and whether to persons or property to which the Purchaser may be put or subjert by reason of my act, nation, neglect, omission or default an the pan of the Seller, my of his contractors, or my of the Sellers m anda cti rs oMo., agents or ampioyas. In case my soil or ofa proceedings shall be brought against the Purchaser, or its fi icrn, agents or employees al my time on at. or by reason of any act, action, neglect, omission or default of the Seller of my of his contractors or any of its or their officers, agents or employes m aforesaid, the Sella hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, my and all judgments that may be incurred by or obtained against the Purchaser or my of its or their olticas, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or dowmat Winfit the property of the Purchaser, in said parties to or as a result ofsuch suits or other proceedings, die Sella will at ..at muse the same to be dissolved and dischargd by giving bond or otherwise. The Sella and his contractors shall take all safety precautions, Finnish and mull all gmMs nwesary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all muss and regulations issum pursuant thereto. Revised 0917014