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HomeMy WebLinkAbout426762 50-50 GROUP LLC - PURCHASE ORDER - 9150053Fort Collins Date: 01/07/2015 PURCHASE ORDER PO Number Page 9150053 1of2 This number must appear on all invoices, packing slips and labels. Vendor: 426762 Ship To: MIS 50-50 GROUP LLC CITY OF FORT COLLINS DAVID LARSON 215 N MASON, 3RD FLOOR 825 TURMAN DR FORT COLLINS CO 80524-4408 FORT COLLINS CO 80525-9310 Delivery Date: 01/07/2015 Buyer: ED BONNETTE Note: PER MISCELLANEOUS PSA-BART DEVELOPMENT AND CONSULTING WITH . 50-50 GROUP LLC (DAVID LARSON). AGREEMENT IS RENEWED THROUGH 12/31/15. THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity Ordered UOM Unit Price Extended Price BLANKET PO FOR 2015 1 LOT LS 20,000.00 BART MGD SVCS - JHECKMAN 2 BLANKET PO FOR 2015 1 LOT LS 30,000.00 BARTENHANCE- JHECKMAN 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@fogov.com 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 exemptions. By statute the City of Pon Collins is exempt fmm state and local taxes. Our Exemption Number is 9840g502. Federal Exciee Tax Exemption Certificate of Registry St-60W587 is registered with the Collector of Internal Revenue, Davey Colorado (Ref. Colorado Revised Standes 1973, Chapter 39-26, 1 W (Q. Goods Rejected. GOODS RMECTF.D due to failure m meet specification, either when shipped or due to defects of damage in anion may be merged go you for credit and age not to be replaced except upon receipt of wnnen instructions fmm the City of Fort Callln. Inpection. GOODS ere subjeca to the City of Pon Collins hapation on consul. Find Acceptance. Receipt of the merchandise, services n equipment in resparme to this order canresult in authorised payment on the pan of the City of Fort Collins.0However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight i'emss. Shipments must be F.O.B., City of Fan Collins, 70) Woad St, Fon Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges far packing will not be accepted. Shipment Distance. Where manufacturers have distributing polar, in aricus pans of the country, shipmem is expected from the marest distribution point to destination, and excess freight will be &dueled hung Invoice when shipments; arc made from greater distance. Perms. Seller shall procure at sellers sole cost all necessary permits, eenificates and licenses required by all applicable laws, ruguliumaw, ordinances and mice of the site, municipality, territory ar political subdivision whew the work is performed, or required by any other duly constituted public authority having jmodictim over the work of vendor. Seller further agrees to hold the City of Fiat Collins hmmless hum and agairut all liability and loss figunifted by them by mason of an asserted of established vdolatam Of my such laws, regulation, ordinances, roles rend requirements. AuOwnvtion. All ponies to this contract agree that the m,amsenmtivvs are, in fact, Norm fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance, ao the rams and condition Stated herein set forth and very supplementary or additional tern and candnions arcing hereto or incorpommd herein by reference. Any additional or different terns and condition proposed by seller art objected to and hereby rejected 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cawot make complee shipment ao wave on your promised delivery dam as noted. Time is ofthe essence. Delivery and performance most be eR ted within the time stated on the purchase order and the documents attached hereto. No ace, of the Purchasers including, without handinn, win lance of partial lee deliveries, shall operate as a waiver of this picaiman. In the event of any delay, the Pumhasa shall have, in addition to other legal and aluimble remedies, the option affiliating this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not easonably f eraaable which are beyond its reasonable control and without its fault of negligence, such acts of God, vets ofcivil or military authorities, governmental priorities, fires, strikes, fin d, epidemics, wars or rims provided that notice of the condition, caning such delay is given to the Purchaser within give (5) dap of the time when the Seller first received knowledge thereof In the event of any man delay, the dam of delivery shall be extended for the period equal to the time actually lost by action ofthe delay. 3. WARRANTY. The Seller warewts be, all good, snicle,, mammals and work covered by this other will conform with applicable drawings, specification, samples and/or other description given, will be fit for the purposes intended, and performed with the highest degree of care and competimce in accordance with ec m,nal standard for work of a similar to.. The Seller agrees to hold the purchaser harmless rm sty lass, damage or expense which the Purchaser may suffer or incur on account of the Sella breach of wemenly. The Seller shall replan, repair or make good, without cost to the purchaser, any defaces or furls arising within one (1) year or within such longer period of time as may be prescribed by law or by the terns ofmy applicable wmmnty provided by the Seller after the date of acceptance of the goods Amended hounder (acceptance not m be wareasorubty delayed), resulting from imperfect Or defective work done or materials famished by the Seller. Acceptame muse of goods by tha Purchaser shall not continue a waiver of my claim under this wammy. Except res otherwise provided in this purchase order, the Sella liability hereunder shall extend to all damages proxbarind, caused by the French of any of the f going warromties or param ma, but such liability shall in w event include la%of profs 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 terns by written change order S. CHANGES IN COMMERCIAL TERMS. The Punch - may make any changes m the terms, other than legal terms, including addition, to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change of fie. s the amount due or the time ofpedo mane hereunder, an equitable adjustment shall to made. 6. TERMINATIONS. The Purchaser may at any time by woman change Order, terminate this agreement as 1. any Or vll loman, of the goads then not shipped, subject to any equitable adjustment between the panics as m any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted partion ofthe good and/or work, for incidental or consmumnal damages, and that ne such adjustment be made in favor ofthe Seller with respect to coy good which are Ne Sella standard stork. No such termination shall relieve the Purchaser or the Seller ofany oftheir obligation as to any goods delivered hammer. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjesgment rant be asserted within tlurty (30) days fmm the date the change or samioatlon is ordered. S. COMPLIANCE WITH LAW. The Seller warrants thaw all grinds sold hereunder shell have been produced, said. delivered and furnished in stict compliance with all applicable laws and ne larion to which the goods are subject The Seller shell execute and deliver such daumims as may be, required to eHem Or esidrntt complunce. All laws and regulations required to be ncorporated in agreements of this character am hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless hum all casts and damages suffered by the Purcheur as a result of the Sellers failure m comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without she prior written consent of the other party. 10. TITLE, The Seller warrants full, clear and un winded title to the Purchaser for all equipment, materials, and items nominated in performance of this agreement, free and clew of any and all lien, ingratian, resercatiom, secunty interest encumbrances and claims of others. 11. NONWAIVER. prime, of the Purchaser to insist upon strict perforing of the germs and cnodition hereof, failure or delay er exagaim my rights or remedies provided herein or by law, failure m Promptly notify the Seller in the went of a breach, the occurrence of. paymena for good hereunder or approval of the design, shall not Al. the Salley of any of the warrmiii s or obligation of this purchase order and shall rat be denial a waiver of any right of the purchaser to insist upon strict performance hereofor any Of its rights or remedies as to coy such Rand, regardless gf when shipped, received or accepted, as to any prior or substyurnr default heremence, nor shall any purported good malification or rescission of this purchase order by the Purchaser opmm as a waiver of any of the mms hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Purchaser mansion, that in actual Inorganic Proxmire, osercharges resulting from .,I.,violations are in fact home by the Purchaser. Theretofore, nfor rgood cause and as consideration for executing this Purchase order, the Seller hereby resign to the Purchaser any and all claims it may now have or hereafter acquired under federal or state waiting laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant ra this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective good by a dale to he agreed upon by the Pembina and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work m No performed by the most expedition mean available to it, and the Seller shall pay all cos associated with such work. _ The Seller shall releom the Purchaser and its coatractors of any our from all liability and claims of any nature resulting from the performance afsuch work. This release shall apply wen in the event of fault of negligence of the parry gelaugal and shall extend to the dimmum, oRcm and employes afsuch pansy. The Seller's contactual obligation, including warranty, shall not be deemed to be reduced, in any way, baane soh work is performed W caused tO be performed by the Purchaser. la_ PATENTS. Whenever the Seller is maiming to use any design, device, marginal or process covered by lever, patent, modemak or copyright, the Seiler shall indemnify and save harmless the Purchaser fmm any awl all claims for infringement by reason of the sex of such patented design, device, material or process in mrmection with the contract, and shall indemnify the Purchaser for any cost, experese or damage which it may be obliged to pay by reason of such infriegement in any brae during the prosecution or after the complet— of the work. In cam said equipmrnt or any pan thereof or the intanded use of the goods, is in such suit held in com uste 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 the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfnnging equipment, ar modify d so it becomes naninfringim. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for me benefit of andor, , appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith doe canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition oftems used or the interpretation of the agreement and the rights of all ponies hereunder shall be comtmed order and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in taus where the Seller is to perform work hereunder, including the services ofSellm Represenmtive(s), on the premises clusters. IT. SELLERS RESPONSIBILITY. The Seller shall carry i n said work a Sellers own risk it the same u fully complaed and accepted, and shall, in one of any mcidimg, ciawction or injury to the we& and/or maraials began Seller's fire[ completion and game nonce, complete the work in Sellers own expecting, and is the satisfaction ofthe Purchaser. Whim materals and equipment ere famished by othm for inmlligamn or erection by the Sella, the Seller shall receive, unload, store and handle same at the site and become responsible fl mfor as though such mrmords and/or equipment were being famished by the Seller under the order. I8. WSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including ocmpaional disease benefirs, to its employees employed on or in cowection with the work covered by this purchase coda, reactor to their dependants in acordance with the laws of the sate in which the work is to be done. The Seller shall also cony cumprehamve general liability including, but not limited to, contractual and automobile public liability inurance with ba hly injury and death lame, of at least 53W,000 for any one person, S500,000 for any one accident and prupaty damage limil per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before coy of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall finish the Purchaser with a certificate that such compensation and inumnce have barn provided. Such certificates shall specify the date when such compensation and inurance have been provided. Such calif ram, shall specify the date when such compensaion and insurance expires. The Sella agrees that such compensation and instance shall be maintained until after the entire work is completed vad accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the anti¢ rasponsibiliry and liability for any and all damage, loss or injury ofany kind or venue whatsoever m person or property mused by or resulting fmm the execution of the work provided for in this pmchvse other or in connection herewith. The Seller will indemnify and hold harmless the Purchases and any r all of the Perelman oM., agents and employform and agreed any and all claims, l, damagea, caees harges o eapemes, whatter direct or indirect. mad whether to persons err property, to which the Pumnager may be, pm or subject by examen of my act, action, neglect, omission or default on the not of the Sella, any of his contmmori, or any of the Sellars or comeaclogs otiien. sigmas or employees. 1. case any suit or other proceedings shall be brought against the Purchaser, or its officm, agents or employees at any time on account or by reason of any act, rtion, neglect, omission or default of the Sella of any of In contractors or any of its m Ne'r oRicers, agents or employees as of ssid, the Seller hereby agrees to assume the deferuse thereof and to defend the same at the Sellers awn expense, to pay any and all costs, charges, attorneys fees and other 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, end in case judgment or other lien be placed upon or Obtained again, the property, of Na Purchase,, or said ponies I. or as a resull ofsmh suits or other proceedings, the Sella will at once cause the same to be dissolved mad diuhargoal by giving bond or otherwise. The Seller and his contractom shall Like all safety precautions, famish mad inmll all good necessary for the pmvenaion of accidents, comply with all laws and regulation with regard to safety including, but without limitation, the Occupational Safety and Hearth Act of 1970 and all rules and reguhumn issued pursuant theaan Revised 0712014