HomeMy WebLinkAbout466044 EXPRESS TOLL - PURCHASE ORDER - 3215073Fort Collins
PURCHASE ORDER
Date: 01/09/2015
Vendor: 466044
EXPRESS TOLL
E-470 PUBLIC HIGHWAY AUTHORITY
PO BOX 5470
DENVER CO 80217-5470
PO Number Page
3215073 1o12
This number must appear
on all invoices, packing
slips arid labels.
Ship To: STREETS DEPARTMENT
CITY OF FORT COLLINS
625 NINTH STREET
FORT COLLINS CO 80524
Delivery Date: 01/08/2015 Buyer:
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
2015 MISC 1 LOT LS 500.00
Total $500.00
P14
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. COMMERCIALDEPA1IS.
Tax exemptions. By shuttle the City of Fort Collins h exempt from cram and local taxes. Our Exemption Number is
11. NONWAIVER.
9"502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 u recovered widt the Collator of
Failure of life purchaser to imut upon strict performance of the terms foul conditions hereof, failure or delay m
Internal Revenue, Deaver, CoOri (Ref. Colorado Revised Summit 1973, Chapter 39-26, 114 (a).
exerrise any rights or remedies provided herein or by law, failure m promptly notify life Seller in the event of a
breach, the acceptance afar payment for goods herewder or approval of the design, shall not release life Seller of
Goads Rejected. GOODS REJECTED due to failure to meet specifications, eilher when shipped or due to defects of
my of the warranties or obligations of this purchase order and shall not be deemed a waiver of any fight of the
damage in transit, may be returned to you for credit and are not ma be replaced except upon receipt of written
purchaser to insist upon shin performance hereof or any of its rights or remedies to, to any such goods, regardless
instruction fmm the City of Fon Collins.
of when shipped received or accepted, in to any prior or subsequent default hereander, nor shall any puryorted
oal modification or rescission of this purchase order by the Purchaser operate m a waiver of my of the tema
Inspection. GOODS are subject to the City ofFon Collins ims,sebon on arrival.
hereof.
Final Acceptance. Rmeipt of life merchandise, services or equipment in responae to this order can result in
12, ASSIGNMENT OF ANTITRUST CLAIMS.
amounted Poymmt on the Pm of the City of Fort Collin. However, it is to be uvderstood that FINAL
Seller and the Purchaser recognize that in actual a is practice, overcharges resulting fmm m tiuust
i
ACCEPTANCE is dependant upon completion Ofall applicable minimal inspection procedures.
violation are in fact borne by the purchaser. norcho ore, for good cause and as wmidemdon for assuming this
Pirelli miles, the Seller heeby ssigna to the Purchaser my and ell claims it may now have or hereafer
Freight Terror. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless
acquired miler federal or state national laws for such mxrebarges relating On the particular goods or services
otherwise specified on this Omer. Ypermission is given to prepsy fight nail charge separately, the original freight
purchased or acquioul by the purchase pun xam re this purehose Order.
bill most accompany invoice. Additional charges for packing will cot be accepted.
13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing Points in various pans of the country, shipment is
If the Pumhoser directs the Seller to correct nonconforming or defective goods by a dm to be agreed upon by the
expected from the nearest distribution point to destination, and excess freight will be deducted from Imoife when
Purchaser and the Seller, and he Seller thereafter indicates its inability or unwillingness to comply, the purchaser
shipments are made from greater distance,
may cause the work to be performed by the most expeditious ream available to it, and the Seller shall pay all
casts associated with such work.
Permits. Seller shall p.. at sellers .to cost all necessary permits, certificates and lieximes "mrsil by all
applicable laws, mguladons, indications and mles of the state, municiW Itty, territory or political sabdivision where
the work is performed, or "amid by my other duly comtimted public authority havingjunsdiction over the work
of vendor. Seller further agrees to hold the City of For Collins harmless fmm and against all liability and loss
incurred by them by.. of m secured or establubM violation of my such laws, regulations, amirmmes, roles
and requirements.
Authorization. All parties to this contract agree that the representatives am, in fact, born Ede and Not full and
complete authority to bind said parries.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance m the terms and conditions stated
herein set forth and my supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different erms and conditions proposed by seller arc objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you carol make complete shipment to come on your
promised delivery date in noted. Time is of the essence. Delivery and performance most be effected within the time
stated on the purchase order and the documents arched before. No acts of she Purchasers including, without
limitation, acceptance of partial late deliveries, shall climate m a waiver ofthis provision. In the event army delay,
the Purchaser shall have, in addition to other legal and aryitsble remedies, she option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall cot be liable fur damages in a result of delays
due to wales not reasonably f ,able which are beyond its reasonable control and without its fault of negligence,
such arts of God, nth of civil or military amhorities, govemmrnhl priorities, fires, stokes, Rood, epidemics, wars or
riots provided that mutt of the conditions causing such delay is given P, the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof In the event of my such delay, she date of delivery shall be
extended for the period equal to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller warrants that all goods, miclea, materials and work covered by this order will conform with applicable
drawings, specification, samples andfor other descriptions given, will be fit for the puryoses intended, and
performed with the highest degree of care and competence in accomarn a with asserted standard for work of a
similar wrote. The Seller agrees to hold the purchaser haomless form my loss, damage of expense which be
Purchaser may suffor or incur m s omart alone Sell. bmcb of wa V. The Seller shall total., repair or make
good, without cost as the purtbaser, my defects or fmlrs nosing within one (1) year or within such longer period of
time m may be prescribed by law or by the toms of my applicable warranty provided by the Seller after the date of
acceptance of the good ftuauhnd hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect
or defeat, work done or materials fumishnd by the Sella. Accepmnce or use of good by the Purchaser shall not
constimm a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sell.
liability hereunder shall astound In all damages proximately caused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Pumhasn may make changes to legal mums by women change under.
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make my Asm,ev o the acces, offer man legal useres, inclusion, additions to or deletion from
the quantities onginally ordered in the specifications or dawns x, by varied or written change order. If my such
change officers the amount due or life time ofperformance hereunder, an equitable ndjuummt shall be made.
6. TERMINATIONS.
The Purchaser may at any time by women change omen terminate this agreement os to any or all po ours of the
,..its then out shipped, subject many equitable adjustment between the partite as to uny work or materials then in
Progress provided that the Purchaser shall nut be liable for any claims for anticipated profits on the uncompleted
ponim of the good andor work, for incidental or cone untial damages, and that no such adjustment be made in
favor night Seller with respect to any good which am the Sellers standard stock. No such termination shall relieve
thc Purchaser or the Seller of my oftheir obligations as to my goods delivered Forecasts.
T. CLAIMS FOR ADJUSTMENT.
Any claim for ndJmtment most be averred within thirty (30) days fmm the date the change or termination is
ordered
8. COMPLIANCE WITH LAW.
The Seller warrants that all good sold hereunder shall have been produced, sold, delivered arul famished in shout
compliance with all applicable laws and regulations to which the goods am subject The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations cryuircd to be
incorporated in agreements of this character arc hereby incorporated heroin by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the
Sellers failure m comply with such law.
9. ASSIGNMENT.
Neither party shall assign, mansfer, or covey this order, in my monies date or to become due hereunder without the
,nor worn consent oftho order any.
IRTITLE.
The Seller wamnts Full, clear not mresmeted title in the Purchaser for all ea opment materials, and items famished
in performance of this agreement, free and clear of my and all liens, restrictions, reservations, security interest
encumbrances and claims airlines.
The Seller shall release the Purchaser and its contractors of any ties from all liability and claims of my future
resulting from rate performance ofsuch work.
This .1 . shall apply exist in the evmt of fault of negl,ento of the an, focused and shall extend m the
direcmrs, olfcer, and employms ofsuch party.
The Sellers contractual obligatiom, including warmty, shall not be demand to be reduced, in any way, became
such work is performed or caused to be performed by the Purchaxr.
14. PATENTS.
Whenever the Seller is requited m use my design, device, malenal or process covered by letter, patent, hudamark
r copyright. the Seller shall indemnify and save hornless the Purchaser from any not all claims for infringement
by reamn 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 as pay by reason ofsuch
infringement at my time during the prexecution or after the completion of the work. In case said equipm rig, or
any out thereof or the intended use of tM good, is in such suit held a consemte infringement and the toe of
said ali ip se m or Not is arpmed, she Seller shall, at its own expense and at its option, cither pravre for the
Purchaser the fight W coninue wing said equipment or puts, replete the same with miumantialty equal but
nonfi fnging equipment, or modify it to it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
muciver or trustee for any of the Sellers pnperty, or business, this order may forthwith be canceled by the
Purchaser without liability.
16, GOVERNING LAW.
The definitions of terns tend at the interpretation of the agreement and the rights of all parties hereunder shall i,
construed under and governed by the laws Ofthe State OfColomdo, USA.
The following Additional Conditions apply only as cases where the Seller is to perform work bemunder,
including the services orS,11. Repoesentaticask on the promises ofi thers.
IT. SELLERS RESPONSIBILITY.
The Seller shall carry an said work at schoes own risk until the same is fully completed not accepted, and shall.
in case of any accident, destruction or injury to the work stupor materials before Sellers fcal completion and
acceptance, complete the work at Sellers own expense and m the satisfaction of the Porches,. When materials
and equipment are f rmishnd by others for installation or erection by the Seller, she Seller shall receive, unload,
store and handle some at the site and become responsible therefor in though milt materials and/or equipmml
were being fiunishM by the Seller under life order.
IS. INSURANCE.
The Seller shall, at his awn eeNcese, provide for the payment of wohm compmsemm including occupational
disease hoefts, to its employees employed on or in camection wit the work covered by Nis purchase order,
ardfof to their depeMmts in accordance with tbe laws of the state in which the work is m be done. The Seller
shell cote cot, romprelmensive general liability mclin iug, but not limited to, contrmwl and automobile public
liability assurance wit bodily injury wall death limits of al lout 5300.00o fur any one person, S500,000 fur any
one accident rid property damage limit per accident of $400,000. The Seller shall hknvise require his
for ation, if my, to provide for such compensation and insurance. Before any of the Sellers err his eontmctors
employees shall do my work upon the premises of others, the Scller shall Fumuh the Purchaser with a certificate
that such compensation and insurance have been provided. Such certificates shall specify the date when such
ompensation and insurance have been provided. Such comficmes shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the
entire work is completed wad accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sell -hereby assumes the entire res,amfilay and liability far any end ill damage, lass or injury ofnay kind
r nature whatsoever a persons or property caused by or resulting from the execution Offfe work Provided for in
this purchase order or in connection herewith. The Seller will indemnify and Mid bmmless the Purchas-and my
or all of the Purchasers officers, agents and employees fmm and against my and all claims, losses, damages,
charges or expenses, whether direct or indirect and whether coo persons or property, to which she Purchaser may
be Put in subject by teacart of my act, mrion, neglect, omission or default on tha pan of robe Seller, my of his
contractirs, or my of the Sellers Of contractors Officers, agents Or employees. In case nay suit or other
proceedings shall be brought against he Purchaser, or its officers, agents or employees at any time on account or
by reason of my sect action, neglect omission or default of the Seller of any of his contractors or my of its or
their officers, agents or employees m afnresaiJ, the Seller hereby agrees to foo me the defense thereof and re
defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expcmes,
any and all judgments that maybe incurred by or obtained against the Purcluuer or my of its of their officers,
agents or employers in such suits or other proceedings, and in case judgment or older lim be placed upon or
obtained agaimm Ore property of the Purchaser, or said parties in or as a result of inch suits or order praendings,
the Seller will at once cause, the some to be, dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall his all safm precautions, fomish and install all guards revisionary f the prevention of
accidents, comply with all laws and regulators, wish regard to safety including but without limitation, the
Occupational Safety and Health Act of 1970 and all roles and regulations issual p.uant fi erem.
Revised 070014