HomeMy WebLinkAbout261792 NORTH FRONT RANGE MPMO - PURCHASE ORDER - 9150450Fort Collins
Date: 01/20/2015
Vendor: 261792
NORTH FRONT RANGE MPO
419 CANYON AVE SUITE 300
FORT COLLINS CO 80521
PURCHASE ORDER
PO Number Page
9150450 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: TRANSPORTATION PLANNING &
281 NORTH COLLEGE
FORT COLLLINS CO 80524
Delivery Date: 01/20/2015 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
i City of Ft. Collins
Estimated Local Match
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
53,631.52
Total
Pay terms net 30 days
Invoice Address:
52
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Teens and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is
I I. NONWANER.
98-04502. Federal Excise Tax Exemption Califcam of Registry gat-6000589 is registered with the Collector of
Failure of the Purchaser to insist upon strict safica era of the tam¢ and conditions Rase[ failure or delay fo
Intemel Revenue, Denver, Colorado (Ref. Colorado Revised Statute 1973, Chapter 39-26, 114 AT
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
brash, be air. ofar payment for goods hereunder ar approval of the design, shall act release the Sella of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due W defects of
any of the warranties or obligations of this purchase order and shall act be, demand a waiver of any right of the
damage in uansil, may be retumd to you far credit and art not to be replaced except upon receipt of written
purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such good, regardless
instructions from the City of Too Collins.
of when shipp d, received or accepla. as W any pdor or subugaent default hereunder, nor shall any purpo eel
sal modification err rescission of this pamhase order by the Purchaser operate as is waiver of any of the lama
Inspection GOODS am subject W the City of Too Collins inspection on artival.
hereof.
Final Acceptance. Rexcipt of the merchandise, service, or equipment in coarsest to this coda can result in
12. ASSIGNMENTOF ANTITRUST CLAIMS.
authorized payout sea the pan of the City of Fan Collins. However, it is to be understood but FINAL
Sella and the Wrehasn recognise that in actual economic practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violations are in fact home by the Purchaser. Theretofore, far good taus, read m consideration fro exemting this
purchase order, the Sella hereby assigns Ise the Purchma any and all claims it may now lave or hereafter
Freight Terms. Shipments most be F.O.D.. City of Fan Collins, 700 Wood St., Fan Collins, CO 80522, unless
acquired under federal or state antitrust may for such overcharges relating to the parleWm goods m services
otherwise specified on this order. If permission is given to Parlay freight and charge separately, the imposed freight
purchased or acquired by the Purchaser pursuant to this purchase other.
bill must accompany invoice. Additional charge for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Discover. Where manufacturers have disuibming paints in various pans of the country, shipment is
Ifthe Pushma directs the Sella.. correct ner.ofaaming or defective goods by is date to be agreed upon by the
expected from the armed distribution Point to desticatime, end excess freight will be deducted Imo Invoice when
Pmefuser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments are made from router distance.
may cause the work to be performed by the most expeditious means available m it, end the Sella shill pay all
costs asAwAtel with such work.
Permits. Seller shall procure at sellers sale coal all naesmry, permits, cenifmte, and licanse required by all
applicable laws, regulations, ordinances and miles ofthe stale, municipality, tenitory r political subdivision where
the work is performed, or required by any other duly conestirm d public authority havingjurisdiction over the work
of vendor. Seller fuller agrees to hold the City of Pon Collins harmless from and against all liability and loss
mural by them by rmmn of an manned or established violation of any such tows, regulations, ordimnces, toles
and requirements.
AnNodzation. All parties is this contract agree that the representatives are, in fact, bona fide and possess fun and
complete authority to bind said ponies.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tarns and conditions stated
herein set forth and any supplememury or additional terms and conditions annexed hereto or incorporated herein by
mfirrmm. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT' immediately ifyou cannot make complete shipment to arrive on your
promised delivery date as noted. Time is of the cssusc. Delivery and palarmunce muss 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,carial late deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Purchase, shall have, in addition to other Icgal and equitable remedies, the option ofplacing this order elsewhere
and holding the Seller liable for damages. Ilowever, the Set let shall not be liable for damages as a result of delays
due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence,
such acts of God, aces i fcivil or military authorities, govemmentel le amities, Tres, strikes, Rood, epidemics, wars or
hots provided that notice of the conditions musing such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof In the event of any such delay, the dam of delivery shall be,
extended for the period equal to the time actually Imt by season ofb, delay.
3. WARRANTY,
The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other dacriptiam given, will be ❑t for the purpme intended, and
performed with the highest degree of can and competence in accordance with accepted standard for work of a
imilar tout The Sella agrees to hold the purchaser hamdcas from any loss, damage we expeme which the
Purchaser may sulRr or incur on account of the Sellers breach of warrmty. The Sella shall replace, repair or make
good, without cast o be purchaser, any defects or faults arising within am (1) year or within such longer period of
time m may be presented by law or by the terms of any applicable wromnty Provided by the Seller after the doe of
acceptance of the good fumlshed hereunder (acceptance cat to be immeasurably delayed), resulting from imperfect
or defective work done at materials fumishrd by die Sella. Acceptance or our of good by the Purchaser shall not
emotions a waiver of any claim under this warranty. Except as otherwise provided in this purehae, order, the Sellers
liability hereunder shall extend to all damages proximately mused by the breach of any of me interior, it es
or guarantees, but such liability shall in no event include loss of profits or bu of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser rtay make changes to legal m. by wntca change order.
5. CHANGES M COMMERCIAL TERMS.
The Purchri may make any changes to the tams. Other than legal terms, including additions to or deletions from
the quantities originally ordered in the specifications or dmwinus, by veNal or writes change order. If any such
change affects the amount due or the time ofperfoemance, hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Puohoser may at any time by written change order, laminae this agreement es many or all Potion of be
goods then not shipped, subject to any equitable adjusment between the parties as to any wok or materials then in
progress provided that the Purchaser shall not be liable for any claim for anticipated profits on the uncompleted
portion of the goods maker work, for incidental or comequential damages, and that no such informal be made in
favor ofthe Seller with respect to any goods which sum the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller ofany offset, obligations as to any good delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be two ned within thirty (30) days from the date the change or lamination is
ordered.
8. COMPLIANCE WITH LAW.
The Sella warams that all good sold hereunder shall have been produced, Sold, delivered and famished in strict
compliance with all applicable laws and regulations m which the goods are subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required a Is,
incopomted in agreements of this character me hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless front all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or to became due hemander without the
prior written consent ofthe other Early.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items f ishd
in perfomaom of this agreement, free and clear of any and all Item, tenuousness. reservations, security interest
mcumbonces end claims fothers.
The Sella shall relrue the Purchases and its contractors of any ties from ill liability vend claims of any wtme
resulting from the perf ens afsuch work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, officers and employees fsuch party.
The Seller's commercial obligations, including woranly, shall not be deemed to be reduced, in any way, because
such work is performed or mused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is acquired muse any design, device, material or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save Formless the Purchaser from any and all claims for inGngement
by reason of the one of such Ddamed design, device, mammal 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
lufnngemem al any time during the pmsaulion or after it,, completion of the work. In care said equipment, or
any part thereof or the intended use of the goods, is in such .it held to constitute infringement and the use of
said ryulpman or part 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
noninMnging Muipment, or modify it so it becomes noninfnaging.
i S.MSOLVENCY.
If be Seller shall became insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
receiver or us trtee for any of the Sellers property or business, this order may forthwith he canceled by the
as Purcher without liability.
16. GOVERNING LAW.
The definitions of acmes used or the interpretation of the agreement and the rights ofall parties hereunder shall be
mmtrued order and governed by the laws ofthe State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Represenmtive(s), on the premises of others.
It. SELLERS RESPONSIBILITY,
The Seller shall tarty on said work at Sellers own ask unlit fiber same is fully complaint and accepted, and shall,
to case of any ucciden. destruction or injury to the work and/or materials before Sellers fat completion and
acceptance, complete the work at Seller's own experts, and to the satisfaction of the Purchaser. Wben materials
unit rquipmeat are fumixhed by others for installation or maian by the Sella, the Sella shall receive, unload.
start and handle name at the site and become responsible strategic as though such m atermis andrm equipment
were being fumishM by the Seller coda the order.
I R, MSURANCE.
The Sella shall, at his own expense, provide for the payment of workers compensation, including matrimonial
disease benefits, to its employees employed on m in rotmenion with the wok covered by this Purchase order,
adlor to their depadents in accordance with the lays of the state in which the work is to W done. The Sella
shall also tarty comprehensive general liability including• but not limited to, contractual and automobile public
liability, insure. with bodily injury end death Jan. of err Ivmm UOO.Oro for any one lurson, $100,000 for any
one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his
contarraccors, if any, to provide for such compensation and insurance. Before any of are Sellers or his contcacmrs
employees shall do any wok upon the premises of others, the Sella shill famish the Purchaser with a certificate
but such compensation and insurance have been provided. Such cenificases shall specify me are when such
compensation and incomes, have been provided. Such mrtifcams shall specify the date when such compensation
and insurance expire. The Seller agrees that such compensation and resonance shall he maintained until after the
entire and, is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby msumes, the cations responsibility and liability for any and all damage, lessor injury of any kind
or nature whatsoever to person or property caused by or resulting from the execution ofthe wok provided for in
this purchom order or in connection herewith. The Sella will indemnify and hold harmless the Purchaser and any
or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges or expemes, whether direct or indirect and whether to persons or property to which the Purchaser may
be per or subject by reason of any act, action, eaglet, omission or default sea the pen of the Sella, any of his
contractors, or any of the Sellers or contractors officers, 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 my act, action, neglect, omission or default of the Seller of any of his contractors or any of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume me defense Hereof and m
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 procedings, and in case judbment or other lien be placed upon or
obtained against the property of the Purchaser, or said parties in or as a result afsuch suits or order proceedings,
the Seller will an once muse the same to be dissolved and discharged by giving Fund or otherwise. The Seller and
his contractors shall take all safety precautions, famish and bound all gmrds necessary for the prevention of
accidents. comply with all laws and regulations with regard to safety including, but without limisarion, the
Occupmimml Safety and Health Ad of 1990 and sell toles and regulation issued put. thereto.
Revised 07/2014