HomeMy WebLinkAbout438171 BIKE FORT COLLINS - PURCHASE ORDER - 9150571PO
PURCHASE ORDER 9150571 Page
C117/ of PURCHASE
9150571 1 of 2
' `t Collins
Ins This number must appear
�.I ` J on all invoices, packing
sli s and labels.
Date: 0112312015
Vendor: 438171
BIKE FORT COLLINS
PO BOX 1632
FORT COLLINS CO 80522
Ship To: TRANSPORTATION PLANNING &
281 NORTH COLLEGE
FORT COLLLINS CO 80524
Delivery Date: 01/23/2015 Buyer: ED BONNETTE
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
SRTS K-8 Curriculum delivery 1 LOT LS 16,000.00
per WO#292901915-2015
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
Purchase Order Terms and Condit ons
Page 2 of 2
1. COMMERCW.DETAIIS.
Tax exemption. By sramte the City of Fen Collins is exam, from state and lead Most. Our Exemption Number is
98-0,1502. Federal Excise Tax Exemption Cautious of Registry 84-6000581 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Standen 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped cur due to defers of
damage in track, may be mtuared m you far credit cad aw not to be replaced except upon weript of written
instructions rrom the City affect Collins
lapec,lon. GOODS are subject o the City ofFort Collin inpxtion on arrival.
Fiat Acceptance. Receipt of the merchandise, services or equipment in rnpone to this order can result in
mummad Wflneat m the pan of the City of Fan Collim. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion of all applicable requited inspection procedures.
Freight Terms. Shipments ran, be F.O U., City of Fon Collin, 90) Wood St, Fen Collins. CO 80522, unless
otherwise specified on this order. If permission is given m prepay freight and charge separately, the original fight
bill must accompany invoim. Additional charges for packing will not h accepted
Shipment Distance. When, manufacturers have distributing points in various pans of the country, shipment is
expected from the nearest distribution point ,. desire....., and excess freight will be dedin ed flow Invoice when
shipments are made from greater distance.
Permits. Sella shall procure a, sellers sole call all necessary permits, cenificates and licenses required by all
applicable laws, regulation, ordinances and miss of the state, municipality, territory or polifical subdivision where
the work 6 performed, or required by my other duly constituted public authority having jurisdiction over the work
of vendor. Seller forther agrees to hold the City of Fan Collin harmless from and against all liability and loss
incurred by them by reason of an warned or wmblished violation of any such laws, regulations, ordimmcs, miles
and requirements.
Authorization. All parties to this contract agree that the representatives am, in fact, bona fide and possess full and
omplete nurbanty,. bind said panics.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the corms and condition stated
herein set forth and any mppleme fury or additional terms and conditions annexed here,. or incorporated herein by
reference. Any additional or different terms and condition proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you...at make complete chip.,., to arrive on your
promised delivery date res noted. Time is of the avorm. Delivery and performance most IM effected within the time
stared on the parchase order and the dammmrs attached hereto. No area of the Purchasers including, without
limitation, acceptance crowds] late deliveries, shall sperm, as a waiver ofthis provision. In the event ofmy May,
the Pu¢hasa shut] have, in addition to other legal and equitable counties, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Sella shall not M liable far damages as a retell of delays
due to causes rot comen ably foreseeable which arc beyond its «asomble control and without its fault of negligence,
such acts of God, acts ofcivil or military authorities, governmental pr on0es, rims, strikes, Daod, spidemim, wars or
,fors provided ,hat notice of the conditions causing such delay is ,on to the Purchaser within five (5) days of the
time when the Seller fast received knowledge thereof In the event of any such delay, the date of delivery shall be
extended for the parried equal to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifirmion, samplas tumor other descriptions given, will be fit for the purposes intended, and
Performed with the highest degree of can and competence In ancerdance with mrepaed standards for work of a
similar aware. The Sella agrees to hold the purchaser Markets is from my loss, damage or expense which Ran
Purchase, may suR or Valour on account of the Sellers breach of warranty. The Sella shall explore, repair in make
good, without cost to the purchaser, my defaces or f Its arising within one (1) year or within such longer period of
time as may be presenbnt by law or by the term army applicable warranty provided by the Sella after the date of
acceptance of the good mouthed hereunder (acceptance not to be unreasmubly delayed, resulting from imperfect
or defective work done or materials furnished by the Seller Acceptance or use of good by the Purchaser shall no,
consulate it waiver of any claim under this wamnty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by ,he 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 M FACE IANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purcbaef may make changes to legal terms by wrinew change order.
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make my changes to the terms, other than legal terms, including addition to or deletion, from
,he 9woraides originally ordered m the mocifca ks. or drawings, by veNal or written change order. If any such
change affects the amount due or the time of perfomance hereunder, an equitable wjuumen, shall be made.
6. TERMINATIONS.
'Ihe Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the
goods then not shipped, subject o 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 tin anticipated profits on We uncompleted
portion of the goods armor work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect,. any good which are the Sellers standard stack. No such termination shall relieve
the Purchaser or the Sella of my of their obligation as m any good delivered hereunder.
9. CLAIMS FOR ADJUSTMENT.
Any claim for atljusunen, must bit attened within Ni,ry (30) days flow the dime the change or temiretion is
ordered.
8. COMPLIANCE WITH LAW.
The Sella wamn6 Nat all goods sold hereunder shall have been produced, sold, delivered and fumished in strict
compliance with all applicable laws and regulation to which the good are subject The Sella shall execute and
deliver such doctor. as may he rawred to effect or evidence compliance. All laws and regulation required to be
ncoryomted in agrewents of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Puchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry, shall assign transfer, or convey this order, in any m rnics due or to become due hereuvde, without flan
prior wtinen roman ofthe other parry.
10. TITLE.
The Seller as. full, clw and unrwnicied title to IM Purchases far all a pripamen,, mmenals, and it. finished
n Performance of this adamant fees and clear of my and all lien, restrictions, reservation, security musical
encumbrances and claims of others.
11. NONWANER.
Failure of the Purchaser m rain upon strict performance of the, terra and condition hereof, failure or delay to
examise any rights cur remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Sella of
any of the wamakes or obligations of this purchase order and shall not be deemed a waiver of any right of the
purchaser to insist upon strict performance haeofor any of its rights or remedies as to any such goods, mindless
of when shipped, received or accepted, as to any prior or subsequent default Meander, nor shall any puryoned
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terns
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual mostromme practice, overcharges resulting from antitrust
violations are in fact borne by the purchaser. Theretofore, for good cause and in onidemtio fro executing this
purchase order, the Seller hereby assign to the Pmchaser any and all claims it may now have or femora
acquired under fMeral or some antitrust lawn for such macharges relating to the particular Fond w arnica
purchased or mquited by the Purchaser pursuant to this purchase will.
13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchases directs the Seller to comet nonconforming or defective goad by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates ors inability w unwillingness to comply, the Purchase,
may at. the work to be performed by the most expeditious means available .o i,, and fee Seller shall pay al l
cats associated with such work.
The Seller shall release the Pmchner and its comeaaors of any tier from all liability and claims of my were
resulting from the performance of such work.
This release shall apply wan in the <van of fault of negligence of the party released and shall earned to the
directors, officers and employers ofsuch party.
The Sellars contractual obligation, including wamnV, shall not be dcemed m be reduced, in my way, because
such work is performed or caused to IM performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required it) use any design, device, material or process covered by lever, parent,mdert
r copyright, the Sella shall indemnify and save broadest the Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, material to process in network. work the contract, and
shad indemnify the Purchaser for any cost, expense or damage which it may M obliged to pay by reason of such
infringement at any time during the prosecution or after the completion of the work. In rase said equipment, or
any can thereof or the intended use or the goods, is in tarn suit held to contim,e iMringemen, and the use of
said equipment or Pan is ,.joined, the Seller shall, or its own expense and ed its option, rocket p. fro the
Purchaser the ngh, an, continue ping said equipment or parts, replay the same with substantially equal bur
noninGmging equipment, or modify it m it becomes noninGnging.
15. INSOLVENCY.
If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of cra iders, ap,I., a
receiver or twor, for any of the Seller property or business, this order may forthwith be canceled by the
Purchaser Wilmot liability.
16. GOVERNING LAW.
The defin,ims if. used or the interpretation ofthe agreement and the rights of all pulses hereunder still be
confined order and governed by the laws ofthe Stare ofColorado, USA.
The following Additional Condition apply only in cases where the Sella is to perform work hemunder,
including the services of Sellers Representa,ivas), on the premises ofother.
il. SELLERS RESPONSIBILITY.
The Sella shall carry on said week at Sellers own risk uatl the some is fully rompleted and accepted, and shall,
in case of my accident, destruction or injury to the work ardor materials before Sellers final completion and
accepterm, complere the work at Sellers awn cap. and to the satisfaction of the Parebasec When..trusts
and equipment are fumished by others for installation or erection by the Seller, the Seller shall receive, unload,
some and handle same al ,he sin end become responsible therefor as though such materials anther equipment
were being famished by the Seller under the order.
18, INSURANCE.
The Seller shall, at his awn expense, provide for the payment croakers compensation, including occupational
discrete beaefits, as its employees employed on or in connection with the work covered by this purchase order,
andtor m their cu padows in accordance with the laws of the state in which the work is m be done. The Seller
shall also wry comprehensive ground liability including, but not limited m, commo mal and automobile public
liability insurance xiN IWJy injury and death limits of at brut S3W100 for my one person, 550Q0W for my
one accident and property damage limit per accident of S400,000. The Sella shall likewise require his
if any, ,. provide for such compenatinn and insurance. Before any of the Sellers or his contmcmn
employees shall do my work upon the premises of others, the Seller shall famish the Purchases with a rertificde
that such compensation and insurance have been provided. Such certificates shall specify the date when such
compensation and immure have been provided. Such certificates shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the
attire work u completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the its responsibility and liability far any end all damage, two or injury ninny kind
Nnature whatsoever m persn oor property caused by ce resulting from the execution of the work provided for in
is purchase order in in connection herewith. The Sena will harmony and Hold harmless the Purchases and my
or all of rise Purchasers oRcar, allows and employees rrom and again, any and all claims, looms, damages,
charges or expenses, whether direct or indiRm, and whether to parson or property to which the Purchaser may
M put or whalers by reason of any act action, neglw, omission or default on the pm of the Sella, my of his
onencom, or my of the Sellers or contractors officers, agents or employees. In case my suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at my time on account w
by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or
their .Ron, agents or employees as fr onsaid, the Seller hereby agrees to assume the defense thereof and to
defend the same st the Sellers own expense, m pay any and all costs, charges, atmaeys fees and other expenses,
any and all judgments that may this incurred by or obtained against the Purchaser or any of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property of the Purchases, or said parties in or a a result of such suits or order proceedings.
she Seller will in once cause the same to be dissolved and discharged by giving bond or otherwise. The Sella and
his contractors shift take all may Precautions, formal, and intall all guards naessary for the prevention of
accidents, comply with all laws and regulation with regard to safety, inhal but without limitasoon, the
Commitment Safery and Hwlth Act of 1990 and all rules and regulations issued pursuant thereto.
Revised 07n014