HomeMy WebLinkAbout438171 BIKE FORT COLLINS - PURCHASE ORDER - 9150572Fort Collins
Date: 01 /23/2015
Vendor: 438171
BIKE FORT COLLINS
PO BOX 1632
FORT COLLINS CO 80522
PURCHASE ORDER
PO Number Page
9150572 1of2
This number must appear
on all invoices, packing
slips and labels.
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
Safe Routes to School-KFCG 1 LOT LS 11,000.00
WO #1-901024-15
Total $11.000.00
i
;AY�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@fcgov.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. COMMERCIALDETAT6.
Tax exemptions. By Mind, the City of FortCollins is exempt fmm state and local taxes. Our Exemption Number is
H.NONWAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Failure of the Purchaser to insist upon strict performance of the to— and conditions harem[ failure or delay t0
borned Revenue Denver, Colorado (Res. Colorado Revised Saudis 1973, Chapter 39-26,114 (a).
exercise any rights or rem dies pleaded herein ar by law, failure to promptly notify the Sella in the event of a
breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of
Goods Rejected GOODS REJECTED due to failure to men specifications, either when shipped or due to defects of
MY of the womanties or obligations of this purchase order and shall not he deemed a waiver of My right of the
dumage in Ransil, may ha retumd to you for credit and are at m be replaced except upon receipt of written
purchaser to insist upon strict performance hereof or any of its rights or remedies m to my such goods, regardless
immusitions from the City of Fort Collins.
of when shipped, received or nactood, as as any prior or suhsequenn default hereunder, ter shall any purported
oral modification or rescission of this purchase order by the Purchaser opem,e in a waiver of my of the terms
Inspection. GOODS are subject to the City of Ton Collirs impatiaa on carried.
hereof.
Final Acceptance. Receipt of the merchandise, sate or equipment in response on this order canresult in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the part of the City of Fort Collins. Howeve, it is to be understood thatFINAL
Sella and the Purchaser recognize that in actual anm is practice, overcharges resulting fromarriedt
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violations are in fact home by the Purchasa. Tbernofore,for good came and m consideration for executing this
purchase order, the Seiler hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Teens. Shipments must ha F.O B., City of Tom Collins, 700 Wood St., Fort Claim, CO 80522, unless
acquired under federal or state antiwn laws for such overcharges relating to the particular goods or sameas
otherwise specified on this order If pamassion is given to prepay fmgh, and charge sepmately, the original freight
purchased or acquits by to Parchaser pursuant to this purchase order.
bill most accompany invoice. Additional charges for picking will rat ha accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distribming points in vanom pans of tha country, shipment is
Ifthe Purchmer facets the Sell"u, ammet nonconforming or defective goods by a dte to ha egrets upon by the
expected from the nwrest distribution point to destiwtion, and excess freight will be devoted fmm Invoice when
Purchmer end the Sella, and the Seller thereafter indicates its irabidity or unwillingness to comply, the Purchase,
shipments are made from greater distance.
may cause the work to be performed by the most expeditions means available to it, and the Seller shall pay all
costs associated with such work.
Permits. Seller shall procure at sellers .to nxt all necessary permits, certifcitm and licenses required by all
applicable laws, regulations, ordinances and mica of the state, municipality, territory or Political subdivision where
the work is performed, or required by any other duly considered public authority having jurisdiction ova the work
of vendor. Sella further macs to hold die City of Fon Collars harmlas, fmm ad against all liability and loss
courted by them by reason of an asserted or established vamda vn of any such laws, regulations, ordammm, miles
ed requirements.
Authorization. All parties to this contract agree the, he romeuntabves are, in fact, bona fide end passe. full end
complete authority to bind said panties.
LIMITATION OF TERMS, This Purchase Order expre.ly ]units acco m ea to the tears and conditions stared
herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
ofereace. Any additional or dBdrmuems and condition proposed by seller are objected to sd hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date m noted. Time is of the esseme. Delivery and performance matt be a@aed within the time
stated m the purchase order and the documents attache hereto. No tics of the Purchasers including, without
limimmial, acceptance of partial late delivenes, shall operate as a waiver ofthis provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable fir damages as a road, of delays
due to causes not reasonably foreseeable which are beyond its rersorable central and without its fault of negligence,
such acts ofGod, acts of civil or military authorities, governmental priorities, fires, stakes, Rood apidedaca, wars or
nos ProvdNthat notice of the codatiom causing such delay is given to the Purchmer within five (5) days of ere
time when the Sella first received knowledge thereof. In the event of any such delay, the date of delivery shall ha
extended for the paid equal in the time actually lost by reasmn ofthe delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will cant with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes amended, and
performed with the highest degree of rare and competence in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold the purchaser harmless fraud any loss, damage or expense which the
Puchmer may sufferer incur on account of the Sellers breach o'warranty. The Seller shall replace, repair or make
good, without cost to the purchaser, my defers or faults mining within one (1) year or within such longer period of
time m may be prescribed by law or by the tams ofany applicable womanly provided by the Seller after tha date of
acceptance of the goods furnished haverag r (acceptance not to be uareasovbly delayed), resulting fmm imperfect
or defective work done or matcnals firrnishd by the Seller. Acceptance or me of good, by the Purchaser shall not
constitute a waiver of any claim under this warranty. Except m otherwise provided in this purchase order, the Sellers
babil iry hereunder shall extend to all damages proximately caused by the breach of any of the Elegiac, warranties
or guarantees, but such liability shall in no event include lass of profits or loss of me. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
no Purchaser may make changes to legal toms by wxium change Order.
5. CHANGES IN COMMERCIAL TERMS.
The Pmchzser may make any changes to the to.. order than legal teens, including additions to or delmom from
,be gnantices onjiiwlly ordered an the specifications or drawings, by verbal or written change order. If any such
change affects the amount due or the time ofperformance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Parchama may at my time by somen change oiler, terminate Nis agreement as to any or all poniom of the
good then rat shipped, subject to my equitable adjustment noween the Famous as as my work or materials then in
Progress pravdd that the Purchaser shall not be, liable for any claims for anticipated profits on the uncompleted
portion of the goad radar work, for incidental or coasequentell damages, and that An such adjustment be, made an
favor of the Seller with import to any goods which are the Sellers standard stock. No such termination shall relieve
the purchaser or the Seller ofmy of the, obligations as to my goods delivered hereunder.
9. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thiry (30) days from the date the change or lamination is
ordered
8. COMPLIANCE WITH LAW.
The Sella warrants that ell goods sold hauunder shall have been produced, sold, delivered and fmished in stria
compliance with all applicable laws and regulations to which far goods are subject, The Seller shall execute ad
deliver such documents m may be required to effect or evidence compliance. All laws not regulations required an be,
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser hamdess from all costs and damages suffered by the Purchaser m a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall a.ign, transfer, or convey His order, or my mmndes due or to become due heremder without the
prior wrinea at ofthe ether party.
10. TITLE.
The Seller warrants full, clear and unrwuiched title to the Purchmer for all equipment. diamonds, and items famished
in performance of this itacemeet fire and clear of any and ill hers, resuimom, reservations, srcuriry interest
encumbrmcca and claims of others.
The Seller shall reason the Purchaser and its contractors of any tier from all liability and claims of My mime
resulting from the performance afsuch work.
This ocicase shall apply men in the event of fault of negligence of the Forty, rclemed ud shall extend to the
directors, officers and employees ofsuch parry.
The Sellas contractual obligations, including womanly, shall not be dated to be reduced, in any way, because
such work is performed or caused m be performed by the Purchaser.
14. PATENTS.
Whenever the Seller u rrydred 1. use any design, device, maenad ar pence. covered by lamer. patens, andemark
or copyright, the Seller shall idemnity and save harmless the Purchaser fmm any and all claims for amingement
by reason of the use of such patrnled design, device, rmtenal or process in c.d.. with the ...a, and
shall hdenmify the Purchaser for any case, expense, or damage which d may be obliged to pay by reason of such
infringenrcnt at any time during the prosecution or after the completion of the work. In rise load rydpmenl, or
My pan thereof or the intended use of the gods, is in such suit held to constitute infringement and the me 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
noninfringing equipment, or modify it so it becomes noninfi nging.
15, INSOLVENCY.
If the Seller shall become insolvent or handicraft, make an assignment for the benefit of ceadlters, appoint a
receiver or mstee for my of the Sellers property car business, this order may foMwath be canceled by the,
Puchaur without liability
16. GOVERNING LAW.
The definitions ofterms used or the interpretation afthe agreement and the rights of all parties hereunder shall be
construed under and governed by the laws of the Smite of Colomdo, USA.
The following Additional Conditions apply only in taus where the Seller is to perform work hereuder.
including the services of Sellers Ra presentafive(s), on the premues of others.
17. SELLERS RESPONSIBILITY.
The Seller shall wry on said work at Sellers own risk mail the same is fully mmpletW and diam d, ad shall,
in sou of my accident, destruction or injury to the work andnm marmots before Sellers East completion and
acceptance, complete the work at Sellers own expense and to %e satisfaction of the Parabola. When materials
and equipment are furnishd by others for dstallaho t or create. by the Seller, the Seller shall receive, unload,
store and handle same at the site and become reepomable therefor as though such materials md/or equipment
were using famished by the Seller under the order.
18. INSURANCE.
The Seller shall, at has own expense, provide for the payment of workers compensation, including occupational
disease benefits, to as employees employed on or in comechm with she wank covered by this purchase order,
number to their dependents in accordance with the laws of the state in which the work is to be, dare. The Seller
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with homily injury and death limits of at least 5300,000 for any one persoq 55M',W9 far any
one occident and property damage limit per accident of S400,1100. The Seller shall likewise require his
ontmame, it any, d provide for such compensation and insurance. Before any of the Sellers or his contmoers
employees shall do my work upon the premises of others, the Seller shall punish the Purchaser with a certificate
that such comPensation and aosm eve have been provided. Such cemficii shall specify the date when such
compensation ad insurance have been pma dad. Such certificates shall specify the date when such compensation
and insurance expires. The Seller agrees that such compemation and insurance shall be maintained mil aver the
entire work is codpdad ad mcepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the artire responsibility and liability for any and all damage, loss or injury ofany kind
r nature whatsoever to Persons or property caused by or marine, from the execuhon of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
r all of the Purchasers officers, agents and employees fmm and against my and all claims, losses, damages,
charges or expenses, whether dbect or admact and whether to persons or property to which the Purchaser may
be put or subject by reason of my tic, action, raglan, omission or defeat, an the pen of the Seller, my of has
ventnptars, or my of the Sellers or contractors officers. agars, Or employees. In case my suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at my time an account or
by reason of My art, order, neglect, omission or default of the Seller of My of his contractors or my of its or
their officers, agents or employees as aforeud, the Seller hereby agrees to msume the defense Thereof and or
defend the same at the Sellers own expense, to pay any and all costs, charges, atmmeys fees and other expenses,
any and all judgments felt may be incurred by or obtained against the Purchaser or any of its or their officers,
agents or employees in such suits or other preadings, and in case judgment or other lien he placed upon or
obtained against the property of the Purchmer, m road parties in or an, a result of such suits or adult procedngs,
the Seller will at once cause the same Ira be damelved and dauhargd by lining brad or otherwise. The Seller and
has conlrmaors stall rake all may preeinums , firamb and install ill guards necessary far Be provemdn of
accidents, comply with all laws and regulations with regard to safety including, but wdhou, limndamn, the
Occupatioual Safety and Health Act of 1970 and all roles and rrgulmiom issued pursuant Hereto.
Revised 07Q014