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HomeMy WebLinkAbout535404 ADVANCED TECHNIPILES - PURCHASE ORDER - 9141675PO PURCHASE ORDER 914167er Page C1171 of PURCHASE 9141675 t of 2 Flirt Collins lI„s This number must appear !"_`�,/`' ` V ` 1 1 on all invoices, packing sli s and labels. Date: 03/20/2014 Vendor: 535404 ADVANCED TECHNIPILES 418 DUNNE DR FORT COLLINS CO 80525 Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS CO 80521 Delivery Date: 03/20/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Install and Secure Ped Bridge 1 LOT LS 8,750.00 Southridge 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 750.00 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 I. COMN ERCIAL DEfA1LS. Tax exempti ms. By statute the City of Fort Collins is exempt tram state and local taxes. Our Exemption Number U 98415502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in tansit, may be returned to you for credit and are mutt to Im replaced except upon receipt of warm instructions from the City of Fort Collins. Inspation GOODS are subject to the City ofFort Collins inspection on arrival. Final Acceptance. Racist of the merchandise, services w equipment in response to this order can result in authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable reported inspection procedures. Freight Terms. Shipments must be F.O.B., City of Few Collins, 700 Woad St., lion Collins, CO $0522, unless onhe.. spreffird on this mdes. If permission is given to prepay freight and charge separately, the original freight hill must ace wwwv invoice. Additional chances for nuckinu will not be created. Shipment Distance. Where manufacturers have distributing points in various Wres of the country, shipment is expected fmm the cement distribution paint to destitution, and excess fight will be deducted tram Invoice when shipments we made fmm greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, ceni0mtes and licenses required by all applicable laws, regulations, ordinances and rates ofihe state, municipality, ammry or political subdivision where the work is performed, or required by any other duly constituted public authority havingymodiction over the work of vendor. Seller further agrees to bold the City of Tbn Collins bmmlem from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, miles and requirements. Authentication . All panics m this Como t spree that the aepmmormiles are, in fact, bona fide and possess full and complme withonry to bind said From LIMITATION OF TERMS. This Purchase Order expressly limits avc,. to the terms and conditions stated herein set both and any supplementary or additional arms and conditions annexed hereto or incorporated herein by reference. Any additional or different temts vad conditions proposal by seller we objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery darn es nomd. Time is of Ne essence. Ddivery and performance must be effected within the time stated on the ptuchuse order and the documents sumbod hereto. No acts of the Purchasers including. w'ithoul limitation, acceptance of partial late deliveries shall operate as a waiver of this pravrsion. In drc event of any delay, the p oadvaser shall have, in addition to outer legal and equitable remedies, the option artificial, mil order elsewhere and holding the Seller liable for damages- However, the Sella shall not be liable for damages as a result of delays due in causes not reasonably firmaable which am beyond its reasonable conwl and without its fault of negligence, such was i God, no of civil or military authorities, gos'emmenml priorities. Gres, strikes, nand, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within the (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended far fee period equal to me time actually lost by reason afthe delay. 3. WARRANTY. The Seller wommu, that all goods, articles, materials and work covered by this order will mofom with vpptiwble drawings, specifications, samples and/or other descriptions given, will be Fit fan Lire purposes crowded, sand perfumed with the highest degree of care and competence in accodance wins summi l standards for work of a similar mvtam The Seller agrees to hold the purchaser hamleca form any lass, damage or expense which the Purchases may sutler or incur on watmt of the Sellers breach of amranry. The Seller shall replace, repair m make good, without cast to the purchamr, any def tits or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the rams of any applicable wamanry provided by the Seller wer the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials f ished by the Seller. Acceptance or use of goods by the Purchaser shall not amtitua a waiver of my claim under this warranty. Except an otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all dmnuge. p wimutety muted by the baeacb of any of the tam car, wvmnties or gawarda,, but such liability shall w m event include Imo of poifia or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchases may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions, to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of Performance hereunder, an intuitable adiatmen span be made. 6. TERMINATIONS. The Purchases may in any time by isc u m change offer, terminate this agrecmem as to any or all portions of the goods then not shipped, subject to any eluiable adjmtmmt betumr the parties m to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in fas'ar of the Seller with respect to any goods which am the Sellers standard stock. No such temination shall relieve the Purchaser or the Seller ofany of their obligations m an any goods delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days fimm the date the change or termination is ordered 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have been produced, sold, delivered and fimished in strict compliance with all applicable laws and regulations to which the goods art subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller ugrees to indemnify and hold the Purchaser hamless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNTffiNT. Neither parry shall assign, tr mfer, or money this order, many acmes due or to become due hereunder without de, prim uainrn consent of the other party. I(L TITLE. The Seller warrants full, clear and unresoicted title to the Purchaser for all eluipmem, materials, and items famished I. Pafromance of this ii cement, free and clear of any vad all liens, resmetiam, reservations, security interest mcumbrsoces and claims ofothers. 11. NONWAIVER. Failure of the Purchaser to insist upon shirr performance of the terms and conditions bereot. failure or delay to exacise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance afar payment for goads hereunder or approval of the design, shall not release the Seller of any of the wamnties or obligations of this purchase order and shall not be deemed a waiver of my right of the purchaser an insist upon strict performano hereof or any of its rights or remedies as to any such goods, regardless of what shipped, received or acepted, as to any prior or intoxicant default hereunder, car shall any pnatural oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terrns hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in soul economic positive, overcge hars resulting from antitrust violations are in fact Fame by the Purchaser. Theretofore nfor good cause and as consideration for amending this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafta acquired under frderal or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser putamm to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Sella to correct nonconforming or defective goods by a data to be agreed upon by the Purchaser and the Seller, shad the Seller thereafter indicates in mortality or unwillingness on comply. the Purchaser may cause the work to be performed by the most expeditious meaty available to it, and the Seller shall pay all a was aaswimed with such work. The Seller shall release the Purchaser and its contractors of any ties from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in me event of fault of negligence of the party released and shall extend to the directors, officers and employees of such putty. The Sellers commetual obligations, including warranty, shall not nd deemed as be reduced, wavy way, because such work is partitioned or ratted m be pMomnd by arc Purchaser. M. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, parent, trademark or copyrigb , the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material m process in connection with the contract, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged in pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said eluipment, or tiny pan thereof or the intended use of the goods, is in such suit held in mtutimte infringement and the sex of said tyuipmenl or pan is enjoined, the Sella shall, at its own expense and at its option, eima pracure for the Purchaser the right to continue using said equipment or pans, replace the came with substantially equal but nanwfringing equipment, or modify it so a becomes naninfnnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint v receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Pu chaser without liability. 16. GOVERN NIG LAW. The definitions winnows used at the interpretation o'the agreement and the rights ofall parties hereunder shall be mnmued under and gmawd by the Uwe, of the Sure ofCalomda, USA. The following Additioal Conditions apply only in emes where the Sella is to perform work hereusader, including me services ofScllm Representatives), an me penises ofoilow, IT SELLERS RESPONSIBILITY. The Seller shall any on said work at Settees own risk until me same is fully completed and accepted, and shall, in rase of any accident, destruction or injury, to the work md/w materials before Sellers fiwl completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Pucbsses. When materials and eq.,.ad ere famished by at for realistic. or erection by the Sella, me Sella shall receive, unla nd, stare and handle same at the site and become mporaible therefor as though such maamU and'ar equipment were being( islrcd by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by out purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with ma ily injury and death limit, of or lean S300,000 for any one person, S500.00n for any one accident and property damage limit per accident of S400,000. The Sella shall likewise require his if any. In provide for such compensation will waticance. Before any of the Sellers on his contmeom employees shall do any work upon the premiss of others, the Seller shall famish me Purchaser with a certificate that such confirmation and insurance have been Laminated. Such certificates shall specify me date when such compensation aid insumwe have been provided. Such certificates shall specify de date when such compensation and insurance expires. The Seller agrees Nat such comprnsation and insurance shall be mainained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby worma the entire responsibility and liability for any and all damage, loss m injury of any kind rehire whmsoeve to pasoas or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnity and hold hamless the Purchaser and any or all of me Purchasers ollicm, agents and employees (ram and against any and all claims, losses, damages, charges or expemes, whether direst or indirect and whets, to person or property as which me Purchaser may he Put or subject by reason of my acp action, angina, omission or default an the pan of the Sella, any of has uncommon, or any of the Sellers or contractors officers, agents car employees. In ease any suit or other poceedings shall be brought against me Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, region, omission or default of the Seller of any of his contractors or any of Its or ,Fair mincers, agent or employees as aforesaid, the Sella hereby agrees to assume the defense thereof and to defend me some at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses. any card all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or emplayms in such suits M ofes praceadings, and in case judgment or other Lim be placed upon or obtained against the property of the Purchaser, or said parties in or an a result of such suits w other proceedings, the Seller will at once cause the more to be dissolved and discharged by giving band or otherwise. The Seller and his conditions shall take all safety precautions, famish and insall all guards necessary for the Premium of accidents, comply with all laws and regulmiom with regard to safety including, but without limitation, fee Occupational Safety and Health Ara of 1970 and all miss and regulations contact pursuant herem. Revised 032010