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HomeMy WebLinkAbout535404 ADVANCED TECHNIPILES - PURCHASE ORDER - 9141675 (2)PO PURCHASE ORDER 914167er Page C117/ of PURCHASE 9141675 1 of z ' `ppearl t Collins This number must packing on all invoices, packing sli s and labels. Date: 04/04/2014 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 2 Addendum to PO 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:purchasinga@fcgov.com 1 LOT EA 1,400.00 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 1. COMMERCIAL DETAILS. Tax exemptions. By summer, the Ciry of Fos Collins is exempt( state and local axes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cenifcate of Registry S4-6000587 is registered with fle Collector of Failure of Ue Financier w must upon strict performance of the terms and conditions herero( failure m delay to Internal Revenue, Denver, Colorado (Rot. Colorado Revised Sutures 1973, Chapter 39-26, 114 (a), exercise any rights at brandies provided herein or by law, failure to promptly notify the Seller its the event of a breach, the acceptane, of., Payment for goods hereunder or approval of the design, shall not release the Sella of Goods Rejected. GOODS REJECTED due to failure m meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed is waiver of any right of the damage in tmmit, may be ratumed to you for credit and are not to br "Ford except upon receipt of written purchaser to insist upon strict performance hereofor any of its rights or comedies as to any such goods, regardless instructions firma the City ofFon Collins. of when shipped, received or scapted, ns to any prior or subsequent default hereunder, nor shall any purposed oral modification or remission of this purchase other by the Purchaser operate as . waiver of any of the rams Inspection. GOODS are subject m the City offour Collins inspection on arrival. hereof Final Acceptance. Roc ipt of the merchandise, services or equipment in response to this order ran result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorised payment on the pan of the City of Fart Collins. However, it is in be understood flar, FINAL resulting froantitrust Seller and the Purchaser recognise that in actual economic practice, ovrc ehe from antitrust ACCEPTANC17 is dependent upon completion ofall applicable required inspection procedures. violations arc in fact home by the Purchaser. Theretoforeofonr good cause and ci consideration for executing this purchase order, the Seller hereby assigns to the Puahamer my and all claims it may now have or hereafter Freight Perms. Shipments must be F.O.B., City of Fon Collins, 700 Wood St, I'm C.11ins, CO 80522, unless acquired under federal or state antitms, laws for such as'erchmges relating m the particular goods or services otherwise sped fed on this order. I f permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant m this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufim ors have dishlbuting points in vurirus pans of the country, shipment is If the Purchaser directs the Seller to comet nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to desgi pon, and excess freight will he deductW from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made fmm greener distance. may cause the work to be performed by the most expeditious means mailable to it, and the Seller shall Pay all costs umciated with such work. Permits. Seller shall procure at sellers sale cast all necessary permits, cedificmes and license acquired by all applicable laws, regulaions, ordinances and tales of the state, municipality, mrtimry or political subdivision where the weak 6 performed, or regained by any other duly counmted public authority having] onsdiction mve the work of condor. Seller further agree m hold the City of Fort Collins hacmless fmm and against all liability and lass anurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authoimtion. All patties to this contract agree that the aepresenutives arc, in fact, bons fide and possess full and complete authority to bind mid panics. LIMITATION OF TERMS, This Purchase Omer expressly limits acceptame to the terms and conditions stated herein scl forth and any supplementary or addiumal terms and conditions annexed hereto or incorporated herein by rekreare. Any additional or differem terra and conditions pmposed by seller art objected to and hereby rejected. 3. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment m amve on you, promised delivery date its noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents punched hereto, No acts of the Pnrchisere including, without limimtiou, acceptance of penial lute deliveries, shall operate as a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and homing the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its rtasowble control and wifom its fault of negligence, such acts of God, acts ofeivil or military authorities, governmental priorities, Gres, strikes, flood, epidemics, wan or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller that received knowledge thereof In the event of my such delay, the Dare of delivery shall he extended for the period cqual to the time actually lost by reason of do delay. 3. WARRANTY. The Seller warrants that all good, articles, materials mad work covered by this order will cant with applicable drawings, specifications, sample and/or other descnptians given, will be fit for rate purposes intended, and performed with Star highest degree of care and competetwe in xmrdance wit accepted standard for work of is midv nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may sutra or imam on warrant of the Sellers breach of warml no Seller shall replace, repair or make good, without cast to the purchaur. any defects or faults arising within one (1) year or within such longer period of time ns may be prescribed by law or by the terns ofany applicable warmly provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not be unreasonably delayed), resulting from bummt or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liabil try hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or gma m its, but such liabil iry shall in no event include loss ofpmfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. Ile Purchaser may make changes to legal terns by wdmen change order 5. CHANGES IN COMMERCIAL TERMS. lfie Purchaser may make any changes to the tarns, other than legal soma, including mdo mts to or deletions fiom the quantities originally ordeal in the specifications or drawings, by verbal or wdnm change order. If any such change offer. the amount due or the tome i fpchumparev hereunder, an cqmoible edjuamem shall be it,. 6. TERMINATIONS. The Purchaser may at any time by written change Omer, nrmirsate this agreement as many or all partiom of the good then not shipped, subject to any equitable ndjtucment between the panic u to any work or nationals then in progress provided tat the Purchaser shall not be liable for any claims for anticipated pmfts on the uncompleted Portion of the goad and/or work, for incidental at consequential damages end that no such adjustment be made in favor of fe Seller with respect ormygood which pre the Sellers standard sack. No such corporation shall relieve the Purchaser or the Seller of any ortheir obligations as many goods delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be eased within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants drat all .rods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the good arc subject. The Seller shall execute and deliver such chemicals m may be acquired to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character we hereby incmporated herein by this reference. The Seller agrees to indenmify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a maul, of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any mania due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller wvmnu full, clar and umestnmed file to the Purchaser for all equipment, motmals. and items furvishmi in praftarmance of this egrennrnt f and clear of any and all lions, ranictiocic reservations, snanty incrom emambmmrs and claims ofothers. The Seller shall release the Purchaser and its contractors of my tie from sell liability and claims of my nmom resulting from the pralocmana fsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the dimelors, ifcn, and employees ofsuch pray. The Sellcls wni.e.[ obli,ximu, including warranty, shall not be deemed to be reduced, in any way, because such work is rufficaral or caused 10 x, performed by the PtveMsm. 14. PATENTS. Whenever the Sella is required to use any design, device, material or process covered by letter, micat, tdem ok or copyright, the Seller shall indemnify and save Formless the Purchaser from any and all claims for infringement by reason 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 he obliged to pay by reason of such infringement at any time during the pmsmmion or after the completion of the work. I case said equipment, or any part thereof or the intended use of the goods, is in such .suit hold to constitute infringement and the use of said equipment or Pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchase the right to continue using said equipment or pads, replace the same with substantially equal but monfnnging equipment, or moll fy it so it becomes namnlringing. 15. INSOLVENCY. If the Seiler shall become insolvent or bankrupt, make as msignmem for the benefit of creditors, appoint a receiver or mtsne for any of the Sellers property or business, this under may forthwith be canceled by the Purchaser without liability. I& GOVERNING LAW. The definitions ofterrns uvd or the interpretations the agreement and the rights ofa]l panic hereunder shall be consuued under and gmvemed by fen laws othee 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 Repreuvatire(s), on the premiss ofohers. It. SELLERS RESPONSIBILITY, no Seller shall carry on said work at SeIINs awn col, uvit[ the same is fully completed and acceptN, end shall, in case of any accident destruction or injury to the work and/or materials before Sellers final couple icu and acceptance, complete the work at Sellouts own expense and m the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload, stare and handle same at the site and become responsible therefor se, though such materials and/or equipment were being Statistical by the Seller under the order. IS. INSURANCE. The Seller shall, at his awn 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 this purchase order, candor to their dependents in accondance with the laws of the sure in which the work is to he done. The Seller shall also carry comprtharsive geueml liability including, but not limited to, contractual and automobile public liability iuumnce with bodily injury and death limits of at least S300,000 for any one person, S500,000 for any one accident and property damage limit per accident of Salto,". The Seller shell likewise acquire his contractors, if any, to provide for such compensation eau macrame. Before any of the Sellers or his contractors employees shall do any work upon the promises of others, the Seller shill famish the Purchaser with a certificate flat such compensation and insurance have been provided Such certificates shall specify the date when such ompersation and insumrue have been provided. Such midifieale, shall specify the date when such compensation and insurance expires. The Seiler ogres dial such compensation and insurance shall be inummined until after fe entire work is completed end accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seiler hereby msumm the entire responsibility and liability for any and all damage, loss or injury ofully kind or nature whaum er to persons or pmpeny caused by or resulting from rise execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my r oil of the Purchnsers officers, agents road employees from and against any and all claims, lasses, damages, charges or expenses, whether direct or indirect and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the an of the Seller, any of his ontmeton, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall he brought against the Purahaver, or its officers, vgenb or employees al any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractor or any of its or their officers, agents or employees as afremid, the Seller hereby agrees to assume the defense thereof and to defend the mine of the Sellers own expense, to Pay any and all costs, charges, atmmeya fees and other expenses, my road all judgments that may be incurred by or obtained against the Purchaser or any of its or their ofieers, agents or employees in such suirit or other proceedings, and in case judgment or office lien be placed upon or obtained against the property of fe Purchaser, or said Forma in or as a result ofsuch suits or other proceedings, the Seller will al once cases the same to M dissolved and dischvgM by giving bond or othersise. The Seller and his r natrxtaas shall take all safely precaution, furnish and pound all guard mcsvry for due prevention of secide nee, comply with all laws and regulations will regard to safety including, but without limiution, the Occupational Safety end Health Ad of 1970 and all tales end negotiations issued pursoan, therao. Revised 03,7010