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HomeMy WebLinkAbout442066 MARTIN / MARTIN - PURCHASE ORDER - 9143549PO PURCHASE ORDER 914354er Page C117/ of PURCHASE 9143549 + of 2 ' `t Collins I„C This number must appear V ` 1 /�7 on all invoices, packing sli s and labels. Date: 06/24/2014 Vendor: 442066 Ship To: PARKING SERVICES MARTIN / MARTIN CITY OF FORT COLLINS CONSULTING ENGINEERS 215 N MASON, 1ST FLOOR 12499 W COLFAX AVE FORT COLLINS CO 80524-4408 LAKEWOOD CO 80215 Delivery Date: 06/23/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 Civic Center Parking Structure 1 LOT LS 13,500.00 Parking Structure specifications per bid #7638. ' 2 Old Town Parking Structure 1 LOT LS 10,500.00 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 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. COMMERCIALDETAILS. Tax exemption%. By statute the City of Few Collins is exempt from slate and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption CeniGema of Registry 84-6000587 is registered with the Collector .f Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goads Rejected GOODS REJECTED due to failure to meet specifications, either when shipped or due to defecu of damage in transit, may be returned W you for credit and are nut m be replied amoral spun receipt of written inswcmns from the Cory MOM Collins. Inspection. GOODS are subject to the City of FortCollins inspection an amwl. Final Acceptance. Receipt of the merchandise, wricires or repayment in response to this major can result in authorized payment on the pit of the City of Fort Collins. However, it is to be understood thatFINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless otherwow specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for perking will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected rut the nearest distribution Point to destination, and excess freight will he deducted from Invoice when shipments are made from greater distance. 11. NONWAIVER. Failure of the Purchaser to insist upon strict Performance of the terms and conditioas hereof, failure car delay to exercise 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 good hereunder or approval of the design, shall wt release the Seller of any of the warranties or obligations of this purchase order and mal I nut be deemed a waiver of any right of the purchaser to insist upon strict perfmunw hermfor any of its rights or remedies w to any such goods, regardless of when shipped, received or accepted, as to any prior or subaequem default hereunder, nor shall any narrowed oral mob ficmlon or rescission of this purchase order by the Purchaser operate as . waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in wool economic practice, o ercharge resulting from mosp%t violations are in fact home by the Purchaser. Theretofore for good cause and w consideration for executing this purchase order, the Seller hereby assigns to the Purchases any and all claims it may now have or hereafter acquired under federal or stare antitrust laws for such overcharges relating to the particular goods or services Purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Pachower dorects the Seller to comma nonconforming or defective goods by a date to be, agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability err unwillingness to comply, the Purchaser may crux the work to be performed by the most expeditious maim available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cast all necessary permits, certificates and licenses requited by all applicable laws, roplanores, ordinances and tales of the state, municipality, territory or political subdivision where the work is political, or required by any other duly constituted public authority having jurisdiction over the work of vender. Seller further agrees to hold the City of Fort Collars hawnlcss from and against all liability and loss incurred by them by pawn of an asserted or established violation or any such laws, regulations, ordinances, rates and rryuaremenw. Authorization. All patties to this contact agree that the representatives are, in fit, bow fide and posses full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order esprosst, limits weepmrtce he the wars, and conditions staled herein set forth and any supplementary or additional etas and conditions armexed hemp or incorpro and herein by refrence. Any additional or different erms and conditions proposed by seller are objected to and Imrtby repeated. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT,mmedomely if you cannot make complete shipment to crave on your promised delivery date as noted. Time is of the essence. Delivery and performance most be dlbcted within the time styled not the ptuchow other and the documents attached hereto. No acts of the Purchasers including, without Iondtatio s, zcceptence Minimal late deliveries, shall operate to a waiver ofthis provision. In the event army delay, the Purchaser shall have, on addition mother legal and stimulate remedies, the option Mplacing this order elsewhere and bolding the Seller hmle for damages. However, the Seller shall ant be, liable for damages as is mull of delays due to causes not reasonably fbecom able which are beyond its reawrvstic cannot and without its fault of negligence, such acts of God, azu of cavil or military authorities, govmunental priorities, fires, strokes. hood. Volcanoes, wars or nods provided that votive of the conditions causing such delay is gave. to the Purchwxr within five (5) days of the time when the Seller first received knowledge thereof In the event crony such delay, dw date o'dolivery shall be extended for the pwind ryual to the tame aceually lost by reason ofidw delay. 3. WARRANTY. The Seller warrants shot all goods, articles, materials and work covered by this order will conform with applicable drawings, speaficafions, samples major other descriptions given, will be fit for the purposes intended, and performed with the highest degree of rare and competence in acwtdance, with accepted standards for work of a similar narrow. The Seller agrees to hold the purchaser harmless rut my loss, damage or expense which the Purchaser may sufferer incur an account of tM Sellers breach of ivanrenty. The Seller shall regime, repair or make good, without cost W the purchaser, any defects or faults arising within tare (1) year or within such longer period of time as may W presrnbM by law at by she terms of my applicable warranty provided by the Seller after the date of accepance of the goods femished hereunder (acceptance not to Ise unreawnabq delayed), resulting from imperfect or defective work done or materials f ishd by the Seller. Acceptance or us, of goods by the Purchaer shall not combine is weaver of any claim under this warre ary. Except as otherwise provided in thus pecolowe oMe,, the Sellers liability Remainder shall extend W all damages proximately c onedi by the breach of my of the recouping isamentio or guesntecs, but such liability shall in no Dent include loss ofprofi%or loss of we NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make change to legal terms by auction change order. S. CHANGES IN COMMERCIAL TERMS. The purchaser may make any changes to the lams, other than legal terns, including addatians to or deletions from the quern originally majered in the specificmiom or drawing, by verbal or wrinew change order. If my such change affects the amount due or the time ofperformance hereunder, m ryoitable adjustment shall be made. 6. TERMINATIONS. The Pumhaxr may or any time by women change order, mtminate this agreement as to any or all portions of the goods then not shipped, subject to my equitable mijnswenl between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated prefs on the uncompleted Portion of the goods major work, for incidental or consequential damage, and slut no such adjustment ha made an favor of the Seller with roped to any goods which are the Sellers s rndaN sock. No such lamination shall refine the Purchaser or the Seller ofany of heir oblilimaes is to any goods delivered hareunda. 9. CLAIMS FOR ADJUSTMENT. Any claim far w1justmem must Ire assured with,. thirty (30) days form the dew the change or wmtimmion is ardered. I. COMPLIANCE WITH LAW. The Seller warmer% that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and deliver such dever ran, as may be requital to effect or evidence compliance. All laws and regulations requital to be ncorporawd in agreements of this character are hereby incorporated herein by this reference. The Seller agues to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchases as a sasull of the Sellers failure W comply with such law. 9. ASSIGNMENT. Neither parry shall woup, transfer, or convey this order, or my monies due or to become due lawmaker without the prior writren consent of the other pray. 10. TITLE. The Seller warrants full, clear and anr..aw eel title to the Purchaser far.11 ryuipment materials, and items famished in pooffivicampose of this agreement. free and clear of my and all liens, restrictions, reservations, security interest mcumbrsncw and claims ofothers. The Seller shall release the Purchaer and its contractors of any tier rut all liability and claims of any nature resulting from the performance ofsuch work. This relese shall apply even in the event of fault of negligence of the party releued and shall extend to the directors, ifcers and employees of each Party. The Seller's committed obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is psummlN err caused to be performed by the Purchaer. 14. PATENTS. Whaterva the Seller is remained to tree any design, device, material or process covered by lone, paaot trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims fir infringement by reason of the use of such patented design, desire, material or process in connection with the commit, and shall indemnify the Purchaser for any cast, expense or damage which st may be obliged to pay by reason of such anfnngemem at eery time during the prosecution or after the completion of the work. In cam said equipment, ar any pan thereof or the intended use of the goods, is in such soil held w consulate mMngcment and the use of mid ryuipmem or pan is enjoined, the Seller dull. at its own expense and at its option, either persons, for the Pamhases the right to continue using said equipment at pros, ceplaue me same with substantially mail but roninGnging equipment, or modify it so it becomes contributing. ng. 15, INSOLVENCY. If the Seller shall become iustivmt err bankmp, nuke an wan burnal for tha bereN of credlmrs, appoint is or metwe far any of the Sellers pmpay or business, this order may foMwith he emareled by the Purchaserwithout lability. H, GOVERNING LAW. The definitions ofarms used or tha interpretation of the agreement and the rights stroll ponies hereunder shall be combined under and governed by the laws ofthe State ofColomdo, USA. The following Additional Conditions apply only in cows where the Seller is W perform work hereunder, including the services of Sellers Rormaenutire(s), on the pponswes rd'subers. I). SELLERS RESPONSIBILITY. The Sewer shall carry sta said work at Salefs own risk it the tame is fully completed and sampled, and shall, on sax of any accident, distinction or injury to the work =war materials bar Severs final completion and acceptance, compine the work at Sella's own expense and to the satisfaction of the Purchaser. When materials am equipment are famished by others for installation or erection by the Sella, the Seller shall receive, unload stare and handle same at tho site and become responsible therefor as though such mmenals major ryuipment were being famished 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 as employees employed on or in connection with the work covered by this puwhax order, mocker to their dependents in accordance with the laws of the slaw in which the work is to he done. The Seller shall also carry compreheuive general liability including, but not limited to, contractual and automobile public liability insurance with badily injury and death lima%of at least S300.00 for my one permn. S500,000 for any accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to provide for such comporwation and insumnre. Before my of the Sellers or his contractors employees shall do my work upon the premises creation, the Seller shall famish the Purchaser with a comficaw that such compensation and umumence, have been provided. Such cerdficutes shall specify the dime when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expire. The Seller agrees that such compereaeion and'..umnce shall be wi inmined until after the entire work as completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury army kind or nature whatsoever to reasons or propcwy caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. no Seller will indemnify and hold humle s the Purchaser and any or all of the Purchasers officers, agen% and employees from and against any and all claims, lasses, damages, charges or expenses, whether direct or indirect, and warmer so perfm or property m which the Purcrchasa may be put or subject by reason of any act, nation, neglect, omission or default on the pan of the Sella, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In caw any suit or other prweedings shall be brought against the Purchase, or its officers, agents or employees at any fine on account or by reason of any act action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, an, or employees as nfinremid, the Seller hereby agoras as ..me the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, mormys fees and other expenses, any and all judgment; that may be incurred by or obtained against the Purchaer or my of its or their officers, agents or employees in such suits or other proceedings, and in caw judgment or other hen he placed upon or obtained against the pmpmy of the Purchase, or mad ponies in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or othervrix. no Seller and his contrmctotors shall take all safety precautions, famish and install all guards necessary fir the prevemiw of accidents, comply with all laws and regulations with regard to safety including, but without Imunation, the Occupational Safety and Health Act of 1970 and all tale and regulations issued pursuant thereto. Revised (IM010