HomeMy WebLinkAbout506637 CONTECH ENGINEERING SOLUTIONS INC - PURCHASE ORDER - 9144439Fort Collins
Date: 08/05/2014
PURCHASE ORDER
Vendor: 506637
CONTECH ENGINEERING SOLUTIONS INC
8301 STATE HWY 29 NORTH
ALEXANDRIA MN 56308
PO Number Page
9144439 'eft
This number must appear
on all invoices, packing
sli s and labels.
Ship To: PARK MAINTENANCE
CITY OF FORT COLLINS
413 S BRYAN
FORT COLLINS CO 80521
Delivery Date: 08/04/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Pedestrian Bridge 1 LOT LS 32,790.00
PER QUOTE # QUO-191226-XG89SR
CITY WILL UNLOAD — COST TO UNLOAD IS DELETED
INCLUDES DELIVERY TO CITY PARK AT CITY OF FORT COLLINS
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 $32,790.00
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. COMMERCIAL DETAILS.
Tax exemptions. By s atum the City of Fort Collins is exempt from state and local taxes_ Our Exemption Number is
98-W502. Federal Excise Tax Exemption Cenifiew, of Registry 54-600058) is registered with the Collector of
hnterral Revenue, Denver, Colorado (Ref. Colorado Revised Smmtes 1973, Chapter 39-26,114 (a).
Good Rejected. GOODS REJECTED due to failure to meet specificatiom, either whom shipped or due to defects of
damage in mmit, may be mimed as you far credit and aR not m be replaced except upon raeipt of written
ha.etions from the, City of Fort Collins.
Inspection GOODS ere subject m the City of Fort Collins impection on wn,oiL
Final Acceptance. Racipt of the mealandix, services or equipment in response to this Cover ear result in
authorized payment on the an of the City of Fiat Collins. However, it k to he understood fat FINAL
ACCEPTANCE is dependent upon completion of all ringhmble required inspnum procedure.
Freight Terms. Shipments must be F O.D., City of Fan Collins, 700 Wood SL, Pan Collins, CO 80522, unless
otherwise specified on this order. If peamiuion is given to prepay freight and charge Maturely. the original freight
bill most accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is
expected fmm the mare, dutnbution point to destination, and excess freight will be deducted (ram Invoice when
shipments are made fmm gfrata icamex.
Permits. Sella shall procure err sellers sale Cost ell necessary parou,, cenificams and licenses required by all
applicable laws, regulations, ordinances and rules of the state, municipality, temrory or political subdivision where
the work is pe,firr , m required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrxs to hold the City of Fort Collins hamdess from and against all liability and loss
incurred by them by reason of va ravened or ambl ished violation of any such laws, regulations, ordinances, Coles
and requirements.
Aut Cora ion. All panics to this nmtnmt agree that the representatives are, in fact, bona fide and possess full and
complete authority to bind said panics.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the taws and conditions sated
herein set forth and any supplanemary or additional terms and conditions annexed hereto or incomomten herein by
reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENTimmmiady if you twoo, make Complete shipment to umve on your,
promised delivery date as noted Time is office essence. Delivery and performance most be effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance ofpanial late deliveries, shall operate m a waiver of this provision. In the cram Crecy delay,
the Purchaser shall have, in addition to ether legal and equitable remedies, the option of placing this order elsewhere
and balding the Seller liable for damages. However, the Seller shall not be liable for damages m a result of delays
due to causes not reasonably foreseeable which we beyond its wounable cony ail without its fault ofnegligmce,
such acts of God, acts ofcivil or military authorities, governmental priondes, fires, strikes, Dodd, epidemics, wars or
roods provided that notice of the conditiom taming such delay is given ao the Purchaser within five (5) days of the
time when the Sella fail received knowledge thereof. In the event of nay such delay, the date of delivery stall he
extended for the period equal Or the time actually 1. by. of the delay.
3. WARRANTY.
The Seller warrants that all good, articles, materials arrd work eorerm by this order will conform with applicable
drawings, specifications, somples andfor other descriptions given, will be f for the arrears intended, and
performed with the highest degree of ram and competence in acCoovance with accepted standards for work of a
milar nature. The Seller agrees to build the pumhae, harmless from any lost, damage or expense which the
Purchaser may se.ffr or incur ms account of the Sellers breach of wmranty. The Seller shall replace, Marc an make
good, without cast to the purchaser, any drfects on faults arising within one (1) year or within such longer'nod of
time m may be presented by law or by the mutts of any applicable warranty provided by the Seller after me dam of
acceptance of the good famished hereunder (a arrearce not to be umeasombly delayed), resulting from imperfat
or defective work done or materials fumahed by me Seller. Acceptance or we of goods by me Purchaser shall not
constitute a waiver of any claim under this wnrranry. Except as otherwise provided in this purchase order the Sellers
liability hereunder shall extend m all damage, proximately caused by the boush of any of the foregoing wwmr ics
or g..omma, but such liability shall in no event include loss of profs or loss of ose. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE. MA LL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal tams by wrinen change order.
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal toms, including additions to or deletions from
the .... tarea originally mdered in the spreiticauma or drawings, by verbal or warrem change order. If any such
change off is the amount due or the time of performance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaer may at any time by written change order, terminate this agreement as m any or all portions of the
good then not shipped, subject to any equimble adjustment between the parties as to any work or materials men in
progress provided that the Purchaser small not be liable for any claims for anticipated prof, on the uncompleted
portion of the goods andor work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any goods which ate me Sellers standard stock. No such termination shall relieve
the Pmchaer or the Seller crony of their obligations as to any goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be atoned within thirty (3O) days from the date the change or termination is
ordered
S. COMPLIANCE WITH LAW,
The Seller warrants tom all goods sold hamoder shall have been produced. sold. delivered and famished in stria
ompllauce with all applicable laws and «gulatime, fo which me good art subject. The Seller doll execute marl
deliver such docum a ds as may be acquired to effect or evidence compliance. All laws and regulanom required to In,
incorporated in agreements of this character ore heeby incorporated herein by this Cference. The Seller agrees to
indemnify and held the Purchaser Ea.less from all costs vast damages suffered by she Purchaser as a result of dst
Sellers failure to comply with such law.
9. ASSIGNNIENT.
Neimer party shall assign,.nsfer, Or convey this older, m any manes due or to become due hereunder without the
poor wrinen comena ofine other pony.
IRTITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all aluipment, materials, and ircms burnished
in performance of this agreement, free and clear of any and all liars, resrtictiom, reservations, security interest
mcumbrdnces and claims of others.
I L NONWAIVER.
Failure of me Purchaser to insist upon amid performarme of the terms and conditions hereof, failure or delay to
exemise any fights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the tweepance of or payment far grids hereunder ce approval ofthe design, shall not release the Sella of
any of the warranties or obligations of this purchase ender aM shall not be deemed a waiver c f any right of the
purchuur to insist upon strict performance hermforany of is fighds or remedies as to any such good, regardless
of when shipped, received or incepted, as to any prior or subsequent default hereunder, Our shall any puryo red
am[ modification or rescission of this purchase order by the Purchaser operate as a waiver of any ofthe terms
hereof.
12. ASSIGNMENTOF ANTITRUST CLAIMS.
Seller and the Purchaser Ccoinize that in atrial automatic practice, overcharge, resulting fmm =boost
violations ere in fact home by the Pu ilcow. TbeMofar. far good cause and as comlderauon for executing this
pnrchax order, the Sella hereby assigns to me Purchaser any and all claims it may now have or hereafter
acquirtd under fedcvl or site anti., laws for such uverchatges relating to the particular good or services
purchased an acquired by the Purchaser pursuant to this purchase order.
13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser directs the Sella to cornet nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Sella thereafter indicates its inability or unwillingness to Comply, the Purchaser
may cause the work ro 4 performed by the most expeditions mecum available to it, and the Seiler shall pay all
Costs aswciated with such work.
The Sella shall mlesee the Purchaser and its comments crew tier from all liability and claims of any nature
resulting form the performance of m,M1 work.
This release shall apply even in the event of fault of negligence of the party released and shall extend m the
director, officer, and employees of such party.
The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is perfmmd ter caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to we any design, device, material or process covered by lettem patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all cluims far infringement
by reason of the we of such patented design, device, material or process in connection with the contract, and
shall indemnify the Pa iraw for any coal, expense or damage which it may be obliged to pay by remon of such
infnngarmnt at any time during the prosecution or after the completion of the work. In case said equipment, or
any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the we of
said equipment or part is enjoined, the Seller sit,[], at its awn expense and at its option, either procure for the
Puchmer the right to continue using said equipment or parts, replace the time with substantially equal but
noninGnging equipment, or modify it so it becomes noninGnging.
15. INSOLVENCY.
If the Sella shall becalm im ilvetn or bankrupt, make an msigmnent for the benefit of creditors, appoint a
reverver or trustee for any of the Sellers pmperty, or business, this order may forthwith be canceled by the
Purcbmar without liability.
16. GOVERNING LAW.
The definitions of loom mad or the inteMmusion ofthe agreement and the rights of all panic hereander shall be
Conducted under and governed by fc laws of the Stale of Colorado, USA.
The following Additional Conditions apply only in cases where the Sella is to perform work hereurder.
including the services of Sellers Reprexnative(s), an the premises ofofem
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the same is rally completed and scttpN, anJ shall,
to rase of any accident, destruction or injury r. me work anrVor mmma6 before Sellers fatal completion and
mcepance, complete the work at Shcas own expense and to me satisfaction of me Purchow. Nfen material
and equipment am famished by others for installation or erection by the Sella, the Seller shall receive, unload,
store and handle same or the site and become responsible therefor as though such materials and]., aluipmenl
were being famished by the Seller under me Coln.
18. INSURANCE.
The Seller shall, at his own alwour, provide for the payment Of workers compensation, including occupational
disease bandits, to its employees employed on or in connection with the work coverts by this purchase order,
wrWor to their dependents in accordance with the laws of the ,are 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
liabil it, iusnrmre with toahly inj my and death limits of at least $300,000 for any one person, 5500,000 for any
one ccimmt and property damage limit per accident of 5400,000. The Seller shall likewise require his
contractors , il'any, m provide I'or such compensation and inumance. Before any of the Sellers or his contractors
employees shall du any work upon the premises of others, the Seller shall famish the Purchaser with a cmifca e
that such compensation and insurance have ban provided. Such certificates shall specify the date when such
compensation and insurance have been provided. Such certificate, shall specify the date when such compensation
and insurance expires. The Seller agrees that such cure a eirtuar and iCxwwwe shall be maintained until Coto the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the main, responsibility and liability for any and all damage, loss or injury army kind
nature wha water, to growers err prepeny ..it by or resulting from the execution of me work provided for in
this purchase order Or in anummon herewith. The Seller will indemnify and hold harmless the Purchaser and any
cr all of me Purchasers officers, agents and employees from and against any and all claims, loses, damages,
harges or expenses, whether diner or indirect, and whether in persons or property to which the Purchaser may
be put or subject by Cason of any act, action, amplea. omission or default on the pan of me Seller, any of his
contmaors, at any of the Sellers or contractors officers. agents or employees. In com any suit or other
proceedings shall be brought against the Purchaser, an its officer, agents or employees at any time on account or
by reason of any act, action, neg rat, omission or default of the Seller of any of his marmoset or any of its or
their affairs, agents or employees m ifaCsaid, me Seller hereby agrees m assume the defense mereof road m
defend the same at the Sellers awn expense, to pay any and all costs. Charges, summers fees and outer, expenses,
any and all judgments mat may be incurred by or obtained against she Purchaser or any of its or their oRc ns.
agents or employees in such suits or outer proceedings, ead in case judgment or outer lien Is, placed upon or
obtained against me property of me Purchaser, or said parties in or as a result of such suits or other proceedings.
she Seller will at once roux the xme to be dicsohed and discharged by giving bond or w]wwix. The Seller and
his contractors shall take all safety precautions, famish and inatell all guard nneser, for the intervention of
accidents, comply with all laws and regulations with regard to safety indudfg, but wVthmnt limitation, me
Occupational Safety and Health Act of 1970 and all rules and regulmom issued purstaut mereto.
Revised 07Q014