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HomeMy WebLinkAbout132191 MOUNTAIN PARKING EQUIPMENT - PURCHASE ORDER - 9146460Fort Collins PURCHASE ORDER PO Number Page 9146460 1of2 This number must appear on all invoices, packing sli s and labels. Date: 11/04/2014 Vendor: 132191 Ship To: PARKING SERVICES MOUNTAIN PARKING EQUIPMENT CITY OF FORT COLLINS 2009 S CHEROKEE 215 N MASON, 1ST FLOOR DENVER CO 80223 FORT COLLINS CO 80524-4408 Delivery Date: 11/04/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 Preferred Customer Service 1 LOT LS 33,371.00 Agreement 11/1/14 - 10/31/15 2 Old Town Garage Portion 1 LOT LS 12,977.00 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 rder Terms and Conditions Page 2 of 2 L COMMERCIALDETAIIS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local axes. Our Exempdon Number is I L NONWANER. 98-04502. Fedoml Excise Tax Exemption Condition of Registry 84-6000587 is mgistrnN with the Collator of Failure of the Purchaer to insist upon strict peK mivrce of the forms and conditions hereof, failure or delay to Internal Revem, Drava, Colorado (Ref. Colorado Revised Statutes 1973, Chapta 39-26, 114 (a). excatise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REIECfED due to failure to meet specifications, either when shipped or due m defects of any of the warranties or obligations of this purchase order and shall not be dermal a waiver of any right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon sMct performnce hermfor any of its rights or remediea as to any such goods, regardless instmctiuns from the City offal Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser made as a waiver of any of the terms Inspection. GOODS are subject to the City of F'on Collins inspection oa arrival. hereof. Final Acceptance. Receipt of the merchandise, services or aim,ment is response to this order can If in 12. ASSIGNMENT OF ANTITRUST CLAIMS. mflionemd payment on the Pan of the City of Fiat Collins. However, it is to be understood that FINAL Seller and the Purchaser coomirae that in actual economic prdcda, overcharge resulting firm mtimust ACCEPTANCE is dependent upon completion of all applicable required impcction procedures. violations art in fact name by the Parishioner. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Toms. Shipments must be F.O B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, to. acquired under federal or state antiterst laws for such overchates relating to the particular good or services otherwise specified on this order. If permission is given to prepay freight mid charge separately, the anginal freight purchased or acquired by the Purchaser Palmer to this purchase other. bill mind accompany mature. Additional charges fur packing will not be associated. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manafaaurers have duorbuting points in various pans of the country, shipment is If the Purchaser directs the Seller to comet nonconforming or deftive good by a&to to be agreed open by the ex,asod from the nearest dismibuam point a destination, and excess freight will be dochu d from Invoice when Pvrdam, and the Seller, and the Sella thereaRa indicates its mobility or unwillingness to comply, the Purchaser shipments are made from groom, distance. may cause the work to be performed by the most expeditions means available to it, and the Seller shall pay all cents associated with such work. Pemits. Seller shall income at sellers sole cost all necessary permits, cenificate5 and licenses required by all ,,I iti ble lave, regulations, ordinances and roles of the state, municipality, territory or political subdivision where The Seller shall release the Purchaser and its contractors army tier from all liability and claims of any nature the work is perfon red, or required by any other duly constituted public authority haviogjunsdiction over the work resulting from the performance ofsuch work, of vomim. Seller fuller agrees to hold the Cry of Fart Collins Internal. from and againsl all liability and has inainal by them by rennin of an nssmed or established violation of any such laws, regulaims, odiances, roles This release shall apply on in the event of Ault of negligmre of the party relsasal and shall extend to the and reqummarm. directors, slicers and employees of such party. Authooution. All panics to this contract agree that the representatives are, in fact, baa fide and possess full and complete authority to bind said Forma. LIMITATION OF TERMS. This Poshest Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional toms and conditions annexed bacto or incorporated herein by reference. Any additional or different tanss and conditions proposed by seller are objected to and hereby rejected 2. DELIVERY. PLEASE ADVISE PURCHASING AGENF immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and pafanmance most be effected within the time slaty on the purchase order and the documents attached hereto. No is of the Purchasers imluding, without limitation, acceptance ofartial late deliveries, shall operate as a waiver of this provision. In the event crony delay, the Purchsser shall have, in addition to her legal and equitable remedies, the option m placing this order elsewbem and holding the Sella liable for damages. However, the Sella shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its eat nable central end without its fault of negligence, such acts of God, acts ofciGl or military authorities, governmental priorities, firs, strikes, Rood, epidemics, wars or ticks provided that norm, of the conditions causing inch delay ¢given to do Purchaser within rive (5) days of he time when the Sella first received knowledge dimcof. In live event of any such delay, the dae of delivery shall be extended for the period equal to the time actually lost by mason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of cart and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchmer may sufa or incur on account of the Sellers breach ofmon nty. The Sella shall replace, repair or make Road. without cost to die p irchaeq any ddecs or faults arising within one (1) year at within such longer period of time a maybe presmbed by law or by the terns of my applicable warranty provided by the Seller after the date of acceptance ofthe good famished hcrtundtt Doceptace, not to be unreasonably delayaiy, resulting Item imparted or def tive work done or nationals famished by the Seller. Acceptance or use of goods by the Purchaar shall an onstitum a waivaofany claim order this warmly. Except as ramp ise po riled in this punchase order, the Sellers liability hrrounda shall extend to all damages proximately cooed by the breach army ofthe foregoing wanarnma or goanntas, but such liability shall in no event include loss ofplofits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. no Purchaser may make changes to Icgal terms by written change ardor. 5. Cl LANCES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than Legal terms, including additions to or deletions from the 9uantili s originally ordered in the sP-if c.ti s- or drewiagv, by verbal or written change order. If any such change offices the amount due or the tithe of pafomumce haemder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purrhaer may to my time by women change order, termimte this agreement a to my or all po moss of the goad then not shipped, subject m my equitable Atndmcoo bawxn dic Fact a to any week or materials then in progress provided dial the Purchaser shall not he liable for any claims for anticipated profs on the uncompleted ,anion ofthe good andfor work, for incidental or comes rectial damages, and dial m such adjustm or be made in favor of the Seller with respect to any goods which arc die Sellers standard stock. No such lamination shall relieve the Purchaser car die Seller of any of their, obligations as m my good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mull be .,card within thirty (30) days from the date the change a temrinntim is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have been produced, said, delivered all furnished in strict compliance with all applicable laws and regulations in which the good are subject. The Sella shall execute end deliver such documents as may be required to effect or evidence compliance. All laws all regulations mluiral to be ncor,o.ted in agreements of this character are hereby incorporated herein by this reference. The Sella agrees an indemnify and hold the Purolator Mrmlass floor all ants and damages suffead by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pan, shall assign, f.,for, or campy this order, or any mortises due or to become due heremda withouuhe prior written consent of the other party. 10. TITLE. The Sells, warrants full, clear and unrestricted title m the Purchaser for all equipment, macriols, and it. fomishal in peif... of this agreement free ail clear of my and till liens, restriclioa, reservmims, security interest moumbrnces all claims drainers. The Selleh contracwl obligations, including waranry, shall not be dermal to be reduced, in any way, because such work is performed or caused to be perfmmal by the Purchaser. 14. PATENTS. Whenever the Seller is regoiral to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser tram any and all claims for infraingement by reason of the use of such patented design, device, material or Forces, in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by mason ofsuch milingemem at any time during the prosecution or after the completion of the work. In new said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Sella shall, at is own expense and at its option, either procure for the Purchaser the right to continue using said equipment or panss replace the same with substantially equal but noninGnging equipment, or modify it so it becomes nordnMnging. 15. INSOLVENCY. If the Sella shall become insolvent or bankrupt, make an assiganent for the bmorit of creditors, appoint a creaser or vaster for any of the Sellers property or business, this order may fun ovith be canceled by rise Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be construed under and governed by the laws ofthe State ofCola.do, USA. The following Additional Conditions apply only in where the Seller is toreu perform work hender, including the services of Sellers Represenmtive(s), on thecases premises ofothers. IT. SELLERS RESPONSIBILITY. The Sella shall terry, on said work at Sellers own risk until the same is fully complo al and accepted, and shall, in se of any accident datmcrim or injury to the work anNm nationals bet Selle2s final completion and mcepmnce, complete the work at Sellers awn expense and to die satishudim of the Purchaser. When rrercnals and equipment are fum¢hed by others for imtatletion or erection by the Sella, the Sella shall mor nx, unload, store and handle same a the site and became responsible therefor as though such materials =door equipment were being fumishal 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 this purchase order torpor to their depaderds in accordance with the lass of the sate in which the work is to be done. The Seller shall also carry comprehensive gene.] liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at learn S300,00O for any one person. E500,000 for any one accident and property damage limit pa accident of S400,000. The Seller shall likewise require his cam icar, if any, to provide for such compensation and bsumace. Before my of the Sellers or his smtmemrs employees shall do my work upon the premises of others, the Seller shall fumisn the Purchaser with a certificate that such compensation and insurance have been provided. Such cvnifiestes shall specify the date when such compensation artd in., hire been provided. Such certificates shall spscify the &to when men compensation and itsumnce expires. The Sella agrees that such compensation and commute atoll be aainained until after the entire work is completed road aca,mod. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for my and all damage, loss or injury of any kind nature whatsoever to persons or property caused by or resulting from the execution of thc 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 form and agaimt tiny and ell claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Perchance may be put or subject by reason of my act, anion, neglect, omission or default on die Wn of the Seller, my arms ont.cton, or any of the Sellers or contractors Officers, agents or employees. In cage my suit or other program, shall be brought again the Purchaser, or its affairs, ,on. or employers at my time on acmmtt or by cousin of my act action, neglect, omission or deftull of the Sella of my of his counteract or my of is m their officers, agents o, employees as aforesaid, the Seller hereby agtea to assume the defense thereof and to defend the same at the Setters own ra,mse, to coy my and an casts, charges, alemeys fees all other cxpcacs, my and all judgments the may be inured by Or obtained against the Purchaser or my of its or their officers, agems or employees in such suits or other procealings, and in case judgment or other him be placed upon a obtained against the property of the Pumhaem or said ponies in or as a mull ofsuch suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or othemse. The Sella and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all miss and regulations issued pursmnt thereto. Revised 07n014