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HomeMy WebLinkAbout302683 BARTON SUPPLY - PURCHASE ORDER - 3212076PURCHASE ORDER PO Number Page City Of` 3212076 1 of z COI Collins This number must appear on all invoices, packing `t �� slips and labels. Date: 01/06/2012 Vendor: 302683 Ship To: TRAFFIC OPERATIONS BARTON SUPPLY CITY OF FORT COLLINS 300 HICKORY 626 LINDEN STREET FORT COLLINS Colorado 80524 FORT COLLINS Colorado 80524 Delivery Date: 01/06/2012 Buyer: JOHN STEPHEN Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Ordered Unit Price Extended Price Rebar Supplies 1 LOT LS 30,000.00 Annual Total $30,000.00 9-0-� 2. 0,tU;-Q-Q, -Z�l City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-0,1502. Federal Eseise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the wrou and conditions hereof, failure or delay to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by Imv, failure to promptly notify the Seller in the cvcnt 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 REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be damcd a waiver of any right of the damage in transit. may be returned to you fro credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hercofor any of its rights or remedies as to any such goods, regardless instructions form the City of Fen Collins. of when shipped, received or accepted. as to any prior or subsequent default hereunder, nor shall any purported am[ modification or rescission of this purchase order by the Purchascr operate as a waiver of any of the teats Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. Houcver, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, everalerges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection proccdnrcs. violations arc in fact home by the Purchaser. 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 Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins. CO R05'_2. unless acquired under federal ar state antitrust laws for such overcharges miming to the particular good or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. 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 from the marest distribution point to destimition, and excess freight will he deducted from Invoice when shipments are made form greater distance. Permits. Seller shall procure at sellers sale cost all necessary Permits, certificates and licenses required by all applicable Imes, regulations. ordinances and rules of the state. municipality. territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller fi rdier agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances rules and requirements, Authorization. All panics to this contract agate that the representatives are, in fact, bona fide and posses full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional teams and conditions annexed hereto or incorporated herein by reference. Any additional or different icmms and conditions proposed by sellerarc objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted, Time is ofthc essence, Delivery and performance must be effected within the time stated on the purchmc order and the documents attached Income, No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries shall operate as a waiver of this prevision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Scllcr shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its Personable control and without its fault ofncgligencc. such acts of Gad, acts of civil or military authorities, governmental priorities. fires, strikes, food, epidemics, wars 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 first received know ]edge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason 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 he fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any Inns, damage or expense which the Purchaser may suffer or incur on amount of the Sellers breach of warranty. The Scllcr shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by Imv or by the terns ofany applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unecasenably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute, a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order. the Sellers liability hemanda shall extend to all damages proximately caused by the breach of any of the foregoing warmrtics or guarantees, but such liability shall in no event include loss ofpmfits er dos ofusc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchascr may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchascr, may make any changes to the tcmts, other than legal terms, including additions to or deletions from the quantities originally ordered in the sp cificatious or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperfomtance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by %riven change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment b twcen the panics as to any work or materials then in pmgresa 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 favor of the Seller with respect to any goods which arc the Sellers standard stock. No such termination shell relieve the Purchascr or the Sell let of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within shim, (301 days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants 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 arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All Imes and regulations required to he incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify, and hold the Purchaser harmless from all costs and damages suffered by the Purchaser is a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither Party shall assign, transfer, or convey this order. or any monies due or to become due hereunder without the prior written consent of the other parry, I (L TITLE. The Seller wantnts full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser dircds the Seller to correct nonconforming or defective goods by a date to he agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the must expeditious means available to it, mad the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsach work. This release shall apply even in the event of fault of negligence of the pant released and shall extend In the directors, officers sad employees ofsa¢h Party. The Senses contractual obligations, including svam. my. shall not he deemed to be reduced, in any may, because such work is perforated or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design. device, material or peaces%covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser form 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 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 slit held 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 Purchaser the right to continue using said equipment or parts, replace the snore with substantially ectal but nnninfringing equipment. or modify it so it becomes mainfringag, 15. INSOLVENCY. If the Seller shall become insolent or bankrupt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Scl lets property or business, this order may forthwith be canceled by the Purchascr without liability. 16. GOVERNING LAW, The definitions afters used or the itimp ctntion of the agreement and the rights of all panics hereunder shall be consumed under and governed by the laws of the State o-Colamdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellcrs Rcpmsentative(s), on the premises archers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the %note is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Sellers Final completion and acceptance. complete the work at Scllers own expense and to the satisfaction of the Purchascr. When materials and equipment arc famished by others for installation or crcction by the Seller. the Seller shall maive, unload. store and handle same at the site and become responsible therefor as though such materials end/err equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his can cspcnsc. provide for the payment of amrkcn compensation. including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order. and/or to their dependents in accordance with the laws of the state in which the work ism be done. The Seller shall also tarty comprehensive general liability including, but not limited to. cannot and automobile public liability insurance with budily injury and death limits ofat least S300,000 for any one person. S500,000 for any one accident and property damage lintit per accident of S40Q000. The Seller shall likewise require his contractors. if any, to provide for such compensation and insurance. Before tiny of the Sellers or his contractors employees shall do any work upon the premises nfothers, the Seller shall famish the Parcha%cr with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assames the entire responsibility and liability I'or any and all damage loss or injury ofany kind or nature whomsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order err in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents mid employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect and whether to pan ons or property to which the Purchaser cane be put or subject by reason of any act, action, neglect, omission or default on the pan of the Scllcr, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchascr, or its officers, agents or employees at any time on account or by reason of any act. action, neglect omission or defadt of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, ,agents or employees in such snits or other proceedings, and in case judgment or other lien be placed upon or obtained against the pmperty, of the Purchaser. or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to he dissolved and discharged by giving bond or otherwise. The Seller and his emote cmrs shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all Inv% and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all odes and regulations issued pursuant thncm. Revised 03/2010