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HomeMy WebLinkAbout365856 ARROW FENCING AND AUTOMATED GATE - PURCHASE ORDER - 3212141 (2)PURCHASE ORDER PO Number Page City of PURCHASE 3212141 ' of z `t Collins This number must appear on all invoices, packing slips and labels. Date: 02/1612012 Vendor: 365856 ARROW FENCING AND AUTOMATED GATE PO BOX 188 LAPORTE Colorado 80535 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 1 Delivery Date: 01/20/2012 z Buyer: OPAL DICK Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOOD AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALE AR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT AKROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOOD ND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 2 2012 ANNUAL BLANKET ORDER FOR UTILITIES 9m--� 2. oiA,�9e�e_ 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 1 LOT LS Total Invoice Address: 7,500.00 $7,500.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Teats and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from xtutc and local taxes. On, Ease narplion Nnnarher is 98-04502. Federal Eseiyc Tax Exemption Ccrtificane Of Registry 84-601 is registered with the Collector Of Internal Revenue. Denver. Colorado (Ref. Colmmlo Remised Snamc, 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to tailum to meet specifications, either whim shipped or due to defects of damage in transit, may be rammed to you far credit and are not to be replaced except upon receipt of written insmctioas from the City Of Fen Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on consul. 11. NONWAIVER. Failure of the Pumhascr to insist upon strict performance of the terms and conditions hereof. Future or delay to exercise any rights or remedies pros ided herein or by law, failure to promptly notify the Seller in the event of a h breacthe acceptance ofor payment for goods hereunder car approval ofthe design, shall not release the Seller of any of the wamntics or obligations of this purchase order and shall not be doomed a waiver of any right of the purchaser to insist upon strict performance mo nfor any Orin, rights Or remedies as to any such goods, regardless of when shipped, rcceivcd Or accepted, as to any prior or subsequent default hereunder, not shall any purporced coil modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. Final Acceptance. Receipt of the merchandise. services or equipment in mxponse to this order can result in 12. ASSIGNM ENT OF ANTITRUST CLA [MS. authorized payment on the pan of the City of Fort Collins. However, it is to he understood that PINAL Scllcr and the Purchaser recognize that in actual economic practice, overcharges reedting from antitrust ACCEPTANCE is dependent upon completion ofnll applicable rcquimd inspection pmcedam,. violations are in fact borne 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 hercaner Freight Teats. Shipments must be F.O.H., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522. unless acquired under federal or state antitmsl laws for such overcharges relating to the particular goods or screnacs otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser parsuunt to this purchase order. bill must accompany invoice Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS, Shipment Distance. Where manufacmmrs have distributing points in vnrions pans of the country, shipment is If the Purchaser directs the Seller In comet nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller. and the Seller thcmnfter indicates its inability or unwillingness to comply, the Purchases - shipments are made from grocer distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with .such work. Permits. Seller shall pmcurc at sellers sole cost all accessary permits, certificates and licenses required by all applicable Imes, regulations, ordinances and rules of the state. municipality, contrary or political sulals. xion where the work is perfomed, or required by any other duly constituted public authority having jurisdiction over the work of vender, Seller Further agrees to hold the City of Fen Collins hamdcss from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, onus nnces, rules and requirements. Authorization. All panics to this contract agree that the representatives arc, in fact, boon fide and possess Roll and complete authority to bind m id panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the Isms and conditions staled herein set fanh and any supplementary or additional terms and conditions annexed Veneta or incorporated herein by rcfcmnce Any additional or different isms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if yen cannot make complete shipment to anise on your promised delivery date as noted. Time is of the essence. Delivery and perfnmancc must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpnnial late deliveries, shall operate as a waiver of this provision. In the event Oran y delay, the Pumhaser.shall have, in addition to other legal and equitable mirmlics, the option ofplacing this ruder elsewhere and holding the Seller liable for damages. However, the Seller shall nut he liable for damages is a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable con"] and without its fault of negligence. such acts of Gnd. acts ofeivil or military authorities, governmental pro rfliex, fires, strikes food, epidemics wars or rims provided that notice of the condinons causing such delay is given to the Purchaser within five (5) dos of the time when the Seller first received knowledge thereof. In the cvcm of any such delay , the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller wamnts that all fond., articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, mill be fit for the purposes intended, and performed with the highest degree create 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 Purchaser may suffer or incur on account of the Shccrs breach ofwarranty. The Seller shall replace, repair or make good. without cost to the purchaser, any defects or faults arising within one (1) year or within such longer peind of time as maybe prescribed by law or by the terms of any appl icablc warrants, pmvidcd by the Seller after the date of acceptance of the goarod furnished hereunder (amcpmnce not to be unrcasOaahly 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 crusty claim under this ommnty, Except as othcnvisc provided in this purchase order, the Sellers liability hereunder shall extend to all damages pmximatcly caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits of loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY, 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal toms by wrincn change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms. other than legal temw, including additions to or dcldicns from the quantities originally ordered in the specifications or drawings, by verbal or..rincn change aides. If tiny such change affects the amount due or the time of performance hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment booren the parties as to any work Or materials then in progress provided that the Purcha.wr shall not be liable for any claims or anticipated profits no the uncompleted Portion ofthc gaol, and/or work, for incidental or consequential damages, awl that no such adjustment be made in favor of the Seller with respect to any goods which arc the Shccrsstandard stock. No such termination shall relieve the Purchaser or the Seller array of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within Thirty (30) days from the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller wamno, that all good sold hereunder shall have bcen produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the cards arc subject. The Seller shall execute and deliver such documents is, may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Scllcr agrees to indemnify and hold the Purchaser hamdess form all costs and damages suffered by the Purchaser as 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 disc hereunder without the prior written consent of the other party. 10. TITLE. The Seller wamnt,s full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in Performance of this agreement, free and clear of any and all liens, restrictions, rescnatirm. security interest encumbrances and claims ofothcrs. The Seller shall release the Pumhamr and it contractors of any tier from all liability and claims of any nature resulting from the performance of such wok. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Seller's eontmcmal obligations, including 0amnty, shall not he deemed to be reduced, in any may. hcemlSe such work is performed or caused to he performed by the Purchawn 14. PATEN VS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, nedemark or copyright, the Seller shall indemnify and save hamlcss the Purchawr from any and all claims for infringement by mi on of the use of such patented design, device, material or process in connection with the concoct, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement it any time during the prosecution or a0cr the completion of the work. In case said equipment, or any part 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 Seller shall, at its own expense and at its option, either pmcurc for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing cquipmcnt, or modify it sO n hccomcs noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpl, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business. this order may forthwith be canceled by the Purcm,wr without liability. 16. GOVERNING LAW. The definitions of toms used or the interpretation ofthe agreement and the rights ofall parties hereunder shall be construed under and governed by the laws of the Slate ofCalomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellers Representative(s). on the pmmiws archers, 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's Own risk until the Iimc is fully completed and accepted, and shall, in ease of any accident, destruction or injury to the work and/or materials before Sclders fund completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Parchawr, When materials and equipment are famished by others for installation or erection by the Seller. the Seller shall receive, armload, store and handle same at the site and becomm responsible therefor as though such materials and/or cquipmcnt were being furnished by the Seller reader the order. IR. INSURANCE. The Seller shall, at his own expense, provide for the pay'mcat ofworkem 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 ,ark is to be done. The Seller shall also carry comprehensive general liability including but not limited to, contractual and mnmmcibide public liability insurance with handily injury and death limit arm least S300.050 for any one person. S500.0oo for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his contractors. if any, to provide for such compensation and insurance Before any of the Sellers car his contractors employees .shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insumnec have been provided. Such ecrtificmes shall specify the date when wteh compensation and insurance have been provided. Such eatifientes shall specify the date when such compensation and insurance expires. The Scllcr agrees that such compensation and insumnec shall be maintained until after the entire work is 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 ofany kind Or nature w'hatsocvcr to persons or pmperly caused by or resulting from the execution ofthc work provided for in this purchase order or in connection berms ilh. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees firm and against any and all claims, losses, 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 as action, neglect, omission or default on the part of the Seller. any of his contractors, or any of the Sellers car contractors officers. agents or employees. In case any suit or other pmccedings .shall he brought against the Parehaser, or its officers, agents or employees at any time on account or by reason Of any act. action, neglect, omission or default of the Seller crony 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 in 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 officcns. .agents or employees in such suits or other proceedings. and in case judgment or other lien be placed upon or obtained against the property of the Purchaser. or said parties in or asis result of such suits or other proceedings. the Seller will at once cause the mnm to be dissolved and discharged by giving bond or othcnvisc. The Seller and his contractors shall take all safety precautions famish and install all guards necessary for the prevention of accidents. comply with all Imes and regulations with regard to safety including, but without limitation, the Occupalional Safety and Health Act of 1970 and all roles and regulations issued pursuant themtn. Re,iwd 03/2010