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HomeMy WebLinkAbout365856 ARROW FENCING AND AUTOMATED GATE - PURCHASE ORDER - 9121272City of Fort Collins //"v PURCHASE ORDER PO Number Page 9121272 1 of 2 This number must appear on all invoices, packing slips and labels. Date: 0310512012 Vendor: 365856 Ship To: OPERATIONS SERVICES ARROW FENCING AND AUTOMATED GATE CITY OF FORT COLLINS PO BOX 188 300 Laporte Avenue LAPORTE Colorado 80535 Building B FORT COLLINS Colorado 80521 Delivery Date: 03/05/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price Avery House 1 LOT LS 5,457.33 Repair fencing and/or gates Parts and labor to remove old fence and replace with new cedar at the Avery house. Total $5,457.33 C3. Oi'le�-a2� City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, 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 Fort Collins is ezcmpl fmm state and Incur taxes. Our Exemption Number is 11. NONWAIVER. 99-14502. Federal Excise Tax Exemption Certifinite of Registry 84-Id M5S7 is registered with the Collector of Failure of the Purchnscr In insist upon strict performance of the Isms and conditions hcmnf failure or delay to luenmil Rcvemfe, Denver, Cninmdn (Ref Colorado Revised Stmntcs 1973, Chapter 39-26. 114 (a), exercise any rights or remedies provided herein or bylaw, Iodine to promptly notify the Seller in the event of a breach, the ncecptance of or pavment for goods hereunder ar npprmvM of the design. shall nil release the Seiler of Goods Rejected. GOODS REJECTED due In failure to meet specifications, either when shipped or due to defects of any of the waromies or obligations of this purchase order and shall not he decried a waiver of any right of the damage in transit, may he returned to you for credit and arc not to he replaced except upon receipt of written purchaser to insist piano strict perfommnce herenf or any of its rights or rcmedicss as to anv such goods, regardless imtn¢tions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any parponed nil modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hercof, Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNM ENT OF ANTITRUST CLAIMS. mahorizcd payment on the pan of the City of Fort Collins. However. it is to be understood that FINAL Seiler and the Purchaser recognize that in actual economic practice, rn'crcha-ges resulting front antitmst ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations arc in fact borne by the Purchascr. Theretofore. for good cause and as consideration for executing this purchase Order, the Seller hereby assigns to the Purchaser any and all clainw it may now have or hereafter Freight Terms Shipments must be F.O.B., City of Fort Collins. 7W Wood St, Fen Collins, CO 90522. unless acquired under federal or state antitrust laws for such overcharges relminn to the particular goods Or services olhcns'ise specified on this order. If permission is given to pmpay freight and charge sepnmtcly, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. hill must accompany inanice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller In forcer noncon fanning 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 fmm Invoice when Purchascr and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made front greater 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. Scllcr shall p mecum at sellers sole cost all necessary permits, certificates and licenses required by all .applicable lases, regulations, ordinances and Wes of the state, municipality, territory or political subdivision where the work is perfomtcd. or required by any other duly constituted public authority hiving jurisdiction over the work of vendor. Seller further agrees to hold the City of Fart Collins harmless from and against all liability and loss inured by them by reason of an asserted or established violation of any such laws regulations, ordinances, mugs and requirements. Authorization. All parties to this contract agree that the representatives are. in fact. bona fide and resscss 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 supplcmcntury or additional cons and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are obilected wand hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is of the essence. Delivery and performance 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 ofpanial late deliveries, shall operate as a waiver of this provision. In the event ofnny delay, the Purchascr shall have, in addition to other legal and equitable rcmedics, the option of placing this nrdcr cIwvJwm and holding the Seller liable for damages. I lovvvcr, the Seller shall not he liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its Paull of negligence, such acts of Gnd. acts ofcivil or military authorities. governmental priorities, Ores, strikes Rood, 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 Ent mccived knowledge 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 vana rs that all goods, articles, mmenals and work covered by this order will conform with applicable dmrvings, spedfieztions samples and/or other descriptions given, will he fit for the purposes intended, and paformcd with the highest degree of care and competence in accordance with accepted standards for work of n similar nature. The Seller agrees to hold the purchaser harmless form any loss, damacc or expense which the Purchascr may suffer or incur on acwum of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (I ) year or within such longer period of time as may be presenbed by law or by the terms creme applicable warranty provided by the Seller ancr the date of acceptance of the good.; furnished hereunder (acceplamu not in be unreasonably delayed), resolting from imperfect or defective work done Or materials furnished by the Seller. Acceptance or use of goods by the Purchascr shall net constitute a waiver ofnny claim under this warranty. Except as otherwise pmvidcd in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the Interning ummities or guarantees, but such liabilityshall in no event include loss of pmPos or 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 terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to nr MOT.ns fmm the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperfomance hereunder. an equitahle adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by written change order, teminatc this agreement as to any or all motions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for amieipated profits on the uncompleted Panic. of the goods andior work, for incidental or consequential damages, and that no such adjustment be trade in favor of the Scllcr with respect In any goods which am the Sellers standard stock. No such termination shall relieve the Purchaser or the Seiler ofnny of their Obligations as to any goat delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in sfiel compliance with all applicable haws and regulations to which the goods.am subject The Seller shall execute and deliver such documents us may he required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchascr harmless from all costs and damages suffered by the Purchaser as a result tithe Sellers failure to comply n'ith such law. 9. ASSIGNMENT. Neither parts shall assign, transfer. or convey this order, or any monies due or to hcoame due hereunder without the prior written consent of the other party. 10. TITLE. The Seller uamnts full, clear and numstrietcd title to the Purchascr for all equipment, matcria IN, and items tallied in perfomancc of this agreement. free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of olherz. The Seller shall release the Purchaser and its contractors of any tier front all liability and claims orany nature resulting form, the performance of such wrokl. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, o(fccrs and employees of such party. The ScILr's contractual ohiigotions, including wamnty, shall not be deemed to be reduced, in any way, because such work is performed or caused to he performed by the Purchnscr. 14. PATENTS. Whencver rife Scllcr is required to use any design, device. material or process covered by letter, patent, trademark m copyright, the Seller shall indemnify and save hnrmlcss the Purchaser from anv 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 pmsecutinn or after the completion of the work. In case said equipment, or any pan thcrcof or the intended Oise of the goods, is in .%rch snit held to constitute infringement and the use of said equipment or pan is enjoined, the Seiler shall, at its own expense and at its option. either procure for the Purchaser the right to continue using said equipment or Trans, replace the same with substantially equal but nnninfringing equipment or modify it sac it becomes nnninfringing. 15. INSOLVENCY. If the Seller shall become insOlvent or bankrupt, make On assignment for the benefit of creditors, appoint a receiver or trustee for .any of the Sellers mmperty or business, this order ma)forthwith he canceled by the Purchaser without linbility. 16. GOVERNING LAW. The definitions of tcrow used or the interpretation ofthc agreement and the rights ofnll ponies hereunder shall be construed under and go'emcd by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in eases rahere the Seller is to perform work hereunder. including the wrviccs of SOke, Rcpmscatdivc(s), on the premtcs ofothers. 17. SELLERS RESPONSIIIILITY. The Seller shall carry on said work at Seller's own risk until the snow is rally completed and accepted, and .ahnll, in ease of any accident, desir action or injury, to the work and/or materials before Scllcr's final completion and ncecptance, complete the work at Sellers own expense and to the satisfaction of the Purchascr. When materials .and equipment arc furnished by others for installation or erection by the ScIIcL the Seller shall receive, unload, .store and handle state at the site and become respnnsihlc therefor as though such materials and/or equipment were being furnished by the Seiler under the order. IR. INSURANCE. The Seller shall. at his own espensc. provide for The payment of workers compcnsntion. 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 Imes of the state in which the work is to be done. The Scllcr shall also carry comprehensive general liability including, but not limited to. contractual and automobile public liability invonnce with bodily injury and death limits dot least 5300.000 for any one person. $500,000 for any one accident and property damage limit per occident of 5400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers Or his contractors employees shall do may work upon the premises of others. the Seller shall furnish the Purchascr with a cedificam that such compensation and insurance have been pmvidcd. Such certificates shall specify life date when such compensation and insurance have been mrtrvided. 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 ueeepted. 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 ar nature whatsoever In persons or pmperty caused by or occulting from the cxemnion nfthc work movidcA for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchnscr and any r all of the Purchasers Officers, agents and employees front and against any and col claims, lasses, damages, charges or expenses, mvhmher direct or indirect, and whether to persons or pm snrty to a Inch the Purchaser mov be put or subject by reason of any act, action, neglect emission or default on the part of the Seller. any or his contractors, or any of the Sellem or contractors omects, agents or employees In case any suit or other pmccc, ings shall he brought against the Purchascr, or its affects. agents or employees at any time on account or by reason of any act action, neglect, omission or default of the Seller of any of his contmtlars 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 Seiko, own expense. to pay any and all costs charges, attomcys fees and other expcttses. any and all judgments that may be incurred by Or obtained against the Purchascr or any of its or their ofTam, agents or employees in such suits or other Proceedings, and in can judgment or other lien be placed upon or obtained against the property of the Purchaser. or said panics in or as a result dsuch suits or other proceedings the Seller will a1 once emrse the same to be dissolved and discharged by giving bond or otherwise. The Seller 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 "th regard to safety including, bot without limitation, the Occupational Safety and I Icahh Actor 1970 and all .deb and regulations issued pursuant Ihcreo. Rewind 03/2010