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HomeMy WebLinkAbout365856 ARROW FENCING AND AUTOMATED GATE - PURCHASE ORDER - 9121344City Of PURCHASE ORDER PO Number Page 9121344 1 1 of 2 `t Collins This number must appear 1 1 on all invoices, packing slips and labels. Date: 03/07/2012 Vendor: 365856 ARROW FENCING AND AUTOMATED GATE PO BOX 188 LAPORTE Colorado 80535 Ship To: CLRS ADMINISTRATION CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS Colorado 80524-4 Delivery Date: 03/07/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Fossil Creek Trail @ WCR 1 LOT LS 7,151.39 38 E Fencing Project Fossil Creek Trail at WCR 38 E per estimate 1063 dated 1126/12, invoice 1112 dated 2/17/12. and invoice 1113 dated 2/24/12. C3. O✓l�:sQ�Z 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 Total Invoice Address: $7,151.39 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 effort Collins is exempt from state and local taxes. Our Exemption Number is 99.(4502. Federal Excise Tax Exemption Cenifieate of Registry 94-WM587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Satutcs 1973. Chapter 79-26, 114 (a). Goods Rejected. GOODS REJECTED due to Endure to meet specifications, either when shipped or doe to defects of damage in transit. may be resumed to you for credit and are not to be replaced except upon receipt of written instruction, from the City of Fort Collins. Inspeetinn. GOODS arc suhlcct to the City offal Collins inspection ran arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the hems and conditions hereof, failure or delay to exercise 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 good., hereunder or approval ofthe design..sholl not release the Seller of any of the wemmics or obligation., of this purchase order and shall not be dccncd a waiver of any right of the parehnser to insist upon strict perfoormcc hereof orany of ils rights or rcmcdics as foray such goods. regardless of when shipped, received or accepted, os to any Print Or srbecqucnt default berstndcr. nor shall env purprowd am] 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 equiprcm in response in this order con result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. toolum cd payment ran the pan of the City of Fort Collins. However, it is to be understand that FINAL Seller and the Purchaser recognize that in actual economic practice, oaercharges resulting from antitmsl ACCEPTANCE is dependent upon completion ofall applicable required inspection pmecdurcs. violations arc in fact borne by the Parchascr. Theretofore, for good cause and as consideration for executing this purchase enter, the Seller hereby assigns to the Purchaser any and all claims it may now, have or hereaner Freight Terms. Shipments must be F.O.B., City of Fort Collins. 700 Wood St., Fort Collins. CO 90522, unless acquired under federal or state antitrust Imes for such overcharges rclatme In the particular goods or services otherwise specified on this order. If finer ission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant In this purchase order. hill most accompany invoice Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in vorion, pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defmlive goods by a late to he agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Insome when Purchaser and the Seller,and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the Work to he perfomed by the most expedirioas means available to it, and the Seller shall piv all costs associated with sash work. Permits. Seller shall procure at sellers sole cost all necessary pemits, certificates and licenses rcquircd by all ,applicable laws, regulations, ordinances and rates ofthc state. municipality, territory or political subdivision Where the work is pefomed, or required by any other duly constihned public authority having jurisdiction over the work Of vendor. Seller further agrees to hold the City of Fort Collins hamlcss from and against all liability and loss incurred by them by reason of an asserted Or established violation of any such laws, rcgulntions, ordinances, odes nod requirements. Authorization. All parties to this contract agree that the representatives arc. in fact, boon tide and possess fall and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed herein or incorporated herein by reference. Anv additional or different term,, and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE: PURCHASING AGENT immediately if you cannot make complete shipment to arrive on ymr promised delivery date as noted. Time is of the essence. Delivery and performance must he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial Intc deliveries, shall opcmte as a waiver ofthis prevision. In the event of any ddny, the Purchnscr shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However. the Seller shall not be liable for damages is a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control nod without its fault of negligence. such acts of Geed. acts ofcivil or military authorities. governmental priorities. fires, strikes. flood, epidemics, ears or riots provided that notice of the conditions cursing such delay is given to the Purchnscr within five (5) days of the time when the Seller first received knowledge thereof. In the event of army such delay. the dote of delivery shall be extended for the period equal to the time actually last by reason of the delay. 7. WARRANTY. The Seller warrants that all goods. articles, materials and work catered by this order will conform with applicable drawings, specifications, samples and/er other descriptions given, will be fit for the parposes intended, and performed with the highest degree of care 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 Sellers breach of wamnty. The Scllcr shill replace, repair or make good, without cost to the Purchaser, any dcfeds or faults arising Within one (1) year ar Within such longer period of time as may be prescribed by law or by the terms of any applicable wamnty provided by the Seller after the date of acceptance of the goods burnished hucundu (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials fumishcd by the Seller. Acceptance or use of gnosis by the Purchaser shall not constitute a waiver ofany claim under this wamnty. Except as olhrnvise provided in this purchase order, the Sellers liability hercuadu shall extend to all damages proximately caused by the breach of any of the foregoing warn miss or guarantees, hat such liability shall in no event include loss ofpmfits to 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 terms by wrincn change order. S. CHANGES IN COMMERCIAL TERMS. The Pumha.,er may make any changes to the terms, other than Icga1 terms, including additions to or deletions from the quantities originally ordemd in the specifications or drawings, by verbal or written change order. If any such ehangc affects the amount due or the time ofperfomance hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrincn change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progm. provided that the Purchaser shall not be liable for any claims for anticipated profits ran the uncompleted portion of the goods and/or avnrk. far 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 shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered heramder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirry lift) days fmm the date the change or termination is modems. R. COMPLIANCE WITH LAW. The Seller wamnts that all goods sold hereunder shall have been produced. sold, delivered and fumishcd in strict compliance with all applicable laws and regulations to which the goods arc subject. The Scllcr shall execute and deliver such decuments as may be required to effect or evidence compliance. All laws and regulations required to be uncommitted in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchnscr hamdcss from all costs and damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither park shall assign. transfer. or convey this order, or any manics due or to become due hereunder without the prier written consent of the other party. 10. TITLE. The Seller wamnts fill, clear and unrestricted title to the Purchaser for all equipment, material, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, rescr,mimms, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature rcsulling front the performance ofs¢h work. This release shall apply even in the event of faull of negligence of the party released and shall extend to the directors, ofiicem and employees of such party. The Seller's contractual obligations, including womaty, shall not be deemed to he reduced. in any way, because such work is performed or caused to be performed by the Purchaser. 14. PA TENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark Or copyright. the Seller shall indennifv and save h,amdess the Parchascr from any and all claims for infringement by rcrsmn of the rase of such patented design, device, material or process in connection with the contract, and shall ands..... ify the Purchaser for any cost, expense car dannge which it ntay be Obliged to pay by reason of such infringement it any time during the prosecution or aver the completion of the work. In case said equipment. or any part Ihercof or the intended use oldie goods, is in such .suit held to constitute infringement and the use of acid 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 Paris, replace the .same tvith substantially equal but anninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make on assignment for the benefit of crcd Bats, appoint a receiver or trustee for any of the Sellars property or business, this order may forihn'ill, be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpoetztion ofthc agreement and the rights ofall panics hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in eases where the Seller is to perform Work hereunder, including the services of Scllcrs Representative(s). on the prcmiscs ofothcts. 17. SELLERS RESPONSIBILITY, The Seller shill cony on said work at Seller's mvn risk until the came is fully completed and accepted, and shall. in case of any accident, dectnation or injury to the work and/or materials before Shccls final completion and recepamvc, complete the work at Scllcrs no expense and to the satisfaction of the Parchascr. When materials and equipment are furnished by others for installation or erection by the Seller. the Seller shall receive, unload, store and handle same no the .site and become responsible therefor as though such mateials and/or equipment ivcrc being famished by the Seller under the order. I R. INSURANCE. The Scllcr shall. at his own expense, provide for the payment of workers compensation, including occupational disease hencnts, to its employees employed no or in connection with the work c.vcrcd be this purchase Order. and/or to their dependents in accordance With the laws of the state in which the work is to he dune. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and nnnmnbile public liability insurancc with bodily injury and Ic.th limits of err Is.. S300.000 for any arc person. S500,000 for any one accident and progeny damage limit per accident of S400,000. The Seller shall likewise require his contractors, fully, to provide for such compensation and insurance Before any of the Sellers or his contractors cntplovccs shall do any work upon the premises of olhers, the Seller shall furnish the Pumhascr 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 ser ifieates 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 Scllcr hereby assumes the entire responsibility and liability for any and all damage. Ions or injury of any kind or nature whal,Ocxer to persons or pmpeny caused by err resulling from the execution ofthe work provided for in this purchase rider or in connection herewith. The Seller will indemnify and hold harmless the Purchnscr Ind any or all of the Purchasers officers, agents and employees from 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 pun or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his contractors, car any of the Sellers or contractors Officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser. Or its n0ieco. agents or cntployccs at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its Or their ufBecm, agents or cntployccs as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the came cal the Sellers own expense, to pay any and all costs. charges, momcys 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 he placed upon or obtained against the property of the Purchaser. or said parties in or as a resdt of such suits or other proceedings. the Scllcr will it once cause the same to be riksoh cd and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all gmanls necessary for the prevention of accidents, comply with all laws and regulations wimh regard to safety including. but without limitation, the Occapalionol Safety and Health Act of 1970 and all odes and regulations issued pursonnt thereto. Revisal 03/2010