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HomeMy WebLinkAbout365856 ARROW FENCING AND AUTOMATED GATE - PURCHASE ORDER - 9121383PURCHASE ORDER PO Number Page City of PURCHASE 9121383 1 of 2 ' `tChis number must appear ` Collins1 1�7 on all invoices, packing slips and labels. Date: 03/0812012 Vendor: 365856 ARROW FENCING AND AUTOMATED GATE PO BOX 188 LAPORTE Colorado 80535 Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 03/07/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Addendum to O.B. 3212141 (� c3. o✓�:ves� U 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 7,500.00 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Tcnns and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exempt inn No rather is 11. NONWAI VFR. 95-0,1502. Federal Excise Tax Exemption Certificate of Registry 94-60W5R7 is registered .with the Collector of Failure of the Purchaser to insist upon strict performance of the terms 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 pmvidcd herein or by Ire, failure to promptly notify the Seller in the event offs breach, the neccphnme ofor payment for goods hcrmmder or approval of dw 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 tine waraasses or obligations of this parchasc order and shall not he deemed a oniver of any right of the damage in ins may be remrned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hercol or any of its rights or remedies rase loan " oany such goods, regardless instnotions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder. not shall any parponed and modifientinn or rescission of this purchase order by the Purchaser Opcmtc as a wader of any of the mini Inspection. GOODS arc subject to the City of Fort Collins inspedinn 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 no the pan of the City of Fort Collins. 14nwcvc4 it is to be understmd that FINAL Seller and the Purchaser recognize that in actnnl economic practice, m-crchmges resulting fmm antitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection pmccdnres. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby .signs to line Parehaser any and all claims it may now have or hercancr Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St.. Fort Collins, CO 90522. unless acquired under federal of state anlitnext laws for such overcharges rdzting to the punicular goods or services otherwise specified on this order. If permision is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchnscr parsumu to this purchase order. hill must accompany invoice. Additional charges for packing will not be accepted. 11, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manuf cramis have distributing points in various parts of the country. shipment is tribe Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by be expected from the nearest distribution point to destination, and excess freight will be deducted front Invoice when Purchnscr and the Seller, and the Seller therca Mr indicates its inability or unwillingness to comply, the Purchaser shipments are made front greater distance. may cause the work to be performed by the mint expeditious means available to it, and the Scllcr shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations ordinances and roles of the state, municipality, territory or polilical mldiaision where the work is perforated, Or required by any other duly constituted public authority having jurisdiction over the work of r.dor. Seller fhrbor agrees to hold the City of Fort Collins hamdcs Form and against rill liability and loss incurred by them by reason Of ran assened or established violation crony such laws, regulations, ordinances, rules and requirements. Aulherlmtion. All panics to this contract agree that the representatives are. in fact. hones fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tents and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference Any additional or different terw and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive no your premised delivery date as noted. Time is ofthe 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 limitmion, acceptance of partial late deliveries, shall operate as a waiver of this prevision. In the event nfany 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 Seller shall not he liable for damages as a result of delays due to causes ear mosmOibly foreseeable which arc beyond its reasonable control and without its fault ofacgligence. such acts of God, acts of civil or military authorities. governmental priorities, rims, strikes. Bond, 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 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 of the delay. 3, WARRANTY. The Seller uxunants 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 care and competence in accordance with accepted standards far work of a similar nature. The Seller agrees to hold the purchaser harmless limits any loss. damage or expense which the Purchaser may suffer or incur on account of the Scllers breach of warranty. The Seller shell 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 law or by the term ofany applicable warranty pmvidcd by the Scllcr nfter the date of acceptance of the goods famished hereunder (acceptance not to be unrcesonably delavcd), resnlling from imperfccl 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 a conary. Except as athenyise pmvidcd in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany Of the foregoing warranties or guarantees, but such liability shall in no event indtde loss ofpmfits or loss cruse. 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 is rittcn change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from she quantities originally ordered in the spcci0catimns or drawings, by vedral or written change Onla. If any such change affmts the amount due or the time of perfomtancc hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by ooften change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to anv equitable adjustment between the panics as to any work err materials then in progress provided that the Purchaser shall not he liable for any claims for anticipated profits on the ancomploed portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect many goods which arc the Sellers standard shock. No with termination shall relieve the Purchaser of the Seller ofany Ofthcir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment muss he asserted within thirty (30) days fmm the date she change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all gooris sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance All laws and regulations required to be incorporated in agrecmems of this character arc herche incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchnscr harmless form all costs and damages su Rend by the Parch se, as a result of the Scllcrs failure to comply with such lam. 9. ASSIGNMENT. Neither party shall assign. transfer, or convey this order, or any monies due or to beeonte disc hereunder without the prior written consent of tine other parry. 10. TITLE. The Seller wafmnts full, clear and unrestricted title to the Purchaser for all equipment, materials. and items famished in perfomtancc of this agreement free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier front all linbility and claims of any nature resulting fmm the perfomance oLwmh work. This release shall apply even in the event of fmdt of negligence of the party released and shall extend to the directors, oReco and employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed to he reduced, in any way, because such work is perforated or caused to be perforated by the purchases. 14. PATENTS. Whenever the Seller is required to rase any design. device, material or press,, cavcred by letter, patent, trademark or copyright, the Seller shall indemnify and save hamdess the Purchaser from any and all claims for infringement by rcx oa of the use of such patented design. device. material or process in connection with the contract. and shall indcrom fy the Purchaser for any coat. expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or anet the completion of the work. In ease said equipment, or any part thcrcnf 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, nt its own expense and nt its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt. make an assignment for the benefit of creditors. appoint n receiver or trustee for any of the Scllers prnpcny or business. this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of icmrs used or the imcrprctation ofthc agreement and the rights of all panics hereunder shall he construed tmdcr and governed by the Imes all the State of Colomdo. USA. The fallowing Additional Conditions apply only in cases where the Seller is to perform work Immundcr. including the services of Scllcrs Rcrmscntmivc(s), ran the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is folly completed and accepted, and shall, in case of now accident. destruction or injury to the work and/or materials before Seller's final completion and acceptance. complete the work at Seller's own expense and to the satisfaction of the Putchaxec When materials and equipment arc punished by others for installation or crmion be the Seller. the Seller shall receive, unload. slum and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. I S. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compcnsmion, including occupational disease benefit,. to its employees employed no or in connection with the wmk covered by this purchase aide,, and/err to their dependents in accordance with the laws of the state in which the work is to he done, The Seller shall also carry comprehensive general lirihility including, but not limited so, contractual and automobile public liability in.wmnnee with bodily injury and devh limits of rat least S300,W0 for any One person, S500,000 for any one accident and property damage limit per accident of S4000)0. The Seller shall likewise require his contractors. if any, to provide for such compensation and insumnex. Before any of the Scllcrs or his contractors employees shall do any work upon the premises crashers, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been pmvidcd. Such certificates shall specify the date when such comprnsolion and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire xeOrk is completed and accepted. 19. PRO I'EC'1'ION AGAINST ACCIDENTS AND DAMAGES, The Seller hereby assumes the entire responsibility and Iinhi l ity for any and all damage, loss or injury ofany kind or nature xvhntsocvcr to persons or pmpemy caused by or resulting fmm the execution efher work provided for in this purchase miler or in connection herewith. The Seller will indemnify and hold hamdess the Purchaser and any r 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 perperty to xvhich the Purchaser may be put or subject by reason ofany act, action, neglect, omission or default on the pan of the Seller, any of his contractors. or any of the Sellers or contractors nlfieem. agents or employees. In case anv suit or other proceedings shall be brought against the Purchaser, err its Officers, agents or employees at any time on account or by reason of nay act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their ORecrs, agents or employees as afnimsaid, the Seller hereby agrees to assnnuo the defense thcrcnf and to defend the: are cal the Sellers own expense, m pay any and all costs, charges, attorneys fees and other expenses, any and Al judgments that may be incurred by or obtained against the Purchaser or any of its or their officers. n6ents Or employee, in such .it, or other proceedings, and in case judgment or other lien be placed upon ear obtained rigainsl the property ofthe Purchnscr. or said parties in or as a result of such suits or other pmeecdings, the Seller will at Once cause the same to be disolvcd and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions famish and install all guards necessary for the prevention of aeeidems, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Suretyand Hcalth Acl of 1970 and all ndes and regulations issued pursuant thcmto. Revised 03/2010