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HomeMy WebLinkAbout235845 BURLINGTON NORTHERN SANTA FE - PURCHASE ORDER - 9123101PO PURCHASE ORDER 9123101 Page City of PURCHASE 9123101 1 of z C/��►} Collins�This number must appear ,�—J`-' ` " s on all invoices, packing slips and labels. Date: 05124/2012 Vendor: 235845 Ship To: STREETS DEPARTMENT BURLINGTON NORTHERN SANTA FE CITY OF FORT COLLINS C/O STAUBACH AGENT FOR BNSF 625 NINTH STREET PO BOX 676160 FORT COLLINS Colorado 80524 DALLAS Texas 75267-6160 Delivery Date: 05/24/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price INV 1203135 1 LOT LS 27,243.50 Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $500D unless signed by James B. O'Neill Il, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tenns and Conditions Page 2 of 2 L COMMERCIALDETAILS. Tax exemptions. By statute the City effort Collins is exempt from ,state and local taxes. Our Exemption Number is 11. NON WAIVER, 99-01502. Federal Excise Tax Exemption Cesificme of Registry 54-6000557 is registered with the Collator of Pailore of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to latemnl Revenue, Denver. Colorado (Ref Colorado Revised Statutes 1973. Chapter 39-26, 114 (n). exercise any rights or rcmedics provided hcrcin or by Inv, failarc to promptly notify the Seller in the event of a breach. the acceptance of or payment for goods hereunder m 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 watnnties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be retuned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance Imseforeny of its rights or rcmedics as to any such goods, regardless instruction., from the City of Fen Collins. of when shipped. received or accepted, as to any prior ro subscqucnt default hcrcundcr, an, shall any purposed am] modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Imp ation. GOODS am 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. uniforms! payment an the pan of the City of Fort Collins, Hrowvc,, it is to be unlcntnod that FINAL Seller and the Purchnscr rcengnize that in actual economic practice, overcharges msalting from antitrust ACCEPTANCE is dependent upon completion ofill opplieable required inspection proeednrcS, vinkiti,os arc in fact before by the Purchaser. Theretofore. for good cause and as consideration for executing this Purchase order, the Seller hereby assigns to the Purchaser any mhere unit ell claims it ay now have or after Freight Terms, Shipments must be F.O.B., City of Fort Collins, 700 Wend St. Fran Collins, CO 80522_. unless acquired under federal or state nations, Imes for such overcharges relating to the panieular goods or services otherwise .specified on this order. If permission is given to prepay freight and charge sepantdy, the original freight purchased or acquired by dot Purchaser pursuant to this purchase order. bill mast accompany invoice. Additional charges for packing will not he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufcmren have distributing points in various parts of the country, shipment is Ythe Purchaser dimes the Seller to correct nonconforming or defective goods by a date to he agreed upon by the expected from the nearest distribution point to desaftea on, and excess freight will be deducted from Invoice when Purchnscr and the Seller, and the Seller thereafter indicates its inability crunwillingnesx to comply. the Purchaser shipments arc made from greater distance. may cause the work In be perforated by the most expeditious means available to it, and the Scllcr shall pay all costs associated with such work. Pcmuitc. Scllcr shall procure at sellers sole cost all nmcssary permits, certificates and licenses required by all applicable Imes. regulations, ordinances and talcs of the state, municipality. territory or political subdivision when the work is perforaed, nr required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller fisher agrees to hold the City of Fort Collins harmless from and against all liability and Toss incurred by them by reason offs xssened or e9ablishcd violation of any such laws, regulations, ordinances, rules and nequircmcnts, Authorisation. All parties to this contract agree that the representatives arc, in fact. bona fide and pnssess full and complete authority to bind said parties, LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the testis and conditions stated herein set forth and any surplemcnmry or additional tcmx and conditions annexed hereto or incorporated herein by reference Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedimdy ifyou cannot make complete shipment to arrive oa you, premised delivery date as noted. Time is of the cc enec. 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 of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplaeing 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 arc beyond its reasonable control sad without its fault of negligence. such aces of Ged, acts ofcivil or military authorities governmental priorities. fins, strikes. food, epidemics. wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within foe (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of ddivcry shall he extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller wanans that all good, articles. material, and work covered by this order will confnmt with applicable drmvings, specification, simples and/or other descriptions given, will be fit for the pupoxes intended, and performed with the highest degree of care and compdenec 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 stiffer or incur on account of the Scllcrs breach of warranty. The Sellershill replace, repair or make good, withms cut 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 icons of any applicable warranty provided by the Seller after the date of acceptance of the goods fumishcd hereunder (acceptance nil to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofony claim under this warranty. Eeecpl as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warmnlies or guarantees. but such liability shall in ran event include loss nfpstfits or loss of to c. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tents by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms. other than legal terms, including ndditions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any suet change affects the amount due or the time ofperfemnncc hcrcundcr, an equitable adjustment shall be made. h. TERMINATIONS. The Purchaser may at any time by written change order. Icrmiwte this agreement as to any or all portions of the goods then not shipped, ,abject to any equitable adjustment between the parties as to any work or materials then in progrcc pmvidcd 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 he made in favor of the Seller with respect to any grctds 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 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. 9. COMPLIANCE WITH LAW. The Seller warned, that all good sold hereunder shall hive 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 laws sad regulations required to be incorporated in agrecmetts of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hem0ec from all costs and damages suffered by the Purchaser us a result ofihc Sellers Failure to comply with such law. 9, ASSIGNMENT. Neither party shall assign, tnnfer. or convey this order, many monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants fulh 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, reservations, securily interest encumbrances and claims of others. The Seller shall release the Purchaser nail its contractors of any tier from all I flail ily and claims of any nature resulting front the perfonnnnce of such work. 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', contractual obligations, including warranty, shall not be deemed to he reduced, in any sway, because such work is performed or caused to be Performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to ,,,,any design, device, material or process covered by letter. patent, hadennrk or copyright, the Seller shall indemnify and sore harmless the Purchaser from any and all claims for infringement by reason of the use of rough patented design, dcwicc, material or process in connection with the contract, and shall indemnify the Punhawr for any cost, expense or damage which it may be 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 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 promise for the Parchaser the right to continue using said equipment or pans, replace the same with substantially equal but anninfringing equipmcal, m mtxdify it so it becomes naninfringing. 15. INSOLVENCY. If the Seller shall became insolvent ro bankrupt make an assignment for the beneftl of creditors, appoint a receiver or trustee for tiny of the Sellers property or bu iness, this order may forthwith be cancdcd by the Purchaser without liability. If. GOVERNING LAW. The definitions ofterms used or the interpretation ofthe agreement and the rights of ull parties hcrcundcr shill be consmud under and gmemcd by the laws offl a State of Coloado. USA. The following Additional Conditions apply mile in eases where the Seller is to peifomt work hereunder. including the services ofSellers Reprcsclowive(s), on the premiss of others. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Seller's own risk until the same is fully completed and accepted, ind shift. in ease of any accident, do tmetion or injury to the work and/or materials before Seller's final completion mod acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchwr. When materials and equipment ore furnished by others for installation or erection by the Seller. the Seller shall receive, unload. store and handle same at the site sad become responsible therefor as though such materials and/or equipment were being furnished by the Scllcr under the order. IR. INSURANCE. The Seller shall, at his own expense provide for the payment of workers 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 dependent, in accordance with the laws of the state in which the work is to he done The Seller shall also carry comprehensive general liability inehrding, but not limited to, eonlroetual and aatemobRe public liability insurance with bodily injury and death limit of at least S300,000 for any one person, S500.000 for any one accidentand properly damage limit per accident of S400.000. The Scllcr shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall de any work upon the pnntises ofnthers, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been pmvidcd. Such ccrtificals shall specify the date when such compensation and insurance have been pmvidcd. Such certificates shall specify the date when such compensation and insurance expires, The Seller agrees that such compensation and insurance shall he maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINSIF ACCIDENTS AND DAMAGES. l'he Seller hereby asanncs the entire msponsihiliry and liability for any and all dnnmgc loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers offices, agents and employees Form and against any and all claims, losses, damages, charges or cx,rn,c,, whether direct m indirect. and whether to person or property to which the Purchaser may be put or subject by reason of any act, action. neglect. omission or default on the pan of the Seller, any of his contractors. or anv of the Sellers or contractors ofccis, agents or employees. In case any suit or other proceedings shall be brought against the Purchase,, or its nfieen, agents or employees at any time on account or by reason of any act, action, neglect. omission nr default of the Seller of any of his contractors or any of its or their oRcers, agents or employees as aforesaid, the Seller hereby agrees to assume the defcnsc thereof and to defend the same at the Scllcrs own expense, to pay any and all costs, charges, attorneys fees and other expenses. any and ill judgments that may be incurred by or obtained against the Purchaser or any of its or their oRcers, agents or employees in such stirs or other proceedings, and in ease judgment or other lien be placed upon or obtained against the property of the Purchaser, or said panics in or as a result ofsuch suits or other proceedings. the Seller will at once cause the same to be diswth cd and discharged by giving bond or other, ise. The Seller and his comments shall take all safety precautions tbmish and install all guards accessary for the prevention of accidents. comply with all Imes and regulations with regard to safety including. but without limitation, the Occupational Safety and Health Act of POO and all talcs and regulations issacd luestr nt thereto. Rcviscd 03/2010