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HomeMy WebLinkAbout235845 BURLINGTON NORTHERN SANTA FE - PURCHASE ORDER - 9142041PURCHASE ORDER PONumberPage CityofCollins ���►►► s1a2oa� +aft Flirt Coll I n C This number must appear �—,J`_' ` ` �7 on all invoices, packing sli s and labels. Date: 0411012014 Vendor: 235845 BURLINGTON NORTHERN SANTA FE C/O STAUBACH AGENT FOR BNSF PO BOX 676160 DALLAS TX 75267-6160 Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 04/10/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Ordered Unit Price Extended Price 1 CONTRACT#BF35043 INVOICE DATED 3-13-14 j"ar;.JP14 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul 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: 28,902.63 902.63 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 DEFAILS. Tax exemptions. By smtuse the City of Fort Collins is exempt farm shimend Iocd taxes. Our Exemption Number is H-NONWAIVER. 98-04502. Federal Excise Tax Exemption Cenificam of Registry 84-6000587 is registered with the Colledm of Failure of the Purchased m insist upon strict performance of the terms and conditions hereof, failure or delay m Internal Revenue, Denver, Colorado (Ref. Colons& Revised Statutes 1973, Chapter 39-26, 114 (a). 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 -payment for goads hereunder or 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 warranties or obligations of this purchase order and shall not be deemed a waiver of any tight of the damage in tramit may be rearmed to you for credit and arc not m be replaced except upon receipt of written purchaser to insist upon strict Performance hereof or any arms rights or remedies as to any such goods, regardless instructions farm the City affirm Collins. refection shipped, received or accepted, as to any prior or subsequent default hereunder, our shall any purported oral modification or rescission of this purchase order by the Purcfaur operate as a waiver of any of the tams Inspection. GOODS are subject o the City affect Collins inspection on arrival. hereof. Final Acceptance. Receipt of Me merchandise, services or dquipmenl in response to this order can result in 12. ASSIGNMENT OF ANTFFRUST CLAIMS. authorized payment on the pan of the Ciry of Fort Collins. However, it is to be, understood that FINAL Solid and the Purchaser recognize that in actual monomm practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable rtquirtl inspection procedures. violations are in fact home by the Puarhaser. Theretofore for good muse and an consideration for executing this purchase order, the Sella hereby assigns an the purchaser any and all claims it may now have or hcmafer Freight Terms. Shipments most be F.O.B., City of Fort Collins, 900 Wood la, To. Collins, CO 80522, unless acquired under federal or state adown laws for such overcharges reining to the particular goads or services Otherwise specified on this order.Ifpemnission is given m prepay freight and charge sepmamly, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the mount distnbution point to destination, and excess freight will be, Mortared from Invoice when shipments are made from greater distance. Perenits. Seller shall procure al sellers sole cost all naaury, permits, certificates and licensed mattind by all applicable laws, regulations, ordinances and miss of the state, municipality, memory or political subdivision where the work is performed, or required by any other duly dominated public immunity havingju isdinion over the work of vendor. Seller further agrees to hold the City of Fort Collins harmlen from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Aulborizntion All parties In this contract now, Nat the reprade tiles me, in fact, It... fide and possess fall and mmplem authority to bind said parries. LIMITATION OF TERMS, This Nuchue We, expressly limits acceptance to the rams and conditions stared herein set food and any supplementary or additional toms and conditions annexed hereto or incorporated herein by reference. Any additional or different team and conditions proposed by seller are objected as and hereby reject 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipmcnl to arrive on your promised delivery dam ns noted Time is of the essence. Delivery and performance must be of arod within the time stated on the purchase order and the documents attached Linda. No acts of the Purchasers including• without imimtion, acceptance of partial late deliveries, shall operate as a waiver of this provision In the evem army delay, the Purchaser shall have, in addition to other legal and turntable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable cannel send without is fault of negligence, such acts o'God, acts ofcivil or military authorities, govenrmental marries, tires, strikes, food, epidemics, wars or than provided that room of the conditions causing such delay is given to the Purchaser within five (5) days of the time whom the Seller first received knowledge Meant In Ind evem of any such delay, the date of delivery shall be extended for the period equal to the time normally lost by reaon of the &lay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work revered by this order will conform with applicable drawings, specifications, samples anNm other descriptions given, will h fit for the purposes amended, and perfomled with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller admix to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of warranty. The Seller shall replete, man it or make good, without cost to the purcuseq any defects or faults arising within one (1) year or within such longer period of time as may Is, prescribed by law or by the terms of my applicable warranty provided by the Seller after the date of acceptance of the goad famished hereunder (acceptance not to be unretounbly delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or as, of good by the Purchta shall me constitute a waiver ofany claim under this wmemly. Except as otherwise provided N this purchase Order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warontio or gumantces, but such liability shall in no meat include Ins of profs or loss ofuw. 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 wdnen change order. 5. CHANGES IN COMMERCIAL TERMS. . The Purchaser any make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in Me specifenlons or drawings, by verbal or women change order. If any such ,bang. offer. Me amount due or the time Ofperfarmmea heramda, an equitable adj eannom sbull to made. 6. TERMINATIONS. The Purchaser may . any time by written change amid, memianne this agreement as I. any or till of. of the good then not shipped, subject to any equitable adjmrradat between thc tomes as to any work or materials Olen in progress provided Nat the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods anrpor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Sella with respect to any good which me the Sellers standard stock. No such admiration iration shall relieve the Purchaser or the Seller of any oftheir obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for stimulated most be, assents within thins (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants Out all goods sold hereunder shall hove been prO&ded, sold, delivered and furnished in send compliance with all applicable laws and regulations to which the goods am subject. The Sella shall execute and &liver such &cummts on may be required to efed or evidence compliance. All laws and regulations required to b , ncomorated in agreements d this chance, are hereby incorporated herein by this mfderem. The Seller agrees to indemnify and hold the Product harmless from all casts and damages suffered by the Purchnsd as a result of the Sellers failure In comply with such law. _ 9. ASSIGNMENT. Neither party shill ensign, Immfe, or convey this order, or any monies due or to become due hereunder without the prior wrten masons of the other cam. 10. TITLE. The Solid wtrants full, clear and unrairmid title an the Purchased for all equipment materials, nod it. famished in in formande of this agreement free end clew of my and all diem, moment reservations, aceurity interest mcuubranca and claims ofather. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Tumbled directs the Sellerto cancer nonconforming or defective goods by a Mato to be agreed upon by the Purchaser and the Seller and the Seller therofer indicates its inability or unwillingness to comply, Me Purchaser may muse the work to M performed by Me most eapediticas means mailable to it, and Me Seller shall pay all cost, associated with such work. The Seller shall make the Producer and its contractors of any fier from all liability and claims of any narum resulting tram the performance atsuch weak. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, olRttrs and employees of such pmmy, The Seller's contraction obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed a, caused to be performed by the Purchased. 14. PATENTS. Whenever the Seller is marked ed muse any design, dd'ice, national or process meemd by letter, parent trademark or copyright, the Seller shall indemnify and saso hannlecs the Purchaser form any and all claims far infringement by reawn of the use of such amenred design, deride, material or process in connection with the comer¢, and shall indemnify the Pua fixer 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 pan thereof or the intended use of the goods, is in such suit held to cotsstione infdngemenl and the use of said entrapment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Pumhaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfnnging equipment or modify it so it become noninfnugmg. 15. INSOLVENCY. If the Seller shall become in edecal or boul: epl, make an asdgmnem far the benefil of credimrs, appoint a mucivar or trustee for any of the Sellers Property or bovines, this order may foeNwith be omeled by the Purchaer William liability. 16. GOVERNING LAW. The di fnitions ofterns at or the interpretation of the agreement and Me rights of all panic hereunder shall be command under and lowered by the laws of Ne Stare of Colorado, USA. The following Achinimad Conditions apply only in where the Seller is elm perform work hereunder, including the serviced of sellers Repa unlative(s), on theraw. premises orations. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, fin case of any accident, destruction an injury to the work torpor materials bet Seller's final completion and acceptance, mmplem the work at Sellars own ea,. and as the si dGcami of the Purchaser. Yoram rraterials and equipment arc fumishM by others for installation or erection by the Seller, the Sella shall receive, adnad, store and handle same at the site and become naponsible dwr fm in Mough such materials anther manpower were beingf fished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own carouse, provide for the payment of worker 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 slate in which the work is to be done. The Seller shall also carry comprehensive gmeml liability huddling, but not limited to, contractual and automobile public liability imurrowe with bodily injury and death limits of at least S3 W,Wn for any one parson. Ss W,II00 for any com accident and porperty &magi limit Per accident of S400,000. The Seller shall likewise require his dannowana. if any, m provide for such compounds. and insurance. Before any of the Sellers or his commdors employes shall do any work upon the reduction of otlrcrs, the Seller shall famish the Purchaser with a mrrifmu that such compensation and insurance have been amended. Such mnifrcates shall specify the date when such compensation and insurance have been pounded. Such certificates shall specify the date what such compensation and imumnce expires. The Seller agrees Out such compensation and insurance shall he 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 Of my 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 Sella will indemnify and hold hamdcss the Purebaser and any or all of the Purchasers officers, agents and employees farm and against any and all claims, losses, damages, cleargo or expenses, whether direct or indirtt, and whether to persms or property m which the pumhmer may be put Or subject by reason of any act, action, neglect, omission or default on the pan of the Sella, any of h6 onmucmrs, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought ngainsl the Purchaser, or its officers, agents or employees at my time on account or by reawn of my act, action, neglect, emission or default of the Seller of any of his conteadom or any of as or their ofic sex, agents or employees as aforesaid, the Sella hereby agrees to assume the deft Mermf and to defend the same at the Sellers own expense, to pay any and all coon, charges, attameys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaer or any of its or that officers, agents or employees in such suits or other proceedings, and in case judgment or other lie be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such suits or offer proceedings, Me Seller will at once out Me same to h dissolved and discharged by giving bond or otherwise. The Seller and his contractors &ball take all safety Formations, famish and install all guard naasary for Om prevention of saidens, comply with all laws and regulations with regard to mfny including, but without liuiufion, the Occupational Safdy and Health Ad of 1970 and all roles and regulations issued Purt thereto. Revised 03Q010