HomeMy WebLinkAbout466764 UNION PACIFIC RAILROAD COMPANY - PURCHASE ORDER - 9143481Fort Collins
Date: 06/19/2014
PURCHASE ORDER
Vendor: 466764
UNION PACIFIC RAILROAD COMPANY
1400 DOUGLAS ST - MS 1690
OMAHA NE 68179-1690
PO Number Page
9143481 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: ENGINEERING DIVISION
CITY OF FORT COLLINS
281 N COLLEGE AVE
FORT COLLINS CO 80521
Delivery Date: 06/19/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Harmony/UPRR Safety
Invoice # 90036359
2 Railroad Crossing Rplcmt.
Invoice # 90036359
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@fogov.00m
1 LOT LS
82,755.46
39,852.76
Total
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
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of For Collins is exempt fmm state and local nixes. Our Exemption Number is
9gtM502. Fedeml Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
[menial Revenue, Denver, Coloado (Ref. Colorado Revised Statutes 1973, Chapin 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due m failure an .,in mecificarmas, tither when shipped or due m detects of
damage in wnsil maybe mounted to you for credit and are not to be approved except upon receipt of women
instructions from the City of For Collins.
Trespasser. GOODS are subject to the City of For Collins inspection on arrival.
Final Acceptance. Receipt of the merchandise, services or equipment in response ao this order can result in
autlmdifd payment on the pan of the City of ran Collins. Ho rover. it is to be uMertood Out FINAL
ACCEPTANCE is dependent upon compleion mull applicable required inspection procedures.
Freight Terms. Shipments mast be F.O.D., City of Fan Collins, 200 Wood St-, For Collins, CO 80522, =less
othemise specified on this order. If permission is given to prepay fight and charge separately, the argued freight
bill most accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have dambuting points in Marrous pans of the country, shipment is
expected (tam the nearest distribution point to ddtietion, and excess freight will be dWucted fmm Invoice when
shipments are made fmm gmain distance.
Permits. Sell, shall procure at sellers sale cost all Moduary permits, aenificates and limsses retired by all
applicable laws, regulations, ordieaces and mles of the sum, municipality, territory or Political suhtGveiw where
the work is Performed, or required by my other duly constituted public norhonry havingjursdichon over the work
of vendor. Seller buffer agrees to hold the City of Fan Collins martinis from said against all liability and Into,
roped] by them by reason of an named or established violation of any such laws, regulations, ordinances, miles
and
rtreluiremmu.
Authorization. All pries to this contract agree that the representatives are, in fact, hoe fide and possess full and
complete .,badly to bind said parries.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the temts and conditions stated
edam set both .and any s,mcmdurry or additional W., and conditions annexJI here,. to admomted herein by
reference. Any additional or different terms and conditions purposed by seller are objected as and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your
promised delivery date as noted. Time is of the damos. 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 psmal late deliveries, shall operate as a waiver ofthis provision. in the event of any delay,
,be Purchase, shall have, in addition m other legal and equitable remedies, the option ofplacing this order duwhere
and holding the Seller liable far damages. However, the Seller shall not be liable for damages as a result of delays
due m causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of God ace, of civil or military minorities, govem rcoul priorities, fires, stakes, flood, epidemics, wars or
rids provided that notice of the conditions causing such delay is given 10 the Purchaser within five (5) by, ofthe
time when the Seller first received knowledge thereof. In the event of any such delay, the dam of delivery shall be
extended for the perod equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be Et for the pumous intended, and
performed with the highest degree of care and competence in accordance with accepted standard for work of a
mils whore. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may suffer or incur oa sec. of,he Sellers breach of warranty. The Seller shall replace, repair or mma
good, without cost to the purchs d. any defects or faults arising within one (I) year or within such longer period of
time as may be presented by law or by the terns ofany applicable warranty provided by tine Seller and the date of
acceptance of the goods fumishnd hertundd (acceptance not to be unreasonably delayed), moping fmm impenitent
or defective work done or m rmals famished by the Seller. Acceptance or sex of goods by the Pur<unsn stall no,
cons morn is waiver i fery claim under Nis wa somy. Except as otherwise provided in Nis purchase order, the Sellers
liability hereunder shall extend to all burger proximately capped by the breach of any of the f going.ammo.
or gnamntxs, but such liability shot] in no event include loss of profis or lass of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4, CHANGES IN LEGAL TERMS.
The Producer may make changes to legal temps, by wripem change order.
5. CHANGES IN COMMERCIAL TERMS.
ne Purchaser may make any changes ro the rtma. m6er than legal ,emu, including additions to or deletions from
the quantities ongiwlly ordered in the specifications or drawings, by excitant or wrote change order. If any such
change atfcce, the amount due or the time ofperformance hereunlce, an equitable adjustment shall be mode.
6. TERMINAT IONS.
The Purchaser may at any time by written change order, ¢rminate, this agreement u to any M oil 'mom of the
good then not shipped, subject to any equitable adjustment between the parties as to any wedge or marnals then in
progress provided that the Prod ucr shall not be liable for very claims for anticipated profits on the uncompleted
Portion of the good and/or work, for incidental or consequential damages, ad that no such adjustment be made in
favor of the Seller with revises to any good which we 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.
T CLAIMS FOR ADJUSTMENT.
Any claim to, adjustment must be moth within lion, (30) days from the dale the change or mmpancr on is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warren. Char all g..ds sold hereunder shall have been prabrcd, sold, delivered and PomisheJ in sme,
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 agreements of this character are hereby Indsrmiated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser se a resull of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither pony shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
Friar avraen cement of the other party.
10. TITLE.
The Seller wartanis Poll, clear and umeemeted title to the Purchaser for all calto"m,, materials, said items furnished
in performance of this agreement, free and clear of any and all lie=, restrictions, recreations, secury added
encumbr4ncas and claims form.
I L NONWAIVER.
Failure of the Purchaser to insist upon stnct performance of the terms anal conditions hereof, failure or delay to
exemise any rights or remedies provided herein or by law, failure to promptly ratify the Seller in the event of a
breach the acceptance of- payment for good' hereunder or approval of the design. shall rent releae the Seller of
any of the warmnries or obligations of this purchase order and shall not be deemed a waiver of any night of the
purchaser to insist upon stet performance hereof or any of its rights in mandies as to any such goads, regardless
of when shipped, received or accepted, as as any prior or subsequent default herewdd, nor shall any pampered
our mortification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
hereaf.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize tam in acaul economic Frontier, overcharges resulting fruit It.,
violations am in End home by the Purchad. Theretofore, for goad spoof and as, consideration for executing this
purchase, order, the Seller hereby assigns to the Processor any and all claims it may now have or hereafter
acquired under federal or sum national laws for such overcharges relating to the particular good or services
purchased or acquired by the Producer pursuant an this prthape order. '
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If she Purchaser daec. the Seller to mrreet nonconforming or defective good by a date to be agreed upon by the
Purchaser and the Schur, and the Seller thema0er radicals its inability or unwillingness to comply, the Purchased
May cause the work or be performed by the most expeditious means available to it, and the Seller shall pay all
cols associmed with such work.
The Seller shall release the Purchmn and its contractors of any tier firm all liability and claims of any nature
ruching fmm the performance of such work.
This release shall apply even in the event of fault of negligence of the pray released and shall extend m the
directors, officers and employees ofsuch pray.
The Sellers wmmctual obligations, including wermnry, shall not be deemed to he reduced, in any way, because
such work is performed or caused m be performed thyme Purchaser.
14, PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, andemad,
r copyright, the Seller shall indemnify and save handless the Purchaser from any 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 rust, expense or &image which it may be obliged to pay by reason of such
inf rclemenl at any time dniing the prosecution or after the completion of the work. In cat said equipment, or
any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of
said equipmen, or an is enjoined, he Seller shall, at its own expense and at its option, either procure for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
noninfdnging equipment, or modify it so it becomes nouinfringing.
15. INSOLVENCY.
If the Seller shall became insolvent or bankrupt, make an assignment for rise benefit of creditors, appoint a
or proud, for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser witham liability.
if. GOVERNING LAW.
The definitions ofterms used or the interpretation of the agreement and the rights ofall parties herewdd shall be
construed under and governed by the laws.fthe State of Colorado. USA.
The following Additional Conditions apply only in cases where the Seller is to perf.on work hereunder,
including the addres.f5ellds Reprefnu,ive(s), oa the premise clusters.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work in Sellers own risk until the same is fully compind ad accepter, and shall,
as au of any scribal, dispersion or injury to the work and'or materials before Sellers final completion and
acceptance, complete the work at Sellers own expense, and to the amisfaction of the Purchases. When mawials
and equipment are fmishd by others for iwullation or erection by the Seller, the Seller shall receive, unload,
stare and handle sane at the are and become responsible therefor as though such materials andor equipment
were being Corrosion] by the Seller under the paid.
18. INSURANCE.
The Seller shall, at his owa expense, provide for the pyment of workers compensation, reducing occupational
disease benefits, to its employees employed on or in conventions with the work covered by this pumha¢ maker,
and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller
shall also Tarty comprehensive general liability including. but rmt limited to, contractor and automobile public
liabiliry insurance with bodily injury and death time. of at If. $300,000 for any one person, S500,000 for any
accident and property damage limit per areidenl of S400,000. The Seller shall likewise reform his
contractors, far, to provide for such compensation and ins,=me. Before any of the Sellers or his contractors
employees shall do any work upon the premises of ethers, the Seller shall f ish the Purchaser with a certificate
that such compensation and insurance have been provided Such certificates shall specify the dale when such
compensation and insurance have been pursued. Such eci ificares shall specify the date when such compensation
and hommnce expires. The Seller agrees that such compensation and insurance shall be maintained writ 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 afany kind
mr w,me wha.oese, to persons or property caused by or esulting from the execution of the work provided for in
this pumhase order or in connection herewith. The Seller will indemnify and hold hornless the Purchaser and any
r all of the Purchasers officers, agents and diffloyees from and against any and all claims, losses, damages,
charges or expenses, whether direr or indirect. and whether to persons or Fernery to which the Purchu, may
be put or subject by reason of any act, action, neglect, omission or default on the an of the Seller, any of his
contactors, or any of the Sellers tar commcmrs officers, agents or employees. In case any suit or other
pradedimgs drill be brought ayinn the Producer. or its officers, agents or employees m any time on account or
by rmson of any it. action, neglect, omission or default of the Seller of any of his contractors or any of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense therm( and to
defend the same an Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses,
any and all judgments that may be incur& by or obtained against the Purchaser or any of its or their officers,
aged. or employees in such Buis or other proceedings, and in case judgment or other lien be placed upon or
.blamed against the properly afire Purelood. or said parties in or as a result of such suirs or other proceedings,
the Seller will at once drove the same to be dissolved and discharged by giving band or otherwise. The Seller and
his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of
accidents, comply with all laws and regulations with regard to safely including, but without limitation, the
Occupational Safety and Health Ad of 1970 and all mres and regulations issued pursuant therein.
Revised 0312010