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HomeMy WebLinkAbout365856 ARROW FENCING AND AUTOMATED GATE - PURCHASE ORDER - 3214050 (2)Fort of Date: 07/24/2014 PURCHASE ORDER Vendor: 365856 ARROW FENCING AND AUTOMATED GATE PO BOX 188 LAPORTE CO 80535 PO Number Page 3214050 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 07/11/2014 Buyer: PAT JOHNSON Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 2 Added additional funds per requistion 47683 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 20,000.00 Pay terms net 30 days 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. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cea ficate of Registry, 84-6000587 is registrant with the Collector of Failure of the Purchaser to insist upon inner performance ofthe fermi and conditions hereof, failure or delay to Imemal Revenue, Derive, Colorado (Ref. Colorado Revised from. I W3, Chapter 39-26, 114 (ar exercise any rights ar readies provided herein or by law, failure in premptly notify the Seller in she event of a breach, the acceptance off payment for goods hereunder or approval ofthe design, shall not release dm Seller of Goad Rejected. GOODS REJECTED due to failure to meet specifiwtiotts, either when shipped at due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be m umed us yam for credit and are not to be replaced except upon receipt of written purchaser to insist upon snit perfomtantt hereof or any of its rights or remedies as to any such good. regardless instructions from the City of Fen Collins. of when shipped, received or accepted, in many prior or sub d,dral default hereunder, nor shall any pulp rr ed oral modification or rescission of this purchase order by the Purchaser operate m a waiver of any of the teens Inspection. GOODS are subject to the City of Fan Collins inspection on arrival. here.[.. Final Acceptance Receipt of the mvchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment an the pan of the City of Fen Collins. However, it is to be understood Out FINAL Seller and the Purchaser recognize drat in actual economic practice, Overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable fequiml inspection procedures, vidatimu arc in fact home by the Purchaser. Theretofore, for good muse and as consideration for executing this purchase order, the Seller hereby assigns to the Pumhaer any and all claims it may now have or hereafter Freight Terms. Shipments most be F:O B., City of Fiat Collins, 900 Wood St,, Fen Collins, CO 80522, unless acquired under federal or stare amitard aws for such overcherges relating to the pamicular good or services Otherwise specified on On, order.If permission is given to prepay freight and chupe 11darely, die original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must acconamin invoice. Additional chances for moking will not be raceoted. Shipment Distance. When, manuf turcrs have distributing points in varrion Fors of the country, shipment is expected fmm the neared distribution point to elimination, and excess freight will be deduced from Invoice when shipments arc made from greater distance. Permits. Seller shall practice at sellers sale cast all necessary idmaes, cenifieates and licenses required by all applicable laws, regulations, ordin:mce and roles ofthe state, municipality, moiety or political subdivision where the work is performed, or acquired by any other duly constituted public autlerity having jurisdiction over the work of serum. Seller further agrees to hold the City of Fort Collins hmmlm from and against all liability and lass incurred by them by reason of an assend or established violation of any such laws, regulations, ordinances, tales and r smitemcon, Authorization. All panics to this common more that the representatives are, in fact, bona fide and possess full and complete authority to bind said patties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the toms and conditions sated herein set forth and any supplementary, or additional terms and conditions annexd hereto or unconsecrated herein by efirm . Any additional or different tams and mrrdidons propasd by seller are objected m and hereby rtjcoed. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immdialely Hyrum cannot make complete shipmnt to arrive an your promised delivery, date as noted. lime is of the essence. Delivery and pert rmnnce 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 front late deliveries, shall operate as a waiver of Nis provision. In the event of any delay, the Puchaer shall has, in addition to other legal and equitable rrmdirs, the option ofplacing this order elsewhere and holding the Seller liable for damage. Howsser, the Seller shall not be liable for damage, of a result of delays due as causes not reasonably foreeaable which em beyond its reasonable control and without its fault ofneglignce. such acts of God, acts ofciol tar military suthoritic , govemmrnml prionties, fires, strikes, Rod, epidemics, wars or riots provided that amour 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 e,car of any such delay, the dam of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all good, articles, matmals and work covered by this order will conform with applicable drawings, specifications, samples marlin other descriptions given, will he fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a -similar nature. The Seller agrees at hold the purchaser hermlves tram tiny loss, damage tar expense which the Purchaser may suffer or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make goad, without cost an the Purchase, any defects or faults arising within one (1) year or within such longer Ferid of rime as may be preuribd by law or by the to. ofeoy applicable wammly provided by the Seller after the dam of acceptawe of the goods fumuhed hereunder (acceptance not to he unseasonably dohmd), resulting fmm imperfect Or defective work done or materials fumishd by the Seller. Acceptance or use of good by the Purchaser shall not consulate o waiver of any claim under this warranty. Except as ohewise provided in this purchase aide, the Sellers liabili s remainder shall extend to all damages proximately caused by the breach of my of the Lamming wamamies or guarantees, but such liabil lay ehull in no event include Ices of profits or loss of use. NO IMP1.l ED WARRANT Y OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may nuke changes to legal terms by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purcluscr may make any changes to file teens,.,her than legal temp, including addltiecns to or delernme. from the quantities militantly ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperfom raure e heuofsh nder, equitable adjustment all Is,made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all pomions of the good then not shipped, subject to any equitable adjustment between the parties as to any work ar materials then in pmgress provided that the Purchaser shall not be liable for any claims her anticipated profits on the uncompleted portion of the goods anchor work, for incidental or consequential damages, and Out no such adjustment be made in favor of the Seller with respect to any good which art the Sellers standard stock. No such institution shall relitve the Foolower or the Seller ofany of their obligations m m any goods delivered hereunder. I. CLAIMS FOR ADJUSTMENT. Any claim for adjustment four be offered within thirty (30) days from the date the change or nomination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and furnished in add compliance with all applicable laws and regulations m which the good art subject The Seller shall execute and deliver such Latecomers as may he acquitd to allied or evidence complunor. All laws and regulations tryuired m he incorporated in agreements of this chamder arc hereby ircorporated herein by this referenct. The Seller agrees to indemnify and hold the purchaser harmless fmm at I costs and damages suf reed by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, hamfe, or convey this order, or any monies due or m became due hereunder without the poor wrinan consent of the other I.Y. Ill. TITLE. The Seller warrants full, clear and unrearrictN title to the Purchaser for all equipment, mmmals, and items famished in perfomtance of this agreement, Gee and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purebasa direcs the Seller to correct nonconfomuing ar defective good by if date no be spaded upon by the Purchaser and the Seller, and the Seller therefter indicates its inability or unwillingness to comply, the Northern may cause the work to be performed by the most expeditious means, available to it, and the Seiler shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any On from all liability and claims of any mature sad ing fmm the performmce of such work. This reason shall apply even in the event of fault of negligence of the party paras l and shall extend of the students, ofcers and employees of such parry. The Seller's contractual obligations, indnding warranty, shall not be deemed to be crossed, in any way, because such weak is perfonnro or caused to be performed by the Purchaser. 14. PATENS. Whenever the Seller is required m use any design, device, nu erial or process covered by leaer, pored. ha demark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by rex»n of fire we of such parented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prostration or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in salt .it held to ronsuffic infngemenn and the use of said equipment or pan is enjoined, the Sella shall, at its own expense and at its option, either procure for the Purchaser the right to common using rid equipment or pans, replace the same with substantially yual but naninGnging equipment. or modify it an it becomes noninfnging. IS. WSOLVENCY. If the Seller shall become insolvent or baNrrupn, make an assigfunern for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by rho Puhas rcer wihom liability. 16. GOVERNING LAW. The definitions oftmms used or the interpretation ofthe agreement and the rights oral[ Fames hereunder shag be conamed under and gavemed by the laws Of the Stare i fColamdo, USA. The following Additional Conditions apply Only in where the Seller is to perform work hereunder, including the services of Sellers Represmfative(s), on heowes premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall cony m said work in same, own risk until the same is fully completed find xcepted, and shall, in case of any accident, destruction or injury to the work sugar materials before Seller's final completion and are ptmee, complete the work at Settees own expense and to the satisfaction of the Pomhmer. When =tennis and equipment are famished by others per installation or erection by the Seiler, the Seller shall receive, unload, store and handle some, at the site and harome, resp icaide rberater as though such materials mngor equipment were being fumishd by the Sella under the order. I8. INSURANCE. The Seller shall, at his own expemr, provide for the payment of workers Fompenearms, including accupatimul disease Namara, to its employees employed on or th connection with the, work covered by this purchase order, angm to their ddpondents in accordance with the laws of the state in which the work is to be donor no Seller shall also carry comprichunsiso general liability including. but not limited to, contractual and ammmmhlle public liability insurance with bodily injury and death limits of of loss, S300,000 for any ace person, $500,000 for any one accident and property damage limit per accident of S400JRKR The Seller shall likewise require his common. , if my, fo provide for such mmaxamo rm. and insurance. Before any of the Sellers me his contractors employees shall do any work, upon the premises of others. the Seller shall famish the Purchaser with is uniform Rod such compensation and insurance have been provided. Such ceffiwfe shall specify the dfm when such anmpensation and insurance have been provided. Such entiftcates shall specify the date when such compensation d insurance expires. The Seller agrees that such compensation and fromance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller bereby assumes the entire responsibility and liability for any and all damage, loss or injury of my kind or rutun, wheaeva to persons or property ensed by or resulting fmm the execution of the work provided f in this purchase order or in connection herewith. The Seiler will indemnify and held bmmless 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 property M which the Purchaser may be put or subject by reamn of any act, action, neglect, omission or default on the pan of the Seller, any Of his omracron, or any of the Sellers or contractors officers, agents or employees. In cam any suit or other proceedings shall he brought against the Ptmhmo, on its officers, agents or employees at any time on account or by reason of my and. action, neglect. omission or default of the Seller of any of his contractors or any of its or then ofcers, agents or employee as aforesaid the Seller hereby agrees to assume the defense thereof and no defend the same at the Sellers own expense, to pay any and all costs, charge, atfomrys fees and other expenses, any and all judgments that nay be incurred by or obtained against fhe Purchaser Or my of its or their officers, agents or employees in such suits Or other proceedings, and in case judgment Or ofer lien be placed upon Or obtained against the property, ofthe Purchaser, or said parries in or as a result of such suits or other praredings, the Seller will at ono rouse the same to be dissolved and dischargd by giving bond or otherwise. The Seller and his contractors shall fake all safety precau0ons, famish and install all guards necessary for the prevention of accidents, comply with all Laws and regulations with ugmd to safety including. but without limitation, the Occupational Safety and Health Act of 1990 and all into and regulations issued pursuant thereto. Revised 0712014