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HomeMy WebLinkAbout479712 BARRETT VALUES CENTER - PURCHASE ORDER - 9147448Fort Collins Date: 12/17/2014 Vendor: 479712 BARRETT VALUES CENTER PO BOX 960 WAYNESVILLE NC 28786-0960 PURCHASE ORDER PO Number Page 9147448 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 12/17/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 15242 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 6,775.00 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. COMMERCIAL DEFAIIS. Tax exemptions. Be suture the City of Fort Collins is exempt from slate and local taxes. Our Exemption Number is 98-0502. Federal Excee Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REI LC'rLD due m failure to meet specifications, either when shipped or due to dated, of damage in var.it may be returned to you for credit and ate not to be replaced except upon receipt of written instructions from the City effort Collins. Impassion. GOODS are subject to tlu City of Fort Collins inspection on Spread. Final Acceptance. Receipt of the merchandise, cmicw or equipment in response to this order can result in authorized payment an the Pon of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight tad chords separately, the original freight bill must accompany invoice. Additional charges far packing will not be accepted. Shipment Distance. Where manufacturers have distributing paints in various pans of the country, shipment is expected fmm the nearest distribution paint b destination, and excess freight will be deducted from Invoice when shipments are made fmm greater distance. Pa... Seller shall procure at sellers sole cost zll necessary .its, ediffi aces and licenses required by sll applicable has, regulations, ordinances and rules of de spite, municipalily, eprtary or political subdivision where the work is performed, or required by any other duly constituted public authoury having jurisdiction over the work of ,'add. Seller further agrees to hold the City of Fon Collins harmless fmm and against all liability and loss reed by them by reason of an assured or enobligod violation of any such laws, regulations, unbound, rules incurred nd requirements. Aulhorizdioo All parties to this cunlow, agree fast the representatives are, in fuel, bona file and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This purchase Order expressly limits acceptance to me lams and conditions stated herein set forth and any supplementary or additional arms and conditions annexed harem or incorporated herein by reference. Any additional or different moms and conditions proposed by seller are objected to and hereby ejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you caanot make compleu shipment Io arrive oa your promised delivery date m noted. Time is ofthe essence. Delivery and performance most be effected within the time stated on the purchase Omer 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 army, delay, the Purchaser shall have, in addition to Other legal and equitable remedies, the option of placing this order elsewhere tut holding the Seller liable for damages. However, the Seller shall at be liable for damages as a maul, of delays due to causes no, reasonably frueeable which are beyond its reasonable partial and without its fault of negligence, such acts of Gad, over of civil or military wouncray govemandmi priorities, fires, strikes, Rood, epidemics, wars or nots provided fast notice of the conditions causing such delay is given m the Purchaser within Five (5) days of the time when the Seller best received knowledge therm[ In me evens of any such delay, the date of delivery shlll be eshendM for the proud qual m the time actually dos, by reason of de delay. 3. WARRANTY. The Seller warrants that all goods, order, 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 prmpelence 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 suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair ar make good, without over the purchaser, any deferty or faults rasing within one (1) year or within such longer period of time as may be prescribed by Ines or by the terms army applicable watunty provided by the Seller aBe, the dam of ocepunee of the goads famished hereunder boardwmce nor m be, umeasarebly delayed), resulting fmm imperfect or defective mark done or matmals famished by the Seller. Acceptance or use of good by the Porchoser shall not conshmte a waiver of any claim under this warranty. Except ss otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by me breach of my of the foregoing wamand, or guarantees, had such liability shall in no of include loss of profts or loss artist. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALT, APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes m legal terms by written change omen. 5. CHANGES IN COMMERCIAL TERMS. Ile Purchaser may make any charges to the terns, other than legal mrms. including additions to or deletions from the quantities originally nodded in the specifications or drawings, by verbal or women change omen. If any such change affects de amount due or the time of,adfonnaoce hereunder, an equitable adjustment shall be nude. 6. TERMINATIONS. The Proclaims may at any time by wdtien change omen, terminate this agreement as to any or all portions of the good then not shipped, subject to any equitable adjustment between me parties m to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated prafts on the uncompleted ,nice of the good andfm work, far incidental or crosquentid damages, and that no such adjustment be made in favor ofthe Seller with respect to any goods which are the Sellers standard stack. No such hundred". shall relieve the Purchaser or his Seller of any of their obligations as to any good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assured witNn No, (30) days from the slate the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wamnts that all good sold hereunder shall have been producad, sold, delivered and famished in strict compliance with all applicable laws and regulations m which the goods me cmjat The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required no be incorporated in agreemends of this diameter are hereby incorpomred herein by this reference. Ile Seller agrees to indemnify and hold the Purchaser htmless over all costs and damages suffered by the Purchaser as a result of the Sellers Empire to comply wid such law. 9. ASSIGNMENT. Neither party shall assign, -.far, ar convey this ode, or any monies due or to become due hereunder wiltrup the Poor wdmen consent of the other pray. 10. TITLE. The Seller command full, clear and unrauicted me to the Purchaser for all equipment, materials, and items fished in performance of this agreement, free and Occur of my add all luaus, restrictions, resersutiom, assembly interest encumbrances and claims of oilers. 11. NONWAIVER. Failure of the Purchaser to insist upon card performance of the terms and conditions hereof, failure or delay to any rights or remedies provided herein or by law, failure to promptly notify the Seller in fly, went of a beach, lhc aaepmnce For payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the warranties or obligations of this purchase offer and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance ficomfor my of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hercunde, nor shall any purported oral milli Fiction or rescission of this purchase Omer by the Purchaser operate is a waiver of my of the umu hereat. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seiler and the Purchaser recognize that in actual econmnde produce, overcharges resulting From antitrust violations am in fact home by the Pumhaer. Thi esofore, for good rouse and as consideration for executing this purchase offer, the Seller hereby sssigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or stare antitrust Taws for such overcharges Slating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller m round nonconforming or defective good by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser may cause the work m be performed by the mast expeditious means available to it, and the Scllm shall pay all cos. aataciood with such work. The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature resulting fmm the performance of such work. This release shall apply even in the went of fault of negligence of the pan, released and shall extend to the directors, of ird, and employees ofawh party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused o be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by lend, paten, trademark or copyright the Seller shall indemnify and save harmless de purchaser fmm any and all claims for infringement by reason of the use of such patented design, device, reomal or process in protection with the contract, and shall indemnify the Purchaser far any cost, expend or damage which it may be obliged to Fay by reason of such infringement at any time during the prosecution or after the completion of the work. In cox said equipment, or any pan thereof or the intended use of the gods, 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 produce for the Purchaser the right to continue using said equipment or pans, replace the mama with substantially equal bur no infdngingequipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shout become insolvent or Sandman, make an assignment for the benefit of cmlism, eppoiat a or trustee for any of tad Sellers property of business, this order may fool be canceled by the Pdchsser without liability. 16. GOVERNING LAW. Thc definitions director road or the interpretation ofthe agreement and the rights of all ponies hereunder shall be ..ad under and governed by Ile lass of the Sure of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Reprmenu ads), oa the premises ofothers. It. SELLERS RESPONSIBILITY. The Seller am[] carry, on said work at Sellers own risk until the sane is fully completed and accepted, and shall, au of any oddem, dedrumom or injury m The work candor materiels before Sailers fwl completion and acceptance, template the work ed Sellaces own expense and 0 the satisfaction of the Purchaser. When mteriah and equipment are f fished by others for installation or erection by the Seller, the Seller shall receive, printed, store and hold, same at the site east become responsible therefor as dough such matmals awfd equipment were being famished by the Seller under the offer. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefis, to its employees employed on or in connection with the work covered by this purchase order, dollar to their dependents in accordance with the laws of the state in which the work is to be done. The Sell,, shall also carry romprehereive general liability including, bra not limited to, mntrucherl and automobile public liability insurance with bodily injury and death limits of at least S30(ttnd for any one Person, S500,111)U for any me ccidion and mperry damage limit w accident of S400,o00. The Seller ihsll likewise require his ex mucmrs, if any, to provide far such compensation and insurance. Before any of the Sellers or his contractors employees shlll do my work upon the premises or other; me Seller shall famish the Purchaser with a mrsineam flat such compensation and insurance halt ban provided. Such certificates shall specify the date when such prmpematow and insurance have been provided. Such scrufrdes shall specify the dam when such compensation and insurance expires. The Seller agrees that such compefssum and insurance shall be 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, lass or injury ofany kind or nature whobosver to persons or property caused by or resulting from the execution of the work pmvided far in $is purchase offer or in connection herewith. The Seller will indemnify, and hold harmless the Purchaser and any r all of the Purchasers onivers, agents aM employees fmm and against any and all claims, lasses, damages, changes or expenses, whether dared or indirect, and whether to pdrors or property to which the Purchaser may be put at subject by reason of any tat action, neglect, omission or default on d, pan of the Seiler, my of his untimeliness, or any of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against the Purchaser. or its officers, agents or employees at my time on =count or by crown of my act action, neglect, omission or default ofde Seller of my of his prntmdors or any of i. or their officers, agents or employees as afoeaaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its o, mein officers, agents or employees in such Sam or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchauq or said panics in or as a result of such auto or other proceedings. the Sella will at once cause the sane m be dissolved and discharged by giving bond or otherwise. The Seller and his conlmctmrs shall take all safety Immediom, famish and manful all guvds reams, for the prevention of accidents, comply will all laws and regulations with regard to safety inducing, but winters limitation, the Occupational Safety and Health Ad of 1970 and add rules and reghiauons issued pursuant therero. Revised 07,7014