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HomeMy WebLinkAbout267945 RAILROAD MANAGEMENT III LLC - PURCHASE ORDER - 9150058Fort Collins Date: 01/07/2015 PURCHASE ORDER Vendor: 267945 RAILROAD MANAGEMENT III LLC PO BOX 678432 DALLAS TX 75267-8432 PO Number Page 9150058 1012 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: 01/07/2015 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 315094 - 3-16-15 to 3/15/16 1 LOT LS 5,151.81 301546 40243471 Power Line Encroachment. West of College, 1 S of Prospect 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 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 DETAILS. Tax exemptions. By sane the City of Few Collins is exempt f state and local taxes. Our Exemption Number a 98-04502. Federal Exam Tax Exemption Craig. of Registry 84fi000587 is registered with the Collector of Internal Revenue, Raver, Col..& (Ref. Colorado Revised Statutes 1973, CTalfter 39-26, 114 OT Good Rejected GOODS REJECTED due to failure a meet ad aificawons, ether whom shippad or due mo del is of damage in vomit may be returned to you for craft and are not to be replaced except upon receipt of moan instructions from the City afros Collins. Irslannim. GOODS ae subject to be City of Fort Collins migration on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order an result in authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is deprndan upon completion of all applicable ratified inspection procedures. Freight Icrms. Shipments must be FOB, City of Fort Collins, 900 Wad St, Fan Call ins, CO 80522, unless otherwise specified on this order. If permission is given to prepay, freight and charge separmely, the original freight bill must accompany invoice. Additional charges for packing will not be stoned. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution in, m dcalum in, and on. freight will be deducted from Invoice what shipments are made farm greater distance. Permits. Sells shall procure at sellers to tart all necessary permits, cenificmcs and lit. required by all applicable laws, Rgulaiors, ordinances and ales of the state, municipality, mnitory or political subdivision where the work is performed, or rryuirN by any other duly constituted public authority, havindijurodictioa over the wart of vrndm. Sella further agrees m hold be City of Fort Collins harness from and against all imbdoy and Ion incurred by than by reason of an asserted or established violation of any such laws, roplawnns, ordinances, mles and raluiremena. Authorization. All Wrties to this contact agree that the representatives arc, in fact, thaw fide and possess full and complete authority, to bind said pmies. LIMITATION OF TERMS. This Pu,nhase Order expressly limits acceptance to the emu and conditions stated herein set fah and my supplementary m addllimil mass and conditions annexed herein in incorporated herein by reference. Any additional or different erms and conditions proposed by seller we objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date us noted. Time is .[the essence. Delivery and performance must be offered within the time smul on the purchase order and the documents intoned hereto. No is of the Purchasers including, without limitation, acceptance of panel late deliveries, shall operate as a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remakes, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Sella shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such was of God, acts ofcivil or military authorities, governmental priorities, firea, strikes, broad, epidemic, wars or riots provided that notice of the conditions causing such delay, is given to the Purchaser within five (5) days of the time when the Seiler that received knnwlalge therm[ In the event of any such delay, the also, of delivery shall be extended for the period am[ to Me rime actually lost by mason ofthe delay. 3. WARRANTY. The Sella musicians that all good, articles, materials and work covered by this order will conform wiN applicable drawings, specifications, samples andfor other d,tcriPtiors given, will be fit for Om purposes intended, and perfomtal with the bigness degree of are and compnence in accordance with temptal standard for wow of a similar retort. The Sella agrees to hold she purchaser hairless farm any loss, damage or expense which the Purchaser may sulfa or incur an acaunt of Ne Scam French ofwa mov. The Sellashall replace, repair or make good, without cost to Me purchaser. my defects or felts arising within one (1) year or within such longer period of time as may be prescribed by law or by the seas of my appliable warranty provided by the Sella it, the date of acceptance of the goods famished hereunder (wocptince rat to be immovably delayed), ruuhing from imped'an or defective work done or materials Enriched by the Seller. Acceptance or use of good by the Financier shill not rnstirate a waiver aany claim under reds wamm y. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY, 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal temp by written change order. S. CHANGES IN COMMERCIAL TERMS. The Purdwur may make any changes to the teen, other than legal teen, including additions to or deletions farm Me quantities originally ordered in Me spaifiatorw or drawings, by verbal or wrinrn change order. If any such change afEcta the amount due or the lime ofpalbr ic. heremukr, an equitable adjustment shall be toad,. 6.TERMINATIONS. TM Purchaser nay al any time by .wren change miler, ..from this agreement as li my or all pinions of the goods then not shipped, subject to any equitable adjustment between the inches as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for mlicipited parrot on the uncomPleal portion of the goods and/or wort., for incidental or conscqumful darrugen, and that no such adjustment be made in favor of the Seller with respect to my good which are the Sellers standard mock. No such lamination shall relieve the Purchaser or the Seller nfmy of their obligations as to my goods delivered hereunder. q. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within Minty (30) days from the date Me change or termination is ordered. 9. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and fumishal N strict compliance with all applicable laws and regulations to which the goods on 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 incorporated herein by this reference. The Sella agrees to indemnify and hold the Pumhasa hmmless from all costs and dumages suffered by the Purchaser as a result of the Sellers failure to comply with such Law. 9. ASSIGNMENT. Neither pray shall assign, tmrsfr, in convey this order, or any monies due or to became due hcre,mder without the prior women comet ofthe other party. Ilb TITLE The Sella warrants full, clear and unrestricted ride to the Parclsmer for all esiipment materials, and items famished in performance of this agmemcat f and clear of my and all lien, restrictions. racnatiors, security mRrest acumbmnces and claims of.thes. I L NONWAIV ER. Failure of the Purchaser to waist upon strict perinm—era of Me terms scut mMitions hereof, failure or delay, to any rights or benalies povided basin or by law, failure W prompaly rawly be Seller is the event of a breach Ne acreg ante of or payment for goods here,mder or approval of the design, shall Out release tut Seller of any of the wannatia or obligations of this pumbase order and shall not be dawned a waiver of my right of the Purchaser to insist upon strict performance hernfor my of its rights or remedies in to any such goods, regardless of when shipped, received or accepted, as to my prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase worker by the Purchaser operate as a waiver of my of the town beteor. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ere violations arc in fact borne by the Purchaser. Thtofore for good arise and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or slate minim taus for such overcharges relating a, the paniemm goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to coma noncanfrrning or defective good by a date to be agreed upon by the Purchaser and the Seller, and the Seller therwtter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be Performed by the most expeditious moans available to it and the Seller shall pay all costs anociated with such work. The Seller shall I. the franchiser and its contractors of any war firm all liability and claims of my retire resulting farm the performance ofsuch wow. This .1. shall apply even in the on, of fouls of mgligenm of the parry rekmal and shall extend to the directors, officers and employees ofsuch parry. The Sellers contractual obligations, including warranty, shall not be darned in he reduced, in my way, because such work is performed or cauud to be pafo oral by the Purchaser. 14. PATENTS. Whenever the Sella is rational to we any design, device, material or process covered by lever, paent trademark in copyright, the Sella shall indemnify and save harmless the Purchaser it= my and at I 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 col, expense or damage which it may be obliged to Pay by reason ofsuch infringement many time during the pmsaution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of ate goad, is in such wit held . anstimte infringemem and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for be Purchaser the right to continue using said equipment or pans, replace the same with substantially ryml but nonmfriatting equipment, or modify it m it becomes noninfeinging. 15. INSOLVENCY. If Me Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, app rim a or mame for any of tut Sellers property or business, this coder may faMwitb be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or for imerpretawov of Ne agreement and the rights of all Parties here,mder shall be anstrual anchor and governed by the laws nfthe State ofColomdo, USA. The following Additional Conditions apply only in cases whom tut Sella is to perform work hcreuMa, including the services of Sellers Repmentative(s), on Ne premises ofofrs. IT. SELLERS RESPONSIBILITY, The Seller shall carry on said wow an Seller's own risk until the same is fully completed and accepted, and shall, in u of my accident, destruction or injury in the work anNm materials before SclicJs final completion and eceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser When materials and equipment are famished by Others for installffion or aernon by the Sella, the Seiler shall receive, urinal, sore and handle some at the site and became responsible therefor in though such materials mNor equipment were being fumished by the Seller under the order. 18. 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, andror to their dependents in accordance with the laws of the some in which the work is m he done. The Seller shall also any, comprehensive general liability including, but not limited to, contractual and automobile public liability ireurunce, with bodily injury, and dean limits of at love 5300.01aJ for any one person, $5W,OW for any one accident and property damage limit pa accident of 5400,000. The Seller shall likewise require his consmctars, if my, to pmvide for such compensation and insurance. Before my or Me Sellers or his contr-was employees shall do any work upon the premises of others, she Sella shall f ish the Purchrscr with a cenifiam but such compensation and womnce have been provided Such certificates shall specify the dam what such compensation and insurance have been pmsided. Such certificates shall specify the date what such compnuatioa and mo m us, expires. The Sella agrees thm such ampersatinn and insurance shall be swinummi awl after the entice work is completed and wcapsed 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ns uma the atim cosponsibility, and liability for my and all damage, loss or injury of my kind or mare whatsweyer to persons or property' caused by or resulting from Ne execution ofthe work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold harmlessshe Purduaser and any cr all of the Purchasers officers, agents and employees farm and against my and all claims, losses, damages, harges or expenses, whether direct or indirect, and whether a prams or propeny to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of th< Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought agaim, the Purchaser, or its officers, agents or employees at any lime on account or by reason of any act, action, neglect, omission or default of me Seller of any of his contractors or my of its or Nair officers, agents or employees as aforesaid, the Seller hereby agrees to mans, the defense thereof and to defend the same at the Sella own expenu, to pay any anal all costs, charges, attorneys fees and other expenses, my and all judgmcna that may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employers in such suits or other proaalmgs, and in case judgment or other lien be placed upon or Obtained against the property of the Purchaser, Or said ponies m or as a ..It fsuch suits or other proceedings, the Sella will at move ante the same ti be dissolved and discharged by giving hand or otherwise. The Seiler and his contractors &ball lake all safety precautiorss, famish soft install all guard nccaaary for the prevention of candena, comply with all laws and control. wiN regard to away including, hot without limitmioo, the Occupational Safery out Hwlth Act of 1970 and all ales and cogitation; issued parsumt thereto. Revised Wallis