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HomeMy WebLinkAbout302683 BARTON SUPPLY - PURCHASE ORDER - 3215315Fort Collins Date: 01/1312015 Vendor: 302683 BARTON SUPPLY 300 HICKORY FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 3215315 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS CO 80524 Delivery Date: 01/13/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Ordered Extended Price 1 Rebar Supplies IimSel�I16y 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. 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 15,000.00 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. CONLMERCIAL DETAILS_ Tax exemptions. By statute the City of Fan Collins is exempt from state and local laws. Our Exemption Number is I I. NONW AIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions Fdrmf, failure or delay w Internal Revenue, Denver, Colorado (Ref Colorado Reused Statutes 1973, Chapter 39-26, 114 (a). exerciseany nghs or remedies provided herein or by law, failure to promptly notify the Seller in Me event of a breach Me acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Cmod Rejected. GOODS REJECTED due no failure to men specif ewhims, either whom shipped or the to defects of at of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in town, may be rammed to you for credit and are not to be replaced except upon receipt of wrinen purchaser to man upon inner performance herafor my mils rights or remedies as to any such goods, regardless contractions from the City of Ton Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall my purpa red and modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection GOODS are subject to the City of Fort Collins inspection on amval. hereof Final Acceptance. Receipt of the meahandse, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorimd payment on the pan of the City of Fan Collins. However, it is to be understood that FINAL Seller and Me Purchaser cardigan than in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of ell applicable required inspection procedures. violations are in fan home by Me Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B.. Ciry of Fan Collins, 900 Wood St, Fan Collins, CO 90522, unless acquired under federal or state specom laws for such overcharges relating to the particular goods or services otherwise specified em this order. If permislon is given to prepay freight and charge separately, she original freight purchased or acquired by the Purchaser pursuant to Nis purchase order. bill must accompany invoice. Additional charges for jacking will net be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers base disnilow, points in various pans of the country, shipment is If Me Purchaser Marcos Me Seller to eorrat nonconforming or defective goods by a date w be agreed upon by Me expected from Me nearest distnbution point to Managing, and access freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillin®re s w comply, the Purchaser shipments are made farm grain, distancemay ease Me work to be performed by Me most expeditious meets available to it and Me Seller shall pay all coon ..ciowd with such work. Permits. Seller shall procure at sellers cold and all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of Me state, municipality, territory, or political subdivision where Me work is performed or rumored by any other duly coutimted public aurbonly having jurisdiction over Me work of vendor. Seller fuller agrees to hold Me City of Fort Collins harmless from and against all liability and loss tired by them ass by reason of an asserted or established violation of my such laws, regulations, ordinances, col, rand requiraning. Authoritarian. All panias to this contract agree Man Me rVowermativen are, in fact, bona fide and possess full and complete authom, to bind said parties. LIMITATION OF TERMS. This Parching, Order expressly limes acceptance to Me temu and conditions stated herein set full and my supplementary or additional tamer and conditions annexed hereto or incorporated herein by reference. Any additional or differentterms and conditions proposed by seller are objected w and hereby rejected. 2. DELIVERY PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery time as rated. Time is of Me essence. Delivery and perfomi nes must he effected within Me time stated on Me purchase order and Me dicummts anached harem. No acts of Me Purchasers including without limitation, acceptance ofpartial lice, delivens, shall wonder as awaiver of this provision, In the crew ofany delay, Me Purchaser shall have, in addition to other legal and equitable remedies, Me option of placing this order elsewhere and holding Me Seller liable for damages. However, Me Seller shall not be liable for damages w a rauh of delays due to causes net reasonably (resemble which are beyond in reasonable cannel and without its fault of negligence, such gars of Gad act, of civil or military au snares, gavemmenW pnodti n. fire, stokes flood epidemics, wars or mots provnded that native of Me cwdioont musing gain delay is given to the Purchaser within five (5) days of Me time when Me Seller firg received knowledge thereof In Me event of any such delay, Ne data of delivery shill be encoded for Me prnod equal an Me time actually log by reason of Me delay. 3. WARRANTY. The Seller wmmts Maw all goods, atticla, mentenals and work covered by this order will conform with applicable drawings, specifications, sarnplas and/or other descriptions given, will he fit for Me purposes intended, and performed with the highem degree of care and competence in accondance with arespned standards foe work of a imilar name. The Seller agrees to hold Me purchaser haemlms from my loss damage or expanse which Me Purchaser may suffer or incur on account of the Sellers breach of warmry. The Seller shall replace, repair or make Food, wihom cost to the purchaser, my defects or f rd s arising within one (1) year or within such [anger period of time as may be prewnbM N law or by Me terns of my applicable wartanry provided by Me Seller after Me date of acceptance of the goods fumished hereunder (zecepunce not to be unreasonably delayed), resulting from imperfect or defative work done or materials fodshed by Me Seller. Acceptance or use of grad by Me Purfhaser shill not constimm a waiver of my claim tender this werrmty. Except in otherwise provided in this Forrhsse order, the Sellers liability hereunder shall extend to all dmnages proximately caused by Me breach of my of Me foregoing warrmnan or guanntas bra such liability shill in no event include loss of profiu or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser nay nuke changes to legal terms by wnnen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may crake say changes to Me terms, other than legal toms, including additions to or deletions from Me qumtitis originally ordered in the Venifestions or drawings, by uxrbil or accord change new. If my such change which; Me amount due or the lime of performance hereunde, m wuiuble adjtgmmt shall be made. 6. TERMINATIONS. The Purchaser may at my time by women charge order, reeminete this agreement as to my or all porous of Me good Man not shipped subject to my equitable adjustment between the paria as to my work or materials than in Programs provided that Me Purchaser shall nor be liable for my claims for anticipated profits on the uncompleted percent of the good andor work, for incidental or consequennil damages, and that no such adjustment be made in favor of the Seller with fespen to my good which are Me Sellers standard swck. No such rerminacon shall relieve Me Purchaser or the Seller of any of their obligations an to my goods delivered hereunder. 0. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within mirry (30) days from the date the change or termination is ordered. 8. COMIPLIANCE WITH LAW. The Seller warrants Mar all goods sold hereunder shall have been produced, sold, delivered and Furnished in strict compliance with all applicable laws and regulations to which Me 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 agcements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold Me Purchaser harmless from ill costs and damages suffered by Me Purchaser as a result of the Sellers failure to comply onto such lain. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the prior wnnen consent offers, other party. 10, TITLE. The Seller warrants full, clear and onresnined tide to Me Purchaser for all equipment materials, and items famished in performance of has agreement free and clear, of my and all liens, reunetions, reservations, security interest encumbrances and claims of others. The Seller shall rate. Me Purchased, and its conmctin of my as, from all liability and claims of any name resulting from the performance of such work. This release shall apply even in Me eve, of facts of negligence of Me party released and shill extend to the dir,tors, officers and employees of such parry. The Sellers conmznual obligations, including waranry, shill not be deemed to be reduced in my way, because such work is perfmmed or caused to be performed by the Purchaser. A PATENTS. Whmever the Seller is required to use my design, device, material or preawas covered by lamer, Films, tradmark e or copyright Ne Seller shall indemnify and save harmless Me Puebriew from my and all claims for infringement by rings of Me use of such pasmmd design, device, mawrial or process in connection with the contract and shall indemnify the Purchaser for my cost, expense or damage which it may be obliged to pay by reason of such infnngemmt al my mime tied., Me prosecution or alter the completion of the work. In Gaze said equipment or my pan Marmf or the intendant use of Me goads, is in such suit held to commerce infringement and the use of said equipment or pan is enjoined, Me Seller shall, in its own expense and in in opum, amber procure for the Pursuing Me right re continue using said equipment or pans, replace Me same with intimately equal but noninfnging aquipmmt or modify it w it becomes mninGnging. 15. INSOLVENCY. If Me Seller shall became insolvent or bankrupt make an asigntmat for Me brnefit of nothow, appoint a receiver or nusta for my of Me Sailers propeM or burden. this order may foMwito be canceled by the Purchuer without liability. If, GOVERNING LAW. The definitions of terms used or Me interpretation of the agrament and Me rights of all parties hereunder shall be conswed radar and governed by the laws of the Sum of Colorado, USA. The following Addimnal Conditions apply only in cases where Me Seller is to Perform work hereunder, including Me services of Smilers Represemativen), on Me premises of others. 17. SELLERS RESPONSIBILITY. The Seller shill eery on said work in Sellers own risk uno1 Me same is fully completed and accepted, and shall, in caw of any accident, destruction or injury to Me work and/or materials before Sellers full completion and acceptance, compine Me work at Sellers own expense and to Me wtixf ecion of Me Purchaser. When unmans and equipment tie famished by others for installation or erection by Me Seller, Me Seller shill receive, unload, ware and hurdle same at Me site and became responsible therefor as though such materials and/or equipment were being fumished by Me Seller under Me order. 18. INSURANCE, The Seller shall, at his own expanse, provide for Me payment of workers compensation, including octip mural disease benefits, to its employees employed on or in comccom with Me stork covered by this purchase order, and/or as their dependmes in accordance with the laws of Me state in which Me work is to be done. The Seller shall troy tarry comprehansive gaped liability including but not limited war announced and automobile public lirbiliry assurance with bodily injury and death limits of at least S300.000 for my one person, SSOO,wO for my one accident and property damage limit Far accident of 5400,000. The Seller shill likewise require his exuractoo, if my, m provide for such mmpmsation and insurance. Before my of the Sellers or his contractors employees shall do my work upon the premises of others, the Seller shall fumish the Purchaser with a certificate thin such compersomer and insurance have been provided. Such certificates shall specify, Me due when such compensation and insurance have been provided Such certificates shill specify Me time wfim such compensation and insurance expires. The Seller agrees Met such compensation and Insurance shill be maindned until after the entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes Me more ruponsmiliry and liability for any and all damage, loss or injury of my kind or nature whaesoever to persons or property caused by or resulting from Me execution of Me work provided for in this purchase order or in connection herewith. The Seller will indemnify and held uncless the Purchaser and my or all of the Purchasers officers, agents and employees farm and aperst my and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of my act, action, neglect omission or default on Me pan of Me Seller, my of his convenors, or my of Me Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against Me Purchaser, or its oRcers, agents or employees in my time an ,count or by reason of my an, action, neglect, omission or default of the Seller of my of his contrmwrs or my of in or their officers, agents or employees in aforegat Me Seller hereby rRas 0 assume the defense thereof and to defend Be same at the Sellers own expense, w pay my and all costs, charges, anomeys fees and other expenses, my and all judgments that may be incurred by or obtained against Me Puchaser or my of is or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against Me property of the Purchaser, or said parties in or as a result of such suits or other proceedings, Me Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take ill safety precautions, famish and install all gum& necessary, for Me prevention of accidents, comply with all laws and regulations what regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all mles and regulations issued pursuant Marred Revised 07R014