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HomeMy WebLinkAbout365856 ARROW FENCING AND AUTOMATED GATE - PURCHASE ORDER - 3215172PO PURCHASE ORDER 321517er Page City of PURCHASE 3215172 t or z F6r} Chisnumbermustappear t—J`-' ` Collins` �7 on all invoices, packing sli s and labels. Date: 01 /12/2015 Vendor: 365856 Ship To: WATER UTILITIES ARROW FENCING AND AUTOMATED GATE CITY OF FORT COLLINS PO BOX 188 700 WOOD ST LAPORTE CO 80535 FORT COLLINS CO 80521 Delivery Date: 01/12/2015 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 Ordered Extended Price i 2015 ANNUAL BLANKET ORDER 1 LOT LS 20,000.00 FOR UTILITIES 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 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Pi1R mWia Page 2 of 2 I_ COMMERCIAL DETAILS_ Tax exemptions. By stamse the City of Fon Collins is exempt from slue and lop taxes. Our Exemption Number is 11. NONNAIVER, 99-04502. Federal Excise Tax Exemption Cenifirve of Registry 84fi000599 is registered with the Collector of Failure, of me Purchaser to inam upon most performance of the terms and conditions hereof, failure or delay w Internal Revenue, Denver, Colorado (Ref, Colorado Revised Statutes 1973, Chapter 39-26, 1141.) exercise airy righrs or remedies provided herein or by law, failure to promptly notify the Seller in the event of breach, me acceptanu of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED time to failure to meet pedficffiom, either when shipped or due W defects of any of the warranties or obligations of this purchase order and shad l not be deemed a waiver of any right of the damage in prompt, may be returned to you for credit and are rent in be replaced except upon receipt of written purchaser to insist upon stria performance hereof or any of its rights or remedies as many such geods, regardless imntroctions from the City of Few Collins. 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 order by she Purchaser operate as a waiver of any of the gems Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can , esult in 12. ASSIGNMENT OF ANITRUSTCLAIMS. authimired paymth ent on e pan of the City of Fort Collins. However, it is to be understood thatFINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Thererofore,for good reuse 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 Freight Terms. Shipments must b, F O.B., City of Pon Collins, 7W Wood Sr, Fon Collins, CO 80522, unless acquired under federal or mare =or= laws for such overcharges miming to the particular games or services otherwise specified on this order. If permission is given per prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant o this purchase order. bill must accompany invoice, Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing pa in¢ in various part, of the country, shipment is Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date per be agreed upon by the expected from the nearest dismbudon point to destination, and excess freight will be deducted from Invoice when Purchase, and the Seller, and the Seller therezfm, indictees its imbiliry Or unwillingness to comply, the Panelist shipments are made from greater distance may cause the work to be performed by she mom expeditious means mailable to it, and the Seller shall pay all comps associated with such work. Permits Seller shall procure at sellers sole vast all necessary permits, cenlficams and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other tidy constituted public aumanty having jurisdiction over the work of vendor. Seller fuller agrees to hold the City of Fort Collins hamdess from and against all liability and loss incurred by them by prawn of an asserted or established violation of any such laws, regulations, ordinance, roles and pequipmer. Aurhormation. All parties to this contract agree that the representatives are, in fact, bona ride and possess full and complete authority to bind said parties. LIMITATION OF TERNS, This Purchase Order indirectly limits acceptance to the tarns and conditions stated herein set forth and any supplementary, or additional menu and conditions annexed hereto or incorporated herein by reference. Any additional or dif(mms terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immeclumly ifyou cannot make complete shipment to arrive an your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time maned on me purchase .,ties and the documents mashed here,.. No acts of the Purchasers including, wifom limitmian, accegmce of pomp late deliveda, shill operate m a waver of Nis provision. In the event of my delay, the Purchaser shall have, in addition in other legal and equitable remedies, the open of placing this order elsewhere and holding the Seller liable for damages. However, the Seller 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 uu of Gad, acts of civil or military authonnes govemmental pnontles, fires, smkes Bond, epidemics, wars or no , provided them notice of the emmtions causing such delay is given in due Purchaser within five (5) days of the time when the Seller first received knowedge thereof In the event of any such delay, the date of delivery shall be, extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrant that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions giver, will be fit for the purposes intended, and performed with the highest degree of care and competence in umrdence with accepted standard for work of a imilar name. The Seller agrees no hold the purchaser harmless from any loss, damage or expense which the Purchaser may sufferer incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, my defects or faults arising within one (1) year or within such longer period of time as may b<presented by law or by the terms of any applicable warrmry provided by the Seller after the date of acceptance of the good famished hereunder (acceptance not to he unreasonably delayed), resulting from imperfect or defective work done or materials Spirituel by the Seller. Accmlance or exas of good by the Purchaser shall not constitute a waiver of my claim coder this warrmry. Except as otherwise provided in this purchase order, the Sellers liability hereunder shill extend in all damages prommarely caused by the breach of any of she foregoing wamanties 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 TERNS. The Purchaser may make charge, to legs terms by written charge order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the terms, other than legal terms, including additions to or deletions from the quantities Originally ordered in me specifications or dmwings, by verbal or women change order. If my such change affects the amount due or the lime of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchawr may at any time by written change order, terminate this agreementmy o all poni.ns of the good then not shipped, subject to my equitable adjustment between the pattieas to my work Or materials then in progress provided that me Purchaser shall not be liable for my tit ims for amicipa¢d profits on the uncompleted potion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect no my good which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Sol let of my of their obligations as many good delivered hereunder. Z CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured wihin thirty (30) days foam the date me change or termination Is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants man dl goods sold hereunder shall have been produced, sold, delivered and furnished in grin compliance with ell applicable laws and regulations in which the gaud 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 inewpomted herein by fir reference. The Seller agrees to indemnify and hold the Purchaser hamiless from all costs and damage suffered by the Purchaser as a result of the Sellers failure no comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, army monies due or no become due hereunder without me prior written consem Of the omer parry. 10. TITLE, The Seller warrants full, clear and unreemcted title to me Purchaser for ell equipment, mammals, and items famished in Performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and clams of any nature resulting from the performance of such work. This release shill apply evm in the event of fault of negligence of the parry, released and shall extend to the directo, officers and employees of such parry. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or wend! to be performed by the Purchaser. 11. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by layer, patent, trademark r copyright, the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement by reason of the use of such patented design, device, material or process in connection wirb the contract, and shall indemnify me Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at my time during me pmaec Lion or after me completion of the work. In cue said equipment or any pan thereof or me intended use of the goad, is in such suit held or constiuue infringement and the use of sail equipment or pan is enjoined, the Seller shall, at its own expense and at its appear, either procure for the Purchaser the right in continue using sold equipment or pares, replan the same with substantially equal but noninfringing equipment, or modify ii so it becomes noninfringing. 15.1NSOLVENCY. If the Seller shall become insolvent or bmkrupt make an assignment for she benefit of creditors, appoint is receiver or trusnm for my of due Sellers property, or business, this order may foMwth be canceled by the Purchaser wiilout liability. 16. GOVERNING LAW. The definitions of terms med or the interpretation of the agreement and the rights mall parties hereunder shall be mnstmed under and governed by the laws of the Some of Colorado, USA. The following Additional Cndiuons apply only in cases where the Seller is to perform work hereunder including the services Of Sellers RepresenmaivNm), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted and shall, in case of my accident, destruction or injury to the work and/or materials before Sellers find completion and arceptmce, opmplee the work at Sellers own expense and to the satisfaction of the Purchases, Whim materials and equipment are famished by others for instdlarion or erection by me Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Sel let under the order. 18. INSURANCE, The Seller must, or 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, and/or to their dependents in wcordance with the laws of the state in which the work is to be done. The Seller shall elm carry comprehensive generd liabil icy including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at loam EJOO,Wo for any one person, $500,000 for my me accident and property damage limit per accident of S4N,M The Seller shall likewise mature his contractors. if any, to provide for such compensation and insurance Before any of the Sellersor his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such cereflumas shill specify the time when such compensation and insurance have been provided. Such certificates; shill specify the date wh m such compensation and aresurami, expires. The Seller agrees that such compensation and insurance shill be maintained until after me expire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the more responsibility and liability for my and ell damage, loss or injury of my kind r nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my or ell of the Purchasers officers, agents and employees from and against my and ell claims, losses, damages, charges or expenses, whether direct or indirect and whether to persons or property, to which me purchaser may be put or subject by reason of any art, action, neglect, omission or defanit on me pan of the Seller, any of his contractors, or my 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 az any time on account or by reason of my act, action, neglect, omission or default of the Seller of my of his contractors or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume me defense thereof and so defend me same at the Sellers own expense, to pay any and all crops, charges, anome,es fees and other expenses. my and all judgments that may be incurred by or obtained agaimt the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other dim be placed upon or obtained against the property Of the Purchum or said parties in or as a reach of such suits or other pmeeMings, me Seller will at once cause the same to be dissolved and discharged by giving bond or otherww. The Seller and his contractors shill take all safety precautions, furnish and install ell guards necessary for the prevention of accidents, comply with all laws and regulators with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1990 and OR rules and « gularions issued puosuant thereto Revised 07R014