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HomeMy WebLinkAbout480487 RISING SUN FENCE & CONSTRUCTION LLC - PURCHASE ORDER - 9106742PURCHASE ORDER PO Number Page - City Of 9106742 1:0f.2 , Frtn- This: number must appearOI�Olt'son all invoices, packing - slis;and labels: .... , Date: 12/28/2010 Vendor: 480487 Ship To`. NATURAL RESOURCES RISING SUN FENCE 8 CONSTRUCTION LLC CITY OF FORT COLLINS 1274 COLE RD 200 W. MOUNTAIN CHEYENNE Wyoming 82009 FORT COLLINS Colorado 80521 Delivery Date: 12/28/2010 Buyer: JOHN STEPHEN Note - Line Descri tion Quantity Extended P. Ordered UOM Unit Price price 1 LOT 1 LOT LS 26,038.00 LR Fence at Soapstone per terms and conditioris of Bid 7186. Total _ $26 038.00 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over$5000 unless signed by James B. O'Neill 11, CPPO 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 FortCollins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 Of 2 I. COMMERCIAL DETAILS. t .. Tax exemptions_ By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is - i..--. 11. NONWAIVER� _ •.• - 98-04502. Federal Excise Tax,Exemption. Cer ifwte of -Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hcr_eot .failure or delay to Internal Revenue, DenverCoioiado (Ref. Colorado Rcvised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to piornptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or appioval of the design• shall not relcascthc Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or 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 retumed io'you-for'ct dit'end arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights of remedies as to any, such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hercundcr,.nor. shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc 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 result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Sclier and the Purchaser recogmu that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations arc in fact borne by the Purchaser. Theretofore, for good cause and is for executing;this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hercafier Freight Terns. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins. CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is giwn,to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. . . bill must accompany invoice. Addifionalcharges for packing wdll not be•acceptcd.- ' - rdistributing 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. ' Shipment Distance. Where manufacturers have points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming-oi defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and.excess freight will be deducted from Invoice when Purchaser and the Seller, and the Scllcr thereafter indicates its inability or unwillingness to comply, the Purchaser shipments ate made from greater distance. may cause the work to be performed by the.most expeditious means,availablc.to it, and the Seller shall pay all - - costs associated with such work. — Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and mles of the state, municipality, territory or political subdivision where The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature the work is performed, or required by any other duly constituted public authority having jurisdiction over the work resulting from the performance of such work. of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss. incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules This release shall apply even in the event of fault of negligence of the party released and shall extend to the and requirements. directors, officers and employees of such party. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because complete authority to bind, said parties. such work is performed or caused to be performed by the Purchaser. LIMITATION OF TERMS.. This Purchase Order expressly limits acceptance to the terms and conditions stated ' bcrein set forth and any supplementary or additional -terms -and conditions annezcd hereto or incorporated herein by 14: PATENTS. reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement 2. DELIVERY. by reason of the use of such patented design, device, material or process in connection with the contract,'and PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such promiscd'dclivery.dme as noted: Time is of the essence. Delivery and performance must be cf%cted'within the time infringement at any time during the piosecution or after the completion of the work. In cast said equipment, -or stated on �thc'puichase order and the documents attached h cto. No acts of the Purchasers including, without any pan thereof or the intended usrof the goods,is jwsuch suit held to constitute infringement and the use of limitation, acceptance of partial late deliveries,'shall operate as a waivcrbf this provision. In the e'ventof any delay, said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the the Purchaser shall have, in"addition to other legaland equitable remedies, the option of placing this order elsewhere Purchaser the right to continue using said -equipment -or parts, replace -the -same with substantially equal but and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays noninfringing equipment, or modify it so it becomes noninfringing. due to causesaot reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, food, epidemics- wars or 15..INSOLVENCY. riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the If the Scllcr shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the extended for the period equal to the time actually lost by reason of the delay. Purchaser without liability. , 3. WARRANTY. 16. GOVERNING LAW. The Scllcr warrants that all goods, articles, materials and work covered, by this. order -will rd-will conform with applicable The definitions of terms used or the intcmretation of the agreement and the rights of all parties hereunder shall be drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and construed under and governed by the laws of the State of Colomdo, USA. performed with the highest degree of care and competence 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 The following Additional Conditions apply only in cases where the Scllcr is to perform work hereunder, . Purchaser may suffer or incur on account of the Scllcrs breach of warranty. The Seller shall replace, repair or make including the services of Sellers Representativ_e(s), on the premises of others. good; without cosi to the purchaser, any defects orfaults arising within one (1) year or within such longer period of time as may be prescribed bylaw or by the terms of any applicable warranty provided by the Seller after the date of 17 SELLERS RESPONSIBILITY. acceptance of the goods. furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not in case of any accident, destruction or injury to the work and/or materials before Scllers final completion and constitute a waiver of any claim under this warenty. Except as otherwise provided in this purchase order, the Sellers acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties and equipment arc famished by others for installation or erection by the Scllcr, the Scllcr shall receive, unload. or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY store and handle same at the site and become responsible therefor as though such materials and/or equipment OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. were being famished by the Seller under the order. 4. CHANGES IN LEGAL TERMS. 18. INSURANCE. The Purchaser may make changes to legal terms by written change order. The Seller shall, athis 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, 5. CHANGES IN COMMERCIAL TERMS. - and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from shall also carry comprehensive general liability including, but not limited to, contractualand automobile public the quantitiesoriginallyordered in the specifications or drawings, by verbal or written change order. If any such liability insurance with bodily injury and death limits of at least $300,000 for any one person, S500,000 for any change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. one accident and property damage limit per accident of $400,000. The Scllcr shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors 6. TERMINATIONS. employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with accrtificatc The Purchaser may at any time by written change order, terminate this agreement as to any or all portions. of the that such compensation and insurance have been provided. Such certificates shall specify the date when such goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in compensation and insurance have been provided. Such certificates shall specify the date when such compensation progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted and insurance expires. The Scllcr agrees that such compensation and insurance shall be maintained until after the portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in entire work is completed and accepted. favor of the Scllcr with respect to any goods which are the Sellers standard stock. No such termination shall rclievc the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind 7. CLAIMS FOR ADJUSTMENT. or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is this purchase order or in connection herewith. The Scllcr will indemnify and hold harmless the Purchaser and any ordered. or 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 to which the Purchaser may S. COMPLIANCE WITH LAW. be put or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his The Seller warrants that all goods sold.hercunder shall have been produced, sold delivered and famished in strict contractors, or any of the Sellers or contractors officers. agents. m employees. In case any suit or other compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or deliver.such documents as may be required to effect or evidence compliance. All laws and regulations required to be by reason of any act, action, neglect omission or default of the Scllcr of any of his contractors or any of its or incorporated in agreements of this character are hereby incorporated herein by this reference. The Scllcr agrees to their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the defend the same at the Sellers own cxpense, to pay any and all costs, charges, attorneys fees and other expenses, Sellers failure to comply with web law. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon at 9. ASSIGNMENT. obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the the Scllcr will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and prior written consent of the other party. his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the 10. TITLE. Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. The Scllcr warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest Revised 0312010 encumbrances and claims of others.