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HomeMy WebLinkAbout294320 PACIFIC BOW BUTTS - PURCHASE ORDER - 9112132Fort Collins Date: 04/14/2011 Vendor: 294320 PACIFIC BOW BUTTS PO BOX 108 ILWACO Washington 98624 PURCHASE ORDER PO Number I Page 9112132 tof2 III must appear on all invoices, packing slips and labels. Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS Colorado 80521 Delivery Date: 04/14/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Big Butts 44"x24" 1 LOT LS 6,800.00 PER INVOICE 040610-CO City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, 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 Total Invoice Address City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Ir Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is I I. NONWATVER. 98-04502, Federal Excise Tax Exemption Certificate Of Registry 84-6000587 is mgistercd with the Collector of Failure of the Purchaser to insist upon strict performance of the lemu and conditions hereof. failure or delay to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (n). escmisc any rights or remedies pmvidcd herein or by Inv. failure to promptly notify the Seller in the event of n breach. the acceptance ofor payment for goods hereunder or approval ofthc design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the wvmmics or obligations of this purchase order and shall not be deemed a waiver of any right Of the damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hemofor any of its rights or remedies as m nny such goods, regmdless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purponcxl oral modification or rcxcission of this purchase order by the Purchaser operate as a waiver of any of the lanes 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 Seller and the Purchaser recognize that in actual economic practice, overcharges resulting front antitrust ACCEPTANCE is dependent upon completion ofa11 applicable required inspection procedures. violations arc in fact home by the Purchaser. Theretofore, for good cause 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 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 given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to 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 points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or 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 Tram Invoice when Purchaser and the Scllcr, and the Seller (hereafter indicates its inability Or unwillingness to comply. the Purchaser shipments am made from greater distance, may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay it] costs associated with such work. Pcmuits. Seller shall procure at sellers Sole cost all necessary permits. certificates and licenses requited by all applicable laws, regulations, ordinances and rules of the Stan, municipality, territory or political subdivision where the 0ork is performed. or required by any other duly constituted public authority having jurisdiction over the 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, odes and requirements. Authorization. All panics to this contract agree that the representatives arc, in fact. bona fide and possess fall and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the more; and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto Or incorporated herein by reference. Any additional or different terms and conditions proposed by Seller am objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete Shipment to arrive on your Promised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including. without limitation, acceptance ofpartial late deliveries shall operate as a naivcr ofthis provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplocing this onler 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 arc beyond its reasonable control and without its fault of negligence, such acts of God. acts of civil or military authorities governmental priontics, fires. strikes food, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaur within five (5) days of the time when the Seller first received knowledge thereof, In the event crony such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all gilds, articles. materials and work covered by this order will confixon with applicable drawings, specifications, samples and/or other description., given, will be fit for the purposes intended, and perfom od with the highest degree of care and competence in accordance with accepted standard for work of a Similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaur may suffer or incur on account of the Scllcrs breach of uamnty. The Scllcr shall replace, repair or make good. without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time in; may be prescribed by law or by the terms ofany applicable warranty pmvidcd by the Seller after the date of ,acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Puuchaser shall not constitute a waiver crafty claim under this warranty. Except as otherwise provided in this purchase order. the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any 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 terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or dcletiuns from the quantities originally ordco d in the Specifications or drawings, by verbal or written change ONcr. If any such change affects the amount due or the time of perrfomancc hereunder, an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods Ihen not shipped, subject to any equitable adjustment WOccn the panics as to any work or materials then in pmgtess pmvidcd that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or eonugnential damages, and that no Such ndjustment be made in favor of the Seller with mspcd to any good which arc the Scllcrs standard stock. No such termination shall relieve the Purchaser or the Seller of any of Ihcir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is mdcmd. R. COMPLIANCE WITH LAW. The Scllcr amants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the 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 agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm all costs and damages Suffered by the Purchnscr as a result ofthe Sellers failure to comply with such law. 9. ASSIGNMENT, Neither party shall assign, transfer. or convey this order, or any monies due or to beeomc due hereunder without the prior written consent of the other party. 10. TITLE. The Seller wamnts full, clear and unrestricted title to the Purchaser for all equipment, materials, and items fitmishcd in performance of this agreement, free and clear of any and all liens. restrictions, reseremions, security interest encumbrances and claims of others. The Seller shall release the Purchascr and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the pony released and shall extend In the directors, officers and employees of Stich party. The Seller's contractual obligations, including wamnty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device. material or process covered by letter. patent, Imdcnmrk or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract. and shall indemnifythe Purchaur for any cost. expense or damage which it may be obliged to pay by'reason of such infringement at any lime during the prosecution or ancr the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such Suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at it% own expense and at its option, either procure for the Purchaser the right to contimuc using said cquipmcnl or pans, replace the same with soh tamially equal but noninfringing equipment, or modify it so it becomes nonin(ringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of tears used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be construed under and governed by the laws ofthc State of CNomdo, USA. The following Additional Conditions apply only in taus where the Seller is to perform work hereunder, including the services of Scllcrs RcT resentalive(s), On the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry no said work m Scllcrs own risk until the same is fully completed and accepted, and shall, _ in case array accident, destruction or injury to the work anchor mandate before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Scllcr, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/nr equipment were being famished by the Scllcr under the order. IR. INSURANCE. The Scllcr shall, Of his own expense, Parricide 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 depeMents in accordance with the laws of the state in which the work is to be done. The Seller shall also cam comprehensive general liability including. but not limited to, contractual and automobile public liability insuranec with bodily injury and death limits of at (cast S30 .000 for any one person. S5o0.1100 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any Of the Sellers or his contractors employees shall do any work open the prcmi.us of others, the Seller Shall famish the Purchaser with a cenificntc that Stich compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compcn Sation ,and insurance expires. The Seller agrees that Such nompcnsativa and insurance shall be maintained imtil ancr 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, loss or injury ofany kind or 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 heeu ith. The Scllcr will indcmni fy and hold hmmuless the Purchaser and any or all of the Parchment officers, agents and employees from and against any and all claims, losses, damages. charges or expenses, whether direct or indirect, and n'hether to persons or property to which the Purchaser may be put or suft_icet by reason of any act, action, neglect omission Or default on the pan of the Seller, any of his contractors, or any of the Sellers or contactors officers, agents or employees In case any Suit Or other proceedings shall be hmught against the Purchaser, or its offices, agents or employees at any time on account or by reason of any act, action, neglect omission or default of The Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thcrcof and to defend the same at the Scllcrs own expense, to pay any nod all costs, charges, attorney, fees and other expenses, any and all judgnsnts that nay be ineumd by on 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 or Obtained against the property, of the Purchnscr, or said panics in Or OS a result of such snits or other procccdings, the Scllcr will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall lake all safety precautions, famish and install all guards necessom for the prevention of accidents. comply with all laws and regulations with regard in safety including, but without limitation, the Occupational Safcty and Health Act of 1970 and all milestone! regulations issucd pursuant Ihcmto. Revised 03/2010