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HomeMy WebLinkAbout473490 WILDLANDS RESTORATION VOLUNTEERS - PURCHASE ORDER - 9112442City of �.,Fo�rt Collins PURCHASE ORDER PO Number Page 9112442 1of2 This number must appear on all invoices, packing slips and labels. Date: 04/28/2011 Vendor: 473490 Ship To: WATER UTILITIES WILDLANDS RESTORATION VOLUNTEERS CITY OF FORT COLLINS 633 REMINGTON ST 700 WOOD ST FORT COLLINS Colorado 80524 FORT COLLINS Colorado 80521 Delivery Date: 04/28/2011 / Buyer: OPAL DICK Note: / Line Description Quantiow Ordered UOM Unit Price Extended Price I LAND MAINTENANCE SERVICE LOT LS 3,000.00 0414116 DESIGN 2 LAND MAINTENANCE SERVICE 1 LOT LS 2,000.00 041411 C_IMPLIMENTATION 3 LAND MAINTENANCE SERVICE 1 LOT LS 3,000.00 041411A / Total $8,000.00 Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO BOX 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By stimm the City of Fort Collins is exempt from state and local taxes.Oar Exemption Number is I I. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certi6mte of Registry 84-60(10597 is registered with the Collector of Failure of the Purchaser to insist upon strict perfomance of the terms and conditions hereof. Failure or delay to Internal Revenue. Denver. Colorado (Ref. Colorado Revised Starnes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies pmvidcd hcrcin or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rcjatcd. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligation., of this purchase order and shall not be deemed a waiver of any right Of the damage in transit, may be rammed to you for credit and arc not to be replaced except neon receipt of written purchaser to insist upon strict performance hercofor any of its rights or 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 hereunder, nor shall any purported and mndifiention or rescission of this purchase order by the Purchaser operate as a w:aivcr of any of the Icons Inspection. GOODS arc subject to the City of Pon Collins inspection an arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in respoac to this order can result in 12. ASSIGNM ENT OF ANTITRUST CLA IRIS. authorized payment on the part of the City of Fort Collins. However, it is to be understrmd that FINAL Seller and the Pumhascr recognize that in actual economic practice, overcharges resulting form eatitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are 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 most be F.O.B.. City of Fort Collins, 700 Wood St. Fen Collins. CO 90522, 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 carious pans of the country, shipment is Ifthc Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agrced 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 Seller thercancr indicates its inability orunwillingncc to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seiler shall pay all costs associated with such work. Permits. Seller shall procure at sellers sale cast all necessary permits. certificates 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 duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins hamlcss from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, mlcs and requirements. Authorirztien. All parties to this contract agree that the representatives arc, in fact, bona ride and possess fall and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary at additional terms and conditions annexed hereto or incorporated herein by reference Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised dclivcry date as noted. Time is of the 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 of partial late del iveries..shall operate as a waiver of this provision. I the event of any delay. the Purchaser shall have, in addition to other legal and equitable remed ics, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Set let shall not be liable for damages as a result of delays due to causes nut 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, flood, epidemics, wars or dots provided that notice of the conditions causing such delay is given to the Purchascnvithin five (5) days of the time when the Seller first received knowledge thereof In the event of any such delay, the date of del ivory shall be extended for the period equal to the time actually lost by reason ofthc delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be 0t for the purposes intended. and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seiler agrees to hold the purchaser hamlcss from any loss, damage or expense which the Pumhascr may suffer or incur on account of the Sellers breach of wamnty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or fmlts arising within one (1) year or within such longer period Of time as may be prescribed by law or by the terms ofany applicable wwmnty, pmvidcd by the Seller a0cr the late Of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work time or materials famished by the Seiler. Acceptance or use of goods by the Purchaser shall not constitute a emivcr ofany claim under this wamnty. Except as otherwise pmvidcd in this purchase order, the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach of any ofthe 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 Pumha cr may make any changes to the terms, other than legal terms, including additions to or dciclions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. IF nny .such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the grad then our shipped, subject to any equitable adjustment between the panics as to any .work or materials then in progress provided 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 consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which arc the Scllcrs standard stock. No such termination shall relieve the Pumhascr or the Seller ofany of their 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 ordered. R. COMPLIANCE WITH LAW. The Seller wamnts that all goods sold hereunder shall have been produced. sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to elfin or evidence compliance. All laws and regulations required to he 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 Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfcq or convey this order, or any monies due or to become due hereunder withmn the prior wrinen consent of the other party. 10. TITLE. The Seller wamnts full, clear and unrestricted title to the Purchaser far all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, res. frictions. reservations. security interest cocumbmtrces and claims of others. The Seiler shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This rcicac shall apply even in the event of Fault of negligence of the parry released and shall extend to the directors. officers and employees ofsuch party. The Seller's ennmcmal obligations, including eamnty. shall not be devoted to be reduced, in any way, because such work is performed or caused to be perfumed by the Purchaser. 14. PATENTS. 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 Pumhascr fmm any and all claims for infringement by reason ofthc use of such patented design. device, material or process in connection with the contract. and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the pmsccution or aficr the completion ofthe work. In case said cquipmcnl. 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 its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment. Or modify it so it becomes noninfringing. 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 fonmvilh be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be construed under and governed by the laws ofthe State of Colorado, USA. The fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Scllcrs Reprcsentative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall. in case of any accident, destruction or injury to the work and/or materials before Scllcr's final conuplclion and acceptance, complete the work at Seller's own expense and to the satisfaction ofthe Purchaser. When materials and equipment are furnished by others for inslallatina or erection by the Seller, the Seller shall receive, unload. store and handle same at the site and become responsible therefor as though such materials and/or equipurcm were being furnished by the Seller under the order. 19. INSURANCE. The Seller shall. at his man 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 enter, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limns of m least S3nn,non for any one person. S506,1Aln for any one accident and property damage limit per accident of S400.000. The Seiler shall likmeisc 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 upon the premises ofothers, the Seller shall famish the Purchaser with a certificate bat such 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 compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until aficr 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 filthy work pmvidcd far in this purchase order or in connection herewith. The Seller will indemnify and hold hamlcss the Purchaser and any or all of the Purchasers omeers. agents and cmployccs form and against any and all claims losses damages. charges or expenses, whether direct or indirect, and whether to persons or pmpeny to which the Purchaser may be put or subject by reason of any act, action, reelect. emission or default on the pan of the Scllcr, any of his contractors, or any of the Sellers or contractors oRcm. agents or employees. In case any suit or other proceedings shall be bmnght against the Purchaser. or its ofLccrs. agents or employe it 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 thereof and to defend the swam at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses. 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 easy judgment or other lien be placed upon or obtained against the pmpery of the Purchaser, or said panics in or as a result of such suits or other proceedings the Seller will at once cause the wme to be dissolved and discharged by giving bond or otherwise, The seller and his contractors shall take all safety precautions, famish and install all guard accessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation. the Occupational Safety and Hcalth Act of 1970 and all mles and regulations issued pursuant thereto. Revised 03/2010