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HomeMy WebLinkAbout454406 BIOHABITATS INC - PURCHASE ORDER - 9112588City of F„6rt Collins Date: 05106/2011 Vendor: 454406 BIOHABITATS INC 2081 CLIPPER PARK RD BALTIMORE Maryland 21211 PURCHASE ORDER PO Number Page 9112588 1of2 his number must appear on all invoices, packing slips and labels. Ship To: NATURAL RESOURCES CITY OF FORT COLLINS 200 W. MOUNTAIN FORT COLLINS Colorado 80521 Delivery Date: 05/06/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price r McMurry NA Restoration 1 LOT LS 140,000.00 Per terms and conditions of work order NA-181 McMurry NA Wetland and Forest Restoration dated May 2 2011 2 McMurry NA Restoration 1 LOT LS 150,000.00 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 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 $290 000 00 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 I. COMMERCIAL DETAILS. Tax exemptions. By Ramm,he Cityof Fod Collins,, cmmpt farm gismend loedlaaes.Oor Escomamo Numbcris II. NONwA1VER. 98-O4502. Federal Excise Tax Exemption Eradicate of Registry 84.0000587 is registered •rich the Collector of stable none Purchaser I. insist upon to, performance of int leans and conditions herof, failue of delay to Internal Revenue. Denver. Colorado (Ref. Colorado Revised Sulfates 1973. Chapter 39R6. I la (a). exomice any rictus or nmedics provided herein or by law, failure to pmmndy amity the Seller in he event Of, brcuh. the acceptance arm Payment for goods remainder m approval of the design, Aull not release the Seller of Goeds Rejected. GOODS REIECTED due or failure to meet speei( tiom, either when chirped m due an directs of any of he wammia or obligations of ibis purchase order and shall ram be domed a waiver Of any tight of the damage in ..-it, may be reported to year far Credit end arc he, to be replaced eaam upon mce"d Of women Puabase,to insist upon strict perearrance be befre any of in rights Or remedies as to any such goads, regardless insmxtiom from the City of Fort Collins of when shipped, received at accepted, as to any prior or subsequent default herenmer. ram shal I any pagrond ral modification or rescission of this purchase order by the Purchaser operate as a waiver Of ge of the tcmvs Inspection. GOODS arc subject to the City of Few Collins inspection on Carl hmcof. Final Acceptance Reccipt of the merchandise, services or equipment in response to this nor can result in 12. ASSIGNM ENT OF ANTITR UST CLAIMS. submitted prymem on the pan of the City d FoFortCollins. However, it is to be understand thatFINAL Seller and he Purchaser magnim that in actual Terminate practice overcharges rtiniting front atriums ACCEPTANCE is derendent upon completion ofall applicable mgvired inspection pmecdmexviolations me in fan beme by the Purolator. Theremare, for good cause and m comident inn for coning this purchase node, the Seller hereby Resigns in the Pumhese, any ad all Claims it may nmv hove of hooldil r Freight Terms. Shipmates mug be F.O.B.. City Of Too Collins, 900 wood S,, Fan Collins, CO 80522, unless otherwise specified on pis ardor. If permission is omen m prepay frcigln Rod Charge sopoplety. the cogirm (night bin musr aceom,,,y invoice Additional charges Or packing will rot be geo,wd. Shipment Distance. Where manufacturers, have distributing points in various pans ofhhe c Sentry, shipment is expected from the nearest distribution point to destination, and excess freight will be reduced from Invoice when shipments are made from greater distance. Permits. Seller shall pmvrc at Sellers sole cost all necessary permits, certificatrs and litcmes rrquirtd by all applicable Lows, regulations, oNitanees and pules of the state, promeg aliry. Icmimry Or Political subdivision where the woks is Performed, or required by any otM duly constituld public are atiry having jurisdiction aver the work of vendor. Seller further agrees to hold the City of Fort Collin harmless fmm and against all liability am loss intoned by them by reaon of an asserted or established violation of any such laws, regulations, on ianc., pales am requirements. Authoriantion. All Ionia to this contract agree that the sepresrntatives arc, in fan, bona ride and Empacts full am mmrlem authority to bind said parries. LIMITATION OF TERMS. This Prmhaw Color exprasely limits Acceptance, to the forms and conditions stated herein fat forth and any SaWlemenury or additional terms and conditions anncxd hnem at 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 sbipmem to mrlvc on your Promised delivery date es noted. Time is of the sense. Delivery and performance must be effected within the time stated on the purthase order and the documents allached hereto. No ads of the Pnrchaurs ibchoug, without limeation. acceptance of partial late del loonies, Shan Orcmm OR a salvor of this prevision. In the event army delay, the Purchaser shall have in addition to inner legal and equitable remedies, the option ofplecing this order elsewhere and holding the Seller liable fat damages. However, the Seller shall not be liable for damages as a result Of delays due to Causes no actua ly foreseeable which arc beyond its reasonable control and withnul its faun ofnegligcnee, such acts of God, acts of civil err military anomalies, govcm arpr od prioritig Ores,.mikes, Oand, spiritual., wars m rims provided that notice of the conditions caning such delay is given to the Purchaser within five (5) days of the firse when the Seller Fort revived knowledge thereof. In the event of any Such delay, the done of delivery shall be extended for the perim equal to the Time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all gcodx eticles, mariners and work ground by this order will conform with applicable dawings. specie liom, samples emlor tuber doenpriom given. will be f, fat the pumnei intended. am performed with the highest degree of cart and vmperenv in accordancewith Recorded standards far work of a similar naure. The Scllcr agees to hold the pachanr harmlace fmm any lug, damage or expense whiCh the Ptnchasm mayapple m incur on account of the Sellers breach of wamnry. The Seller shall replace, repair or make good, without cost to the purchau, any defecb or Stoics arising within arc (1) year or within such longer pried of time as may be prewribed by law or by the terms of any applicable warranty provided by the Seller loco the data of acceptance of the goods famished hereunder (importance no to be unrcasenably delayed), leaning from imperfect or defective work time or materials fivnished by the seller. Acceptance or use of gads by the Punhnser shall no, constitute a waiver of any claim under this warranty. Except as otherwise pmvidd in this purchase order, the Sellers liability remainder shall extend to all damages proximately caused by the breach of any of the foregoing warantirs or guarantees, bon such liability shall in no color include loss of pmfils Or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. d. CHANGES IN LEGAL TERMS. The Pumhawr may make changes in food apposs by cancer change nNer 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tenon, other than Iegd moms, including turbin s, tom delonica s from the quagunies originally ordered in the Suecificatiom or drawings, by verbal or written change order. If any such change afTats the amount data Or the time ofperfamancc hamumer, an equitable adjustment shall be made. &TERMINATIONS. The Pufahsr may at any time by wrieat change order, tenninmc this agvemem as to any we all Pomona of the goads then ram shipped, Subject to any educable adjustment services The panic; as to any work or materials then m pmgmas provided the, the Pumheser shall ram be liable fat a, Thinks fat Rnticipatd paths on the uvampleted portion of me gttW .d/c, work. fat facidentual or omeroae rat damagrs, and In., no Such adjustment be made in fame rf the Scllcr with Torgict W any goods which are the Sellers Standard Stock. No Such termination shall ralicvc ,he Purchaser or the Sella of., ofimik oWiyxnms re to any xvi delivered remainder. 9. CLAIMS FOR ADJUSTMENT. Any claim fat adjustment must he sssmed within thirty (30) days fmm the date the change or termination is ,ormord. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in grid compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute end deliver Rich docunanta es may be requivd to effect or evidence compliance. All laws and mustangs, required to be iro orpontd in agreements of ibis character arc hereby incomentcd herein by this reference. The Seller agrees to indemnify and hold the Purchmer harmless from all cam and damages suffered by the Purchaser as a molt of the Seller failure to comply with such law. 9. ASSIGNMENT. Ndtha parry shall assign, Chamfer, or convey this order. or any Coal due or to become due haeundtt withmtnhe prior wrinen consent of the other may. Ill. TITLE, The Serer wRmam full, dear end umutridd file to the Pumhasar fat all equipment, materials. and hems fumished in pafomtance of this agreement free am cleat of any am all liens, res,riniens, murvatiom, security interest emumbomens, am claims of others. acquired under federal or state nmimm laws fat such overcharges relating to the rarncolar goads or mrviccs purchased or acquired by the Purchaser paramnt to This purchase mdcr. 13. PURCHASERS PERFORMANCEOF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by n date to be ngrecd upon by the Purchaser and the Scllcr, and the Seller thcaafter indicates its Oil at unwillingness to comply, the Purchaser may cause the work in be performed by he aces, Careditious mean, available to it. mad he Seller shall ray all ..Is assvimed with such work. The Seller shall fickle the Purchaser and its conmaerars of any tier farm oil liability and claims of any notmc ..Ill, form the performanv attacks wmk. This pease shall arty men in the avoid of fault of ncglin nv of the Party aimed and shall extend to the direcmrs. nMo. ape employees of sum parry. The Seller's canmaeual obligations, inclining warranty. shall not be deemed m be reduced, in any way, because such work is Performed or caused to be Performed by the Purchaser. 14. PATENTS. Whenever the Scllcr is required to use any design, dmice, material orpeocess covered by fact, patent proceed, or copyright, the Seller shall indemnify and Save harmless the Purchaur from any and all claims far inftiogement by reason of the use of such patented design, device, material or process in connection with the canvas, and shall indemnify the Purchaser for any cos, expense or damage which it may be obliged to pay by reason of such ini ingement at any time during the prosecution or rafter the completion ofthe work. In case said equipment, or any part thereof or the intended use of the goods is in Such suit hold to constitute infringement and the use of sold equipmen, or ran is enjoined, he Scllcr shall, at its Own expense and at its option, either procure for the Parchaur the right in continue using sod equipment or pars, replace the same with snhmanfialy equal brat noninPinging puipmem, Or plot it so it becomes noninfringing. 15, INSOLVENCY. If the Seller shall became insolvent or bankrupt. make an assignment for the benefit of endures, apparel a learner sir grace her any of the Sellers pmpary or business, this order may fonhwiln be, Canceled by the Puchasr without liability. Id. GOVERNING LAW. The dcfinitians oftenns used or the inmrprtration aftbe agreement and the rights of all reties remainder shall or onsan ed under and govmrm by the laws of the State ofColcmdo. USA. The following Additional Comitimts apply rely in Cases where the Sailer is to perform work hercunde,. including The apices ofSelmrs Repv,entative(s), on the premiers erosion. 17. SELLERS RESPONSIBILITY. The Seller Shall carry oa Said work at Selleri awn risk until the same is fully emnril and accepted, and shall. in esse of any accident, destruction or injury to the Cork am/or matmials before Seller', final completion and acceptance, complete the work at Sciftes awn expense and to the Satisfaction of the Purolator. When materials and equipment are fumished by others fat installation of traction by the Seller, the Seller shall mecive, unload, atone and handle wore at the site and become raspomible therefor as though such materials and/or equipment were being fumished by the Seller under the order. IS, INSURANCE. The Seller shall, at his own e,pon,e provide far the payment of workers compensation, including moupalirnal disease benefits, ,o its employees employed on in in connection wish the work covered by this purchase order. and/or to their dependent, in mccrdance with the laws of the state in which the work is to be done The Seller shall also carry comprehensive general liability inclining, bon not limited to. Contractual and amnumbile public liability insunnv with tidily injury and death limits of at ]COST S300.000 for any one Person. S500.010 for any accidentone am majority damage limit per accident of Sd00,0(l0. The Son srequire his likewise rM1is contractors. if say. in provide for sum compensation and imp®r . Bal any of the Sellers or his contractors employees Shan do any work upon the premier; of others. the Seller shall famish the Purchases with a ceniflatc that such comjcnsatinn and insurance have been maidd. Such creificates shall specify the time when Ruth Compensation and insurance have barn provided. Such cm polite shall specify the date when sum compenatice am insurance expires. The Seller.gnes :bar such compensation and insurance shall be maintained until after The entire work is completed and acerytd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. no Seller hereby aammes the entire m,pomibiliry and liability for any and all damage. Ins or injury of any kind or nature whatsoever to paeans or property aged by or mealting from the execution of the work provided for in this ptnchase order or in connection herewith. The Selig will indemnify and hold M1ermlas the Purchases end any or all of the Purchasers olfic rs. agent, am employees firms and against any am all claims. I., damages. ,bar,. 0, expenses, whither direct or India.,, and whether to parson, ar proprrry ,o which the Purchnur may he put or Subject by rrmon crony act, action, neglect, omission ar default oa the an of the Seiler any of his contractors, or any Of the Scllers or contractors officers, agents or employers. In care any suit or other procedings shall be bmugh, against he Pure soc%or its officers, agents Or employeas at any time on scream or by reason of any act action, neglect, emission a, defroll of the Seller of any Of his rommndors or any Tf its or their officers, agents or enmluyces as afin.aid, the Seller hereby agrees to assume the defense thereof and to defend the same .1 he Sellers own cap ri to pay any and all costs, charges, amen rye fees and other expenses, any and all judgments that may be Incurred by or obtained aping the Pumhaur or any of its or their officm, ageau or employcon in men suits at other pr«redirip, and In caw jackal or other lien be placed open or obtained against the property of the Puan.,a, at said pariics in in as a null of Such suits or ether raraedinp. the Seller will at once Cause the some to be dissehvd and diuhargod by giving bond or otherwise. The Seller and his Convadms shall lake all Safety precauions, hrmish and install all Bards necasnry for the prevention Of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Sofryend Health Are of 1990 am all pules and regulations heard pursuant faces., Revised TIC010