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HomeMy WebLinkAbout496529 WILDLAND RESTORATION VOLUNTEERS - PURCHASE ORDER - 9117607City of �,.F.�orrt Collins Date: 12/27/2011 PURCHASE ORDER PO Number Page 9117607 10f2 This number must appear on all invoices, packing slips and labels. Vendor: 496529 Ship To: WATER UTILITIES WILDLAND RESTORATION VOLUNTEERS CITY OF FORT COLLINS 633 REMINGTON ST 700 WOOD ST FORT COLLINS Colorado 80524 FORT COLLINS Colorado 80521 Delivery Date: 12/27/2011 Buyer: OPAL DICK Note: Line Description Quantity Ordered UOM Unit Price Extended Price LAND MAINTENANCE SERVICES 1 LOT LS 12,000.00 MCCLELLANDS CREEK REHAB Total $12,000.00 C3. Oi'la:sQ�L 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 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 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER, 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Intcmal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach. the acceptance of or payment for goods hereunder or approval of the 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 %armies or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be termed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon mitt performance hereof or any of its rights or remedies as to are 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 oral mndification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS rem 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 pan of the City of Fort Collins. Hmvuven it is to be understood that FINAL 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 borne by the Purchaser. Theretofore, for goad 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 hcoa ficr 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 antitrom 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 most 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 parts of the country, shipment is Tithe 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 execs freight will be deducted from Invoice when Purchaser and the Seller,and the Scllcr thereaBer indicates its inability m unwillingness 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 Seller shall pay all costs asaiated with such work. Pcmits. Seller shall procure at sellers rate cost all necessary permits. certificates and licenses required by all applicable laws. regulations, ordinances and rules of the state, municipality, temtory 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 held the City of Fon Collins harmlc. s foam and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws. regulations, ordinances, rules and rcquimmcnts. Authorization. All parties to this contract agree that the repmscntatives arc, in fact, bona fide and possess full and complete authority to hird said panics, LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms 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 Scllcr are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to nrrivc on your promised delivery date as noted, Time is ofthc 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 ofpanial late deliveries, shall operate as a waiver of this provision. In the event of any delay. the Purchascr shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsovhcre and holding the Seller liable for damages. However, the Sellershall 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 ofGod. acts ofeivil or military authorities, gowemmental priorities, finis, strikes, flood, epidemics, wwrs or riots provided that notice of the conditions earning such delay is given to the Purchascr within five (5) days of the time when the Seller first received knowledge 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 warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifiwtinrs, samples and/or other descriptions given, will be fit for the purposes intended, and 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 Purchaser. may suffer or incur on account of the Sellers breach of wam. nty. The Seller shall replace, repair or retake good, without cost to the purchaser, any defects or faults arising within one 11) year or within such longer period of time as may be prescribed by law or by the terms ofany applicable warranty provided by the Seller aner the date of acceptance of the goods furnished 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 Purchaser shall not consrimte a waiver of any claim under this warranty. Except as mherwisz provided in this purehavc order, the Sellers liability hereunder shall extend to all damages pmximatcly caused by the breach of any of the foregoing wamantics 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 teens including additions to or deletions from the quantities originally ordered in the speeifiwriom or drawings, by verbal or vrinco change order. If any such change affects the amount due or the time of performance hereunder. an equitable adjustment shall he made. b. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in pmgress pmvidcd that the Purchaser shall not be liable for any claims for anticipated pmfils on the uncompleted portion of the goods and/or work, for ineidentel or consequential damages, and that no such nljusnnent be made in favor ofthc Seller with respect to any goods which am the Sellers standard stuck, No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assumed within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants 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 ns maybe requited to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchascr hairless from all costs and damages suffered by the Purchaser as a result ofthc Sellers failure to comply with such taw. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the Prior written consent ofthc other party. 10. TITLE. The Seller 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 encumbrances and claims of others. The Seller 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 release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees of such party. The Sol lcr's contractual obligations, including worn my. shall not be deemed to be reduced, in any way, because such work is performed or caused to be perfommd 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 Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or paces in connection with the contract. and shall indemnify the Purchascr for any cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or a0er 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 part is enjoined, the Seller shall, at its own expense and at its option. either pmcure for the Purchascr the right to continue using said equipment or pans, replace the same with substantially equal but anninfringing 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 mumer or trustee for any of the Sellers property or business, this outer may fonhwith be canceled by the Purchaser without liability. Ih, GOVERNING LAW. The definitions ofterms used or the interpretalion ofthc agreement and the rights oLyll parties hereunder shall be construed under and governed by the laws of the 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 Repmescntative(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Scllcr's 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 Seller's final completion and acceptance, complete the work at Seller's no expense and to the satisfaction of the Purchases When materials and equipment arc furnished by others for installation 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 equipment were being fumishcd by the Seller under the order. 19. INSURANCE. The Seller shall, at his own expense, pmvidc for the Payment of workers compensation, including occupational disease bentrts, to its cnmpinyces employed on or in connection with the work cm'cmd by this purchase onto, 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 eompmhensive general liability including, but not limited to. contractual and automobile public linhility insurance with hardily injury and death limit of nt least S300,000 for anyone person. $500,000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to pmvidc for such compensation and insurance. Before any of the Scllcrs or his contortion camloyces shall do any work upon the pm rises of others, the Scllcr shall famish the Purchascr with a eenifieam that 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 he maintained until net the entire work is completed and accepted, , 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hereby assumes the entire responsibilityand liability for any and all damage, loss or injury ofany kind or nature whntsoever to pecans er property caused by or resulting from the execution ofthe work provided for in this se or purchader or in connection herewith. The Seller will indm enify and hold harmless the Purchascr and any or all of the Purchascr oniecm. agents and employees from and against any and all claims. losses, damages, charges or expenses, whether direct or indirect, and whether to persons or pmperty to which the Purchaser may be pot or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Scllcrs or contractors officers, agents or employees. In case any suit or other Proceedings shall be brought against the Purchascr, or its officers, 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 thereof and to defend the ,me 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 Purchascr or any of its or their olBeers. agents or employees in such sits or other f rmcedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said panics in or as a result ofsuch suits or other proceedings, the Seller will at once cause the ,.me to be dissolved and discharged by giving bond or otherwise. The Scllcr and 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 Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant therein. Revised 0312010