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HomeMy WebLinkAbout459545 HOMELAND FENCE (LESONDAK CONST) - PURCHASE ORDER - 9120844City of Fort Collins Date: 02/08/2012 PURCHASE ORDER Vendor: 459545 HOMELAND FENCE (LESONDAK CONST) 6204 JACKPINE DR BELLVUE Colorado 80512 PO Number Page 9120844 1 of 2 This number must appear on all invoices, packing slips and labels. Ship To: CLRS ADMINISTRATION CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS Colorado 80524-4 Delivery Date: 02/08/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Hughes Stadium Disc Golf 1 LOT LS 6,430.00 Course Fencing Fencing for the disc golf course at Hughes Stadium per invoice 437 dated 1/30/12 and Work Order signed 2/7/12. Total . $6,430.00 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, 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 I. 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-W502. Federal Excise Tax Exemption Certificate of Registry 94-60(11 is registered with the Collector of Failure of the Purchaser to insist upon strict Performance of the terns and conditions hereof. failure or delay to Internal Rev cane, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by lax', failure to promptly notify the Seller in the event of a breach, the acceptance ofor 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 warranties 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 ore not to be replaced except upon receipt of written Purchaser to insist upon strict performance hereofor any ofits rights or remedies as to any such groats, regardless instructions From the City of Fort Collins. of when shipped, received or accepted, ns to any prior or subsequent default hereunder. nor shall any pumonM oral modification or rescission of this purchase oiler by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City effort 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 par 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 from ontitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase onter, 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 Fnrt Collins, 7IXI Need 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 oiler. bill most accompany invoice Additional charges for Faking 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 Ifthc Purchaser directs the Seller to correct nonconforming or defective grads by a date to be weed upon by the expected fmm the nearest distribution point to destination, and eseess freight will be deducted fmm Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or umvillirlom< to comply. the Purchnscr shipments arc made from greater distance. may cause the work to be Performed by the must expeditious means available to it, and the Seller shall pay all costs associated x'ith such work. Pcmits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordittanm and rules of the state, municipality, wintery 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 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. Atnhorintion. All parties to this contract agree that the representatives are. in fact, bona fide and possess full and complete authority to bind 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 temu and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive an your premised delivery date as noted. Time is of the essence. Delivery and nafommnce 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 Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order 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 withmn its fault of negligence. such acts of God, acts ofeivil or military anthoritics, governmental priorities. Isms, strikes. food epidemics. wars or rims provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time whim 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. a, WARRANTY. The Seller warrants that all good, anicics, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will he 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 mammy. The Seller shall replace, repair or make good. without cost to the purchaser. any defects or faults arising within one ( I ) year or within such longer period of time as may be prescribed by Inv or by the it. of any applicable warranty provided by the Seller after the date of acceptance of the gads furnished hereunder (acceptance not to be unreasonably delayed), resulting firm imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver ofagv claim under this warranty . Except as otherwise provided in this purchase order. the Sellers liability hereunder shall extend to all damages pmximatcly caused by the breach ofany 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 Icgal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any auch change affects the amount due or the time of perfomu'mcc hereunder, an equitable adjustment shall be made. 6. TERMINATIONS, The Purchnscr may at any time by written change order, Icmtinatc 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 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 rode in favor of the Seller wifh respect to any goods which arc the Sellers standard stork. No each nomination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or temination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all gads sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goads arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All Imes 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 Purchaser harmless From all costs and damages suffered by the Purchaser as a result of the Seller, Iniian: to comply with such law. 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 of the other party. HF TITLE. The Scllcr wmmnts full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofothers. The Seller shall release the N uelo scr and its contractors of any net From all liability and claims of any nature resulting (tam the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors. omccrs and employees ofsuch pane. The Seller's contractual obligations, including wammty, shall not be deemed to be reduced, in any way, because such work is performed or caused to he performed by the Pumha,acr. 14. PATENTS. Whenever the Seller is required to asc any design, device, material or process covered by Icncr, patent. trademark or copyright, the Seller shall indemnify and save harmless the Purchaser firm 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 indemnify the Purchaser for any cost, expense of damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion Why work. In case mid equipment. or any part thereof or the intended use of the goods, is in such snit 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 pnaure for the Purchaser the right to continue using mid equipment of parts, replace the same with substantially equal but amonfringing equipment, or modify it so it becomes anninfringing. 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 terms used or the interpremtimt offhc agreement and the rights of all panics hereunder shall be construed under and governed by the Imes of tlnc State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the son ices of Sellers Represcrou vc(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the. vac is fully completed and necepted, teed shall. in case of any accident, destruction or injury to the work and/or materials before Sellers Final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Pnrchamr. When materials and equipment arc furnished by others for installation or erection by the Seller, the Seller shall rcccise, unload, store and handle same at the site aad become responsible therefor as though such materials andfnr equipment were being furnished by the Seller undo the order. 19. INSURANCE. The Seller shall, at his 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, andfnr to their dependents in accordance with the laws of the state in which the work is to be done, The Seller shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, $511o.ono for any one accident and property damage limit per necident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such eonipensatioa and insurance. Before any of the Sellers or his contractors employees shall do anv work upon the preniws of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance hnve been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such ccnifientes shall specify the date when such compensation and insurance expires. The Scllcr agrees thatsuch compensation and insurance shall be maintained until nfcr 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 front the execution ofthe work provided for in this purchase nrderor in connection herewith. The Seller will indemnify and hold hzmlesc the Purchaser and any or all of the Purchasers effects, agents and employees farm 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 be put 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 Sellers or contractors affects, agents or employees In case any suit or other proceedings shall be brought against the Purchases or its officers, agents or employees in any time on account or by reason of any act, action, neglect mmission 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 same at the Sellers own expense, to pay any and all costs. charges, anomcys fees and other expenses. any and all judgments that cony 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 or obtained against the property of the Purchnscr, err mid parties in or as a result ofsuch suits or other proceedings, the Seller will at once cause the same 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 acccsmry 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 thereto. Revised 03/2010