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HomeMy WebLinkAbout459545 HOMELAND FENCE (LESONDAK CONST) - PURCHASE ORDER - 9122288PURCHASE ORDER PO Number Page City of 9122288 1 1 of 2 `t Collins This number must appear on all invoices, packing slips and labels. Date: 04/20/2012 Vendor: 459545 HOMELAND FENCE (LESONDAK CONST) 6204 JACKPINE DR BELLVUE Colorado 80512 Ship To: CLRS ADMINISTRATION CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS Colorado 80524-4 Delivery Date: 04/20/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Fencing at County Rd 38 1 LOT LS 8,137.83 E/Musgrave Property Fencing for the Musgrave property at County Road 38 E per work order signed 4/19/12 and invoice 436 dated 1/30/12. Total $8,137.83 U 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 I. COMMERCIAL DETAILS. Tax exemptions. Hy statute the Citv of Fwf Collins is exempt from state and Inc.] taxes Our Exemption Number is 11. NONWAI VER. 99-01502. Federal Excise Tax Exemption Certiliente of Registry 94-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performmee of the tans and conditions hereof. fri(re or ddny to Internal Rvdence, Denver. Colorado (Ref. Colorado Revised Slatums 1973. Chapter 39- 26, 114 (n). exercise any rights or remedies pmVided lemin or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder cr approval riche design, shall not release the Scllcr of Goals Reirefed. GOODS REJECTED due to failure In meet specifications. either when shipped or due forefeet, of anv of the vvrmnlies ar obligations of this purchase order and shall net be deemed a waiver of anv right of the damage in transit, may be renamed to you for credit and are not to be replaced except upon receipt of written purchaser to insist open strict performance hcmoformy of its rights or remedies as many such goods, mgardless immuctions farm the City of Fnn Collins. of w'hca shipped, received or accepted. is in any prior or subsequent default hereunder, nor shall any porpnnnl oral medificatiou or rescission of This purchase order by the Purchaser operate is a waiver of any of the terms Inspection. GOODS arc subject to the City of Fon Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response in this order can result in 12. ASSIGNMENT OP ANTITRUST CLAIMS. mnheriscl payment on the pan of the City of Pon Collins. However. it is to be unlcrstoad than FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting Ihrno antitmm ACCEPTANCE is dependent upon completion off;] applicable required inspection pmeedurcs. violations arc in fact borne by the Purchow, Theretofore. for good cause and as consideration for executing this purchase onlcu the Seller hereby assigns to the Purchaser are and all claims it may now have or hereafter Freight Teats. Shipments must be F.O.H.. City of Fort Collins, 700 Woal St.. Fun Collins, CO 90522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified rem this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser p uSumn to this purchase order. bill mast accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where runumbemrers have distributing points in indoue pans of the country. shipment is If the Purchaser directs the Scllcr to correct nonconforming or defective goods by a date to he agreed area by the expected fmm the nearest distribution point m destination. and excess freight will he deducted from invoice when Purchnscr and the Seller.and the Seller thereafter indicates its inability nr unwi ilinguess to comply, the Purchaser shipments arc made fmm greater distance once cause the work to be Perforated by the most expeditious means ivailable to it, and the Scllcr shall pay ,If costs icocirncd with such work. permit,. Seller shall pmeure m Scllcr, sale cost all nmessary permits, cer ifieaes mad licenses required by all applicable Imes, regulations, ordinances and rates niche state. municipality, territory or political suhdis'ision where the work is perforated. or required by any (her duly constituted public aulhonry having jurisdiction over the work of render. Seller father agrees to hold the City of Fort Collins harmless from and against all liability anti loss incurred by them by reason offan asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorisation. All panics to this contract agree that the representatives arc. in fact, bona fhdc and possess fill] and complete authority to bind ,aid panics, LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the hems and conditions staled herein set fenh and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different ices and conditions pmpesed by seller are ohjected to and hereby rejected, 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to alive on your promised delivery date as noted. Time is ofthc essence Delivery and performance must be effected within the time stated on the purchase ender and the document, attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver ofthis pmvisien. In the event nfnny delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofi lacing 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 emus,, net reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such acts of Gnd. ads ofeivi] or military authorities, gnremmental priorities, rims, strikes, flood, epidemics, wars or Tints provided that notice of the conditions musing such delay is given to the Purchaser within five (5) days ('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 ofthe delay. 3, WARRANTY. The Seller wa rams that all goods. articles, materials and mark covered by this order will contemn with applicable drawings, specifications, samples and/or other descriptions given, will he 0t 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 hamilec from any loss, damage or expense which the Purchaser may suffer or incur on account of the Scl]cn breach of wam, my. The Seller shall replace, repair or nmcc good, withal cost to the purchaser, any defects or faits arising within one (I ) year or within such longer period of time as may be prescribed by law or by the temps efony applicable warranty provided by the Seller aner the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably (]cloyed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this wren my. Except as otherwise pmvidcd in this purchase order. the Sclicrs liability hereunder shall extend to all damages proximately caused by the broach ofany of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or Ions of use NO IMPLIED WARRANT Y OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may notice 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 Icmw, including additions to or dcletiuns from the titanium, originally reacted in the specifications or drawings. by verbal or written change enter. If any such change affects the amount due or the time of performance hereunder. an equitable adjustment shall be made. b. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as In any or all penions of the goods then not shipped, subject to any equitable adjustment between the panics ns to any .work or materials then in progress provided that the Purchaser shall not be liable for any claims fnr anticipated profits on the uncompleted portion of the goods and/or work, for incidental or eansequcutial damages. and that no such adjustment he tumlc in favor of the Seller with oc,pcet to any good which arc the Seller, standard stuck. No such termination shall relieve the Purchaser or the Scllcr of any of their obligations as many Bonds delivered hemandcr. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be ",,red within Ihirty (30) days form the date the change or munninalion is oriental. 8. COMPLIANCE Willi LAW. The Seller eamets that all goods sold heramder shall hall, been produced, sold, delivered and furnished in sitict compliance with all applicable laws and regulations to which the goods arc subject. l'he Scllcr shall execute aed delivc, such ducunwnts as may he required to effect or evidence compliance. All lows and regulations required to he incorporated in agreements of this character are hereby incorpomted herein by this reference. The Seller agrees to indemnify and hold the Purchnscr hamilec from all costs and damages suffered by the Porchascr as a result of the Sellers failure m comply with such law. 9. ASSIGNMENT. Neither paw shall assign, transfer, or convey this order, or any monies due or to became due hereunder without the Prior written consent of the other parry. 10. TIT LE. The Seller wnm cos full, clear and unrestricted title to the Pumhascr for all vein ipmem. matcria is. and items famished in Performance of :his 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 time From ill liability and claims of any nature resulting fmm the perf rmanee of sich work. This mlease shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and cahployces nfsuch party. The Seller's economical obligations, including wamnty, shall not he deemed to be reduced, in any way, heeanse such work is Performed or caused to be performed by the Pumhascr. 14. PATENTS. Whenever the Seiler is required to use anv design, device, material or process covered by letter, patens, had anrrk or copyright life Seller shall indenmify and save hmmicc the Purchaser from anv and all claims for infringement by reason of the use of such parented design, device, material at process in connecion .with the contract, and shall indcmnifv the Purchaser for any cost, expense or damage which it atay he obliged to pay by reason of such infringement at any time during the prosecution of alter the completion of the work. In case said equipment or .any part thereof or the intended use of the grads, is in such suit held to consulate infringement and the use of said equipment or pun is cnieined. the Seller shall, at its own expense and at its option, either procure far the Purchaser the right to continue using slid equipment or pans replace the same with substantially equal but neninfringing equipment or modify it sn it becomes inninfringing. 15. INSOLVENCY. If the Seller shall become insolvent nr bankrupt, make in assignnmett for the benefit of creditors, appoint a receiver or trustee for any of the Set lcrs progeny, or business Ihis order may battles ih be enameled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of teats used or the interpretation riche ogmement and the rights ofall panics hereunder shall be construed under and gnvemed by the laws riche State of Calomde. USA. The following Additional Conditions apply unit, in cases where life Seller is to perform work hereunder. including the services of Sclicrs RepmsenmlivoW, on the premises n(others. IT SELLERS RFSPONSTBILITY. The Seller shall carry on said work at Scllers own risk until the same is fullv conipicted and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Sclicrs 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 Seller. the Seller shall receive. unload. store and handle same at the site and becornc responsible therefor as though such materials and/or equipment were being furnished by the Scllcr under the order. 19. INSURANCE. The Seller shall, nl his own expen,c. provide fur the payment of wmrkers dmgxnsation, including occapNionnl disease benefits. to it employees empleyed no or in connection with the work cnvcrcd by IN, purchase order. and/or m their dependents in accordance with the laws of the tart in vwhich the work is to be dune, The Seller shall also carry comprehensive general liability including. but not limited to, contractual and automobile public liability insurance with hrdiny injury and death limas ofin least S300.0m for any one person, 5500.000 for any one accident and pmperty damage limit per accident of S400.000, The Seller shall likewise require his contractors. if any, to provide for such compensmion and insurance. Before any of the Sellers; or his contractors employees shall do any work upon the pmntiscs of olhcts, the Seller shall furnish the Pumhascr with a certificate that such compensation and insurance have been Provided. Such ccnificates shall specify the date when such compensation and insurance have been pmhvidol. Such ccnificates shall specify the date when such compensation and insurance cspim, The Scllcr,grec, that ,such compensation and insurance shall he muimained until abler the entire work is contpicled and accepted. 19. PROTECT'ION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility, wad liability for any and all damage. Inc or injory of any kind or nature whatsoever no persons er pmpcity caused by or resulting from the execution of the work provided for in this purchase onfer or in connection herewith. The Scllcr will indemnify and hold hamilesx the Purchaser and any or all of the Purchasers mfiecrs, agent, and employees facto and against any and all claims. losses, damages. charges or expenses, whether direct or indirect and it henher to persons or pmperty to is the Pumhascr may be put or zahket by reason of any act, action. neglect omission or default on the pan of the Seller. any of his contractors, or ray of the Scllers or contractors officers, agents or employees. In ease any suit or other Proceedings shall he bmugbt against the Purchaser, or its officers. agents or employees at any time on recol of or by reason of any act. action, neglect omission or default of the Seller nfnny of his emm.,cm, or any of its or their officers, agents or employees as aforesaid. the Seller herebv agrees to assume the defense thereof and to defend the sane at the Sellers own expense, to pay any and all costs charges, attorneys fees and other expenses. any and all judgments than may be mcamcd by or obtained against the Purchaser or any of its or their officers. areas or cmpinycce in such suits or other proceedings. and in case judgment ar other lien he placed upon or obtained against the property of the Purchnscr, or said panics in or as i result of such suits or other poceedings. the Seller will at mace cause the same In be die olvel and discharged by giving bond er otherwise The Seller and his contractors shall take all safety precautions, fiimish and install all guards necessary for the prevention of accidents, emnply with all Imes and regulations with regard to safety including, bill without limitation, file Occupational Safety ind Health Ad of 1970 ind nil nilcs land regularinns isnmd pursamnt thetem. Revised 03/2010