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HomeMy WebLinkAbout459545 HOMELAND FENCE (LESONDAK CONST) - PURCHASE ORDER - 9117565PO PURCHASE ORDER 9117565 Page City of PURCHASE 9117565 t of z ' `t Cot I„s This number must appear ` ` , 1 on all invoices, packing slips and labels. Date: 05/11/2012 Vendor: 459545 HOMELAND FENCE (LESONDAK CONST) 6204 JACKPINE DR BELLVUE Colorado 80512 Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS Colorado 80521 Delivery Date: 12/21/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 Addendum to PO 1 LOT EA 474.60 Museum of Discovery Total $474.60 c3. oil.:ses� 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 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 1. COMMERCIAL DETAILS. Tax exemptions, By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is I L NONWAIVER. 98-M502. Finical Excise Tax Exemption Certificate of Registry 84-6A)(10587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the toms and conditions hereof, failure or delay to Internal Revenue. Denver, Colorado (Rd Colorado Revised Statutes 1973, Chapter 39.26. 114 (a). exercise any right or remedies provided herein or by law, failure to promptly notify the Seiler in the event of a breach, the acceptance of or payment for good; hereunder or approval of the design, shall not release the Seiler of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due in defects of any of the svamnties or obligations of this purchase order and shall not be defused a waiver Many right of the damage in transit, may be returned to you for credit and am not to be replaced except upon mecipt of written purchaser to insist upon strict perfnrmanee hereofor any of its rights or remedies as to anv such goods. regardless instructions fmm the City of Fort Collins, of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported omI modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the mcrchnnlise, 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 Fan Collins. However, it is to he understand that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmm nntitmst ACCEPTANCE is dependent upon completion of all applicable required inspection Iumcudurcs. violations are in fact borne by the Purchnscr. 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 on ccreofier Freight Terms, Shipment must be F.O.B., City of Fort Collins, 700 Wood St.. Fan Collins. CO 90522, unless acquired under federal or state mainnot laws for such nwcrcherges 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 reacquired by the Purchaser pursont to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufncmmrs have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted four Invoice when shipment are made from greater distance. Permits. Seller shall procure at sellers sale cost all necessary permits. certificates and licenses required by all applicable laws, regulations, ordinances and miles 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 version Seller further agrees to hold the City of Fort Collins hamlms form and against all liability and loss incurred by them by reason of an assened or established violation of any such laws, regulations, onlirr nces, rules and requirement. Authorization. All parties to this contract agree that the representatives arc, 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 tans and conditions stated herein set forth and any supplementary or additional terms and conditions annexed herein or incorporated herein by reference. Any additional or different terms and conditions Imposed 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 promised delivery date as noted. Time is of the essence. Delivery and Performance must be effected within the time stated on the parchuxe order and the documents number] hereto, No acts of the Purchasers including, without Ijn.itation, acceptance of Partial 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 without its fault of negligence. such acts of Gonl, acts ofeivil or milituryoutheritics, governmental Priorities. fires, strikes flood. epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchawr 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 ..at, that all good, articles, materials and work covered by this order will confirm with applicable drawings, specifications, samples and/or other descriptions given, will be Ft for the purposes intended, and performed with the highest degree of care and competence in accordance with necepted standards for work of a similes 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 wamnty. The Seller shall replace. repair or make good, without cast to the purchaser, any defects or faults arising within one (1) year of within such longer period of time as may be prescribed by law or by the terms Crusty applicable wamnty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective mark done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a miser ofany claim under this wamnty. Except as otherwise Provided in this purchase order, the Sellers liability hereunder shall extend to all damages pmximmcb, caused by the breach of any of the foregoing waronties or guarantees, but such liability shall in no event include loss of profits or Inc of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser stay make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Pumhawr may stake any changes to the tans, other than legal terms, including ndditions to or deletions from the quantities originally ordered in the specifications or drawings. by verbal or .written change order. If any such change affects the amount due or the time ofperformance herctmder, an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or fill portions of the goods then not shipped, subject to any equitable adjustment between the parties 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 strike 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 good which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seiler of any of their obligations as to any good delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW, The Seller wamnt that all goods sold hereunder shall have been produced, sold. delivered and furnished in strict compliance with all applicable haws and regulations to which the goods are subject. The Seller shall execute and deliver such documents its may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Pmuehawr harmless from all costs and damages suffered by the Purchnscr its a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies disc or to became due hereunder without the prior written consent of the other party. If. TITLE. The Seller mamas fill, defraud unrestricted title to the Purchaser for all equipment. smimnalS, and items fumishcd in performance of this agreement, free and dear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofothcrs. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconfoming or defective good by a date to be agreed upon by the Purchaser and the Scllcr and the Seller thereafter indicates its inability or unwillingness to "amply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay fill costs associated with such work. The Seller shall release the Purchnscr and it contractors of any tier farm all liability and claims of any nature resulting firm the perfomnnce ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, dicers and employees of such party. The Seller's contmdual obligations, including wamnty, shall not be deemed to be mduenl, in any way, because such work is performed or caused in be performed by the Purchaser. 14. PATENTS. Whenever the Scller is required to use any design. device, material or process covered by letter, patent, trademark or copyright, the Scllcr shall indemnify and save harmless the Purchaser fmm 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 Purchnscr for nny cost. expense or damage which it maybe obliged In pay by reason ofsuch infringement at any time during the prosecution or after the completion of the work. In ease said equipmcty, 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 mum expense and at its option, either procure for the Purchaser the right to contimte using said equipment or parts, replace the sumc with substantially equal but non infringing equipment, or mrxl i fy it so it hecomes noninfringing. 15. INSOLVENCY. If the Seiler shall become insolvent Or bankrupt, make an as. ignmcnt for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may fnnhw'ith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of temus used or the interpretation of the agreement and the rights ofall parties hereunder shall be consumed under and governed by the laws ofthc State of Colomdo, USA, The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the wnices of Sellers Rcpresentativc(s). on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the mine 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 wnrk at Scllcrs own expense and to the satisfaction ofthe Purchnscr. When materials and equipment are finished by others fur installation or erection by the Seiler, the Scllcr shall receive, unhand, store and handle same at the site and hecome responsible thcrcfor as though Such materials and/or equipment were being furnished by the Seller tinder the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers eomperomion, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order. and/or to their dependent in accordance with the Inv; of the state in which the work is to be done. The Seller shall also carry comprehensive general liability incluoling, but not limited to, commctual and automobile public liability insurance with bodily injury and death limits of at least 5300.000 for any one person. S500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise 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 of other, the Seller shall famish the Purchaser with a certificate that such compensaion and insurance have been provided. Such certificates shall specify the date when such compensation and inmmnee 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 after 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 of any kind or nature what,mvcr to persons or pmpeny caused by or resulting fmm the execution ofthe work provided for in this purchase order or in connection herewith, The Seller e'ill indemnify and hold harmless the Purchaser and any or all of the Purchasers officer, agents and employees fmm and against any and all claims, losses, damages, charges or expenses. whether direct or indirect. and whether to persons at pmpcny to which the Purchaser may be put or subject by reason of any net. action, neglect, omission or default on the pan of the Scllcr, any of his contractors, or any of the Sellers or contractors officers, agents or employees In ease any suit or other Proceedings shall be brought against the Purchnscr, or its officers, agent or enmployecs at tiny time on account or by reason of any act. action, neglect, omission or default of the Seller ofany of his contractors or any of its or their officers, agents or employees as nfnresaid, the Seller hereby agrees to assume the defense thcrcuf and to defend the same m the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgnwnt that may be incurred by or rammed against the Purchaser or any of its or their oRcers. agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the propcny of the Purchases. or said parties in or as a result ofsuch suits or other Proceedings, the Seiler will at once cause the same to he dissolved and discharged by giving bond or otherwise. The Seller and his contmctms shall take all safety pmcmnions, famish and install all guards necessary for the prevention of accident. comply with all Inws and regulations with regard to safety including, but without limitation, the Occupational Safety and flenith Act of 1970 and all rates and regulations issued pursuant Ihemto. Revised 03/2010