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HomeMy WebLinkAbout107133 BATH INC - PURCHASE ORDER - 9141870Fort Collins PURCHASE ORDER PO Number Page 9141870 left This number must appear on all invoices, packing sli s and labels. Date: 04/03/2014 Vendor: 107133 Ship To: ENGINEERING DEPT-MASON BATH INC CITY OF FORT COLLINS 2000 E PROSPECT ST ENGINEERING DEPT-MASON PO BOX 1966 281 N. COLLEGE AVE FORT COLLINS CO 80525-1313 FORT COLLINS CO 80524 Delivery Date: 04/02/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 Landscape & Irrigation Work 1 LOT LS 1,332.45 For South Transit Center PER TERMS AND CONDITIONS OF AGREEMENT DATED MARCH 19,2014. 2 Landscape & Irrigation Work 1 LOT LS 93,548.16 For South Transit Center 3 Landscape & Irrigation Work 1 LOT LS 41,030.00 For South Transit Center City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul 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 Invoice Address: 135.910.61 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDEfADS. Tax aemptiam. By statute the City of Fort Collim is exempt from state and local taxes. Oa Excenpfon Number is 11. NONWAIVER. 98-04502. Federal Excim Tax Exemption Coniftcam of Registry 84-6000587 is registered with the Collator of Failure of the Purchaser to inset upon strict pafocamen. of the terms And condition hereof, failure m delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26.114 (a). exercise any rights or remedies provided hacin or by law, failure to promptly notify be Seller in the event of a breach, be acceptance ofor payment for goods heremder or approval offe design, shall not release the Seller of Goods R jected. GOODS REIECfED due to fail. An meet apecifioatian, eifa wbcn shipped or do, 0 date,, of Any of the wammS. or obligation of this purchase order And shall out be domed A waiver of my tight of fie damage in tmnit, may bereturned to you for credit And are not to be replaced except upon raeipl of written purehaur to insist upon miel pafinal ehoomfor Any of to rights err remedies a to An, such goods, regoelf. Gstmcdons from the City of Fort Collins. of when shipped, received a arepted, As to Any prior or subuqumt default bereander, nor shall any purEmoll Met modification or rescission of this purchase order by be Purchx¢a operate As a waiver of my of be terms Inspection. GOODS arc subject to the City of Fart Collin inspection oA revival, hereof. Final Acceptance. Receipt of the mcmhandiu, services or expripment in rapnae to this oNer can made in 12. ASSIGNMENT OF AN ffRUST CLAIMS. authorized payment oo the part of the City of Fart Collins. However, it is f be understand that FINAL Seller and the Pureha.r mogoire that in actual economic practice, overcharges resulting from terminal ACCEPTANCE is dependen uiv n completion of all appficable required impecrim pteadum. violations are in fact home by be Purchaser. Theretofore. for good curve and a consideration for Aerating Us pumhasa oNer, the Sella 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 Fort Collins, 700 Wood St, Fort Collins, CO 90522, unless acquiml under federal or state antitrust laws for such overcharges sabring to the particular goods or services ofewisc specifiedoo this oNer. lfpermissian is give. to pope, freight end charge separately, me original freight muthaocd or acquired by the Parthasa pursuant to this purchase order. bill mostacmmpany invoice. Additional changes fee packing will cot be accepted - - 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. ShipmentDistance.thee. Whew manufacturers I.retinasparts the IftbePSeller taloned noneonfomtingor to be agreeduponPurchaser dfrainrummy, excess de voice when distribution point m destinadoq eve excess freight will be deducted from Invoice wM1en expected from the todeatsfion, and inbemegoods wbyadess and teectsthe and the Seller, and beSellerythereafterindicates its inability or unwillingness to comply, the Purchaser shipments ate made from greats dlstance. from myPurchasers most Or may rouse Newark m ch performed by fie moot expeditious mean available f it, and Om Seller atoll pay all ants assoolsted with such work. Permits. Seller shell procure settees sole coat permit, ceninmtes end licema required by all Ordinances ft esae. nr political subdivision whom applicable laws, and roles of the ante, municipality, The Seller nil fie Purchaser end its canrmcmrs of any tier from JI liabiliry and dolma of any nature the work is performed, or by A ority i over the work rased.negulmmu,criminal any other duly public authorityAnd having j areleaserfo insulting from the performance ofsuch work, r Fort Collinsed iei t gretby Fen Cohornless from end against ell liability and lass Seller firmer Agrees to hold the City all of snob li incurred by fern by reason of m asscded or established vialafon of any such Jews, regulation, ordinances, roles b This shall apply even in the event of fault of negligence of the parry released and shall extend m the toed eequirtmen,. directors, lArs, oRcen erW employes ofsuch parry. Authorization. All parties to this contract agree that Ora rap martatives art, in fact, bona fide end posua Poll and complete authority to bind said parties. LIMffATION OF TERMS. This Purchase Order expressly limits acceptmce to the toms And conditom stated herein set forth and any supplementary or additional terms and candidate Amexed ham, or IAcori arated herein by reference. Any additional or different terms and conditmus proposed by seller are objected m and hereby rejataL 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you .mot make complete shipment to Arrive on your Intermixed delivery date m noted. Time is AMA es¢AnA,. Delivery And performance most be effected within the time stated on be purchase Area and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpartial late deliveries, shall opcmm 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 of placing this order elsewhere and holding be Seller liable for damage. However, the Seller shall vm be liable for damages As A result of delays due to causes out ramombly fomoeoable which are beyond its reasoable coo"] and wi lout its fault ofnegligmce, such acts of Gad, ants ofcivil or military auforiRs, governmental priaririea fin, slfika, Rood, epidemiq wars m riots provided that notice of the condition taming such delay is given to the Purchaser within five (5) days of fe time when fie Seller first received knowledge fereof. In fie even[ of Any such delay, the dam of delivery ¢hall be amadcd for be period equal to the time acttully lost by reason offs delay. 3. WARRANTY. The Seller warms, that all goods, articles, materials and work covered by this Area will conform with applicable drawings, specification, samples aaVar crime descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in acc reduce with accepted standards for work of a unite ah.e. The Sella agrees to bold fie pumbaser barmlas from Any loss, damage or Ax me which the Purchna may sufferor incur on account of the Sellers broach of waamry. The Sella shell replace, repair or more good, without cast An the purthacer, Any defects or faults arising within one (I) year or within such longer period of time a may be prescribed by law or by be terms ofany applicable warranty provided by the Seller after the data of acceptance of the goods famished heremder (Acceptance not f he onrssonably delayed), moulting from imperf t or defective work done or materiels famished by the Sella. Acceptance or use of goods by the Purchaser shall net constitute a waiver ofmy claim under this warranty. Except a otherwise provided in this purchase order, be Sellers liability hereunder shall extend to sit dorm ca prsimamly caused by fie breach of my of the foregoing warranties or guarantees, but such liability shall in no event include Ins ofprofits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Perehasa may make than,. m legal teem by written change area. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to be terns, other then legal terms, including additioa to or deletion tram fe gnmthim originally ordered in ft spce ficalioa err drawings, by verbal or written charge Order. If any ouch change Alta, be amount due or the time of,aformmre hereunder, an equitable adjustment shall be made. 6. TERvdHATIONS. The Purchaser may at any time by written change oNer. terminate fix agreement As In my or all portions of the goods then not shipped, subject to my equitable adjmbnmt between be parties an to any work or smelt, then in progress provided that the Purchaser shall not be liable for Any claims for Anticipated profits on be uncompleted portion of fie goads and/or work, for incidental or c us equential damages, end that no such adjustment be made in favor ofthe Seller with respect to any goods which arc the Sellen standard stock. No such tembot an shall relieve the Purchaser or ere Seller of any afthri, obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for edjustmmt most be asserted within ftry (30) days from the date fe clump or mammalian , Ox$,md. 8. COMPLIANCE WITH LAW. The Seller warmntr Out All goods sold hereunder slull have been produced, said, delivered And fiuvuhed in attract omplimce with All Applicable laws and regulations to which the goods are subject The Seller shall execute and deliver such documents a may he requiml to effect or evidence compliance. All laws and regulation required to he incorporated in ega mein of this character axe hereby incorporated herein by this reference. The Seller agrees to indemnify And hold be Purchaser harmless from all costs And damages sugared by the Pumhaa as a result of fie Sellers failure to comply wif such law. 9. ASSIGNh>EI4t. Neither pally shall Assign, treater, or convey this order, or any marries due or to become due hereunder without the prior wrinm consent offe other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to be Poachaa for all equipment materials, And items boosted in performance of this agreement, free and clear of any and all liens, restrictions, reservations, samity interest encumbrancer And claims ofothers. The Sellers contractual Obligations, including wammnry, shall not be deemed to be reduced, in any way, became such work ls performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is rryuired to use any design, devia, material or process covered by letter, pmenS tradema k r copyright, Ore Sella shall indemnify end love hmnticvs the Purchaser farm any and ell claims for infringement by am= of the use of such patented design, device, material or process in correction with fie contract, and shall indemnify the Purchaser for any cost, expaue or damage which it may be obliged to pay by reams of such infringement at my time during the pmamion or after be completion of the work In rase said equipment, of my part femof or the intended use of the goodA, is f such suit held to constitute tufringement and the me of said equipmem or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue ming said equipment or pam, replace the same with substantially equal but na.inGnging campmenq or modify dart it becomes nojnfringing. 15. INSOLVENCY. If fe Sella shall become insolvent or bankrupt, make an asai®mmnt foe the benefit of auditon, appoint A receiver or tm mA for any of be Sella. property or business, this order may foefwith be canceled by be Purehaerwifout liability. 16. GOVERNING LAW. The def ntu a of terms used or to is mpematioo off, e,reco mt And the rights of ell parties hereunder shell be mostmed under and governed by to laws of the State of Colorado, USA. The following Additional Conditions Apply mly in caw where be Sella , to perform work heremder, including elm services ofSellm Repramannive(s), on be premlses ofothem 17. SELLERS RESPONSIBILITY. The Seller shall mr, on said work at Sellers own r,k until the name is fully completed And accepted, and shall, in e of any accident, destruction or injury to be work and/or materials before Sellers final completiea and mcoptanco, complete be woek at Sellers own expense and to be satisfnetim of the Porchaa. When mantis, and equipment am famished by Otto for iatallafion or aecrioo by be Sella, fie Seiler shag macive, refund, store and handle same of the site and become responsible therefor As tough such materials and/or equipment were being famished by be Seller under the order. 18. INSURANCE. The Seller shall, At his men expense, provide for the payment ofwmkers crap man ion, including caupatlmal disease benefits, to Its employees employed on or In comecdon with the wank covered by Nis purchase order, and/or to their dependents in accordance with fie laws of the slate in which be 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 S3041,00o for Any one Anson. S5ffl," for any one accident and property damage limit per Accident of S400,04)T. The Seller stall likewise require his contractors, if Any, to provide for such mmpensorma And imurmce. Before my of the Sellers a his contractors employees shall der Any .,it upon fie plants. of others, the Seller shall finish the Purchaser wit A certificate that such compcnmion and Insurance have ben provided. Such certificates shall specify the data what such Ampemafion and insurance have ban provided. Such centficame shall specify the date when such compeaadon and insurance expim. The Sella agrees that such compensation and insurance shall be maintained until after fe allies work is completed And accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seiler hereby assumes We entire responsibility and liability for my and all damage, Ion or injury ofany lend r nature wMtsorva to perroas or property caused by or mulling Gam be execution of be work provided for in this Purchase oNer or in connahon hAmwif. The Seller will indemnify end hold brimless fe Purchase are Any or all at the Purchasers officers, agents and employees from and Against my and all claims, lasses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which be Purchaa may be or or subject by mason of any act, Action, neglect, omission or default on fe part of the Seller, any of his contractors, or my of fie Sellers or contractors officers, agents of amplayees. In case Any it or other proceedings shall be brought against the Purchaser, or its officers, agents or empioym at my time on actual or by ream. of any a, acdo, .Sleet, omissiea or default of the Seller of any of his contractors err any of its or their officers, agents or employees as aforesaid, be Seller hereby agrees to Assume the defense thereof and to defend be same at the Sellers own expense, to pay any and all cos,, charges, ammi fees And other expenses, my And all judgments that may be incurred by or obtained against fe Purchaser or any of its or fair officers, agents or employees m mch its or be, proceedings, are in case judgment or afa lie. be placed upon or Obtained against fie property of the Purchaser, or said parties in or As a molt ofsuch suits or office proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulation wif opal Or snfy including, but wifcut limitation, fc OccrrpaOonal Safety and Health Act of 1970 and all rules And regalamom issued pursuant ferto. Revised 03f2010