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HomeMy WebLinkAbout102781 NEW MERCER DITCH CO - PURCHASE ORDER - 9142042Fort Collins Date: 04/10/2014 Vendor: 102781 NEW MERCER DITCH CO C/o ROSANNA HARRIS 730 ASH MESA RD DELTA CO 81416 PURCHASE ORDER PO Number Page 9142042 1012 This number must appear on all invoices, packing sli s and labels. Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS CO 80521 Delivery Date: 04/10/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Legal Fees for Agreement 1LOT LS 1,500.00 SOUTHRIDGE GOLF COURSE 2 Crossing Permit Fee 1 LOT LS 4,000.00 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 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDETAIIS. Tax exemptions. By stawne the City of Fort Calicos is exempt from state and local taxes. Our Exemption Number is I I. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cenificam of Registry 84-6000587 is registered with the Collector of Failure of the Pumbmer to insist upon strict performance of the tams and conditions hereof, failure or delay 10 Internal 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 ofor payment for goods hereunder or approval of the design, shall not elease the Seller of Goods Rejected. GOODS RD ECTED 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 it waiver of any right of the damage in trumit may be resumed to you for credit and are not to be replaced except upon receipt of w mm purchaser to insist upon strict performance hereof or any of its rights or remedies us to any such goods, regaMess instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hacunda, nor shill any pmponcd oral modifimtion or rewissio r of this purchase order by the Purchaser, operate ns a wailer of any of the tram Inspection. GOODS we subject o the City ofFon Collins imitation on mriwl. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in suspense to this order can main in 12. ASSIGNMENT OF ANTITRUST CLAIMS. awhodzed payment on the pan of the City of Fort Collins. However, it is to be wilerstrod Nat FINAL Seller and the Purchaser recognize that in canal economic practice, overcharges maulling from antitrust ACCEPTANCE is dependent upon completion ofall applicable required imposition tion procedures.ar violations e in fact home by the Purchaser. 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 or hereafter Freight Terms. Shipments toast be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or suite antitrust laws for such overcharges relating to the particular goods or services otherwise specified oa this water. lfpermission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges far packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have dihombding points in various pans of the country, shipment is Ifthe Purchaser dons. no Seller to cameo rmnconforming or defective goods by a&eefir be agreed upon by$e expected from the nearest distribution paint to destination and excess freight will W deducted from Invoice when Purchaser and the Sella, and rate Seller thereafter indicates its imbiliry or unwillingness to comply, the Porcbasa shipments are nestle from greater distance, may cause the work to be performed by the most expediflow means mailable to it. and Ne Seller shall pay all costs imall with such work. Permits. Seller shall procure at sellers to .1 all cranny permits, omifier es and lice. required by all applicable laws, regulations, ordinances and miles ofthe state, municipality, territory or political subdivision where The Sella shall release the Purchaser and its contractors of any tier from all liability and claims of my more the work is performed, or required by any other duly constituted public authority having jurisdiction over the work resulting from the performance ofsuch 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 assened or established violation of any such laws, regnLvions, ordinances, roles This release shall apply even in the event of fault of negligence of the patty released and shall extend to the and requirements directors, office, and employees msuch pan,. Authorization. All parties to this contract agree that me repaxamives are, in fact, bona fide and possess full and The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because complete authority to bind said panics. such work is performed or caused It be perfotmM by the Pura ass. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to $e is. and wrc itions screed herein set fond and any supplementary or additional mrns and conditions annexed herein or incorporated herein by reference. Any additional or different mum and conditions proposal by seller are objected to and hereby tapered- 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date m owed. Time is of the essence. Delivery and performance must be abated within the time stated on the purchase order and the documents attached hemm. No acm of the Purchasers including, without limitation, acceptance of paniad late deliveries, shall apemte as a naive, of this provision. In the event of fury delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Sella liable for damages. However, the Sella shall not be liable for damages re a result of delays due to muses not reasonably f catureable which are beyond its reasonable control and without its fault of negligence, such norm of Gad, acts fcivil or military awlw dN,, governmental priorities. Gres, strikes, Rood, epidemies, was or lives provided that notice of the conditions musing such delay is given to the Pumhua within fare (5) days of the time when the Sella fro received knowledge thereof. In the event ofany such delay, the date of delivery shall be extended for the period equal to the time aeonly lost by action of the delay. 3. WARRANTY. The Seller warrants that all goods, orioles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and perforated with the highest degree of care and competence in accordance with accepted mordants for work of a similar nature. The Sella agrees to hold the purchaser harmless from my lass, damage or expense which the Purchaser may satin er incur, oa account of the Sellers bench of warranty. The Sella shall raFlace, repair or make good, without net to the purchaser, my defect, or faults arising within one (1) year or within such longer period of rinse as nay be pnccribed by law or by Ne terms agony applicable warranty provided by the Seller alter the date of mceptmce of the goods famished hereunder (acceptance not to ba mueawwbly delayed), resulting from imperial or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Pmchuer shill not criminate a waiver of any claim under this warranty. Except as otherwise provided in Nis purchase oMeh the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wmnnums 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 SI TALL 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 rise work, other than legal morrow including additions 10 w deletions from the quantities originally ordered in the specifiwtiom or drawings, by vedral or written change order. If my such change affce, me amount due or the time of perfarmame hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as I. any or all potions of the goods then ram 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 ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor ofthe Seller with respect to my goods which are the Sellers standard stuck. No such lamination shall relieve the Pwchnser or the Seller infamy of their obligations as to my goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most s assened within thirty (30) days from the date the change or reconstruction is ordered. 8. COMPLIANCE WITH LAW, The Seller woments that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be requi d to effect or evidence compliance. All laws and regulations "rural tobe ncorpomm l in agreements of this character are hereby wronamed herein by this reference. The Seller agrees no indcmaify and hold the Purchaer harnleas from all cases and damages suffered by the Purchaser res a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither prom shall assign murder, or convey this order, or my monies due or to become due hereunder without the prior wrium consent ofthe other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, bee and claw of any and all liens, restrictions, reservations, security interest encumbrances and claims ofutbers. 14. PATENTS. Whenever the Seller is normal to use any design, device, material or process covered by letter, patrnt, wdereark r copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such parented design, device, marerial or process in connection with the contract, and shall indemnify the Purchase for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any part thereof or the intended use of the goods, is in such .it held m constitute termagant and the use of said equipment or pan is enjoined, the Seller shall, m its own expense and at its option, either procure for the Parchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it sat it becomes noninfnnglng 15. INSOLVENCY. If the Sella shall become insolvent a bertkmpt make an assignment for the benefit of creditors, appoint is muciver or trustee for any of the Scllm pruriency or business, this order may forthwith be connected by the Purchase, without liability. 16. GOVERNING TAW. The can ieions ofunn a used or he interpretation ofthe agreement and the rights of all parties hereunder shall be crammed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in uses where the Sella is to perform work heteunda, including the smim of Sellers Rep¢sentstimc s), on lie premises ofmhem IT. SELLERS RESPONSIBILITY. The Sella shall carry an said work at Sellers own risk until Ne same is fully completed nand aeented, and shall, in case of any accident, destruction a injury on the wad mNor .a .la before Sellers final completion and acceptance, complete the weak at Sellers own expense and m the satisfaction of the Pachsser. When materials and equipment are famished by others for installation or erection by the Seller, the Sella shall receive, wined, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Sella shall, at his can expense, provide for the payment of workers compensation, including occupational disease henries, b its employees employed an or in connection with the work covered by this purchase order, walla to their dependants in accordance with the laws of Ne sate in which the work is to be done. The Sella shall also carry comprehensive general liability including, but not limited to, contmclual and aulomobile public liability insurance with bodily injury and death limit of at least S300,WJ for any arc prawn, 550ktnn for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his cammarom, if any, to provide for such com,screarom and inue. Before my of the Sellers or his contractors employees shall do my work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such oeni cams shall specify the date when such ompenswion and insurance have been Provided. Such cer ificams shall specify the date when such compensation and insurance expires. The Seller agrees thin such comperswion and insurance shall be maintained until after the "tire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume rise entire mapontibiliry vM liability for my and all damage, loss car injury ofany kind or metre wbamamer to persons in property catacd by or mulling from the excmtion of the work presided for in this purchase order or in connection herewith. The Sella will indemnify and (told harmless Ne Purchaer and any or all of the Purchasers ofiicm, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether m persons or property to which Ne Purchaser may be put or subject by reason of any act, onion, neglect, omission or default on the pan ofthe Seller, my cries contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees an my 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 nr their officers. agents or employees m aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay my and all toss, charges, atlomeys fees and other expenses, any and all judgment, del may be incurred by ar obtained against the Purchaser or any of its in their officers, agents or employees is such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against de pmpeny ofthe Porthssm, or said parties in or as a result ofsuch suits or other pmxedings, the Sella will at once cause the same to be dissolved and discharged by Biting bond ar otherwise. The Sella and his contractors shall bde all safety generations, famish and install all intermix 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 thereto. Revised 0312010