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HomeMy WebLinkAbout459545 HOMELAND FENCE (LESONDAK CONST) - PURCHASE ORDER - 9142186Fort Collins Date: 04/17/2014 PURCHASE ORDER Vendor: 459545 HOMELAND FENCE (LESONDAK CONST) 6204 JACKPINE DR BELLVUE CO 80512 PO Number Page 9142186 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 04/17/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Ordered Extended Price I INV 720 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.wm 1 LOT LS Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 rider Terms and Conditions Page 2 of 2 1. COMMERCW,DETADS. Tax exemption. By statue the City of Fort Collin is exempt man stem and local maces. Our Exemption Number k 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cenificam of Registry Rf-60o0587 is registered with the Collector of Failure of the pushuer to insist upon shier pelf enc a of the tense end condition hereof, failure or delay to 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 p tymmr for goods hereunder m approval ofthe design, shall not micae the Seller of Goods Rejected. GOODS REJECTED due to failure. meet specifications, either when shipped or due to Jefems of any of the warranties M obligations of this purchase order and shall rim be deemed a waiver of any right of the damage in transit, may be owned . you for credit and are not to be replaced except upon receipt of wnnen purchaserou insist upon strict performance hereofm any arms rights or amdies as to any such goads, regardless instructions fmm the City of Fon Collins. of when shipped, received or accepted, us to any prior or subsequent default hereunder, nor shall any pmported oml modification or rescission of this purchase order by the Purchaser opeme as a waiver of any of the men Inspection. GOODS are subject to the City of Fort Collin impntion on arrival, hereof. Final Acceptance. Receipt of the mechadise, senices or aluipmem in response .this order can mull in 12. ASSIGNMENT OF ANTITRUST CLAIMS. aulhOrred payment on the pan of the City of Fort Collin. However, it is to be understood that FINAL Seller and she Purchaser recognize that in octwl economic practice, overcharges nuking fmm antitrust ACCEPTANCE is depeMent upon completion ofall applicable rexuired inspection pmcmfida. violation are in final Th l hoe by the Purchase, eremfare, far good sue and as consideration for executing this purchase order, the Seller hereby ensign to the Purchaser tiny and all claims it may now have or hereafter Freight Terms. Shipments rant be F.O.B., City of Fret Collins, 700 Wood St, Fort Collin, CO 80522, unless acquired under fedeml or state aminnal laws for such overcharges relating . the particular good or services otherwise specified on this order. if permission is given to prepay freight ad charge sar ammly, the original freight purchased or acquird by the Purchases pursuanuo this purchase order. bill most accompany invoice. Additional charges for packing will not br accepted. If PURCHASERSPERFORMANCEOFS LLERSociamb OBLIGATIONS. twills the Shipment Dntthe.Whetemonutiontrtrs h1. lurch Per haser or Jefediy by . damllmsm. to beagree t doomicar,ngpoims, de dfromcounty, voice when expected Gans the nearest distribution poi. m Jarinmion, and excess freight soil ha deducted from Invoice when he Purchase, Purchaser and the Seller, and the Seller indicates in inability rt unwillingness to comply, he Purchaser andttheellerhe ,adthermcmreenoe,indirmies or ums diion sM1ipments are made from greater distance. may cause the work m be by most expeditions means available m it, and the Sella shall pay al y he ..a orfonmrJ casts associated with such work. Pertain. Seller shell pat sellers sole cast all necessary permits, cenifiwtes and licenses required by all applicable laws, regulation,tions. ordinances and rules ofthe sine, municipality, territory or political subdivision w The Seller shall release the Purchase act is contractors of any her fmm all liability and claims of any nature work the work is performed, or by any other duly public authority having jurisdiction over the work r nuking from the performance of such work. TO. Collinsed iones t City Coharmless from and against all liability and loss Sella fuller agree to hold d lbFon intoned by Them by season of an ussetcd or established violation of any such hxs, regulations, ordinances, rates in urred b O This relearn shall apply even in the event of faun of veglige er.of the party minimaland shall extend to lire ad requirements. directors, oRcers mud employees fsuch parry. Authorization. All parties to this contract agree that the representatives art, in fact, form fide and possess full and omplete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance .the rams and candid... stated herein set forth and any supplementary or additional arms and conditions annexed here. or incorporated heroin by reference. Any additional or different emus and condition proposed by seller art 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 most W effected within the time stated on the purchase order and the documents muchad hereto. No tons of the Purchasers including, without limitation, werepmnce of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, thr Porchnn shall have, in addition to other legal and aquhable remedies, the option ofpladng this order elsewhere and holding the Seller liable for damage. Howevia, the Seller shall .1 be liable for damages or a molt of delays due to causes not exasmably foreseeable which are beyond its reasonable tunnel and without in fault of negligence, such acts of God, acts ofcivil or military authorities governmental priorities, fins, strikes, Bod, epidemics, wars or dots provided that notice of the condition causing such delay is given m the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of my such delay, the date of delivery shall be extended for the period ryual to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specification, somple, mdor other description given, will M fit for the purposes intended, and performed with the highest degree of cart and competence in accordance with accepted standards fin work of a similar to The Seller agree to hold the pundaser formal. from any loss, dvrmge M expose which the Purchases may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser any defects or faults arising within one (1) year or within such longer Pend of time in; may be pmcribd by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (accepance not to be unreasonably dclayd), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver of any claim under this worday. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of prof a 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 wnden change order 5. CHANGES IN COMMERCIAL TERMS. The Purebner may make any changes I. the terns, other Nan legal morn, including addition to or deleion form the quantities originally ordered in the specification M drawings, by verbal M women change We, If My such change affects the smouft due or the time apportionment hereunder, an expiable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wren change order, terminate this agreement as to any or all portions of the .nods then not shipped, subject to any equimble 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 of the goods and/or work, for incidental or consequential damages, and 'hat no such djusrmmt be made in favor of the Seller with respect to any goods which are the Sellers sandand stock. No such termination shall relies: the Purchaser M the Seller of any of their obligation u to any good delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be manned within thirty (30) days fmm the time the change or termiation u ordered. S. COMPLIANCE WITH LAW. The Salle warrants Char all good sold Imitator, shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulation to which the good ate subject. The Seller shall execute and deliver such documents as may be required to effect in evidence compliance. All laws and regulations recurred m be incorporated in agneemenn of this charmer, ins hereby incommated herein by this reference. The Seller agrees to indemnify and hold the Purchaser htumless from all casts and damages suffered by the Purchases n a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry, shall assign, saddler, or convey this order, or any monies due or to became due hereunder without the prior w5uea consent ofthe other party. 10. TITLE. The Sella wamnn 11H, clear mud luuamded the bathe Purchaser for all rimpmmt, materials, and items fumuhd in performance of this agreement, free and clear of any and all lien, eviction, mervadon, memory interest encumbrances ad claims ofothmv The Sellers continental obligations, including warranty, shall not be deemed to he reduced, in any may, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, tademmk or copyright, the Seller shall indemnity and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or pmmm in connection with the contract, and shall Indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason fsuch infringement at any time during the pouramem or after the completion of the work. In case said equipment, M any pan thereof or the intended use of the good, is in such suit held to contima infingement and the sew of said cquipmrnl or pan is enjoind, the Seller shall, . its own ex,. and at its option, either procure for the Purchaser the right to continue using said equipment or Para, replan the same with substantially cxual but comminuting terminator, or modify it so it becomes noninGnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a raeiver or trusme for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition oftemu rid or the intermediation ofthe agreement and the fight of all parties hereunder shall be conbued under and governed by the laws ofthe Suite ofColordo, USA. The following Additional Conditions apply only in uses where the Seller is . Perform work hrmander, including the semen of Sell. Represenmlivids), on the premise af.ther, 17. SELLERS RESPONSIBILITY. The Seller shall canry on said work at Sellers awn disk writ the same is fully completed and accepted and shall, in case of any accident, datradion or injury to the work and/or mammals before Sellers fact] completion and acceptance, complete the work at Sellers own expense and to the satissetwo of the Purcbaer. When materials and ry.ip..t are famished by .,he. for inmllation M median by the Seiler, the Seller shall receive, unload, store and handle same at the site and become mponlble therefor u though such materials and/or ryuipment were being f isM1ed by the Seller under the order. IS. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compema don, including occupational disease benefits, to its employees employed on or to conned. with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work ls . be done. The Seller shall also carry comprehensive Reread liability including but not limited to, mnrtxmal and automobile public liability insurance with bodily injury and dnN limits of al leer S300,000 for any one person, 5500,0oo for any one accident act 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 bis contractors employees shall do any work upon the premise of others, the Seller shall furnish the Parclai with a certificate that such compensation and insurance have been provided. Such c rtinemes shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Sel In agrees that such compensation and insurance sM1all be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume the entire responsibility and liability for any and all damage, loss Or injury of any kind r nature whannver to person or property caused by Or resulting fmm the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold barmleu the Purchaser not any M all of the Purchase oRcers, agents and employes fiom and again. any and all claims, loses. damage, charges or expenses, whether direct or indirect, ad whether ta person m property to which the Parmhu n may br put or subject by mason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractor or any of the Sellers or contractors officers, agents or employ.. In case any suit or other proceedings shall be brought against the Purchuer, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission a, default of the Seller of any of his contractors or any of its or their officers, agents ar employees as aforesaid, the Seller hereby agues to assume the defense thereof and m defend the same at the Sellers own expense, to pay any and all cosh, charges, atmm yS fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchuser 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 purchaser, or said ponies in or n a mult of such ruin or other proceedings, Bic Seller will at once cause the same. be dissulvd and discharged by giving bad or otherwise. The Seller and his contractors shall take all safety precaution, finish and install all guards necessary fm the prevention of accidents, comply with all laws sad regulations with now fo safety including, bur without Indicator, the Occupational Safety ad Health Act of 1970 and all rude, and regulation issued pursuant thereto. Revised 03R010