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HomeMy WebLinkAbout116805 BOX ELDER DITCH CO - PURCHASE ORDER - 9142511Fort Collins Date: 05/0512014 Vendor: 116805 BOX ELDER DITCH CO C/O ROSANNA HARRIS 730 ASH MESA RD DELTA CO 81416 PURCHASE ORDER PO Number Page 9142511 1o12 This number must appear on all invoices, packing slips and labels. Ship To: NATURAL AREAS CITY OF FORT COLLINS 1745 Hoffman Mill Road FORT COLLINS CO 80522 Delivery Date: 05/05/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Pedestrian Bridge - legal fees 1 LOT LS 1,500.00 2 Pedestrian Bridge - crossing 1 LOT LS 4,000.00 3 Pipe Culvert - legal fees 1 LOT LS 1,500.00 4 Pipe Culvert - crossing fee 1 LOT LS 3,000.00 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 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. Taxexemptiom. By statute the City ofFon Collins isevemptfrom statcanA Instal taxes. Om Exemption Numbed, 11, NONWAIVER. 9g-04502. Federal Esciu Tax Cxemplion Cmiftcate of Registry 89-6000582 is red o-al with the Collator of Failure of the Pumhasa W insist upon strict performance of the It. anal conditions hared[ failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Resised Sumlw 1973, Chapter 39.26, 114 (a), exercise any rights at remedies provided herein or bylaw, failure b promptly family the Sella in the event of a breach, the acceptance o(or payment for goods hereunder or appmval ofthe design, shall not release the Sella of Good Rejaled, GOODS REJECTED due to failure to meet specifications, either when shipped Or due b defects of any Of the warranties err obligations of this purchase order and shall not be deemed a waiver of any right ofthe damage in transit, may be rammed to you for credit and are not b be replaced except upon receipt of writers purchaser to insist upon slna performance hcrcofor any of its rights or comedies u to any such goods, regardless inetmclums from the City of Fan Collins. of when shipped, raeived or accepted, as to any prior or subsequent default heeunder, nor shall any pwponced oral modification or revision of this purchase order by the Purchaser operate at a waiver of any of the ktms Induction. GOODS are subject b the City of Fort Collins pupation on arrival, lommE Final Acceptance. Receipt of the memhandiu, services r equipment in response to this order can esult in authorized payment on the pit of the City of ran Collins. However, it is to Is, understood that r FINAL ACCEPTANCE is dependent upon completion elf all applicable required inspection procedures. Freight Terns. Shipments must be E.O.B., City of Fort Collins, 90K) Wood St., Fort Collins, CO 80522, unless otherwise specified tin this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for Packing will not he accepted. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Purchaser recognize that in actual economic practice, overcharges resulting from mtmost violations are in fact home by the Purchaser. TherMfare I., goad taus, and as consideration for executing this purchase order, the Seller hereby anigus to the Purchaser any and all claims it may now have or hereafter acquired under federal or state council laws for such overcharges relating to the particular goods or services; Purchased or acquired by the Purchase, pursuant m this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATI ONS. Shipment Distance, Where mnufacturers have distributing pointa in varmas pans of the country, shipment is Ifthe Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the expected from the nwrat disuibutinn point to deslusitum, and excess freight will be deduned from Invoice when Purchzar and the Seller, and the Sella thereafter indicates its inability or unwillingness to comply. the Purchaser shipments are made from gamer distance. may cause the work to be pafdrrod by the most expeditious means available to it, and Jr. Seller shall pay all casts assaciatcd with such work. Permits. Seller shall procure at sellers sole cost all na., permits, cenificata and litmus required by all applicable laws, regulations, ordinances and mles of the state, municipality, territory, or political subdivision where the work is performed, or required by any other duly cotutimted public authority having jurisdiction over the work of vendor. Sell,, further agrees to hold the City of Far Collins M1annlecs Gom and against all liability and loss informal by them by reason of an asserted or established violation of any such laws, regulations, ordinnances, roles and obbintmens. Authorisation. All parties to this contract agree that the reprammoves art, in fact, born fide and possess full and complete authonry to bind said panic. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set foal and any supplementary or additional arms add conditions annexed hereto or incmpoated herein by reference Any additional or different terns and conditions proposed by seller are capital to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive ou your promised delivery date as noted. Time is ofthe essence. Delivery and performance most be eeemed within the time staled on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, 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 of placing 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 are beyond its reasonable control and without ice fault of negligence, such acts fGod, acts of civil ar military authorities, govemmenul priories fire,, slakes, Bond, epidemics, wars or rims provided that notice of the conditions causing such delay is given b the Purchaser within five (5) days of the time when the Sella firs) received knowledge thermf. 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 d,hy. 3. WARRANTY. The Seller warrants that all good, articles, matenals and work covered by this order will confirm with applicable drawings, specifications, samples ardor Other descriptions given, will be, fit for the paryoses intended, and Performed with the highest deduce of cart and competence in accordance with accepted standard for work of a similar nature. The Seller .grew to hold the purchaser hannlees from any loss, damage or experts, which the Purchaser may suffer or incur m account ofthe Sellers breach of warmty. The Seller shall replace, repair or make good without cost to the purchaser, any defects or faults ansing within one (1) Year or within such longer period of time as may b, prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance ofthe goods fumished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use elf gaods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except u mherwiu provided in this purchase order, the Seller liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such habit try shall in no event include loss of profits Or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. G..CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terns by wnnen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the spmifica mov or drawings, by verbal or wrinm change order. If any such change affects the amount due or Be came of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at my lime by wrinet clung, Order, manic. this agreement as On any or all pommas of the gaud then drat shipped, subject to my equitable adjustment between du parties as b any work or criminal, then in Protracts provided that the Purchaser shall not be liable for any claims for mriciWted profs on the uncompleted ,onion ofthe goads anNor work, for incidental or consequential damaged. and that do such adjustment be made in favor of the Sella with respect W my goods which are the Sellers standard stock. No such lamination shall tersest, the Purchaef or the Seller ofmy often obligations as many goods delivered hereunder. - A CLAIMS FOR ADJUSTMENT. must Any claim for adjustment must be asserted within Ihiny, (10) Jays from the rime the change or te,mimtion is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, del Infrared and fuhed in strict compliance w th all applicable laws inj fiigulationy ter'vOuch th4 g d, are imb,off The Seiler hall exame and deliver such documents as may be regoliq'b effect If evidence 5ommilence. All law' and regular ohs retained to be incorporated in agreements orihis h rg15r hQ eby bramovorsted Lucian by This eckrcncc The Seller agrees to indemnify and hold the po h a hanndsa'f o ill erns and d irgas suffixed by the Purchaser as a result ofthe Sellers failure to comply with nth law".::- 9. ASSIGNMENT. Ncith pertly hall Haig 4 f mmey thip order, m any ninnies due Orb become due hereunderwithout the priofwnnait cbaum of Be other party.: 10, TITLE. s r The Selltt mmags full, clacr and Jyeafeted title to the Purchaser fat all equipment, mabnals, and items fished in 4oa xn,e Of this agrtemem, free sed clear of any and all he., restrictions, resm'ations, security interest ancanbrances and claims of othersty The Seller shall release the Purchaser and its contractors of any tin Gam all liability and claims of any nmpe resulting from the performance ofswh work. This seleau shall apply even in the event of fault of negligence of du party released and shall existed to thc directors, offirers and empbsyas of such party. The Sellefs contactual obligations, including wamanry, shall not h darned to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. Iq. PATENTS. Whatever the Sella is required to use any design, device, maim d or process covered by late,. patent, o- idem ork or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infn-ngement by reason of the use of such patented design, device, material or process 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 of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, Or any pan thereof or the intended use of the Goods, is in such suit held to constitute infringement and the one of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either private for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes mainfn'nging. IS. INSOLVENCY. If the Seller shall become iruolvem or barfrt, make an acsignmenl for the bef fit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by Be Purchaser without liability. 16. GOVERNING LAW. The definitions of teem card or the imeryraction ofthe agreement and the nglus ofall parties hefunder shall be, commrrd under and governed by the laws ofthe Some of'Coloado, USA. The following Additional Conditions apply Only in cases where the Seller is to perform work hereands, mduding the smices of Sellers Repreuntativgs), av the premises a(othcrs. ❑. SELLERS RESPONSIBILITY. The Seller shall carryon said work at Settees man nsk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work candor materials before Sellers final completion and cccptance, complete the work at Shcces own expense and m the safisfanion of the Purchaser. When mmmals and egdi,d em are furnished by others for installation Or ,action by the Seller, the Seller shall receive, unload, more and handle same at the site and become responsible therefor as though such materials and/or equipment were being burnished by the Seller under the order. I8. INSURANCE. The Seller shall, at his own expense, provide faille payment of workers compensation, including occupational disease benefits, to is employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the mute in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S3randa d for any one Person, S500,0o0 for any one accident and property damage limit per accident of S400,000. The Seller Shull likewise mute his if my, to provide for such campassmon and incurence. Before any of We Sellers in his contranOrs emplayms shall do any work upon the premises of others, the Seller shall famish the Purchases with a anifirate that such compensation and mot ance have been provided. Such certificates shall specify the date when such compensation said insurance have been provided. Such case fcates shall specify the date when such compensation and trummove expire. The Sege agdca that such compensation and insurance mail be maintained unfit after the .if. work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Shctt hereby assumes the mtirt rapamibiliry and liability for any and all damage, loss or injury of any kind OT suture wharamser to persons or property annual by or resulting from the execution office work provided for in this purchase order or in connection herewith. The Sella will indemnify aM hold harmless the Purchaser and my r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damaga. charges or expenses, whether direct or indirect, and whether W persons or property to which the Purchaser may be put or subject by reason of my act, action, deglmr, omission or default on the pert of the Seller, my of his comracbra, or any of the Seller, or smuacours officers, agens or employees. In eau my .it or other proceedings h II be brought against 'I the Purchava, or its officers, agents or employees at any time on aals m, or by reason of any act, action, neglect, omission or default of the Seller Of any of his a ntTectms or any of its or their olTcca, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all cosy, charges, aftomeys fees and other expenses, any and all judgments that may be incurred by or Obtained against the Purchaser or my of its or their officers. agents or employees in such suits Or other proceedings, and in case judgment or other It= be placed upon or obtained against the propmy ofthe Panducia, or said patties al Or ss a result of such scous or other Pmmedicup, the Seller will at Once cause the same to be, disq.1val and dimloo exi by giving Sued or wheravide. The Seller anal his contractors shall uke all safety precautions, f ish and insult all guard namanry for the pr,semims of accidents, comply with all lass and regulaiona with regard to safety including, but withom limitation, the Ca upariOrul Safety and Health Act of 1970 and all rules and regulmor s issued pq yuwwt thereto. Revised 032010