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HomeMy WebLinkAbout536973 HIGHLINE FENCING - PURCHASE ORDER - 9142722Fort Collins PURCHASE ORDER PO Number Page 9142722 loft This number must appear on all invoices, packing sli s and labels. Date: 05/14/2014 Vendor: 536973 Ship To: NATURAL AREAS HIGHLINE FENCING CITY OF FORT COLLINS 4000 N OVERLAND TRAIL 1745 Hoffman Mill Road LAPORTE CO 80535 FORT COLLINS CO 80522 Delivery Date: 05/13/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Brannigan fencing 1 LOT LS 16,000.00 PER TERMS AND CONDITIONS OF BID 7611 AND AGREEMENT DATED 5-13-2014 2 Bernard Phase 1 1 LOT LS 20,000.00 3 Bernard Phase II 1 LOT LS 40,566.00 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. COMMERCIAIL DETAHS. ' Tax exemptions. By staturothe City of Fort Callias is attempt team stateand local mu. Our Exemption Number is 11.NONWAIVER. 98414502. Federal Excise Tax Exempton Certificate of Registry 84fi000587 is mgwome, with the Collator of Failure of the Purchaser to inset upon strict Pafomuoce of the aura and coeditions hereof, Ail. ce delay to Informal Revenue Danvn, Colorado (Ref Colanado Revised Statute 1993. Chapter, 39-26, 114 (a). exercise any rights or ranNies provided haem or by law, holm to premptly andly the Seger is the event of a bench, the acceptance ofar payment far Beads bneandn or approval of the design, shall not release the Sella of Gonda Raj acted. GOODS REJECTED due to failure to men apeci6cetions, either when shipped or due to defect of my of the warranties or obligations of this purchase order and shall not be damcd a waiver of any right of to damage in transit, may be renal to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or my of its rights or mnaliea a er my modsgoods, regardless inswctions from the City ofFmt Collins. of when shipped, received or occupied, as to my prim or subsequent default hemanda, nor shall my Imported anal modification or rescission of this purchase order by the Purchaser opma u a waiver of my of the terms Impeni.r. GOODS am subject to the City of Fart Collins iwpeedo. an arrival. hereof. Final Acceptance. Receipt of the ma dlamtha, smim or ac tipmant in ruponse to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAMS. auWmired payment on the port of the City of Fort Collins. Hansom, it is to be understand that FINAL Seller and the Purchaser recognise that in actual economic practice, overcharges resulting from mtimsst ACCEPTANCE is dependantupon completion of all applicable required impation procedures. violations are in fact home by the Purchaser. Theretofore, for good muse and as consideration for exemfing this purchase order, the Sellu hereby assigns to the Purchaser any and all claim it may now have m hereafter Freight Tema. Shipments most he F.O.B., City of Fort Collins, 700 Wood St, Fort Callim, CO 80522, unless bur aural under federal or data ammust laws far such omcbro ex relating to the particular goods or services otherwise specified oa this order. If permission is given to prepay ficigbt and charge sepadaaly, to original freight purchased m m,meal by me Purchasapanumt to this Purchase ender. bill must mcomnanv invoice. Additional chances for ackina will nal accmtad. Shipment Distance. Where manufmturm have didawating points in varioos pats of the cuurdry, shipment is expected from the rlUfesI distribution point to dntirarim, and men freight will he deducted Sam Invoice when shipments are code from grata distance. Fermin. Seller shall promo at seilm sole cast all necessary pecans, certificates and liccuses required by all applicable laws, reguimions, ordinances and males of the sae, municipality, contrary cur political mbdwisim whom the work is performed, or required by any other duly contributed public authority havingju victim over the work of vendor. Seller fmM1er agrees to hold the City of Fort Collins handless from and against all liability and loss incurnal by than by reason of an assisted or established violation of any such lows, regulations, ordinances, mla and regoirensem. Authorization. AIL parties to this contract agree that the representatives arc, in fact bone fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order esponsly limits emptance to 6e mall and conditions crated herein set forth and my supplementary, or additional ¢run and conditions armcxed hereto or incorporated herein by reference. Any additional or different toms and conditions proposal by seller ere objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complex shipment to arrive on your promised delivery date as noted Time is of the essence. Delivery and performance must ba affected within the time austral on the purchase order and the dommants attached bertha. No sets of the Purchasers including, without limitation, acceptance of partial late dclwains, shell operate as a waiver of this provision. In the evens ofmy 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 ¢ball at be liable far drawcar as a remit of delays due a causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofncgligenca, such acts ofGod, acts of civil or military authorities, governmental pdadtiw, fins, strikes, Rood, epidemics, wan or riots provided Nat notice of the conditions causing such delay is given to the Purchaser within Live (5) days of the time when the Seiler first received knowledge thereof. In the event of my such delay, the date of delivery shall be extended for the period equal m the Brae scbually lost by reason c fthe delay. 3. WARRANTY. The Seller warrants Out all goods, mncla, marmot and work covered by this me, will met. with applicable drawings, specifications, amply mdror other descriptions give, will be fit for the parWsa intended, and performed with the bigbm degree of care and competence in acc nelson with accepted ma dards for war of a indilar suture The Seller agrees to hold the purchaser hemrlus from my Icax damage or expense which the Purchaser my suff cur incur on account of the Sellers breach ofwamny. The Seller shall replete, repair or make good, without cost m the purchaser, my defects or faults arising wi6ia ooe (1) year or within such larger period of from as my be pmeribcd by law a by the term ofmy applicable warranty provided by the Sella after the date of mcepimce of the goods f nnisbad bereander (acceptance not to be ummbrably delayed), resulting from imperfect or defective work done or mmrials finnthad by the Seller. Acceptance or use of goods by the Purchaser shall not mandate a waiver of my claim most this warranty. Except as otherwise provided H this purchase order, the Sellers liability hereunder, shall extend to all damages proximately caused by the breach of my of the foregoing warranties or guarantees, but such liability shall in as event include loss of pmfin or loss ofuse. NO IMPLIED WARRANTY OR MERCIIANTAI LITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Punchoser may make changes m legal firms by written change order. 5. CHANGES IN COMhBECIA1, TERMS. The Purchaser may make any change to the term, o6er than legal toms, indicating additions to or deletim s from the quantitia originally ordered in the spaificafioda or drawings, by verbal or written change order. If any such change aifat to amount due or the time ofperfomnmce hereunder, an tradable adjustment shall be made. 6. TERMINATIONS. The Purchaser my at my time by written change order, b rmimrs this agrem cat as to my or all portiona of the goods then at shipped, subject to my equnable adjustment berwem the panic as la any work a.'meta then in progren provided that the Pa¢M1asu shall mat be liable far any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or comequemial damages, and that no such adjustment be code in favor of the Seller with respect to my goods which arc the Sellers standard stack. No such temnination shall believe the Purchaser or the Sella ofmy aftheir obliga dens as to my goods delivered haemder. y. CLAIMS FOR ADTUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. B. COMPLIANCE WITH LAW. The Seller wamnts that all goads sold hereunder shall have been produced, to, delivered and famished in strict compliance with all applicable laws and regulations to which Re goods are subject. The Seller shall execute and deliver such dammmn as maybe reauired to effector evidence compliance. All laws and reguladom required lobe Incorporated is agreement of his character arc hereby m orpomad herein by this reference. The Sella agrees to indemnify and hold the Purchaser lumrlws fmm all costs and damages su@red by the Purchaser os a ..It of Nc Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall auig, dnnsibr, or convoy this order, a my monies due or W become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller woman full, clear and ttmesoicted fi0e to the Purchaser for all equipment materials, and item furnished I. performance of this agreement free and clear of any and all liens, restrictions, beservatims, security interest encumbruncu and claims ofothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. IfNe Purchaser dirres the Sella to correct mnconformsg a defensive goods by a date to be agreed upon by the Purchaser and the Seller, aW the Sella thereafter indicates is mobility or nowillingnm to comply, the Purchaser may aose 6e war W be perfomal by the most expeditioos nteaw available 0 it, and the Seller shall pay all now associated with such work. The Seller shall release the Purchaser and in conbactoss of my tier from all liability and claim of my nature resulting from the performance ofsueh work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees of such parry. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is palmon l or used to be perforated by the Pmcbacen 14. PATENTS. Whenever the Seller is required to use my design, device, materiel or pracess covered by letter, patent, trademark or copyright the Seller shall indemnify and save handless the Purchaser form my and all claim for infringement by mama of the use of such patrnle l design, device, material or Dram in C..series with the contract and shall wde rmly, the Purchaser for my cost, expense or damage which it my he obliged m pay by reaon ofsueh infringement at any time during the pmeewcon or after the completion of the work. In sex said equipment, or my pan thereof or the intended use of the goods, is in such suit held to constione infringement and the use of said equipment or part is enjoined, the Sella shall, at in own expense and at it option, either praure for the Purchaser the right to continue wing said equipment or part, replan the same with substantially equal but mrdnfn'nging equipment, or modify it so it becomes ruminfringm, 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make as wat,woom for me benefit of creditor, appmw a receiver or trustee for any of the Sellers property or bwinaa 6n order may forthwith be canceled by me Purchaser without liability. 16. GOVERNING JAW. The deffnisim oftcrms used or the irter,rvthsion of0tc agsemrat and 6e right of all parties bramdershall be construed ands and gavemed by the laws of the Stam ofCcload.,USA. The following Additional Conditions apply only or rasa where the Sella is to perform work hereunder, including the services ofSAm Represenudve(s), an che premises ofoNm. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's awn risk and to more is fidly cmnple al and accepted, and shall, he rase of my accident common. or injury to the work aadbr matcriala before Seller's final a mpletion and acceptance, complete the work at Seller's own expense and In the satisfaction of the Pumhuer. When materials and equipment am famished by others for iatallation or abec6on by the Sella, the Sella shall receive, unload, store and handle same st 6e site end became responsible therefor as though such materials anNar equipment were being fiunished by the Sella under the order. I B. MSURANCE. The Sella shall, at his own expense, provide far the payment of workers compensation, including occupational disease benefits, to its employees employed on or in morection with the work covered by this purchase onto, and/or to faeh dependents in accordance with the laws of the state 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 manes with bodily injury and death limits of at lest $300,050 for my one person, $500,000 for my cridat and propery damage limit per accident of 540K),000. The Seller shall likewr a require his condemn, if co , ha pmvide fen such c mn,ma.fim and insurance. Before my of the Sellers or his comacton employees shall do any work upon the premises of others, the Seller shall fiunlsh the Purchaser with a can Franc chat such compensation and insurance have ban provided Such certificates shall specify the date when such compensation and insumce have ban provided Such certiRrafa shall specify the date when such compensation and inswmce expires. The Selina agrees fast such compenaation and insurance shall he maintained unfit after the can. war is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ass ran the entire responsibility aad liability fen my and ell damage, loss cur injury ofmy kind or nature whasouer to pamor or property caused by or resulting from the execution ofthe work provided for in this pan has order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers ofrcm, alma and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of my act action, neglect omission or default on the pan of the Seller, my of his contractors, or any of the Sellers or contractors officers, agents or employees. In use any suit or o6er proceedings shall be brought against the Purchaser, or in officm, agents or employees at any fen on account or by consent of any act, action, neglect, omission or default of the Sella of my of his contndors or my of in or their officers, agents or mplWas m aforessid, me Sella hereby agrees to assume the defense thereof and m defend the same at the Sellers own expense, to pay my and all rots, charge, attorneys fees and other cxpcoset my and all judgments chat my be incurred by or obtained against the Purchaer or any of is or their offrccrs, agents or employees in such suits at rater proceedings, and be was judgment or other lien be placed upon or obtained against the propnty of the Peachaser, or said parties is or as; a result ofsueh ruin or other proceedings, the Sella will at oncu cruse the same to be dissolved and discharged by giving board or mherwise. The Seller and his condemn shall take all safety, precessions, f "sh and install all guard; measary for the pmwnfm of accidents, comply with all laws saw regulations with regard to afery including, but without limitation, the Occupational Safety and Hcaith Act of 1990 and all dales and regulation issued pmuant chereto. Revised 03=10