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HomeMy WebLinkAbout520136 COMANCHE CREEK - PURCHASE ORDER - 9142964Fort of Date: 05/27/2014 Vendor: 520136 COMANCHE CREEK 15525 HWY 86 KIOWA CO 80117 PURCHASE ORDER PO Number Page 9142964 1101`2 This number must appear on all invoices, packing sli s and labels. Ship To: NATURAL AREAS CITY OF FORT COLLINS 1745 Hoffman Mill Road FORT COLLINS CO 80522 Delivery Date: 05/27/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price i Mgmt of Prairie Dog Colonies 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 1 LOT LS 11,382.50 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PuTmhase Order Terrns and Conditions Page 2 of 2 1. COMMERC1ALDEfAI1S. Tax exemptions. by statute the City effort Collins is exempt form state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. FMeral Exe¢e Tax Exemption Cenlficam of Registry P 6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms aM conditions hereof, failure or delay to Internal Revenue. Denser, Colorado (Ref Colorado Raised Smdules 1973, Chapter 39-26, 114 (a). eeemise any rights or remedies provided herein or by low, failure to gra n tlY notify the Seller in the event of a breach, the acceptance ofor payment far goods hepeuMer or a,Ms.] of the design, shall net release the Seller of Good Rejected. GOODS REJECTED due to failure or meet specifications, either when shipped or due in defmk of any of the warranties or obligations of this purchase order and shall no[ be devoted a waiver of any right of the damage in transit, may fee resumed to you for credit end are na, to be replaced exeam upon receipt of wnpen pumhaserto '-is' upon stria palinnaau haeofor my of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereuMer, nor shall coy puryoned oral modification or reaisslon of this purchase order by the Purchaser operate as a waiver of any of the temp Inspection. GOODS are subject to the City of Fan Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order an result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Pon Collins, However, it is to be understood thatFINAL Sella and the Purchaser recognize that in acting aromatic npractice, o erchorges resulting to.. un itrid ACCEPTANCE is dependent upon completion ofall applicable required inspectionprocedures. violations arc in fact home by the Purchaser. Thmadmie,far good muse and as considemtinn for executing this purchase order, the Sella hereby assigns to the Pumhaer any and all claims it may now have or hcreaRer Freight Tents. Shipments must be F.O.B., City of Fon Collins, 700 Wood St., Fon Collies, CO 80522. unless acquired under federal or sure antitrust laws for such ovemharga Mating to the particular goods or services mherw'ise aparifted oa this baler. Brain .... no is given a prep y freight and charge separately, the original freight purchased or acquired by the Purchuer pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where marambrare s have nonbinding points in carries pans of the country, shipment is expected firm the nearest dhuibution point to destination, and excess freight will he deducled form Invoice when shipment, am made form Plater diamee. boards. Sella shall procure at sellers sale cost all nommary permits, certificates and gigue requid by all applicable laws, regulations, ordinances and rules of the slam, municipality, territory or political subdivision where the work is performed, or retained by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Pan Collin harmless man and against all liability and lass incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Amhonlalio a All parties to this comma agree that the representatives are. in fact, bona fide and posses full and nmplem amhonty to bind said parries. LIMI LA I TON OF TERMS. This Purchase Order aprend, limits ameplunce to the germs and conditian stated herein set I'onh and any supplementary or adbumal terms and candinims annexed hereto or malformed herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if ym cannot make complete shipment to once on your Focused delivery doe ss odd. Time is of the esme. Del,ery and par ance must IN a@eted within the time sited on the pumhae order and the documents machad harem. No acts of be Purchasers including, without limitatios. acceptance afpromid tare deliveries, shall operate w a waiver of this provismar, In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the optio artificial, this order elsewhere and holding the Seller liable for damages. However, the Seller shall and be liable for damages as a road, of delays due to causes not reasonably f neseeable which are beyond its reasauble connol and without its fault ofnegligence, such ass orGaL pros ofervil or mduary armori is,, eovemmevtal p..fines, fires. makes, Roof, epidemies. wars or now provided that price Of the condition caning each delay is given to the bummer within eve (5) days of the time when the Seller first received knowledge therm[ In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by person of the delay. 3. WARRANTY. The Seller warrams that all goods, articles, materials and work covered by this order will cartoon with applicable drawings, spacilimtimi , samples and/or Other descnptitins given, will be fit for the puryosa intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser hamtlas from any loss, damage or expense which the Purchaser may sue-er or incur on account of the Sellers breach of warranty. The Seller shag replace, repair or make good, without cost to the purchase, any defects or faults arising within one (1) year or within such longer penal of time n may be mesenbed by law or by be tents of any applicable warmly provided by the Seller after be date of acceptance of the goad famished hereunder (acceptance not m he uurasowbly delpyed), resnlfing Wm imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by be romhastt shall not corwitme a waiver army of. under cars woponry. Exempt as otherwise provided in this purchase order, the Sellers ].ability hereunder shall extend to all damages pmxineamly caused by the beach of any of the foregoing wmmnlia or gnamnams, but such liability shall in no event include lase of proek or loss ofae. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaer may make changes to legal tens by wrinen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal tents, including additions to or deletions from the gmmities originally capped in the specifications or drawings, by verbal or written change order. If any such ebange affects the amount due or the time of performance hereunder, an aluimble abrasion., shall be made. 6. TERMINATIONS. The Puodsoor may at any time by written change We,, tenttinwe this agreement as 1. any Or all pcore. Of the good then not shipped, subject many equitable adjustment between fie parties as to any work or mamnuls then in ,m,mw provided that the Purchase, dull not be liable for any claims for anticip m d profile on the uncompleted Portion of the good and/or work, for incidental or consequential damages, add that an such adjustment l e nude in favor of the Seller with raper to my bonds which arc the Seller, smndaal stork. No such mammon. shall ranee the Tambora or the Seller crony oftheir obligations as to any goods delivered heremder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most b, asserted within thirty (30) drys from be date be change or temtiaation is coherent. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunda shall have been produced, sold, delivered and fmished in snip compliance with all applicable laws and regulation to which the goods am subject The Seller shall mecum and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a resull of the Sellers failure to comply coif stroh law. 9. ASSIGNMENT. Neither Parry shall assign, manfe, or convey this order, or any monies due or to become due hereunder without the prior written consent ofthe other perry. 10. TITLE. The Seller warrants full, clan and unrestriaed,ide m me Punchaur for all equipment, ma[abis, and items forward in pert ance of this agreement free and char of any ad all liens, resthctioas, reservation, security moment encumbrances ad claims o f or iva. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller m correct nonconforming or defective good by a date to Inc agreed upon by the Purchaser and the Seller, and the Seller therea0er indicates its inability, to umvilliagness to campy, the Purchaser nor muse the work m he parf rrmN by the moil expedi ious means available to it, and the Sella shall pay all costs associated with such work. The Seller shall release the Purchaser and Its contractors of any tier from all liability and claims of coy nature reselling woo the perfmmpnce orsuch work. This Odense shall apply even in the event of fault of negligence or the party released and shall extend In the directors, officers and employees of such party. The Settees contractual obligations, including warranty, shall not be deemed to be, reduced, in any way, because such work is perforated or caused to he raramal by the Purchaser. 14. PAT'ENTS. Whenever the Seller is ra cord to use any design, device, cnterial or process roved by leua, parent, trademark or copyright, the Seller shall indemnify and save lu m gas the Purchaser from any and at l claims for infringement by reason or the use of such patented design, device, material or process in connection with the commet, and shall indemnify the Pumhmu for any coil. arena or damage which it may Ise obliged to pay by reason of such infringement at any lime during the prosec own or aner the completion of the work. In case said equipmand, or any pan deeper or the intended ere of the gaols, is in such suit held to compimte infringement and the the of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to ronlinue using said equipment or pans, replan the tome with substantially equal bar noninGnging equipment, or mndify it so it berme noniafringing. 15. INSOLVENCY. If fie Serer shall become insolvent or badmpd, make na assigmnenr for the benefit of creditors, appoint a receiver a tmsom for any or the Sellers property or business, this orda may foMwif h canceled by the Purchaser without Mobility. 16. GOVERNING LAW. The definitions of tenas used .,,he interpretation of the agreement and the rights ofall ponies hereunder shall be construed under and ovented by the laws mra, Slate of Corrado, USA. The following Additional Condition apply only in cases where the Seller is in perform work hereunder, including the services of Sellers Repowentative(s), on the premises of others. 11. SELLERS RESPONSIBILITY. The Sella stall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in u of any accident destruction or injury to the work and/or ramerials before Sellers I.] completion and ccepunce, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipmmd are f rmuchen by others for installation or erection by the Sella, the Seller shall receive, unload, sort and handle same at the site and become raponible therefor as the t such manuals andlar eq.i,.n, were being f uhed by the Seller under die order. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers Compensation, including Occupational disease to nefu, to its employees employed on or in connection coif the work coved by this purchase order, undor to their dependents in accordance with the laws of the state in which the work is to Be dune. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily factory ;and death limits of at least S300,000 for any one person, S51MMID for any tine accident and propery damage limit per accident Of 5400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Producer coif a ceni finite that such compensation and insurance have been provided. Such oniurines shall many the date when such compensation and improve have been provided. Such certificates shall specify be date when such compensation and insurance expires. The Seller agree that such compewtion and insurance shall be maintained until after the entire work is completed and award. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby essuma the entire raponibilityaM liability far any and all damage. loss m injuryof any kind thwretuwho maer uppermost or property mused by a resulting fmm be execution of me work provided for in is purchase paler m in connection herewith. The Seller will iMemrnh and hold harmless the Pomhaser and any r all of the Purchasers oRicers, a,.. aM mmplayces from and again, any and all claims, losses, damages, charges or expanses, whether direct or indirect, and whether to persons or pmpeny to which the Purchaser may Is, put or subject by reason of any =I, action, neglect, omission or default on the pan of the Sella, any of his onlmctors, or any of the Sellers or contacmrs officers, agents in employees. In eau any suit or other proceedings shall be brought against the Purchat or its officers, agents or employees at any time on account or by m rsan army act, action, neglect, omission or default of the Seller army of his coutmcrors or any arm or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at be Sellers own expense, to pay any and all cask, charges, ammeys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser 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 pmpMy of the Purchaser, or said ponies in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or ofefwlse. The Seller and but contractors shall take all safety praautions, famish and inull ill guards necessary for be prevention of accidents, comply with all laws and regulation with regard to safety including, but without limitation, the Computiowl Safety and Health Act of 1970 and all rules and regulation issued pursuant 0rompa. Raised 03,2010