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HomeMy WebLinkAbout454406 BIOHABITATS INC - PURCHASE ORDER - 9126176Fort Collins Date: 05/29/2014 Vendor: 454406 BIOHABITATS INC 2081 CLIPPER PARK RD BALTIMORE MD 21211 PURCHASE ORDER PO Number Page 9126176 1of2 This number must appear on all invoices, packing slips and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 05/28/2014 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price 3 ENGINEERING SERVICES WO #MT21112 WETLAND MONITORING 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.mm 1 LOT EA 62.65 Total $62.65 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terris and Conditions Page 2 of 2 1. COMMERCIALDEFAILS. Tax amp... By statute the City effort Collins is exempt from suite and local oxn. Our Exemption Number is 11. NONWAIVER. 98-44502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is reganerM with the Collector, of Failure of the Purchaser to insist upon strict performance of We terms and conditions hecof. failure or delay to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Sututes 1973, Chapter 39-26,114 (a). exercise my rights or remedacs provided herein or by law, failure to promptly norify the Seller in the event of a breach, the acceptance afea Payment for goad hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to race specifications, cithen when shipped or due to defects of any of the wamanties or obligations of Was purchase art and shall ram he dinned a waiver of my night of the damage in .arch may be, returned to you for credit and are, not to be replaced except upon receipt of written purchaser to insist upon strict perfomnance hereofor any of au rights or remedies as to any such goods, regardless interactions from the City of Fort Collins. of when shipped, received or accepted, n an, my prior or subsequent &fault hereunder, nor shall any purported oral modification or rescission of this pmchau order by the Purchaser untrue as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inpection an arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response Ir Chas order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to la,understood thatFINAL Seller and the Purchaser recognize that i actual economic practice, o ¢hinges resulting fmantitrust ACCEPT ANCE is dependent upon completion of at l applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and m res consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tereus. Shipments must be P.O.B., City of Fan Collins, 700 Wood St, Fan Collins, CO 80522, ..)ess acquired under federal or sate antitrust laws for such overchvrgcs relating a the particular good or aervica otherwise sped lied oa this orderif permission as given to prepay freight vad charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill mast accompar, invoice. Additional charges for packing will car he aba ept¢I. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacturers have distributing points in various parts of the country, shipment is Iftbe Purchaser directs the Seller to corrat nonconforming or defective goods by a date to be agreed upon by the expected from ,he nearest distribution point a destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability in unwillingness to comply, the Purchaser shipments are made fmm printer distance. may cause the work to be Performed by the most expeditious ream available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall power, al sellers sole cast all necessary Remains, ttnifiwtes and licenses br urad by all applicable toast, mgulaton, ordinances and rules of the state, muateipdil , temtory or political subdivision where the work u Performed, or required by any other duly contimmd public authority having jurisdiction over the weak of vendor. Seller further agrees to hold We City of pan Collins homeless fmm and agant all liability and loss incurred by them by reason of an assured or established violation of any such laws, regulations, ordinances, roles arul requirements. Authorization. All ponies to this commuct agree that the representatives are, in bad, bona fide and possess full and complete authority to bind said parties. LIMH'ATIGN OF TERMS, This Purchase Order expressly limits acceptance to the tents and conditions suited herein at fond and any mR,labar ary or additional reams and conditions annexed hereto or irimrpara,ed herein by reference, Any additional or different terms and conditions proposed by seller are objected to and hereby ameansid, 2. DELIVERY. PLEASH ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery data as Rated. Time is of the essence. Delivery and parWmenee must be effected within the time stated on the purchase order and the documents anached hereto. No acts of the Purchasers including, without limimtian, accepmnce of pstarm late dalvmes, shall operate as . wawa of this provision. In the event of airy delay, the Purchaser shall have, in addition to other legal and equitable roaches, the option o'plaeng this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages m a result of delays due a cones not reasonably foreseeable which are beyond its reasonable control and witlem its fault of negligence, such acts of God, aim of rival or malaary anti nties, gmccomental ximifa, fires, stakes, Board, efulanc cs, wars or dots provided that m are of the condltaas cenang such delay is gaven to the Purchaser within five (5) days of the time when the Seller fen received knowledge thereof. 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 ofthe delay. 3. WARRANTY. The Seller warrants tut all goods, articles, materials and work covered by this order wall conform each applicable drawings, specifications, samples ankea other descriptions given, will be fit for the Formats 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 harmless from my loss, damage or expense which ,he Purchaser may suffer or incur on account of the Sellers breach of wurarnty. The Seller shall replace, repair or make good, without bast to the purchaser, any defects or faults arising within one (1) year or within such longer paned of time as may be Prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of eamence of the good famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of'rods by the Purchaser shall nut constitute a waiver ofany claim under this warranty. Except n otherwise provided in this purchase order, the Sellers liabal iry hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamachm or gmmntees, but such liability shall an no an, include loss of profits or Ins 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 women change order. 5. CHANGES IN C0MMERCIAL TERMS. The Purchaser may make any changes m case terms, odor than legal ems, including addition u or deletion from the quantities aragaually ordered in the spaaficariom or dmwings. by verbal or wrim change wader If any such change affects the amount due or the time ofprfornance hereunder, an equitable adjastment shall ba made. 6. TERMINATIONS. The Purchaser may at any time by women change order, terminate this agreement as to any or all ponaon of the goods then not shipped, subject to any equitable adjustment bedwan the panic, as to any work or nummins then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on We uncompleted portion of the good vnknr work, for Incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect o any good which are he Sellers standard stock. No such lermandioR shall relieve the Parch:uer or the Seller ofany offlair obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within Harry (30) days farm the date the change or temtinYmn is ordered. 8. COMPLIANCE WITH LAW. The Sella wanants Wat all goods sold heretnder shall have ban produced, said, delivered and famished in stria compliance with all applicable laws and regulation to which the good arc subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regdw on required ro he incorporated in agreement of His character are hereby incorporated herein by this reference. The Sella agrees to indemnify and hold the purchaser harmless farm all beets and damages suffered by the Purchaser as a result of fle Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall weigh, monsfer, or convey this aided. or my monies due or to became due hereunder without the 'nor wooer tonal of the other Party'. 10. TITLE. The Seller warrants full, clear and rnresmned tide to the Purchaser far.11 equipment, coaled.],, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interval encumbrances and claims of others. The Seller shall release We PurcM1amr and its contmem s of any tier farm all liability and claims of any nature ranking from the per6rmunce of such work. This release shall apply even in We event of fault of negligence of the party released and shall extend to the darecons, walkers and employees of such parry. The Sellers committal obligation, including vamany, sh II not be deemcl to be reduced, in any way, because such work is performed or corned In be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, malarial or process covered by letter, patent, trademark or atpyrigbt, the Seller shall indemnify and save harmless the Purchaser from any and al I claims for infringement by cum if ,he.se of such Formed design, device, material or pro connection with the contract, and shall in lancify the Purchaser for any cost, expense or damage which it nmy be obliged to pay by .can of such infringement at any time during the ameention or a0er the compldimt of the work. In case said equipment, ar any pan thereof or the intended use of We good, is in such suit held to constitute infringement and the use of said equipment of pan as equines, the Seller shall, st its oxn expense and at ins option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but nary nfringing equipment, or modify it so it becomes noninfringing. 15, INSOLVENCY. If the Seller shall become insolvent in bankrupt, make an imagination for the bimefit of credtors, appoint a baciver or conee far any of the Sellers property or business, this order may foahwiW be canceled by the Purchase without liability. 16. GOVERNING LAW. The definitions ofit. used or the interymatio a office agreement and the rights of all parties hereunder shill Ix comrred under and governed by the laws ofthe Suite of Colorado, USA. The following Additional Conditions apply only in cases where the Seller as to perform work hereunder, including the intake, fSeller, Represenmtive(s), oa the premise of.tha,a, 17. SELLERS RESPONSIBILITY. The Sala shall carry on said work at Seller's own ask until the same is fully completed and accepted, and shall, to u of any accident, destmatim or injury ,o the work and/or materials before Seller's final completion and acceptance, complete the work at Sellerts own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for armallatio t or erection by the Seller, We Seller shall reeeave, unload, store and handle same at the site and become responsible therefor res though such materials indium equipment were being famished by the Seller under the order. IS. INSURANCE. The Seller shall, at his oxn expense, pmvade for the payment of workers compensation, ancluding occupatioml disease benefits, no its employe¢ employed on or in connexion with the work covered by this purchase orda, maker to their dependents in accordance with the laws of the amen in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, con armand and automobile public liability ins umnce with bodily injury and death limits of. lent $30(1,00) far any ane person, 5500,00 r for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise requim his conductors, if any, to provide for such compewtaon and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of older, the Seller shall furnish the graduate, with a cenaficale that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided Such certificates shall specify the date whim such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained mail after the entire work is completed and aseepled. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or Property caused by or resulting from the execution of the work provided far in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Produeer and any r all of the Purchasers officers, named and employees from and againl any and all claims, losses, damages, charges or expenses, whether direct or mutual, and whether to persons or property to which the Pureh ccer may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any aches ontrectors, in my of the Sellers or contractors officers, agents or employees. In case my suit or other prooduslo s shall ba brought against the Purchaser, or its officers, agent in cmployses in uny time on account or by remain of any act, action, region, omission ea default of the Seller of ary of his contractors or my him or their officers, agents or employees as a( said, the Seller hereby agrees to assume We defense thereof and to defend the same n the Sellers oast expense, to pay my and all vacant, charges, armat fires and order expenses, my and all judgments Out may be incurred by or obtained against the Purchase or my of its or their officers, agents or employees in such suits ea other proceedings, and in case judgment or other lien be placed upon of obtained against Oe, popny of the purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will el ore cause the same or be dissolved and dischiniod by giving board or Otherwise. The Seller and his canrmetors shill take all safety precaution, f cuush and intall all guard Raessary for the intervention of accidents, comply with all laws and regulations with regard to safety including, but without Inhibition, the Occupational Safely and Health Ad of 1970 and all rules and egulation lamed pmmn, thereto. Revised 03R010