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Home My WebLink About459545 HOMELAND FENCE - PURCHASE ORDER - 9143746�FFort Collins Date: 07/02/2014 Vendor: 459545 HOMELAND FENCE 6204 JACKPINE DR BELLVUE CO 80512 PURCHASE ORDERPO 914374er Page 143746 tofz This number must appear on all invoices, packing sli i and labels. Ship To: TRANSPORTATION PLANNING & 281 NORTH COLLEGE 1101211111111110144aI�[.YKaI:91wZ1! Delivery Date: 07/01/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Installation of Bike Racks 1 LOT LS PER INVOICE NUMBER #30 DATED 6-27-14 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 9,260.00 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. - Tax exemptions. By statute the City of Fort Collins is exempt from slate and local taxes. Our Exemption Number is I I. NONWAIVER. 98 04502. F s eral Excise Tax Exemption Centurions of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser an insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue Denver, Colorado (Ref. Colorado Revisal Somme 1993, Chapter 39-26, 114 of exercise any rights or remedies provided herein or by law, failure to promptly notify me Seller in the event of a breach, the acceptance of or payment for Goods hereunder or approval of the design, shall not release the Seller of Goods R jcited, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase offer and shall not be deemed a waiver of any fight of the damage in transit, may be returned to you far credit and are not s be rapinced except span receipt of written Purchaser to insist upon shict performance hereof or any of its rights or remedies in; to any such goads, regardless instructions from the City of Fort Collins. of when shipped, received or aeeeprd, as m any Enos or subsequent dery ill bmeunder, nor sbull any p.,.Nd oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise seresponse or equipment in to this order can result in 12. ASSIGNMP.NI OF ANTITRUST CLAIMS. authorized payment oa the prat of the City of Eon Collins However, it is to be understood that FINAL Seller and the Purchaser recognize that is as.[ ee is practice, o achu ses remntlm, from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedure, violations are in Get home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchare order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms Shipments must be P.O.B., City of Fort Collins, 900 Wood Sc, Fort Callus, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services caterers, specified on this order. Upermission is given to Facpoy freight and charge separately, the anginal freight purchased or required by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where aranuammon, have dlsmbutm, points in varims pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall passage at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the sale, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor_ Seller forth, now. s hold the City of Fort Collins hirml .. from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Anthoa¢atmn. All panics to this summer agree that the representatives are, in Get, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS This Purchase Order explax ly limits acceptance to the terms and conditions stated herein set Each and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or difrercnr terns and enditians proposed by sells am objected to and hereby id,sted. 2. DELIVERY. PLEASE ADVISE PURCHASMG AGENT immediutely if you cannot make complete shipment to ,rive on your promised delivery date a noted. Time is of the essence. Delivery and performance must be effected within the time stated oa the purchase order rind the daemons x attached hereto. No acts of the Purchasers including, without lineitatior, acceptance of partial late deliveries, shall operate as a waiver of this provision In the event of any delay, the Purchaser shall ]I., in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Sella 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 as fault of negligenes, such aces of God, is of civil or military authorities, governmental priorities fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Pmchaser within five (5) days of the time when the Seller final received knowledge thereof. fit the event of any such delay, the dale of delivery shall be extended for the period equal to the time vcrunlly lost by moson ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform wish applicable drawings, specifications samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards her work of a -similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of waranty. 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 peed of time as may be permitted by law or by the terns of any appal icable warranty provided by the Seller after me date of acceptance of the goods fbmishd fiereunder (acceptance not to be unreasonably delayed), moulting from contemner or defective work done or materials fumishd by the Seller. Acceptance or use of goods by the Purchaser shall not mmdurte a waiver of any claim under this wgmnry. 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 ......meet, but such liability shall in no event include loss of profs or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchasermay make changes to legal terns by worm change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal term,, including additions It or deletions from the quantities originally ordered in the specifications or drawings by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made 6. TERMINATIONS. The Purchaser may at any time by written change order, wan to this agreement as to any or all ponlaa of the goods then not shipped, subject to any cquiable adjustment between the panics as to any work or nationals then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the gaols and/or work, for incidental or consequential damages, and that no such adjustment be made in aver of she Seller with respell to any goads which are the Sellers standard stack. No such temtinvtion shall mhose the Puchaer a, he Seller of any of their obligations as m any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within Uimry (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller want that all goads sold hereunder, shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effector evidence compliance. All laws and regulations required to be incorporated in agreements of this character am hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamless from all costs and damages suffered by the Purchaser as o result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither may shall assign, transfer, or convey this order, or any monies due or to became due hereunder without he prior wrinen torment of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all cn ipmedt, materials, and rams fumishd irs performance of this agreement, Gee and clear of any and all liens, restrictions, reservations, sector, interest eneunmmerss and claims ofothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller o correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Sella, and the Seller rhareaRer indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all cosh ima.6med wish such work. The Seller shall release the Patches, and its cantrachrs of any tier from all liability and claims of any mrurc reaching Gom the performance ofsuch at This release shall apply on in the error of fault of negligence of the parry released and shall extend to the directors, oRcers and employees of such party. The Seller's conrncaal obluganam, including watrenry, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchases. 14, PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such practiced 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 oblige to pay by reason of soon inGngement at any time during the prosecution or alter the completion of the work. In case said equipment, or any pan thereof or the intended use of the goads, is in such suit held to constitute infringement and the use of said equipment or pan is Mound, the Seller shall, at its want expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfn'nging equipment, or modify it so it becomes noninfnnging. 15. INSOLVENCY. If the Seller shall become insolvent or hankmpt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation of the agreement and the fights of all parties hereunder shall be corstmed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in where he Seller is to perforwork hereunder, including the services of Sellers Repromandive(s), on the factories perform work ofarbers. 17. SELLERS RESPONSIBILITY. The Seller shall carry, on said work at Sellers own risk until the same is fully completed and am, d, and shall, in e of any accident, destruction or injury to the work enamor materials before Sellers final completion and cer,m rm, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are hundred by others for installation or erection by the Seller, the Seller shall receive, an ard, store and handle mine at the site and become responsible therefor as though such materials and/or equipment were being fumishd by the Seller under the order. Is. INSURANCE, The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefit, to its employees employed on or in connection with the work covered by this purchase order, and/or m their 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, commercial and automobile public liability insurance with bodily injury and death limits of at least $3W,000 for any one person, $50QM10 for any one accident and property damage ],toil per accident of S400,000. The Seller shall likewise require his ontcadurs, if any, to provide for men 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 Purchaser with a certificate flat such compensation and asu.noe have been provided. Such cri ificam, shall specify the dam when such compensation and insurance have been provided. Such cenificares shall specify, the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be malnaind unlit her the entire work Is completed add nceepred. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seiler hereby assumes the entire responsibility and liability for any and all damage, loss or injury army kind or nature whatsoever to Persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agents and employees from and against any and all claim, losses, damage, charges or expenses, whether direct or indirect, and whether to persons or property a which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other Proceedings shall be brought against the Purchase, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, 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 costs, charges, attorneys 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 property of the Purchaser, or said parties in or as a result of meh parts or other proceeding, the Seller will at once cause the same to be dissolved and discharged by giving bond car otherwise. The Seller and his contractors shall take all safety precautions, fmish and install all guards necessary for the prevention of accident, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all sales and regulations issued pursuant hereto. Revised 03I2010