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HomeMy WebLinkAbout541055 SOUTH PLATTE WETLANDS - PURCHASE ORDER - 9144883Fort Collins Date: 08/22/2014 Vendor: 541055 SOUTH PLATTE WETLANDS 11910 RIVERDALE RD BRIGHTON CO 80602 PURCHASE ORDER PO Number Page 9144883 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: CLRS ADMINISTRATION CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 08/21/2014 Buver: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price t Wetland Credit Fossil Creek Trl Underpass @ Trilby Rd Wetland Mitigation Bank from Middle South Platt River wetland bank per email dated August 11 2014. 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.wm 1 LOT LS 27,000.00 $27 Pay terms net 30 days 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute File City of roan Collins is exempt from state and local taxes. Our Exemption Number is 11. NON WAIVER. 1 98-04502. Federal Excise Tax Exemption Cendica, of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict serformarace of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smarr, 1973, Chapter 39-26, 114 F.F. ex ass ise any righs or remedies provided firmn or by law, failure to promptly notify the Sella in File event of a breach, the acceptance of or payment for goods hereunder or approval ofdax design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure no men specifications, either when shipped or due to defects of MY of flax warranties or obligations of this pumbau older and shall not he dinned a waiver of any right of the damage in haeai4 may he returned to you for credit and art not to be replaced except upon prompt of woven purchaser to insist upon stdct performance hereofor any ofits rights or remedies res to any such goods, regardless instructions from the City of Fon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase maker by the Purchaser operate as a waiver of any of the terms Inspection, GOODS are subject o the City of Fan Collins inspection on arrival, bereof. Filed Acceptance. Receipt of the merchandise, services or equipment in maperse to this order can result in Ed. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment oa me pat of the City of run Collin. However, it is to be understood that FINAL Seller and the Purchaser recognise that in moral economic practice, overcharges resuhing form antitrust ACCEPTANCE is dependent upon completion of all applicable ¢quird inspection procedures. violation are OF fact blame by the Purchaser. Theretofore, for good eau¢ and OF consideration for executing this purchase alder, me Seller hereby assigns to the Purchaser any and all claims it may now have m hereafter Freight Tema. Shipments all be KO B., City of Far Collins, IN Wood SL, Fon Collins, CO 80522, unless acquired under federal or aarm antip nt laws for such overcharges misting to the particular goods or services otherwise specified on this order. [I million is given to prepay freight and charge separately, the original freight purchased m acquired by the Purchaser parsuant to this purchase Oder. hit mno acen nax-s invmce. Additional chores, far nackine will not be accented. Shipment Distance, Where manufacturers have distributing Points in various pars of the country, shipment is expected from the maresr distribution point to destruction, and excess freight will be defrosted from Invoice when shipments are made from greater docance. Penis. Seller shall procure at sellers sole cast ell accessary penis, certificates and licenses occuircd by all applicable Laws, regulations, ordinances and tales of the rune, rianue eddy, territory or valairal subdivision where the work is performed, or required by any other duly constituted public authority hzvingjmodiclian over the work of vendor. Seller further agrees In hold the City of Fan Collins hamiless from and annual all liability and loss cured by them by mason of an selected or established violation of any such laws, regulations, ordinances, rules and mr,maeomme, Alabamians, All panics to this contract agree that dre representative are, in fact, from fide and pasuss full and omplete..,badly to bind said panics. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the tens and conditions said herein set forth and any supplementary or additional tens and conditions annexed hereto or incorporated herein by reference. Any additional or ditlerml tens and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if ye, cannot make complete shipment to active on your promised delivery data to noted. lime is argue esseme. Delivery and pelf inure rant be effemed within he time smtd on the purchase maker and the documents marched hereto. No acts of the Purchasers including, without limitation, accaptance of partial Irate deliveries, shall mpemte as a waiver ofthis prevision. In the event of any delay, the Purchaser shall have, in addition to other legal and cuitahle remedies, the option of placing this order elsewhere and holding the Seller liable for demagas. However, the Seller shall not be liable for damages n a result of delays due to causes not reasonably foreseeable which are beyond is reasonable control and without its fault of negligence, such ins ofGod, acts of civil or military amhodrirs, governmental priorities, fires, strikes, flood, epidemics, wars or ..is provided that nmice of the condition caning such delay is given to he Practical, within five (5) days of the rime when the Seller first receival knowldge hereof. In the ,at of any such delay, the dam of delivery shall be extended for the peried equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and walk covered by this order will conform with applicable drawings, specifications, samples matter other descriptions given, will be fit for the proposal intended, and paformd with the nierwar degree or care and complence in accordavice with transpired standards for work of . similar whim The Seller agrees to hold he pmchaver naFmleas (tam any loss, damage m expense which the Purcltaser may suffer or incur on moount of the Sellers breach of wmrwnry. The Seller shall replace, repair or make good, without cost to the punchier, any defects or faults arising within one (1) year or within such longer poid of time as may be prescribed by law err by the min¢ of any applicable waranry provided by the Seller afire Ina date of acceptance of the Small furnished hereunder (acceptance not to be unmawnably delayed), resulting from imperfect or defctive work done or materials fumishd by he Seller. Acceptance or use of good by he Purchaser shall not constime a waiver of any claim under this warranty. Except as otherwise provided in his purchase order, he Sellers liability hereunder shall extern to damages proximately caused by gue breach of may of the foregoing warranties or guamnres, but such liability shall in no event include loss of profits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes la legal o nos by written change order 5. CHANGES IN COMMERCIAL TERMS. The purchaser may make any changes to the norms, Other than legal temu, including addition to or deletions (tam the quantities originally ordered in the specification or drawings, by cartel err Opium change oaks. If any such change aff s the amount due or he time ofperf ce hereunder, an equitable adjarmem shall be made. 6. TERMINATIONS. The Purchaser only at any time by written change order, terminate this agreement as to any or all portions of the goods hen nut shipped, subject to any equitable ins rancent between he panics as to any work or material, 'he. in progress provided that the Purchaser shall not be liable for any claims for salicipsted profits on the uncompleted portion true goods ad/or work, for incidental or crnwquential damages, and that no such edjntment be nude in favor of the Seller with respect to any good which art the Sellers sandal stock. No such termination shall relieve the Purchaser or he Seller of any of Nci, obligations es to any good delivered hereundn. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or tomirenion is ordered. 8. COMPLIANCE WITH LAW. The Seller warrans that all good sold hereunder shall have been produced, sold, delivered said fumkhd In strict compliance with all applicable laws and regulations OF which he goods are subjeel. The Seller dull execute and deliver such documents as may be nryuired) to effect or evidence compliance. All laws and regulation merited to be, ncorpommd in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all calls and damages suffered by the Purchaser a a result of the Sellers failure to comply with such law. - 9. ASSIGNMENT. Ndflu, party shall assign, trenfar, or canary this aides, or any movies due or to became due hereunder without the prior written consent argue after pang. 10, TITLE, The Seller ...all full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in prafonance of this agreement, free and clear of any and all lien, restrictions, reservations, security interest encumbrance and claims of others. 13. PU SET IASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correm nonconforming or defective goods by a date to be agreed upon by the Purchaser and me Seller, and the Seller dome ,, imicates its inability OF wwillingness to comply, the Purchaser may cause he work b be performed by the most expeditious means mailable OF it, and the Seller Shull pay all eosU aysocimed wins such work. The Seller shall release the Purchaser and its contactors of any tier fiom all liability and claims of any nature resulting tram the performance of such 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 ofsuch Ferny. The Satires cmtmmuol abligahon, including wananly, shall not te deerod so be reduced, in say way, hacanse such walk is performed or caused ro be perfoned by the Purchaser. 14. PATENTS. Whenever the Seller is requital to use any design device, material ur process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save hanlecs the Purchaser from any and all claims for infringement by reason of he use of such pmrnmd design, device, mmerial or process in connection with the contract, am shall indemnify he Purchaser for any crap, expense or drawn, which it may be obliged to pay by reason of such infrinSerne d at any time during the pmserution or after the completion of the work. In ,rose said equipment, or any pan thereof or the intended use of the goods, is in such suit held In constitute infringement and the use of said equipment or For is enjoined, the Seller shall, at its awn expense and m is option, either procure for the Purchaser the right to continue using said equipment or p.n.s, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfn'nging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an houposem for the benefit or enedimrs, appoint a or hassle for y of the Sellers property or business, his oaks may forthwith he canceled by the u c Ptan Purchaser without liability. 16. GOVERNING LAW. The definiliens of lens Fixed or the multiplication of the agreement and lie rights of all parties hereunder shall be ex atrued under and governed by the laws of the Sam ofC.I mdo, USA. The following Additional Conditions apply only in cases where the Seller is b pother work hereunder, including the sm'ices of Sellers Represemative(s), on the premises of ohers. IZ SELLERS RESPONSIBILITY. The Seller shall cart' on laid work at Seller's own risk until the same is fully completed and acceptd, and shall, in se of any accident, destruction or injury to the work and/or rwmrials before Seller's final completion and acceptance, complete the work at Sellers own expense and in the satisfaction of me Purchaser. When materials and equipment see fnmishcd by others for installation or section by he Seller, the Seller shall receive, unload. store and handle Same at the site am become responsible therefor as though such matenals combat equipment were being furtished by the Seller ands he older. 18. INSURANCE. The Seller shall, at his own expense, provido far the payment efwmkies compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase OF and/or to their dependens in accordance with the laws of he 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 insurance will, bodily fall, and death limits Of. least SDOEW for any lam peril. SSW." for any arm incident and property damage limit per accident of S4o0,o00. The Seller shall Iikewkw require his contractors, if any, to provide for such compensation and insurance. Before may of the Sellers or his contractors employers shall der any work upon the premises of other, he Seller shall furnish the Purchaser with a cedficate thin such comparisons. and insurance have been provided. Such cenificmes shall specify the date when such compensation and insurance have been provided Such camficams shall specify he date when such compensation and insurance expires. The Seller agrees that such compensation and inurunre shall he maintained will ORer the entire work is completed and accepted. 19. PROTF.CfION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes he entire responsibility and liability fin any and all damage. loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the a,,c.Hnn of the work provided for in this purchase order or in connection hrrewith. The Seller will indemnify and hold handles the Purchaser and any or all of the Purchasers officers, agents 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 any tat action, neglect omission or default on the pan of he Sella, any of his com acmm or any of the Sellers or contractors officers, agents or employees. In caw any suit or other proceedings shall he brought against File Purchaser, or its officers, agents or employees at any time on account or by m mil of any act action, neglsl, omission or default of the Seller of any of his contractors or any of is or their officers, agents or employees as aforesaid, he Seller hereby agrees to assume the defense fleeof and to defend he same at the Sellers awn expense, to pay any and all costs, charges, amom,ys fees and outer, expenses, any and all judgments hat may be inverted by or obtained agaial the Purchaser or any of its or their officers, agents or employes in such suits or oher proceedings, and in case judgment or other lien be placed .pan or obtained against he Foolery of the Puchawr, or said parties in or as a result ofsuch suits or other proceedings, the Seller will at lame cauw he same to be diswlvd and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precaution, famish and install all guard necessary for the prevention of sccidems, comply with all laws and regulation with regard to aafety including, bur without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursnnt thereto. Revised 000014