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HomeMy WebLinkAbout476316 BEDROCK LLC - PURCHASE ORDER - 9145072PO PURCHASE ORDER 914507er Page CI�/ of PURCHASE 45072 1 of 2 M t Collins( hisnumber must appear V "' t on all invoices, packing sli s and labels. Date: 09/03/2014 Vendor: 476316 Ship To: PARK MAINTENANCE BEDROCK LLC CITY OF FORT COLLINS 6564 N COUNTY ROAD 11C 413 S BRYAN LOVELAND CO 80538 FORT COLLINS CO 80521 Delivery Date: 09/03/2014 Buver: JOHN STEPHEN Note Line Description Quantity UOM Unit Price Extended Ordered Price 1 EWF Playground Conversion 1 LOT LS 14,891.00 per proposal number SP082714vlmn dated 8-27-14 Total $14,891.00 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 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 I. COMMERCIAL DETAILS. Tax exemptions. By,lame the City of Fan Collins u exempt from site and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-WO0587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sutures 1973, Chapter 39-26, 114 Of Good Rejected. GOODS REJECTED due to failure as men specification, either when shipped or due to defects of damage in transit, may be reamed to you for colt and arc not to he replace) except upon receipt of written instructions from the City of Fort Collins. Inperinau GOODS arc subject to the City of Fan Collins inspection an will. Final Acceptance. Receipt of the merchandise, services or equipment in rapone to this order can result in authorized payment on the pan of the City of Foot Collins. However, it is to be understood that FINAL ACCEPTANCE is drpardmn upon completion ofall applicable required inspection pmcedwes. Freight Terms. Shipments most be FO.B., City of Fort Collins, 700 Woad St., pan Collins, CO 80522, unless otherwise specified on this order If permission is given to pap y freight and charge separately, the original freight bill all accompany invoice. Additional charges for packing will not b, accepted. Shipment Distance. Where manufacturers have distributing points in vat us pans of the country, shipment is expected from the marts[ danlbutlon paint to destruction, and excess freight will be deducted from Invoice what shipments we male from greater distance. Permit. Seller shall procure an sellers to cost all necessary permits, cenifates and licenses nocturnal by all applicable was, regulations, ordinances and ales of the state, municipality, lemtary or political subdivision where the work is perforated, or required by any other duly constituted public authority having jurisdiction over the work of serum. Seller further agrees to hold the City of Ton Collins harmless from and against all liability and loss snittarred by them by reason of on asserted or established violation of any such laws, regulations, ordinances, ales requirement. Authorization. All putties w this contact a,— that the repmsenutives arc, in fret, bow fide and possess NII led complete authority m bind said ponies. LIMITATION OF TERMS. This Purchase Or expressly limit acceptance to the terms and conditions stated hernia set forth and any supplementary or additional terms and conditions wnexed hereto or incorporated herein by re@mow. Any additional or di Ream inns and conditions proposed by seller are objected Ira sad hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyot c.—of make complete shipment an arfive on your pm ndwd delivery doe as nand Time is of the essence. Delivery and performance must he erected within the time scared on the purchase order and the documents awched hacre. No act of the Purchasers including, without limitation, acceptance oriental late deliveries, shall opiate s a waiver i f this provision. In the event army delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Si liable far damages. However, the Seller shall not b, liable Ibr damages as a reach of delays due to causes not presentably foreseeable which are beyond it reasonable control and without its fault of negligence, such act of Gad, act aided or military anthordles, governmental prior ies, fires, strikes, flood, epidemics, wars or riots provided that notice affirm condition causing such delay is given In the Purchaser within five (5) days of the time when the Seller first rmcived knowledge thereof In the event of any such delay, the da, ofdelivery shall be extended for the period equal to the time vewelly lost by reason of the delay. 3. WARRANTY. The Seller warrant that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples maker other descriptions given, will be fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar rude. The Seller agrees to hold the pumhser hmonless from any lass, damage or expense which the purchaser nay suffer m incur on account of the Sellers breach ofwmmnty. The Seller shall replare, repair or make good, without cast to the purchaser, any defect or fault arising within one (1) year or within such longer period of time us may be prescribed by law or by the oral of coy applicable warranty provided by the Sella after Ns. Jae of acceptance of the goods 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 goods by the Pumhaxer shall not oustitute a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shop extend to all damages Insouciantly caused by the breach of any of the foregoing warranties or gwantas, but such liability shall in no event include lass of profit or loss 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 terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal teats, including additions to or deletions from the quantities originally ordered in the specifications or dawinp, by verbal or written change order. It any such change affect the amount due or the time ofperfarmaem hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change mace, to miwle this agreement ass to any or all paAir. of the goods then not shipped, subject to any equitable adjustment between the parties as to any wad or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profils an the uncompleted portion of the goods and/or work, for incidental or consequential shortages, and that nu such adjustment he rude in favor of the Seller with respect to any goods which arc the Sellers standard stock. No such mrminaion shall relieve the purchaser or the Seller ofany of their aWhgolons az w any good delivered hereamkr. T CLAIMS FOR ADJUSTMENT. Any claim for adjustment most For asserted within thirty, (30) days from the dam the change or termination is radical. S COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been promised, sold, delivered and famished in strict compliance with all applicable laws and regulations in which the goods are subject. The Seller shall execute and deliver such document w may be required to effect or evidence compliance. All laws and regulations required to be incoryoated in agreement of this character are nearby invocational herein by this refe ence. The Sella agrem to indemnify and held the Purchaser humless tram all ass and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall ,sign, transfer, or convey this order, or any monies due or to became due hereunder without the prior wntle r consent of the other party. 10. TITLE. The Sella warrants full, clew and unrestricted life to the Purchaser for all equipment. matenals, and items famished in perform ce of this agreement, free and clear of any and all lien, restriction, reservation, security women encumbrances and claims of others. 11. NONWAIVER. Failure of the Purchwer to imist upon strict performance of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, me acceptance of or payment fro good hereunder or approval argon, design, shall not release the Sella of any of the warranties or obligation of this purchase maker and shall act to, deemed a waiver of any fight of the purchaser to insist upon strict performance hereof or may of its rights or remedies u to any such good, regardless of whm shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported and modification or rescission of this purchase order by the Purchaser operate us e waiver of any of the tam¢ have[. 12. ASSIGNMENT OF ANTIT RUST CLAIMS. Sella crud the Pmchma magnice in., in icnul accnamic practice, oachorges resulting Bom woman violation are in fact bone by the purchaser. Theretofore, for good screw add m crosidemtion for executing this purchase ardm the Seller hereby assign to the Purchaser any and all claims it may now have or hereafter acquired under federal or sum antitrust laws for such overcharges relating to the radiant goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe franchiser direct the Seller to correct nonconforming or defective goods by a dam to be agreed upon by the Purchaser and the Sella and the Seller thereafter indicates its inability or unwillingnessto comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all coots msociaed with such it. The Seller shall release the Purchaser and its contractors of any Tier from all liabiliry and claims of any wane resulting farm the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, drivers and employees ofsuch parry. The Sellers mntmcmal obligations. including waraanty, shall son be, dapped to be reduced, in any way, because such work is performed ar caused w be pefifrmand by the Purchaser. 14. PATENTS, Whenever the Seller is rquired to we any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify, and save harmless the Purchser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cos, expense or damage which it may be obliged to Pay by reason of such impingement an any time dufing the prosecution or after the completion of the woo. In cats said equipment, m any part therrof or the wlended use of nice goods, is in such suit held to constitute infringement and the tau of said equipment or pan is enjoined, the Seller shall, at it awn expense and at its option either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially qwl but noninfringing equipment, or modify it so it becomes tmninfdnging. 15. INSOLVENCY. If the Seller shall become insolvent or handcraft, make an postponed for the benefit of creditors, appoint a or name for any of the Sellers pmpeny or business, this am,, may forthwith be carceled by the financier without liability. 16. GOVERNING LAW. Tice definitions fterms used or the incorporation of the agreement and the right of all patties hereunder shall be consorted under and governed by the Laws of the State ofColnmdo, USA. The following Additional Condition apply only in cases where the Sella is w perform work hemuncla, including file services of Sellers Reprosentatiecks), on the promises, cinders. __ 12. SELLERS RESPONSIBILITY. The Seiler shall carry on said walk at Sellers own ask until the same is fully completed and accepted, and shall, in ere of any accident, destruction or injury to the work author materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purohasa. When materials and equipment are Pomished by others for installation or criterion by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such malenals smaller equipment were being f iabed by the Seller older the order. 18. INSURANCE. The Seller shall, at his own expense, provide far the payment of workers compensation, including occupational disease benefit, to it employees employed on or in connection with the work covered by this purchase order, ardor to their dependents in accordance with the laws of the state in which the work is to be done. The Sella shall also carry comprehmtve general liability Including. but of limited to. contractual and automobile public liability insurance with bodily injury and death limits tarot lest $30K,000 for my one person, $500,000 for any one accident aM property damage limit per accident of Schiff,". The Seller shall hkewine require his convacmrs, if my, 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 human the Purchaser with m certificate that such compemation anal insurance have been provided. Such comfimtes shall specify the date when such comprnmtiou and insurance have ban provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire responsibilily and liability for any aM all damage, loss or injury ofary kind r nature whatsoever to persons or property eased by or reulting form the execution of Bat work presided for in this purchae order or in counce ion herewith. The Seller will indemnify and hold harmless the Purchaser and any or ell of the Purchasers officers, agent and employees Bom 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 Is, put or subject by reason of any act, action, neglect, omission or default on the No of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In wse any suit or other proceedings shall be brought against he purchaser, or its officers, agent or employees at any time on account or by reason of any act, action, neglect. omission err default of the Seller of any of his contractors or any of is or their al elm. agent or employees as aforesaid, the Seller Irereby agrees to assume the defense thereof card to defend the same fit the Sellers own expense, to pay any and all cods, charges, ancroM foes mad other expenses, any and all judgment that may be incurred by or obtained against the Purchaser or any of is or their officers, agents or employees in such suit or other proceedings, and in case judgment or other lira be placed upon or obtained against the property cribs Purchaser, or said parties in of as a result of such suits or other proceedings, the Sella will at once cause the same w be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety, precautions, famish and Install all gaad n vent for the prevention of accidents, comply with all laws ad regulation with regard to safety including, but without limitation, the Owupatiowl Safety and Health Act of 1970 and all rules work regulations issued pursuaat borrow. Revised 07n014