Loading...
HomeMy WebLinkAbout473490 WILDLANDS RESTORATION VOLUNTEERS - PURCHASE ORDER - 9145129PO PURCHASE ORDER 914512er Page City of PURCHASE 9145129 ' of 2 t Collins! Ins! This number must appear ` v ` �7 on all invoices, packing sli s and labels. Date: 09/05/2014 Vendor: 473490 WILDLANDS RESTORATION VOLUNTEERS BOULDER OFFICE 3012 STERLING CIR #201 BOULDER CO 80301 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 09/05/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price POUDRE RIVER & SCREECH OWL 1 LOT LS 5,000.00 RESTORATION PROJECT 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 Total 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 exemption. Branum the City of Fort Collins is exempt from terra and local taxes. Om Exemption Number is 98-04502. F'aleral Excise Tax Exemption Cenifcaa of Registry M 6000587 ls mi isteral with the Collector of Internal Revenue, Drover, Colorado (ReE Colorado Resists Santora 1973, Chapter 39-36, 114 (a). Good Rejected, GOODS REJECTED due to failure to meet specific tiom, either when shipped or due to defects of damage in transit, may be rammed no you far credit and are not to be replaced except upon receipt of written instructions from the City of Fen Collins. Inspection. GOODS are subject to City of Fen Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, sconces or apuipment in respome, to this order am result in autbodmd paYmrn, on the pan of the City of Fen Collin. However, it is no be understood that FINAL ACCEPTANCE, is dependent upon completion of all applicable terminal inspection procedures. Freight Terms. Shipments must be F.O.B., City of pen Collins, 700 Wood Sr, Fort Collins, CO 80522, unless ofetwisc specified on this other. Upermission is given to prepay freight and char, separately, the original freight bill muss accompany invoice. Additional ch nga far packing will .1 be accepted. Shipment Distance. Where manufacturers have disbibming points in wiman pans of the cornrry, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipment, are rude from Printer disance. Permits. Seller shall p. at sellers sole cast all necessary pemtis, certificate and becoura repaired by all applicable laws, regulation, .chance. it islet of the share, municipality, tenitory or political subdivision when the work is performed, or perfumed by any other duly constituted public authonry having jurisdiction over the work of vendor. Seller number agree to hold the City of Fort Collins harmless from and against all liability and lass ed by them by reason of as amemed or established violation of any such laws, regulations, ordinariness, es, ones incurred ndrrequlremmrts. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and compinc authority to bind said panics. LIMITATION OF TERMS, This Pu¢haw Order expressly limits acceptanre to de tarps and conditions surd herein set forth and any supplementary or additional term and conditions armexed hmclo or uncommon] hevin by reference. Any additional or different ants unit emiditiam proposed by seller are objected to and hereby rejented. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immali.mly if you wound make complete shipment 1. move on your promised delivery dale as noted. Time ls argue essence. Delivery and programmes, mast be effected within the time stated on the purchase order and no documents attached herem. No acts of do Puphaxrs including, without limitation, acceptance of partial late deliveries, shall opeate as if waiver of this provision. In he a'm, of any delay, the Purchaser shall have, in addition to other legal and egninable remedies, the option of placing this coder elsewhere and holding the Seller liable for damages. However, the Seller shall not he liable for damages as a result of dclar, due to causes not reassembly foreseeable which are beyond its remouable control and without is fault of negligence, such acts of God, ants armed or military authorities, governmental priorities, fares, strikes, reed, epidemics, wall or nos provided roar nonce of the condemns causing such delay is given no the Purchaser within five (5) days of the time when the Seller first received knowledge hereof. In the ,at of any such delay, rue date of delivery shall be extended for the anwi initial fix the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants dial all Sand, auricles, materials and work covered by this order will conform with applicable drawings, specification, samples and/or other dacripfios given, will b, fit for the purposes intended, and pert al with the highest degree of rare and competence in accordance with accepted standard for work of a similar notate. The Seller agrees to held rate purehaser harmless from any has, damage or expense which the Purchaser may suf( or incur on accoent of the Sellers breach of wa,mnry. The Seller shall replace, repair or make good, without cost to the purchaser, any dePocts ar (oohs arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller a0e, the date of acceptance of the goods fumishal hereunder (acceptance not to be mammouably delayed), resulting from imperfect or defective work done or materials Extracted by the Seller. Acceptance or me of good by the Purchaser shall not coastirute a waiver of any claim maker this wvrraary. Except as whand. provided in this purchsse order, the Sellers liability hepunder shall estrad to all damages proximaely aced by the breach of any of doe foregoing wananties or guvarkno, but such liability shall in no an include lass of profits or lass of use. NO IMPLIED WARRANTY OR MERC14AWABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL PERMS. The Purchaser may make changes m legal terms by written change order. ' 5. CHANGES IN COMMERCIAL TERMS. The Purchasermay make any changes to the terms, other than legal reuses, including additionm s to or deletions fro the quantities originally ordered in the specifications or drawings, by verbal or written change order. It any such change affects the mount due ,, the rime of performance hereunder, on equitable adjustment shall be made. 6. TERMINATIONS. The puphmer may at any time by written change order, terminate this agramem m to my or all portion or the good then riot shipped subject Is any repairable adjustment hareem the patia m to any work or materials then in progms provided that me Purchaser shall not be liable for any claims for maintained profs on 0ic uncompleted portion of the goods andfer work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with import to any good which are the Seller, standard stock. No such termination shall relieve the Purchaser or the Seller of any oftheir obligations m to my good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be insetted within thirty (30) days fmm the date the change or termination is ordered. 8. COMPLIANCE Wll'H LAW. The Seller wmtats that all goods sold hereunder shall have been produced, sold, delivered and fumishal in strict compliance with all applicable laws and regulations to which the goods we subject. The Seller shall execute and deliver such documms as may he requited to effect or evidence compliance. All laws and regulatiom required to be ncoryoated in agvemens crisis chats ner . hereby womperated herein by this pfifi.. The Seller agmes ro indemnify and hold the Purchmer hamlets form all costs and damages suffered by the Purchaser m a result of doe Sellers failure to comply with such law. 9. ASSIGNMENT. Neither perry shall assign, mother, or convey this order, or any mania due or to become due hereunder without the prior wri om commit of the other party. 10. TITLE. The Seller warrants fall, clear and unrestricted title to the Puphser, Email equipment, maerials, nnd items fumished in performance of this agreement. Gee and clear of any and all liens, reslriditwo, nomad ars, security imam, rncumbmnces and claims of others. 11. NONWAIVER. Failure .f the Purchaser a most upon soft performance of the temp and conditiore hereof, failure or delay to examisse any rights or mordics provided herein or by law, failure an promptly, notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the warranties or obligations of this puchase order and shall not he deemed a waiver of any fight of the purchaser to insist upon strict performance hermfor any of its rights or remedies as to my such good, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported coal modification or rescission of this parchsse order by the Purchaser operate m a waiver of any of the terns hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser «cognize that in actual annewit pmetice, ovemhages resulting from antitwt violations ore in fact home by the Purchmer. Thcretofam. for good cause and is consideration for executing this purchase order, the Seller hereby assigns to the Purchmer any and all claims it may now have or hereafter acquired under fedeoal or state entitrmt laws for such overcharges relating m the particular goods or services purchased or acquired by the Puchaer pursuant to this purchme order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to comet nonconforming or defective good by a dam to be appeal upon by doe Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Pc.haoa may cause the work m be performed by the meet expeditious now available a it, and the Seller shall pay all casts associated with such work. The Seller shall release the Purchaser and its contactors of any her from all liability and claims crony nature ..Ming from the performance ofsmh work. This release shall apply even in the event of fault of negligence of the party oriented and shall c.,,ad a the directors, olEca, and employees ofsuch party. The Setters contractual obligations, including wananty, shall not he deemed to be reduced, in any way, because such work is parrs mal or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to me any design, device, material or process coveed by loner, patent, trademark or copyright, the Seller chal I indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use cf such patented design, device, material or pmces in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion of the work. In case said aluipmeno, or any pan thereof or the intended use of the goods, is in such suit held to constitute infiingemem and fe use of said ryuipment or pan is enjoined, the Seller shall, at its own expese and at its option, either procua for the Purchmer the fight to continue using said equipment or parts, replace the same with substantially equal but noninlHnging equipment, or modify it so it becomes nownGnging. 15. INSOLVENCY. If doe Seller shall become insolvent or bonkrvpt, make an assignment fro the bme0t of creditors, appoint a or nasfee for any of the Sellers property m basiness, this order may fwmvifh be, eancclal by the Puvhmcr without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be commed under and governed by the laws of the Sate of Colorado, USA. The rationing Additional Conditions apply only in coses, where the Seller is to perform work hereunder, including the service ofSeltm Relowsmoative(s), on the premises oforhers 12. SELLERS RESPONSIBILITY. The Seller shall any oa said work at Sellers own fisk until the sane is fully completed and accepted, and shall, in se of any accident, desmtdion or injury to fe work mNor mamas began, Sellers fire] completion and acceptance, complete gue work at Sellers own ,spare, ad to the satisfaction of the Purchaser. What materials and equipment are famished by others for installation or epction by the Seller, the Seller shall receive, unload, store and handle same at the site and become rapmasible rberefor m though such materials coned., equipment were being famished by the Seller under the order. IS. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, including exropmoral disease benefits, to is employees rmployal on or in connection with the work covered by this purchase over, and/or to their defeatism in accordance with the laws of the state in which the work u to W done. The Seller shall also carry compohnn ive geneal liability including, but not limited to, conmctual and anromobile public liability insurance with bodily injury and death limits of at lest S300,000 for any one person, $500,000 I'or any one accident and property damage limit per accident of $400,000, The Seller shall likewise require his contamors, if any, to provide for such compensation and insurance. Before any of the Sellers or his maintain employees shall do any work upon the penises of.the¢, the Seller shall finish the Purchaser with a cenificate that such compesation and insurance have been provided. Such cafficta shall specify the dte when such compensation and imaoance lave been provided. Such renifirma shall specify the dine when such compensation and insurance expires. The Seller affect that such compensation cad insurance shall be maintained and after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hereby assumes the retire ouspomibiliry and liability for any and all damage, loss or f,my of any kind r mature whatsoever to perm or property caused by or pushing man me execution offle work provided for in this purchase order or in connection herewith. The Seller will indemnify and held harmless the Purchmer arc any r all of the PurchoRc, agents and employees fmm and againt any and all claims, loss., damages, cscrs m harges or expenses, whether diva or indiracL and whefer, to peon. or pmpeny m which 0m Purchaser may be put or subject by reason of any at, 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 almost the Purchmer, or its officers, agents or employees at any time on account or by mama of any act, action, neglen, omission or default of dic Seiler of any of his mntmchas or any of is or their oRcers, agents; d employees as aforesaid, the Seller heeby agrees to assume doe defense thereof and an defend the same or the Sellers own ,spare,, to Pay my and all ass, charges, amomeys fees and orate, expenses, any and all judgment that may be incurred by or obtained against the Furchasm or any of is or their oRcem, agents or employees in such sues or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchase, or said parties in or as a result ofsuch suits or other proceedings, the Seller will at Aratt came the same to be dissolved rind discharged by giving bond or otherwise. The Seller and his contractors shall rake all safety precaution, famish ad imull all guards necessary fro the prevention of accidents, comply with all laws and regulation with regard to safery including, but without limitation, the Occupational Salary and Health Act of 1970 and all rules and regulation issued pursuant hereto. Revised 02R014