Loading...
HomeMy WebLinkAbout157665 WATTLE & DAUB CONTRACTORS INC - PURCHASE ORDER - 9144838PO PURCHASE ORDER 914483er Page City of PURCHASE 44838 t of 2 ' `t Collins/ hisnumbermustappear V " �7 on all invoices, packing sli s and labels. Date: 08/20/2014 Vendor: 157655 WATTLE & DAUB CONTRACTORS INC 102 BEAR HOLLOW RD LAPORTE CO 80535 Ship To: NATURAL AREAS CITY OF FORT COLLINS 1745 Hoffman Mill Road FORT COLLINS CO 80522 Delivery Date: 08/20/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price I Bobcat Ridge Rehab per terms and conditions of Bid #7666 and agreement dated July 28, 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.com 1 LOT LS 148,020.00 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 1. COMWEERC1AL DETARS. Tuexemptions. By shout, No City of Fort Collins u exempt farm state and local taxes. Our Exemption Number is ILNONWAINER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000582 is segistemd with No Collector of Failwe of the Pmuhsser to insist upon strict performance of the coma and conditions hare.( failure a delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statuke 1973, Chapter 39-26,114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Sella in No event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goads Rejected. 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 order and shall not be deemed a waiver of any right of the damage in transit may be mounted to you for credit and are Out to he replaced incept upon receipt of mines purchaser to insist upon avid performance hereufor any of its rights or remedies as to any such goads, regin less instructions farm the City of Fart Collins. of when shipped, received or accepted, as to my prior or subsequent default hammer, nor shall my purported oral modification a mscissim of this purchase odor by the Purchaser operate . is waives of any of the corm Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. here.[ Final Acceptance. Receipt of the merchandise, service or equipment in retpo.c to this Oder an result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Callus. However, it u an be understood that FINAL Sella and the Purchaser recognize that in actual economic peal.,, overcharges eaWfng from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures, violations era in fact boo, by the Purchaser. Theamfoa, for good..a and as considemfan for ascending this purchase and, the Seller hereby assigns to No Purchaser any and all claims it may now have or hereafar Freight Terms. Shipments must be F.0 ➢., City of Fort Collins, 700 Woad St., Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such .vembarga relating to No particular goads or services otherwise specified on this order. If permission is given a prepay, falibt and charge separately, No original freight purchased or acquired by the Puchaer pursuant to this purchase order. bill cons, accompany invoice. Additional charges for packing will .l be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Dismnce. More manufacturers have distributing points in various parts of the country, shipment is If the Purchaser diredsthe Seller to c.ad nonconforming or defective goods by a date to he agreed upon by the expected from le nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Sella thereaRer indicates its inability or unwillingness to comply, the Purchaser shipments as made from greater distance. may..use the work to be performed by the most expeditious means available m it. and the Seller shall pay ell costs associated with such work. Permits. Seller shall 'mane m sellers sole COST all necessary permits, certificate ..it license required by all applicable laws, regulations, ordinances and rules of the sure, municipality, territory or political subdivision whom The Seller shall release the Purchaser end its contractors of my tier from all liability and claims of my natum the work is performed, or required by any other duly constituted public authority havingpinsdiction over the work resulting from the performance ofsuch work. of modff. Seller Notice .,an to hold the City of Fan Collins harmless from and against all liability and loss incurred by them by... of an mined or established violation of any such laws, regulations, ordinances, rates This release shall apply even in the event of fault of negligence of the parry rebound and shall extend to the and requirements. directors, officers and employees of such party. Auhodzation. All parties to this contract agree that the representatives are, in fact, bona file and possess full and no Sellers contractual obligations, including wanonty, shall not be deemed to be reduced, in any way, because omplae auhonty to bind said faults. such work is performed or caused to be performed by die Purchaser. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set feed and my supplementary or additional tams and conditions annexed hereto or ine.pomted herein by reference. Any additional or di@mat to. and erection. proposal by seller am objected or and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou c uumt make ..,plate shipment to arrive at your promised delivery, data as noted. Time is of the mince. Delivery and performance must be effected within the time stated an the purchase order and the documents attachW hereto. No acts of the Purchasers including, without limitation, acceptance .fpartial late deliveries, shall immune as a waiver ofthis provision. In the event crony delay, tlm Purchaser shall have, in addition to other legal and equitable Tmmedles, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, Ilse Seller shall not be liable for damages as is result of delays due to causes not reassonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts Of Gad, sets ofcivil or military authorities, governmental pfoffia, fir., so kes, food, epidemics, wars or nets provided Net notice of the conditions causing such delay u given to the Purchaser within five (5) days of the time when the Seller first received knowlWge therm(. In the event of any such delay, the date of delivery shall be attended for the period equal to the time actually last by ttason ofdm delay. 3. WARRANTY. the Seller wamean that all goods, articles, matmals and .,it covered by Nis order will conform with applicable drawings, specifications, samples and/or clot descriptions given, will be tit for the purp.a 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 tlm purchaser harmless farm any loss, damage or exports which the Purchaser may suffer or incur on account of Ne Seller breach of wermnry. The Seller shall replace, repair or make good, without cost to Ne parchascr, any defects or faults arising within oat (1) year or within such longer period of time a may, be prescribed by law a by Ne to. of., applicable warranty provided by the Seller are, No dam of acceptance of No goods famished heremder (acceptance not to he unreasonably delayed), resulting from imperfect or de cenwo work done of materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of Re foregoing mummies or gmrentaa, bar such liability shall in no event Include Ire of profits or loss *fuse. NO IMPLIED WARRANTY 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes m legal to. by written change ode,. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to No now. other Nan legal arms, including additions on or dele,ions from the gnmlities originally ordered in the specification or drawings, by verbal or written change order. If any such uhmnge aft cts the amount due or the time ofperfomsance hereunder, an equitable adjustment shall be made. &TERMINATIONS, The Purchaser may at any time by wriman change Ordkq terminate this agreement as to my or all Fortuna of the goods then not slurried, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental Or anticapitalist damages, and that no such adjustment be made in favor of the Seller with impact to any goods which am the Sellers standard stock. No such termination shall alieve No Purchaser or the Seller of any of their obligati.. as to my goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days farm the dam the change or termination is Ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goads sold hereunder shall have bun produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject The Seller shall execuls and deliver such documents as may be required m effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incoryoreled herein by this reference. The Seller ,as to indemnify and hold the Purchaser harmlm from all costs and damages suffered by the Porch.er as a asap of the Sell. failure to comply with such law. R. ASSIGNMENT. Neither party shall assign, hansfer, or convey this order, or any monies due or to become due hereunder without the prior written cement ofthc olcr parry. 10. TITLE, The Sella warants till, clear and unresrriaed title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, anavado., security interest encombrunca and claims of others. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or wpyrighl, the Seller shall indemnify and save harmless the Purchaser tram my 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 cast, expense or damage which it may be obliged to pay by reason crouch i.hugement at any time during the prosecution or aRe, the completion of the work. In two said equipment, or my part Neaof or the intendW use of the goods, is in such suit held t0 constitute inGngemenl and the we of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for No Purchaser the right to cantina using said equipment or Paris, replace the same with substantially equal but naninfringing equipment, or modify it so it becomes noninhinging. 15. INSOLVENCY. If No Seller shall become insolvent Or bankrupt, make an migrment for No benefit of creditors, appoint is receiver or trustee for my of the Sellers property, or basinas, Nis order any forthwith be canceled by the Purchaer without liability. 16. GOVERNING LAW. The definitions of corm used or the interpretation of tlm agreement and the rights ofall parties hereunder shall be construed under and governed by the laws oftho Stem of Colorado, USA. The following Additional Conditions apply only in where the Seller is to Perform work hereunder, including the services of Sellers Represemativc(s), on thecases premises Of.thers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sella's own risk out to same is fully completed and occupied, and shall, in time of any accident, destruction or injury to the work mdlof materials before Sellers final complain. and acceptance, camplele the work at Sella's own expense and to the satisfaction of the Purchase, When materials and equipment arc famished by others for installation or erection by No Seller, No Seller shall receive, unload, store and handle same .1 the site and become raponsible %motor u though such materi di .Nor equipment were being fmnishW by to Seller under the odor. I S. INSURANCE. The Seller shall, at his own captive, provide for the payment of workers compensation, including occupational d'ssa , benefits, to its employees employed on or in connection with the work covered by this purchase order, author to Nci, dependents in accordance with the laws of the state in which the wad is to be done. The Sella shall also carry comprehereve gem col liability including, but not limited m, comm.mal and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one person, S500,000 for my one accident and praperty damage limit per accident of $400.000. The Seller shall likesim require his contractors, if any, to provide for sails compensation and insurance. Before any of the Sellers or his contractors employees atoll der any work upon the pmm¢es of others, the Seller shill Furnish the Purchase, with a mu fcate that such compensation and Inmuace have ban provided. Such certifiatrs shall specify the dam when such ompemation and insurance have been provided. Such c.ificates shall specify the data 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 Seller hereby mama the entire raponibility and liability for any and all damage. Ire or injury ofmy kind or nature whakoeverta persons or property caused by or resulting from the execution of the 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 Pitchman oRcs, agents and employees from end against any and all claims, lass., damages, charges or expenses, whether direct or indirect, and whaler to person or property to which the Purchaser may be put or subject by reason of my am, sation, neglect omission or default an the part of the Seller, coy of his notation, or any of the Sellers or coatractom officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or in ofce., agents or employees at any time oa 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 agora to assume the defense thereof and to defend No same at No Sellers own expense, m pay my and all costs, charges, attorneys fees and office cxpe.es, any and all judgments that may h incurred by or obtained against the Purehaser or my of its or their officers, agents or employees in such suits or other proeedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchase* or said parties is or as a result of such suits or other proceedings, No Seller will at once come the some to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all m&ry precaution, fnuali and install all grads necessary for use pavention of ccident, comply with all laws and regulations with regard to safety including, but without limitation, the Ocoupmimud Safety ..it Halh Act of 1970 and all nation and mgulati.ns issued pursuant thereto. Revised 07Q014