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HomeMy WebLinkAbout536973 HIGHLINE FENCING - PURCHASE ORDER - 9142722 (2)Fort Collins Date: 09/24/2014 Vendor: 536973 HIGHLINE FENCING 4000 N OVERLAND TRAIL LAPORTE CO 80535 PURCHASE ORDER PO Number Page 9142722 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: NATURAL AREAS CITY OF FORT COLLINS 1745 Hoffman Mill Road FORT COLLINS CO 80522 Delivery Date: 05/13/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 4 CHANGE ORDER 1 1 LOT EA 2,746.50 5 CHANGE ORDER 2 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 EA 1,600.00 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. COMMERCIALDEfA1LS. Tax exemption. By statum the City of Fan Collin is exempt from stale aed local tax,. Our Exemption Number is 98,A502. Federal Excim Tax Exemption Cemficate of Registry M-6000587 is repirtocd wit the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smtates 1923, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in tramit, may be cannot In you for credit and we not m be replaced except upon meipt of women instructions from the City of Fort Collins. Inspection. GOODS are subject to fe Ciry, of Fort Collin inspection as arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in vuthenued payment on the pan of the City of Fort Collins. However, it is tobe unto dersod (hatFINAL ACCEPTANCE Is dependent upon completion craft applicable required inspection procedures. Freight Terms. Shipments ram, be F.OA., City of Lou Collins, 700 Wood St, pun Collins, CO 80522, unless otherwise spwilied an this order. Ifpmaissicn is given to prepay freight aM charge separately, the original freight ball nma accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing paints in various pans of the country, shipment is expected from the nomt distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater dismnre. Permits. Seller shall procure in sellers sole cost all necessary permits, cenificmes and licenses required by all applicable laws, regulations, ordinances and roles ofehe state, municipality, tenimry or political o bdivisii n where the work is performed, or acquired by any other duly constituted public authority havingju isdiction over the work of rnJor. Seller further agrees to hold the Ciry of Fon Collin harml. from and aRound all liability and loss incorrect by them by arson of as covered or established violation of any such laws. regulations, ordinances, rules and requirements. Authonmtism. All parries ,o this comma agree than the representatives are, in fast, bow fide and possess full am complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set fah and any supplementary or additional terns and conditions annexed hecto or incorpommd herein by reference. Any additional or differed terms and conditions proposed by seller are objected In and hereby rejected. 2. DELIVERY. PLEASE ADVISI7 PURCHASING AGENT immediately try.. canoe make econ,lae shipment to arrive on your promised delivery ,late asocial, Time is of ine..sense. Delivery and pedi+mmuce must be eRecled within the time staled on the Pnrchaw coda and the dorumems attached herein. No act, of the feel —as including, without limitation, naeplance of, unial lase delivcdes,,lmll operate as a waiver of this prc,i,imn. In We event of any delay, the Fantasia xhall have, in addilion m other legal and equitable remedies, the oplion of placing his area elsewhere and holding the Seller liable for damages_ However, the Seller shall of be liable for damogex, a molt of delays due la causes not reasonably fureweable which are beyond its .,..able control and without its fact, of negligence, such ask of God, ace ofeivil or military amhwifies, governmental wirings, fires, strikes, Bond, epidemics, was or riots provided that notice of the conditions causing such delay, is given to the Purchaser within five (5) days of the time when the Seller Best received knowledge theraf. In the event of my such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that ell good, arid,, mmerials and week covered by his order will conform with applicable drawings, specifications, rumples andxor other descriptions given, will be fit for the purposes intended, and Performed with the highest degree of care and competence in accordance with ncepted standards for work of a 'milar nome. The Seller agrees f hold the purchaser harmless from an, loss, damage w expense which the Purchaser may Buff or incur on account of the Sellers beach of warranty. The Seller shall replace, repair or make good, without cost to the puchaser, any defect, or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the temps of any applicable warmth, provided by the Seller after the dam of acceptance of the goods unwashed hereunder (acceptance not to Ise unreasonably delayed), resulting from imperfect or defective work done or materials ficama M1ed by the Seller . Acceptance or use of goods by the Purchina shall no, 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 crowd by the breach of any of the foregoing warranties or guarantees, but such liability shall in no even, include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCI IANTABILITY OR OF ED NESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal team by written change order. 5. CI IANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to to tames, other than legal tens, including additions to or deletions from the irm-nim, urio ally ,cloud in be specification, or drawings, by verbal or wriven change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall N made. 6. TERMINATIONS. The Purchaser may at any time by winam change order, terminate this agrtemem as to any or all poriom of the Rural then not shipped. subject to any equitable adjustment Ire .the pool res to any work or,aerials ten in progress provided tat the Purchaser shall rat be liable for any claims for anlicipated prenk on to uncompleted Wotan of the goad warm work, for iocider al or corncquential damages, and that no such adjustment he made in favor of the Seler with moped 10 my goods which art the Sellers standard stack. No such mmwudon shall ¢lies. the Purch,er or the Seller ofany oftheir obligations w to any good delivered hereunder. Z CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within tirry Lint days from the dam the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wrearms ,bat all good sold hereunder shall have been produced, sold, delivered and famished in strict vm,limee with all up,Ii,.blc laws and regulations to which the good are subject. The Seller shall execute and deliver such documents, may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Pu.h,er harmless from all costs and damages suffered by the Purchaser, a result of to Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party sall resign, number, or convey this order, or any monies due or to become due hereunder without to poor women count ofbe,ter party. 10. TITLE. The Seller warrants full, clear and nresn eyed rile to the Purchaser fro all equipment, rranals, and item famished in performance of this agreement, free and clear of any and all lien, restrictions, muenations, security interest encumbrawas and claims of others. ILNONWAIVER. Failure of the Purchase to insist upon force performance of the terms and condition hemoE failure or delay m exercise any rights or remedies provided hereln or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of at payment for goods havander or approval ofe design, shall not release the Seller of any of the warranties or obligations of this purcham order and shall not be deemed a waiver of my right of the purchaser to imitt upon nrict performance hmofor any of its rights or remedies m to any such goods, regardless of when shipped, received or accepted, , to any prior or Absorption default hereunder, nor shall any puryortcd oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the term hereof. 12. ASSIGNMENT Or ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact home by the Purchaser. Theretofore, for mind cause and , consideration for executing this purchase order, the Seller hereby slgm to the Purchaser any and all claims it tray, now have or hereafter acquired under federal or ante antitrust Incas foe such overcharges relating to the pariculor goods or services purchased or acquired by life Purchaser Lorimar to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Irthe Purchaser directs he Seller to corer, nonconforming or defective goods by a date to be agreed upon by the Panh ti and the Seller, and the Seder thereafter indicates its inability or unwillingness m comply, the Pumhaser may cause the work 1. be pefoemed by the moss expeditions means available to i,, and the Seller shall pay all costs associated with such work. The Seller shall rele,e the Puah,cr and its contractors of my tier from all liability and claims of any nature resulting from the performance of such work. This mle,e shall apply even in to even of fault of negligence of the Troy alconal and shall extend to to directors, rebates and employees of such part'. The Sellers command obligations, including warranty, shall cat be dearest to be reduced, in any way, because such work is performed or caused to be performed by the Pachuca. 14. PATENTS. Whenever the Seller is required to use any design, device,,medal or process covered by ken paten, trademark in pyrigh%the Sella shall indemnify and rave hi mlesa the Purchase from any and all due., for inlnagement by y reason of the use of such patented design, device, material or process in communion with the comfort. and shall indemnify the Purchaser for any cost, expense tar damage which it may be obliged to Pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any part overall or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is ajoin d, ,he Seller Sall, at its own expense and at its ,,lion, either procure for We Pa.hawr the right to continue using mid equipment or pans, replace the same will, mbsmntially equal but noninftinging equipment, or much fy it so it becomes naninfiinging. 15. INSOLVENCY. If the Seller shall become imolvenf or bnkwpL make an assignment for the beneN of creditors, appoint a receiver or trusme, for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The dfinilaws ,far. used or the interymation office agreement and de rights fall panics hereunder shall be amhued under and garemed by the laws of the Stan of Colorado, USA. The following Additional Conditions apply only in cases where the Seller a to perform w'e& hereunder, including the savicas of Sellers Reprewntaeive(a), on the premise, ofathers. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Sellav awn risk until to same is fully completed and weepred, and shall, in se of my accident, dedraction or injury to the work amber materials before Seller's firm completion and acceptance, complete the weak a, Sellers .can expense and to the sattaf clurn of the Purchaer. When materials and equipment are famished by others for installation or erection by the Seller, ,he Seller shall receive, unload, store and handle some at If,, site and become responsible therefor as though such materials and/or equipment were being ,wished by the Seller under the order. 18. INSURANCE. The Seller shall, to his own expense, provide far the payment ofworkers compensation, including occupational disease returns, to its employees employed on or in connection with the work covered by this purchase order, andor to their depenlents 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, contractual and automobile public liability im osium with nudity injury unit death limit, of at least S30a,000 for any one Farm, sSW,IXq for any are accident and property damage limit per accident of S400,000. The Seller shall likewise mow. his nmme ow, if any, to provide for such co mematon and insurance. Before any of the Sellers or his contractors employees shall do anywork upon the premises ofoters, the Seller shall fumuh the Purchaser with a certificate but such compereation and imumre have been wesieled. Such cenifimtas shall specify the date when such coa, mselin and insurance have been provided. Such cenifiratn shall specify the date when such compensation and incense expire. The Seller agrees Nat such ampemation will insurance mail be mainmimd until after the entire work ex completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby sumes oche entire responsibility and liability for my and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the emation ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold armless the Purchaser and my r all of the Purchn moan rs, agents and employees from and against any and all claims, losses, damages, c,e harges m expenses, whether direct or indirect, and whether to Person or propely to which the Purchaser may be put or subject by rayon of any act, action, neglect, omission or defnul, on the an of the Seller, any of his contractors, or my of the Sellers or contactors officers, agents or employees. In case any nit or other proceedings shall be b or,he against the Purchase,, or its officers, agents or employees at any rime no account art by reason of any act, action, neglect, omission or default of the Seller of my of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense eheraf and to defend the rime at the Sellers awn expense, to pay my and all costs, ebe,,,. all..,, fees and other expenses, any and all judgments that may be incurred by or obtained against be 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 agaime the property of the Pw<hssa, or said parties in or as a result crutch suits or other proceedings, the Sella will at once cause the same to be dissolved and duchimged by giving bond or otherwise. The Seller and his at.,. mall take all safety precamlom, Ramada and install all goad necessary for the rumination of accidents, comply with all laws and regulation with regal to safer, including, but without limitation, the Occupation Safety and Health Act of 1970 and all ales and regulators issued permanent thereto. Revised 072014