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HomeMy WebLinkAbout321666 THE NATURE CONSERVANCY - PURCHASE ORDER - 9146145Fort Collins Date: 1012112014 Vendor: 321666 THE NATURE CONSERVANCY 2424 SPRUCE ST BOULDER CO 80302 PURCHASE ORDER PO Number Page 9146145 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: 10/21/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Prescribed Burn work fall 2014 Per Work Order NA-172-2014 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 7,050.56 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 CondCons Page 2 of 2 I. COMMERCIALDETAIIS. Tax exempliarss. By sotuo the City of Fort Collins is exempt from some mad local texas. our Exemption Number u 11. NON WAIVER. 98-01502. Ful l Excise Tax Exemption Certificate of Registry 84 6000587 is registered with the Collator of Failure of the prostrates antroops upon strict "I..of the from aambiambitiousere nd ambitious hereof. failure or delay asInternal Revenue, Denver, Colorado (Ref. Colorado Revised Sotmes 1973. Chapter 39-26,114 (a). exercise any rights or candies provided herein or by law, failure to pro nptly notify the Sella in the event of a breach, the mcepuince of or payment for goods hereunder or approval of the design, shall nm pelves, me Seller of Goods Rejamed. GOODS REJECTED due to failure to men slxerifialima, either when shipped a due to defects of any of the warranties or obligations of this po chume order and shall not be deemW a waiver of any fight of the damage in ".it, maybe tunuied to you for coedit end one not to be replaced except, upon receipt of written purchaser to insist upon slit performance hermfor any of its rights or remedies as to any such goods, regardless instructions fro the City of Fort Collins. of when shipped, received or arear d, as to any prior or subsequent default hereunder, nor shall any purported cool modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tames Inspection. GOODS are subject to the City of Fort Collins impaoion on movie. hereof. Final Acceptance. Receipt of the merchandise, servi< s or equipment in response to this order can f exult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. mospised payment on the pan of the City of Fan Collins. However, it is to be understood thatFINAL Seller and the Purchaser recognize that in actual economic practice, overcharges rehi ung from Women ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact bome by the Purchaser. Theremfins, fagod cause aid as consideration for execming this purchase order, the Sella hereby assigns to the Purchaser my and all claims it may now have or hereafter Freight Tears. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal at, Wile robots, laws for such overcharges relating an the particular goods or services otherwise specified on this order. If,omission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pormant no this purcho f order. bill must occomoanv m'nice. Additional change for rocking will not be national. Shipment Distance. Where manuractums have disc ibuting Points in varmusi pans of the country, shipment is expected from the nearet distribution point m destination, and excess freight will be dducmed from Invoice when shipments are aside from grater rhmwae. Petits. Seller shall procure at sellers sole cost all nacssary permit , anifiates and licenses taloned by all applicable taws, regulations, ordinances and roles of Joe state, municipality, oratory or political subdivision where the work is Performed, or required by any other duly comtimted public authority having jurisdiction over the work of vaMl Seller further agrees 10 hold the City of Fort Collins Worsens foam and against ell liability end loss incurred by them by reason of an assured or established violation of any such laws, regulations, ordinance, pales and requirements. AUNoriaoion. All ponies to this contract of that the representatives are, in fact, bona fide and possess full and omplde authonly to band said patties. LIMITATION OF TERMS. This Purchase Order expressly limits acceprme, an the teens and conditions stated Iftervin set form and any supplementary or additional terms and conditions annexed lerem or incorporated herein by reference. Any additional or dobbo nt,emu and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou amat make complete shipment to arrive on your promised delivery done as noted. Time is of the mom. Delivery and Performance musr be effosted within the time stated on the pushase order, and fire diamonds ateched hereto. No acts of the Purvhaers including, walnut limitation, acceptance ofpmmis] late delivmes, shall operate as a waiver ofthis provision. In the event of any delay, the Purchaser shall have, in addition m other legal and attainable remedies, the option of placing Nis order elsewhere and holding he Sella liable for damages. However, me Seller shall nm be liable far damages as a mull of delays due to sous not raaably foresasble which are beyond its o,aaoable oawl ad without its fault ofnegligence, such acts of'God, acts ofeivil or military aumontia, governmental priorities, fins, strikes, flood, epidemics, was or nob provided Out notice of me conditions causing such delay is given to me Purchaser within five (5) days of the time when the Seller find received knowledge thereof in the event of any such delay, the dale of delivery shall be extended for the period equal to me time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and compla s e in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any lass, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wgnremy. The Seller shall replace, repair or make good, without cost to the parch pe, any defects or faults arising within one (I) year or within such longer period of time as may te prescribed by law or by the terms army applicable warmly provided by the Seller aRa the date of acceptance of me goads furnished hereunder (acceptance not to be unseasonably delayed), resetting from imperfect or defective work dove or maenals foiished by the Seller. Acceptance or use of gods by the Purchaser shall at omprove a wnive, of any claim under this waarmy. Except m otherwise provided in this pmrchsee order, me Sellers liability hereunder shall extend m all damages proximately cased by the breach of any of the foregoing warranties or guarantees, but such liability shall in an event include loss of profits or two 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 teats by woman change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to me terms, other th n legal from, including mutians to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, an equilable abnormal shall be mode. 6. TERMINATIONS. The Purchaser may many time by wriien change order, terminate this agrament as to any or ail ,onions of the goods then not shipped, subject to any equitable adjustment between the ponies as to any work or materials then in progress provided them the Purchaser shall not be liable for any claims for anticipated prof on the uncompleted portion of the goods and/or work, for incidental or co rrumial damages, and that an such adjetmrrmt v made in favor of the Seller with roped to any gads which are the Sellers Woodland stock. No such termination shall mliev, the Purchaser or theSeller army of mein obligations as to my goods delivered beau da. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within Niny (30) days from me date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have ban produced, sold, delivered and famished in strict compliance with all applicable laws and regulations m which the goods no, subject, The Sella shall eseate and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorpomled herein by this reference. The Seller agrees to indemnity and hold the Purchaser harmless from at I costs and damages suffered by the Purchaser as a result of the Sellers failure m comply with such law. 9. ASSIGNMENT. Neither party shall assign, trmrfeq a convey this order, or any monies due or to become due hereunder without the prior wrinen consent ofthe other party. 10. TITLE. The Seller warrants full, clear and umearicled title to the Purchaser fro all equipment, materials, and items famished in prefomam'e of this agreement, flee and clear of my and all Beret, mtriedom, resrnations, security brand encumbrmces and claims of.dif 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, ad the Sella thereafter indicates its inability of unwillwgncss m amply, the Pu viveseo may came the work to W performer by the must expeditions roam available m it, and the Seller shall pay all corms associated wins such work. The Seller shall releae the Purchaser and its commoners of any tia firm all liability and claims of any nature muhio, boo the pafo. ofach work. This release shall apply even in the event of fault of negligence of me parry released and shall extend to Ile directors, officers and employees of such party. Ile Seller's contactual obligations, including wamanty, shall not be dared to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14, PATENTS. Whenever the Seller is reauiml m use any design, device, material or process covered by lever, patent, trademark r copyright, the Seller shall indemnify and save hatless the Purchaser from any and at I claims for infringement by reason of the use of such patented design, device, naterial or process in connection with the contract, and shall indemnify Ile Poohaur for any cast, expense or damage which it may be obliged m pay by reason of such infringement at any time during me prosecution or after the completion of me work. In eau said equipment, or any Pon thereof or the intended use of the good, is in such suit held m ans,itum infringement road the use of said neuipmat or Iran is enjoined, the Sella shall, at its ossn expense and at its option, either procure for the Purchaser me eight to continue using said equipment or parts, replace tee same with substantially equal but roninGnging a,mormo , or modify it an it becomes coordinating. 15. INSOLVENCY. If the Sella sbull become iaolvem or bankmpl, make an assignment for the barer, of creditors, appoint is or trustee far any of the Sellers property at, hoariest, this order may forthwith be canceled by me Purchaser whimm liability. 16. GOVERNING LAW. The defni,..to ofit., used or the interpretation of the agreement and the rights craft paries hereunder shall be consumed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representmive(s), on the premises father, 17. SELLERS RESPONSIBILITY. The Seller shall Cary on said work at Sellers own risk until he same is fully completed and accepted, end shall, n case of any accident, destruction or injury to the weak mtNor mamo6 before Sellers final completion and never., complete the work at Sellers own expense and to tbe vn,finu an of me Pumhaer. When mamala and equipment an, dimisbed by others for installation or,anion by me Sella, she Seller shall receive, unlad, sate end handle ante a doe site end become mpoaible mention res sough such mamals candor uipmena wort being f nnisbed by the Seller under the order. 18. INSURANCE. The Seller shall, at his own experrse, provide for the payment of workers compensaion, including occupatioml disease benefits, to its employees employed on or in connection with the work covered by Nis purchase order, and/or to their dependents in accordance with the laws of the suite in which me work is to be done. The Seller shall also our, comprehensive general Iisltility including, but nor limited to, contractual and automobile public liability insurance with bodily injury and death limits arm least $300,000 for any one Person, $500,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his contractors, if any, to provide for such compenaation and insurance. Before any ofthe Sellers Or his conimetors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a cerificat, that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance experts. The Seller agrees Nat such compenmtion and anumnce said be maintained until after the entire work is completed aid accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby ass es me entire mpomibility ad liabilityfor any and all damage, loss or injury of my kind r nature whotsoeocr to persons car property, afford by or resulting from the execution ofthe work provided for in this Enclave order or in exmemion herewith. The Sella will indemnify aid hold harmless me Purchaer and my or all of Ne Purchasers omcar, agents and employers from and aganst my ad all claims, losses, damages, charges or expense, whether dire, or indirreL and whether of persons or property an which the Pu¢basar may be put or subject by tson of any at, action, neglect. omission or default not me pat of me Sella, my of his contractors, or my of the Sellers or contractors officers, agents a employees. In emse any suit or Omer paouedings shall be brought agaiam the purchaser, or its officers. agents or employees a, my time on account or by reason of my 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 Sella hereby agrees to atom, me defense thereof and to defend the some at me Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or my of its Or their officers, agents or employees in such suits or other proceedings, and in crow judgment or other lien be placed upon or obtained against me property of me Purchaser, or said parties in or m a result ofsuch suits or other proceedings, the Seller will at one muse me came as be dissolved and discharged by giving bond or otherwise. The Seller and his containers shall take all safety precamions, famish aM insult all guards necessary for me prevention of accidents, comply with all laws and regulations with regard to afety including, but without limitation, thin Occupational Safery and Health Act of 1970 and all rules and regulations issued pursmnt theMo. Revised 07n014