HomeMy WebLinkAbout520136 COMANCHE CREEK - PURCHASE ORDER - 9146680of
FOCity. Collins
Date: 11/14/2014
Vendor: 520136
COMANCHE CREEK
15525 HWY 86
KIOWA CO 80117
PURCHASE ORDER
PO Number Page
9146680 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: 11/14/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Prairie Dog Management
Invoice 2014193
any'.", i4
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
14,500.00
Total $14,500.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
der Terms and Conditions Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By traded, the City of Fart Collins is exempt for demand Ideal axe. Oo Exemption Namba is
1 L NON WAIVER.
9"502. Federal Excise Tax Exemption Cenificme of Registry 8446000587 is registered with the Collector of
Failure of the Purchaser to inside upon strict perfomance of Ne tenets and codioons hereof, failure or delay, to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sodium 1973. Chapter 39-26, 114 (a),
exercise my rights car remMin provided herein or by law, failure to promptly notify the Sella in the event of a
breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet stra fications, 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 nonsit, may be returned to you for credit and are not to be replaced except upon receipt of written
purchaser to insist upon strict performance hereofor any of in rights or remedies in to any such goods, regardless
instructions form the City of Fort Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any pmponed
am] modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS are subject to the City of Fort Collins inspection on arrive].
hereof.
Final Acceptance. Receipt of the merchandise, service or equipment in response to this order at result in
it. ASSIGNMENT OF ANTITRUST CLAIMS.
aathoriaed payment on the part of the City of Fort Collins. However, it 6 m be understood but FINAL
Sella real the Pumhasa m ixignne but is actual a comic practice, overchmgcs resulting from antitrust
ACCEPTANCE. is dependent upon complains of all applicable required inspection proccdurd.
violations are in fact home by the Purchaser. Theraofore, for good cause and as mreideretion for censuring this
purchase order, We Seller hereby asigm to the Purchaser any deal all claims it may dew have or hereafter
Freight Terms. Shipments most be F.O B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless
acquired under federal or same antitust laws for such receiving. reining to be particular goods or services
otherwise spaifed oa this order. if pmnission is given is prepay freight and charge separately, the original freight
purchased or acquired by the Purehasa pursuant W this purchase order.
bill must accnmpavy invoice. Additional charges far packing will not be, accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have dombuting paints in various pans of the country, shipment is
Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a dale to be agreed upon by the
expected from the rental distribution point to destination, and esens freight will be deducted from Invoice when
Purchour and the Sella and the Seller thereafter indicates is inability or unwillingness to comply, the Purchaser
shipments arc made from greater distmer.
may cause ,he work ro be fafomned by the moss expeditious means ii,olabla m h, and the Seller shall pay all
cos. reaociii with such work.
Permits. Seller shall promre at sellers sole mot all necessary permits, ratificami and licenses required by all
applicable laws, regulations, md.... va and rules of be some, municipality, territory or political subdivision where
The Seller shall release the Purchaser and in conductors of any tier form all liability and claims of any made
the work is penbrmed, or required by any other duly consOdeted Public authority having jurisdiction over the work
resulting from the Fabmmana ofsuch work.
of vadoc Sella further uppers to hold the City of Fart Collins hamOas from and against all liability and loss
incurred by them by reason open asserted or amblished violation crony such fans, regulations, orthvaas, rates
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
anal rtyuiremens,
directors, officers and employes ofsuch party.
Amortization. All parties W this contract agree Out We representarives are, in Carl, bode fide and possess fall and
The Stilels cmtrmtual obligatimss, including watrmty, shall not be damW ,o be reduced, iv any, way, because
complete molud y to batd said parties.
such work is pedbramd or nosed to be Performed by the Purchaser.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the hems and conditions stated
herein set forth and any mpplemrntery or additional reins and conditions annexed hereto ar inverpomRd herein by
reference. Any additional or different terms and constraints proposed by seller are objected m and hereby rejadd.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyoo arrest make complete shipment a arrive an ynar
promised delivery date to noted Time is of the auntt. Delivery and performance must be effected within the time
stated on ,he purchase order and ,he documents attached herb. No arts of the Purchasers including without
limitation, acceptance of panel late deliveries, shall operant is a waiver of this prevision. In the event of any delay,
dre Purchase shall have, in addition to other legal and ryuicif le remedies, the option of placing this order elsew'hcre
and holding the Seller liable far damages. However, We Seller shall nor be liable for damages or is mind, of delays
due to causes not reasonably rciandable which am beyord its reasonable central and without its fault of negligence,
such acts of God, acs of civil or military nthori,ies, governmental Friends, fines, corms, Rood, Ridemies, wars or
nas provided that cam ee of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof In the acted of my such delay, be date of delivery shall be
extended far the period aruil ad the time actually lost by reason of the delay.
3. WARRANTY.
The Sella warrants that all grads, adults, materials and work covered by this order will conform with applicable
drawings, specifications, samples mai other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted sandaMs for work of a
similar name. The Seller agrees In hold the purchaser harmless form my lass, damage or expense which the
perchance may serf or or =or on account ofthe Sellers breach of watuanty. The Sella shall replace, repair or make
good, without cast to the purchaser, my defecs or fads arising within one (1) year or within such longer period of
time a may be pdescribd by law or by the terns army applicable warranty provided by the Sella afla be date of
anceptance of the good famished haeuMer (acapand, at to b, is rrsbly delayed), resulting Ito imperfect
or defective work done or maeriaB fumuhed by the Sella. Acceptance or use of goods by the Purelona shall net
constideh a waiver of my claim ands this warranty. Except as otherwise provided in this pureMse order, We Sellers
liability hereunder shall extend to all damned Proximately round by the breach of my of the foregoing wamntias
or g...at., bur such liability shall in im event include loss of profits or loss of tau. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make chaogs to legal itms by were. change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes m We temp, in., ran legal teems, including eddai ses m or deboons from
the qumlilies oeglmlly ordered in the specifications or drawings, by verbal or written change order. If any such
change a@ems the amoum due or the time afperf ama ce hed, m equitable djam aem shall be made.
6. TERMINATIONS.
The Purchaser may al any time by carman change order, terminate This agreement s W any or all portions of the
goals than del shipped, subject to any equitable adjustment between in. parties s many work or maeriau then in
progress provided Nat be Pretender shall not be liable for my claims for anticipated profits on the uncompleted
portion of the grad wri work, for incident.] err consequential dmages, and that no such djatmena be made in
favor ofthe Seller with respect to any Sands which are the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller army of their obliptions an to any goad delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be awned within thirty (30) days from the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller wamans then all land sold hercuMer shell have ban prodaced, sold, delivered and f fished in stria
compliance with all applicable laws deal regulations in which We good art subject. The Seller shall execute and
deliver such documents as may be natural to effect or evideare compliance. All laws and regulations menuird to be
incorporeed in agreement of this character art hereby mearpomed herein by this rcfertmx. The Sella ag,ccs or
indemnify and hold the Purchaser handless, from all casts and damages suffered by the Purchaser as a result of the
Sellers failure as comply with such law.
9. ASSIGNMENT.
Neither party shall anign, transfer or convey this order, of any monies due or to become due haeunda without the
prior wnnrn consent of the other party.
10. TITLE.
The Sella warsans full, clear and combined title to We Purchaser for all ryuipment, materials, and items mounted
I. performance order agreement fro and elms of my and all liens, rdtrictims. ref¢ ddiden security I.'.'
emumbmncs and claims fothers.
14. PATENTS.
Whenever the Seller is daluired to me any design, device, material or process covered by letter, patent, Trademark
r copyright, the Sella shall indemnify and save harmless the Purchaser from any and all claims for infringement
by rearm of the use of such patented design, device, dem red 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 of such
infringement at any time during the recreation or after the completion or the work. In case said equipment, or
any pan thereof or the attended use of the goads, is in such suit held to emnsaime infringement and the use of
said equipment or pan is joined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right to continue using said a irn,su nl or parts, replace the same with substantially equal but
non infringing immure anq or modify it so it became mnmfringim.
15. INSOLVENCY.
If the Sella shall become insolvent or bad:mpt, make an assignment for the benefit of creditors, appoint a
receiver or mstee for any of the Sellers property, or business, this order may forthwith be canceled by be
Purchaser without liability.
16. GOVERNING LAW.
The definitions creatures used or the interpretation ofthe agreement and the rights ofall parties hereunder shall be
arentrved under and governed by the laws ofthe State ofColoncla, USA.
The following Additional Conditions apply only in cases where the Sella is W Perform work hereander,
including the services of Sellers Rurpeadamive(s), on be premiss ofoWers.
❑. SELLERS RESPONSIBILITY.
The Seller shill a,ry, on said work a Sella's over risk meal We same u fully completed and accepted, and shall,
in case of any accident destruction or injury to the work mNor materiels before Sellers final completion and
stcentance, coupleee the work at Sellers own expense and to the satisr mimn of the Purchases. Whet maanau
and equipment care fitnuhed by others for installation or erection by the Sella, We Sells shad receive, unload,
store and handle same at the site add baome responsible therefor as Waugh such mataiak aM/ar equipment
wart being fmnlahal by Ne Seller ands We arder.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefit, to is employees employed on or in cormanden with be work amended by this purchase order,
odor to their depender s in accordance with the laws of the sans in which the work is to be done. The Seller
shall now carry comprehensive general liability incuding, but am Iimital to, contractual and automobile public
liability iusumnce with bodily injury and death limits ofar least 5300.000 for my one person, 5500,000 for my
accident and property damage limit per accident of 5400,O410. The Seller shall likewise mquim her
cmrmmors, if my, m provide fear such earraftencerthrin and insurance. Before my of Ibe Seller or his conuactors
employes shall do any week upon the premises of others, Ne Seller shall famish We Painclasservid, is canifiam
that such compensation and insurance have ban provided Such cenif tes shall specify We date when such
compensmion and insurance have been provided. Such cenifdcaza shall specify Nt date when such comparisons
and insurance expires. The Sella agred that such compensation and announce shall be maataated and after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any end all damage, loss or injury of any kind
or nature whatsoever m 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 hannlds the Portland and any
r all of the Purchasers appears, agents and employees from and against any end all claims, losses, damages,
charges or expamses, whether direct or indirect, and whether to persons or properly to which the Purchaser may
M pun or subject by maven of any der, action, neglect, omission or default on the pm of the Seller, any of his
contractors, or my of the Sellers or contractors officers, agent or employees. In eau any suit or other
proceedings shall he brought against the Purchaer, or its officers, agents or employees in my time on water or
by reason of any act, action, rallied, omission or default of We Sella of any of her commctors or any of is or
their offese ,agents err employers as aforeuld, We Seller hereby agrees W atom¢ the def thereof and to
defeed the come at the Sellers one expense, to pay any and all eases, charges, attorneys f and office expenses,
my and all judgment but nay be incurred by or obtained against the Purchaser or my of is or Wen officers,
agents or employees in such suits or other Proceedings, and in case judgment or other lien be placed upon or
obtained against the property ofthe Purchueq or said parties at o, as a roof, of such suits or order pr«edings,
the Seller will at move cause the same 10 be dinti and discharged by giving band or otherwise. The Seller and
his contractors shall take all safety precautions, famish and imall all guards nacsmry for the prevention of
accident, comply with all laws and agulations with mixed m urely including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rules and regulations issued personal therein.
Revised 07n(i