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HomeMy WebLinkAbout480487 RISING SUN FENCE & CONSTRUCTION LLC - PURCHASE ORDER - 9147110PO PURCHASE ORDER 914711er Page C117/ of PURCHASE 47110 1 of 2 Flirt Collins( This number must appear .�,/`I ` V " on all invoices, packing sli s and labels. Date: 12/03/2014 Vendor: 480487 RISING SUN FENCE & CONSTRUCTION LLC 1274 COLE RD CHEYENNE WY 82009 Ship To: DRAKE WATER RECLAMATION CITY OF FORT COLLINS 3036 ENVIRONMENTAL DRIVE FORT COLLINS CO 80525 Delivery Date: 12/03/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 1 LOT LS 15,200.00 Fencing project/Meadow Springs Fencing project at the meadow springs ranch. 2.1 miles of fence = 11,088 feet removal of old and installation of new. quote sent to utilities buyer 12/2/2014 by mrw. Contact on Rea is Ron 2 1 Balance of funding 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 7,558.00 758.00 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 I. COMMERCIALDETAIIS. Tax exemptions. By swum the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colomdo (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Gaads Rejected. GOODS MECTED due to failure to meet specifcatiotss, ebin whenshipped or due to defect of damage in transit may be rensmM to you for credit aM are not to be repGred except upon racier of written instructions from be City of Fort Collins. le,extion. GOODS are subject a the City of Fmt Collins inspection on annual. Final Acceptance. Receipt of the merchandise, screves or equipment In response to this order canresult in radical payment on the pan of the City of Fort Collins. However, it is to be understood but FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection proceJums. Freight Termer. Shipments most be F.O.B., City of Fort Collier, IDO Wand St., Fart Collins, CO 80522, unless c mensds, specified on Nis order. If pamissim is given no prepay freight and charge intimately, the original freight bill most secomosm, invoice. Additional chances for wckin , will not be accepted. Shipment Distance. Where tnauufacturers have distributing paints in various purls of the country, shipment is expected from the neu rat distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Prdnds. Sella shall procure at sellers sok coal all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinamcs and rates army state, municipality, territory or political subdivision where be work is Performed, or required by any other duly eomtianed public authority havingjurisdiction over the work of vendor. Seller furthrr, agree to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of. marled or established violation of any such taws, regulations, ordi.ne s, tales and on are mean. Authorization. All parties to this contract agree that me representatives are, in fact, bona file and possess full and complete a d oriry to bind mid permits. LIMITATION OF TERMS. This Pumbme Other expressly limits acceptance to the tetras and condurma stated herein set feM and my supplementary or additional it= and conditions annexed hereto or irco"comil herein by refen.ce. Any additional or dift tiaras and contidoer proposed by seller are objectedta and herebyrejMed. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you mount make complete shipment to arrive oa your promised delivery date as noted Time is of the essence. Delivery and performance most be effbcled within the time stated on the purchase order and the documents molded hereto. No acts of me Poolrooms including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of my delay, the Rurchmer shall have, in addition to other legal and equitable remedies, be option of placing this order elsewhere anal bolding the Seller liable for damages. Howneq the Sella shall rant be liable for damage, as a result of delays due to crows not emonably foreseeable which are beyond its reasonable control and without its fault ofnegligence, such acts of Had, owns of civil Or military mthoridies, p ver mental priorities, fires, mike, Beat roidmdc,. wars 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 first received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the period equal to the 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 duwivgs, specifications, samples adfor other deamptioer given, will be fit for the purposes amended, and perfonued with the highest degree of care and competence in accordance with invested standards for work of a similar nature. The Seller agrees to hold the purebawr hamtless from any loss, damage or expcme which the Pu chimer may sufferer incur on account of the Sellers breach of warm ay. The Seller shall replace, repair or make good, without cost to the purchaser, my defech or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the icons of any applicable warranty provided by the Seller after the dale of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting fiam imperf t or defective work done or materials fcausl nd by the Seller. Acceptance or tau of goods by the Purchaser shall not anstimte a waiver crony claim muter this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder, stall extend to all damages proximately wood by the breach of my of the forgoing warranties or gmmmms, but such liability shall in no event include loss ofprofin or loss 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 terms by written change order 5. CHANGES IN COMMERCIAL TERMS. The PtacRasn may make my changes to the mans, other than legal tear, including additions to or deletions from the 9mntitia m, amlly ordered in the spaifcatiom or drawings, by verbal or written change order. If any such change affects the amount due or be done of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement m to any or all portion of Om ,cods then not shipped, subject to any equitable asimmund between the pmies 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 super wok, for incidental or consequential damages, and but no such edjostment be made in favor of the Seller with respect to my goals which are the Sellers standard stock. No such mrstimation shall relieve the Purchaser or the Seller army of their Obligations as he my goat delivered herepnder. 3. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wmmma that all goods sold hereunder shall have been produced, sold, delivered and famished m strict compliance wit all applicable laws and regulations m which the goods ere subject. The Seller shall execute and deliver such documents as may b, required co efR t or evidence compliance. All laws and mplatiores "amend to be nommomted in agreements of this character are hereby invorpouted herein by this deference. The Seller agrees to indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or or become due hereuMer wathounhe prior written consent ofNe other party. 10, TITLE. The Seller wmmnts full, clear and tuuesbi<red title ta be Purchaser for all equipment, mnteria0, and items fished in performedn a of this agreement, fee and deer of any and all liens, resn idions, reu,vatiom, ravnty interest encumbsmce, and claims of others. 11. NON WAIVER. Failure of the Purchaser to ierist upon strict performance Of the terms and conditions hereof fortune or delay m rean y rights Or remedies provided Interim or by law, failure to promptly notify the Sella in the event of a br each, the acceptance i for paysimt for goods remainder or approval ofthe design, shall not release be Sella of any of the warranties or obligations of this purchase order and shall rant be do med a waiver of my right of the purchaKr ta coast upon strict perfomtame hefeOfor any of its rights or remedies as to my such goods, regardless of when shipped, received or accepted, as to my prior or subsequent default hereunder, for shall my Rumored am] rtmdification or Rescission of this purchase Order by the Pmebaser operate in a waiver of my of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations are in Get home by the Purchaser. Thcremfore, for good came and as consideration for executing this purchase order, the Seller hereby amigo to me Purchaser my anJ all claims it may now bavc or hereafter acquired under federal or state .tams' laxs for such overehama Relating ter Ne particular goods or smices purchased or squired by the Ptuchaser, pursuant Or Nis purcbaw order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchmer directs the Seller to correct nonconNnming or defective goods by a date to be agreed upon by the Purchaser mad the Seller, and the Seller thereafter indicates its mobilary or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all ash associated with such work. The Seller shall release be Franchiser and its mntmrman crony her from all liability aril claims of any nacre reading fmm the performance of such work. This releae shall apply even in be event of fault of negligence of the tarty released and shall extend to the directors, officers and employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed in be reduced, in my way, because such work is performed or caused to be performed by the Pmchown. 14. PATENTS. Whenever the Seller is requital to use any design, device, ttoterial or procrm covered by It., Moral. vadentmk or capynght be Seller shall indemnify it save harmless the Purchaser from my and all claims far infringement by reason of the use of such rumored design, device, mmarial or praess in connection with the conduct, and shall indemnify the Purchaser for my cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution Or site, the completion of the work In case said Optimum, of any part thereof or the intended use of the goods, is in such suit held to consulate infringement and the use of said air.' or pan is enjoined, the Seller shall, at its own expeere and at its option, either procure for be Purchaser the right to continue using said equipment or pans, replace hie more wit substantially equal but najnfi n5ing equipment, in modify it so it becomes roanfritging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an acsigmant for the benefit of creditors, appoint a receiver or trustee for any of the Seller property or baseness, this order may forthwith he canceled by the Purchaser withom ]lability. 16, GOVERNING LAW. The definitions of terms mud or the interymatim of me agreement and the rights of all parries reminder shall be conswW order and grevemcd by me laws ofNe Sole afColoudo, USA. The following Additional Conditions apply only in cases where be Seller is to perfomr work hereunder, including the services of Sellers Reymentative(s), on me pmnism of others. IJ. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own ask until the same is fully completed and accepted,.d stall, in raw of any accident, destruction or injury to the work andior matenals before Sellers final completion and acceptance, complete the work at Sellers own expense and hi the satisfaction of the Purchaue When materials and equipment an, f ishW by others for installation or comfort by the Seller, the Seller sM1all receive, unload, shire and fdle same err hie site and become responsible therefor as Nought such materials .Nor equipment were being fished by tut Seller order the order. I S. INSURANCE. The Seller shall, at his own expcmc, provide for the payment of workers compensation, including Occupational disease benefit, to its employees employed on or in connection with the work covered by this purchou order, marine to their dependents in accordance with the laws of the state in which be work is to be done. The Seller shall also many cum uderne eve general liability including, but not limited an. conuactml and automobile public liability irsur.ce with bodily injury and death limits of at I., S300.00() fan any one person, $500,000 fan any mic accident and properly damage limit per accident of 5400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insuramx. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, be Seller shall famish be Panchxser with a certificate that such compensation and insurance have been provided. Such crrtifcams shall specify the date when such compensation and insurance have been provided Such certificates shall specify the dale when such compensation and insurance carioca. The Seller agrees that such compensation and insurance shall be =trimmed until after the entire work is completed mdi atcented. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Shcerhereby examporhe entire rtsPomibiliry and liabilityfor my and all damage, lass or injury openly kind or amture wlanavice to a sions or property caused by or resulting from the execution ofthe work Prom&d for in this purchase order or in connection herewith. Tic, Seller will indemnify and hold harmless the Purchasr and my r all of be Purchasers officers, agents and employees from and against any and all claims, losses, domages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be at or subject by resume of any act, action, neglect, omissim or defaull oa the pan of the Seller, any of his ontratore, m my of the Sellers or contractors officers, agents or employees. In cam my suit or other proceedings dull be brough, against be Northeast, or its officer, agents or employees at any time on account or by reaun of any M4 action, vnlen, omission or default of the Seller of my of his contractors or my of as or Nei, officers, agent or employees as eforeszid the Seller hereby agrees m assume the defense thereof and to defend the amne at be Sellers own expense, to pay any and all vests, charges, anomeys fees and omen expenses, my and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such stain or other ptaeeding, and in care judgment or other lam be, placed upon or obtained against the progeny ofNe Purchaser, or said parties in or as a result of such stain or other praeebers, the Seller will at once came the same to be dissolved and discharged by giving bond or omembe. The Sella and his contractors shall take all safety precautions, Banish and iertall all guards tae,sary for the p¢vevtiov of accidents, comply with ill laws and regulations with regard hi safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all codes and regulations issued pursuant mcrehi. Revised 07R014