HomeMy WebLinkAbout454406 BIOHABITATS INC - PURCHASE ORDER - 9147309PO
PURCHASE ORDER 914730er Page
City of PURCHASE
9147309 t of z
Flirt CollinsChis number must appear
,�—.J`_' ` " �7 on all invoices, packing
sli s and labels.
Date: 12/10/2014
Vendor: 454406
Ship To:
NATURAL AREAS
BIOHABITATS INC
CITY OF FORT COLLINS
2081 CLIPPER PARK RD
1745 Hoffman Mill Road
BALTIMORE MD 21211
FORT COLLINS CO 80522
Delivery Date: 12/10/2014
Buyer:
JOHN STEPHEN
Note:
Line Description
Quantity
Ordered
UOM Unit Price
Extended
Price
workorder NAD-2014
1 LOT
LS
15,000.00
Finishing of Sterling restoration rip rap
per work order NAD-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
Total $15,000.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
11. NON WAIVER.
98-04502. Federal Excise Tax Exemption Cenifcate of Registry 84-6000587 is registered with Re Collector of
Failure of the Purchaser to insist upon strict Performance of the terms and conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Somus 1973, Chapter 39-26, 114 (h.
exercise any rights or remedies provided herein or by low, faiue to promptly nonfy the Seller in the event of a
breach, the acceptance ofor payment for goods hereunder or apposes] of the design, shall not release the Seller of
Goods 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 pushase order and shall not be deemed a waiver of any night of Re
damage in transit, may M returned to you for credit and are not to be replaced except upon receipt of written
Purchaser to insist upon strict performance hereofm any of its rights or ra owlies as to any sum goods, regardless
instructions from the City of Fad Collins.
of when shipped, received or accepted, as to any prior or subsequent default har, andeq nor shall any purported
am[ modification or rescission of this purchase order by the Purchaser agenda as a waiver of any of the terms
Inspection. GOODS are sabred to the City of Fort Collins inspection on cannot,
hereof.
Final Acceptance. Receipt of the merehandise, services or aryipment in «spume or this order can rem]a in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
aurumpod payment on the pad of the City of ran Collins. However, it is to he understood that FINAL
Seller and the Purchaser recognize that in actual cois practice, interchanges resulting froantitrust
emes ACCEPTANCE is dependent upon completion of all applicable required inspection preted,
violations art in but home by the Purchaser. Theremforeefor good cause and as consideration fin wounding this
purcose under, the Seller hereby auigas to the Purchaser any and .11 claims it may now have or hcrcafier,
Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins. CO 80522, unless
acquired under federal or move antitust laws for such overeorges relating to the particular goods or services
oWerwise specified on this order. If permission is given to prepay freight and change separately, the original freight
purchased or acquired by the purchaser pursmnt to this purchase order.
bill most accompany invoice. Additional charges for packing will not be rumpled.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Whom manufacturers have distributing points in varmus pads of the country, shipment is
Ifthe Purchaser directs hie Seller to contact nonconforming or defective goods by a date to be agreed upon by the
expected from the nearest distribution pond to destination, and excess freight will be deducted from Immice when
Purchmer and the Seller, and the Seller thereafter indicates its inabitty or unwillingness to comply, the Pushaur
shipments are made form greener distance.
may cause the work to M performed by the mast expealmoes means available to it, and the Seller shall pay all
costs a owimed with such work.
Permiu. Seller shall procure st sellers sole cost .11 necessary permits, certificates and ]it . required by all
applicable laws, rcgulalions, odimsnces and rulas of the sum, municipality, monthly or political subdivision where
The Seller shall release the Purchaser and its constraints of any has from all liability and claims of any nature
the work is performed, or required by any othet duly shorthand public authority having jurisdiction over the work
resulting from the perfmmantt of such work.
of vendor. Seller fuller agrees to hold she City of Fart Collins hmm]ess from all against all liability and loss
incanted by them by reason of an asserted or anguished violations of any such laws, regulations, mdirwtts, trades
This release shall apply even in the event of fault of negligence of the parry released and shall extend to the
and requirements.
directors, olfccrs and employees ofsuch parry.
Aut rmaction. All posies to this contract agree thin the representatives art, in fact, bow fide and possess full and
complete authority to bind said panic.
LIMITATION OF TERMS. This Purchase Older expressly limits acceptance to the terms and continuous sorted
herein set from and my supplementary or additional temp all conditions mormd hereto or incorporated batch, by
reference. Any additional or different terms all conditions prnpoed by seller x objected to all hereby rajas d.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immdimdy if you cannot mite complete shipment to active oa your
promised delivery date as noted. Time is ofbhe veramce. Delivery, and performance most he effected within the time
stated on the purthaze older and me docomcn s atuchd hereto. No acts of she Purchasers including, without
limn...., acceptance of panel late dclwerics, shall opemm as is waiver ofmis provision. In the event of any delay,
the Purchaser, shall have, in addition to rimer legal ad equitable ton suns, Re option ofilter, this odor elsewhcm
and holding Re Seller liable for damage. Howeveq the Seller shall n.a M liable for damages as is result of delays
due to causes rat reasonably fm¢m vile which am beyond its reasonable control and wimom its fault of negligcncq
such acts ofcod, acts ofcivil or military authorities, governmental priorities, fires, strikes, food. epidemic, wars or
hots provided that notice of the tnndaions 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, dre dam of delivery shall he
extended for the period extra] to the time actually lost by reason office delay.
3. WARRANTY.
The Seller watmnu Oat all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples soaker other desaiptiom given, will M It for the punpascs intended, and
Performed with me highest degree of cart and competence in accordance with accepted musical for work of a
,am]. nature. no Seller sprees to hold the purchaser harmless from any loss, damage or expense which to
Purchaser many suff m incur on account ofine Sellers breach of warmmy The Seller shall replace, repeit or make
good, without cast to the pmcoseq my defects or faults arising within one (I) year or within such longer perid of
time as may be prescribed by law or by the terms of any applicable warranty pmvidd by the Seller after the date of
templates of the goads fumisbad hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials fumishd by the Seller. Acceptance or use of goods by the Purchaser shall not
onatimte a waiver of any claim under this warranty. Except as othenwlse provided in this purchase order, she Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing worantics
or guarantees, but such liability shall in no event include lass of profits 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 temps by semen change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the mans, ,,her than legal terms, including additions 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 ofpcolmm usee hereunder, va rumudde adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by venues change order, terminate this Monsanto as to any or .11 Ructions of the
goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials than 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 consequential damage, and that no such adjustment be made in
favor of the Seller with respect to any goods which are the Sellers standard stock. No such mmrinmion shall oahave
me Purchaser or the Seller ofany oftheir obligations as to any goods delivered hereunder.
9. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days form the date the change or termination is
ordered
8. COMPLIANCE WITH LAW,
The Seller warrants ther all goods sold hereunder shall have been produced, sold, delivered and fumishd in strict
compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and
deliver such dotmmmu as may M 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 or
indemnify and hold the Purchaser harmless from all casts and damages suffered by the purchaser on, a mull of the
Sellers failure to eomply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the
prim... co. ofine other Forty.
ILTITLE.
The Seller warrants full, clear and amestricted tide to the Purchaser for all equipment, materials, and items Mashed
in perfomance of this agreement. face end clear of my and all liens, restrictions, reservations, security, interest
encumbrances ad cljo of others.
The Seuces communist obligations, including warranty, shall not M deemed to M restated. in any way, because
such work is performed or teased to W perfomrW by dre Pnuchaser.
14. PATENTS.
Whenever the Seller is required to use my design, device m+terial or process covered by lever, patent, bdemark
mpyrigbs, me Seller shall indemnify and save harmless the Purchaser from any and all claims for inin.,.,
by reason of the use of such patented design, device, matdW or process in connective with the contmed, and
shall indemnify the Purchaser for my cost, expense or damage which it may be obliged to Pay by reason ofmch
infringement at any time during the pmmcutlan or after the completion of the work. In case said equipment, or
any part thereof or the intended use of the goods, is in such suit held to constimm infringement and the use of
said compmcd or pan is enjoined, the Seller shall, m its own expense and at its optim, eider procure for the
Purchaser the right to continue using said equipment or ports, replace the some with substantially equal but
noninMng, equipment, or modify it so it becomes roninfringing.
15. INSOLVENCY.
If the Seller shot become insolvent or baresupt, make m assignment for the benefit of creditors, appoint a
receiver or eovme for any of the Sellers property or business, this under nay fonhwith M canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions oftema tad or me interpretation ofthe agreement all the fights of all pndia hereunder shall M
consmsed under and Seemed by the lams of the State ofColomdo, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Rurnmen.tive(s), on me premises ofdhers.
IT. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellefs own risk until the more is fully completed and accepted, and shall,
in Case of any accident destruction or injury W the work nndom materials before Sellars final completion and
...enamor, complete the work at Seller's own expense and tome satlsGctior of the Purchaser. When materials
and equipment art fumishd by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle same at the site and become responsible theref as Rough such materials andtor equipment
were being famished by the Seller ..der the order.
I B. INSURANCE.
The Seller shall, at his own expense, provide for the Paymmn of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase maker,
and/or to their dependents is at ... dares with the laws of the state in which the work is as be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contractual and automobile Public
liability insurance with bodily injury and death limits of at least 5300,000 for any one person, S500,000 for any
occident and property damage limit per accident of 5400,000. The Seller shall likewise require his
contractors, if any, to provide for such compenadon and insurance. Before any of the Sellers or his contractors
employees shall din any work upon me premises of others, me Seller shall famish the Pumhaser with a certificate
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 expires. The Seller agrees for such compensation all insurance shall M maintained until 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 and all damage, lass or injury ofary kind
r name wlemo ever to pernmes or property caused by or remhing from the execution of the wink provided for in
this purchase order of in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
r all of me Purchasers o(fccrs, agents and employees brain and against any and all claims, losses, damages,
charges or expenses, whether dried or indimet, and whether to Persons or property to which the purchaser may
be pm or subject by reason of my act, action, neglect, omission or default on the part of me Seller, any of his
comments, or any of the Sellers or contractors officers, agents or employees. In case my suit or other
proceedings shall M brought against the Purchaser, or its officers, agrees or employees at any, time on account m
by reason of my 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 agrees to assume the defense thereof and to
defend me tome an me Sellers own expense, to pay any and WI casts, charges, anomeys fees and Omer expenses,
any and 01 judgments mat may be, incurred by Or obtained against the purchaser or my of its Or their effect,
Menu or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
assumed against the pmpery of fire Purchaser, or said parties in or as a tomb of such suits or other poseadinge,
the Seller will at once cruse the same to be dissolved and ducorgd by giving bond or othenise. The Seller and
his contractors shall onto all safety Precautions, British and install all guards necessary for me prevention of
accidents, comply with all laws and regulations wins regard to safety including, but indoor limitation, the
Occupational Safety and Health Act of 1970 and all ntles and regulations issued pursuavt mambo.
Revised 07n014