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HomeMy WebLinkAbout454406 BIOHABITATS INC - PURCHASE ORDER - 9147310Fort Collins Date: 12/10/2014 Vendor: 454406 BIOHABITATS INC 2081 CLIPPER PARK RD BALTIMORE MD 21211 PURCHASE ORDER PO Number Page 9147310 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: 12/10/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price i Work Order 2014-1992 Per work order 2014-1992 Post Construction Final Survey for LOMR 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@fogov.com 1 LOT LS 23,020.00 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 Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemplars. By statute the City of Fort Collins is exempt from state and local mass. Our Exemption Number is I L. NONWAIVER. 98-04502. Federal Exckst Tax Exemption Cmifcam of Registry 84fi000587 is returned with the Collector of Failure of the purchaser m iotht upon strict performance of fe terms and aatitions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Raised Sutotes 1973, Chapter 39-26, 114 (of exercise my rights or rommics pmaJlaJ heroin or by law, failure m promptly notify the Seller in the event of a breach, the accordance afar payment far goods Masticator or approval of the design, shall riot M. the Seller of Goods Rejected. GOODS REJECTED due to failure to men specifications, eifa when shipped or due to defects of my ofthe wmmnn. or obligations of this purchase order and shall at he deemed a waiver of any eight ofthe damage to aemir, may be returned to you for credit and arc not to be replaced except upon receipt of wrinen purchase to insist upon stria performance hereofor any dits right or remedies as to any sucM1 gads, regardless instructions from the City of Fort Collins. of when shipped, received in accepted, as to any prior or subsequent default hereunder. nor shill any purported coal modification or rescission of this purchase order by the Pmchoser operate as a waiver crony ofthe terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Accordance. Receipt of the merchandise, services or equipment in response to this order canresult in 12. ASSIGNMENT OF ANTITRUST CLAIMS, pa authorized payment on the n of the City of Pon Collins. However, d is to be understood thatFINAL Seller and the Purchaser recognize that in normal economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable requitalaser. inpection p cesdures. violations me in fact home by the PurchTheretoforenfor good cause and as consideration for executing this Purchase order, the Sella hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Toms. Shipments must be F.O.B., City of Fort Collins, 200 Wood St., Fan Collins, CO 80522, unless acquired under federal a sme bums, laws for such overcharges relating to be particular goods or services otherwise specified on this order. If permission is given to prepay fight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must.company mvawc. Additional charges for packing will not be accepted 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where ..i.e. have disviburing points in varrime, pans of the ammry, shipment is Ifthe Purchases darters the Seller to anew noncon.i, or defective goods by edam lm be agreed upon by the expected from the contest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and fie Seller, and the Sella thereafter indicates its inability or unwillingness or comply, the Forebear shipments a made from greater dismae. may cause the work to be performed by the man expeditious memo available to it, and the Seller shall pay all casts associated with such work. perms. Seller shall procure at sellers sole cost all necessary permit, certificates and licenses required by all applicable laws, regulations, calmness and roles of the sure, municipality, territory or Political subdivision where the work is performed, or required by tiny other duly comtimkd public authority having jueisdieion over the work of vendor. Sella further agrees an hold the City of Fort Collins hannloss from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. A ffimmnion. All parties to this contract agree that the oprosenmtiles are, in fact, bona fide and possess full and complete authority to and said pm i,. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the rums and conditions stated herein set forth and my supplementary or additional terra and conditions amexed hereto ar incorporated heroin by reference. Any additional or differed menu and condiuom proposed by seller me objected to and hereby rejeud. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to strive on your promised delivery date as noted. Time u ofthe esarna. Delivery and performmtt must be effected within the time stated on the purchase order and the documents attached hereto. No acts of be Purchasers including. without limitation, acceptance of panel Into deliveries, shall operate as a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. I lowuvcr, the Seller shall not be liable for damages on a each of delays due to causes not reasonably foreseeable which ere beyond its reasonable control and without its fault of negligence, such as of Gad, oat of civil o military authorities, goveramental priorities, fires, strikes, flood, epidemics, wars or Has provided that notice of the conditions causing such delay is given W the Purchases 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 fur the period equal to the time actually last by Toomm ofthe &lay. 3. WARRANTY. no Sella warrants that all goad, articles, materials and work covered by this order will conform with applicable drawings, specifications, somples and/or other daniptiom given, will be fit for the purposes amended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar to. The Sella agars to hold the purchaser barred. from any loss, damage or expense which the Purchaser may oaIT,., roam on xcount ofthe Sellers breach of womaty. The Seller shall replstt, repair or make good, without cost to the purchman, any &feces or faults arising within one (I) your or within such longer period of time as may be prescribed by law or by the terms ofany applicable smarmy provided by be Seller afterthe date of acceptance of the goods famished hereunder (acceptance not to be ummwnably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchmer shall rut accurate a waiver or any claim under this warranty. Except as otherwise provided in this purchase other, the Sellers liability hereunder shall extend In all damages proximately caused by the breach of any ofthe foregoing wvrrmries err guenndecs, but such liability shall th no out include loss of profits or loss of rise. 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 Purchaa may rake any changes to the terms, other than legal terms, including additions to or deletinm from the quantities originally ordered in the specifications or drawings, by verbal or women change order. If any such change affect the amount due or the time ofpuformance hereunder, an equitable adjsurant shall be made. 6. TERMINATIONS. The Purchaser may at any time by women change oiler, laminae this -personal az to any or all partiam of the goods then nor shipped, subject no any equitable adjuammr Mxxcn the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipneed profits on the streamlined portion ofthe goads am ar work far incidental Or comw3ventisl damages, and toot no such adjustment be made in favor of the Sella with Marvel to any goods which are be Sellers summit stock No such termination shall relieve the Purchaer or the Seller ofany ofNeir obligations as to my goods delivered heremder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the dote the change or taminmicn is ordered. 8. COMPLIANCE WITH LAW. The Seller warrant that sll gaols said hereunder shall have been produced sold, delivered and fumishal in stein compliance with all applicable laws and regulators to which the goods are subject The Seller shall execute and deliver such document az may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreement of this character art baby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all cost and damages suffered by the Purchzaf as a result of the Sellers failure as comply with such law. 9. ASSIGNMENT. Neither parry shall assign, another, of convey this order, or my tames due or to became due hcreundo without be prior sum en consent ofthe other parry. 10. TITLE. The Sella ...Is full, tea aid umestiicted title to the Purchaer for all equipment, matcrids, and it. furnished in performance of this agreement, f and clear of any and all lions, restrictions, reservations, security interest encumbrances and daims of m six. The Seller shall release the Purchaser and its otmersa rs of any for firm all liability and claims of any cone resulting Goan the peen rmance of such work. This release shall apply even in the event of fault of negligence ofthe any released and shall extend to the directors, officers and employees of such pray. Ile Seller's contractual obligations, including warranty, shall not be deemed to he reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14, PATENTS. Whatever the Seller is required to use any design, device, material or Process covered by letter, patent mademark r copyright, the Sella shall indemnify and save harmless the Purchaser tram any and all claims for inGng—oral by reason of the use of such Imaged design, deace, material or process is comeaimi with the contend, and shall indemnify the Purchaser fro any ecot, expense or damage which it may be obliged 0 pay by reazun of such infringement at my rime during the prosrmlion or after the completion ofthe work. In com, said equipment, or any pan daraf a the intended use of the good, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Sella shall, at its own expense and at its option, either pantie for the Purchaser fire right to continue using said equipment or part, replace qre same with substantially equal but aninGnging equipment, or modify, it so it becomes noninfringing. 15. ]INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an tesigmnent for the benefit of creditors, appoint a ficeiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms usd or the interpretation ofthe agreement and the eights ofall paries hereunder shall be committed under and govemd by fie laws ofthe State ofColomdo, USA. The following Additional Conditions apply only in cases where the Sella is to K. wok hereunder, including the service, ofSelmrs Re mw=rivgs), an thc premises ofodurs. IJ. SELLERS RESPONSIBILITY. no Seller slsall any on said wok at Seller's own risk until the same is illy completed and accepted, and shall, in se of any accident destruction or injury to the work andfm materials bet Sellers fool completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When mmmals and equipment ate fumuhd by others for installation or erection by the Seller, the Seller shall receive, oNoad store and handle same al the vra and became responsible therefor as though such mmmals and., equipment were being fmished by the Seller Malabo arder. 18. INSURANCE. The Seller shall, at his own expense, 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 purchase arder, aMfor to their dependent 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 habdi, insurdnee with bodily injury end death limits of at least 90(j),000 for any one Person, 5500,00a for any raw accident and property damage limit per accident of S400,000. The Seller shall likewise require his comirsomm, if any, ro provide for such eomperwrion unit insurance. Before any of the Sellers or his on... employees shall do any work upon the premium of others, the Sella shall furbish the Parchaser with a ttrrificme that such compensation and insurance have been prosided. Such cerfficata shall specify the elite when such compersarion and ineunnce have been provided. Such cenifmtes shall specify the elm when such compensation and insurance expires. The Seller agrees that such compensation and moment shall be maintained and after the entire work u ecmpind eat acoopted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the mlire resFeasibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to Persons or prop try caused by or resulting from the execution ofthe work provided for in this purchase arder or in connection herewith. The Sella will indemnify and hold hmmlem the Purchaser and any r all of the Purchasers officers, agent and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Parch— may be put or subject by reason of my act, action, neglect, omission or default on the part ofthe Sella, my of his contractors, or any of the Sellers or contractors officers, agent or employees. In case any suit or other proceedings shall he brought against the Purchase, or it officers, agents or employees at my time on mount or by reason of any act, anion, neglect, omission or default of the Sella of my of has contractors in my of its or their Mo., agent or employees as aforesaid, the Sella hereby agrees to assume be &ft. thnmf and to defend the same or the Sellers own expense, to nay any and all cost. charges. macro ys fines and other expansion, my and all judgment but may be incurred by or obmmed against be Purchaser or my of it or their oRcet, agcot or employees in such suit or ores proashri s, and in case judgment or other lion bo pbacd upon or dmawd against the property, of the Puaboxam, Or said parties in or as a mull of such its or other pmaedings, to Seller will ed race cause the same to be dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall take all nfcy prmantions. famish and usual[ all guards necessary, for the precamm of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all ales and regulation issued pursunnt there.. Revised 07a014