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HomeMy WebLinkAbout480487 RISING SUN FENCE & CONSTRUCTION LLC - PURCHASE ORDER - 9147110 (2)of Fort Collins Date: 12/29/2014 PURCHASE ORDER Vendor: 480487 RISING SUN FENCE & CONSTRUCTION LLC 1274 COLE RD CHEYENNE WY 82009 PO Number Page 9147110 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: DRAKE WATER RECLAMATION CITY OF FORT COLLINS 3036 ENVIRONMENTAL DRIVE FORT COLLINS CO 80525 Delivery Date: 12/29/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 3 Addendum to add funds per MWarren 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 EA 344.47 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 7 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fon Collins is exempt from War and local rasa. Our Exemption Number is 11. NONWAIVER. 98-04502, Federal Excise Tax Exemption Certificate of Registry 84fi000587 is registered with the Collector of Failure of the Purchaser to insist upon smut performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26,114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not relmu the Seller of Goods RetWed. GOODS REJECTED due to failure in meet specifications, either when shipped or due to def is of any of be warranties or obligations of Nis purchase order and shall not be deemed a waiver of my night of the damage in transit, may be rammed to you for credit and arc nor to be replaced except upon receipt of written purchase( to incur upon strict performance hereof W may of its rights W remedies as to way such goods, regardless transactions from be City of Fort Collins. of when shipped, received or accepted, as to any prior or moratoriums default hemundes, nor shall my puramaked Orel modification W rescission of this purehme order by the Purchase operate as a waiver of my of the acme Inspection. GOODS are subject to the City of Fort Collins inspectim on rival. ho aof. Final Amepance. Receipt of the merchandise, smicei or equipment in response in this order can mull in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be underswod that FINAL Seller and the Purchaser recognize but in gro al economic purchase, overcharge reading, room motion ACCEPTANCEis dependentupon completion ofall applicable required inspection procedures. violations are in fat home by the Purchaer."WrInfOre, for good cauu and as consideration for executing this pumb rm under, the Seller hereby assigns to the Purchaser any and all claims it may now have or hectare, Freight Terms. Shipments must be ROB., City of Fort Collins, 700 Wood St.. Fort Collins, CO 80522, unless acquired under redent or site -,a., laws for such overcharges relating to the particular goods or mrvicn otherwise specified on this order. Uper-amon is given to prepay freight and charge separately, the commit freight purchased or acquired by the Pufchasa parsumuo This purchase order. bill must accompany invoice. Addilowl charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OFSELLERS OBLIGATIONS. Shipment nibuting in various pans ho Whew manution m If Purchaser S cis the Sella ea by a date to be agreed upon by be nonconformingerrindicates or defedty avthe d ft. I voice wt an bee. d excess chimed from the erect distribution point to destination, and excess freight will be deducted from Invoice when Poi demi in ugoods ell"ct Purchaser the Seller thereafter indimte its mobility or unwillingness to complye the Purchaser Purchases and the Seller, and! shipments ere made from greater distmre. may cause ate work to ch performed by he most expeditions rearms available to it, and the Seller shall pay all p costs associated with such work. Perrion, Seller shall procure at sellers sole cost all necessary permits, cenificma and licenses required by all applicable laws, regulations, ordinance and rates ofthe stem, ammi pdiry, territory or political subdivision where the work is performed, or required by my other duly constimted public authority having jurisdiction aver the work Of vendar. Seller furthrr, amers to hold be City of Fort Collins barroom from and ispoul of liability and loss incurred by them by reason of an warned or established violation army such paws, regulations, ordlname, rates and o,ii.rats. Authovation. All panic to this contract agree that the nrpresenativas are, in frog born f& and possess full nand omplem authority to bind said pries. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms .,toimdiaims proposed by seller arc objected to and hereby jmad. 2, DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyau cannot make complete shipment to active on your promised delivery date as oared. Time is of the escnm. Delivery and performance most be etTerod within the time sated on the purchase order and the documents attached hereto. No acts of the Purchem including, without limitation, nceptma ofprial lire deliveries, shall tpema ns a waiver of this provision. In the even army delay, the Purchaser shall have, in addition to other legal and equitable remcties the option affording this cola elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damage as a result of delays due to causes not nmmnably fresreable which are beyond its reamnable control and without its fault of negligmre, such acts of God, acts ofeivil or military authorities, governmental pnonties, fires, strikes, rood, opidemie, wars or riots provided that notice Of the conditions causing such delay is given to the Purchaser within five (5) days of the for when the Seller first received knowledge thereof. In the event of my such delay, the date of delivery shall be extended for the period equal to the time armally lost by r,man ofthe delay. 3. WARRANTY. no Seller wamnts that all goods, article, materials and work covered by this order will conform with applicable drawings, specifnmuom, sample and/or be, descriptions given, will be fit for Ilrc purposes broader, and performed with the highest degree of care and campetrnre in accordance with mcrpted smrdards far work of is similar nature. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wranty. The Seller shall replace, repair or make good, without cost to the purchaser, my defects or Caul. arising within one (1) year or within such longer period of time re may be prescribed by law or by the terrns of any applicable womanly provided by the Seller after the date of acceptance of the goads famished hmaandm (acceptance not to be unreasonably delayed), resulting from imperfect or derecuve work done or materials removed by the Seller. Acceptance or we of good by the Purchase shall not constitute a waiver army, claim order, this warranty. Except as otherwise provided in this purchase ender, the Seller liability hereunder shall extend to all damages proximately caused by the bench of my of the foregoing warmra sties or gumavtms but such liability shall m no event include pass of profits an 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 arms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the arms, other than legal terms, including additions to or deletions from the quantities originally Word in the specifications or drawings, by verbal or writan change order. If any such change affects the amount due or the time ofperformuwe hereunder, za equitable adjustment dial be made. 6. TERMINATIONS. The Ponchom may at any time by wnuen conga miler, terminate this sportsman as Iw any or all pommus of the goad then not shipped, subject to my equitable adjustment belween the panic as to any work or materials then in program provided that the Purchases shall not be liable for any claims fro anticipated profits on the uncompleted portion of the goad and/or work, for incidental or consequential damages and that no such adjustment djuenm t be made in favor crow Seller with respect to mgoods which are the Sellers standard! stack. No such termination shall relieve the Purchaser or he Seller crony crown obligations as to any goad delivered lira under. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mast be assured within Nor, (30) days Imam the data the change or termination m ordered. 8. COMPLIANCE WITH LAW. The Seller warrants but oil goats sold hereunder shall have been produced, to. delivered and famished in Wool compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute 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 me hereby incorporated herein by this reference. The Seller agrees to indemnify and hold be Purchaser hamtless from all costs and damages mHered by to Purchases as a result of the Sellers failure a comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this under, or my monies due or to become doe lreremder without do prior written concern of the other Fry. 10. TITLE. The Seller wrants full, clan and communed title to the Purchaser for all equipment, nationals, and items furnished in performance of this agreement, free and clear of any and all liens, "'minims. Teen otions, security interest encumbrances and claims of whirs. The Seller shall release the Purchaser and its contractors of any her fain all liability and claims of my nature resulting from the performance of inch work. This release shall apply even in the event of fault of negligence of the party reimand and shall extend to the directors, officers and employee of such party. The Stilels contractual Obligations, including womanly, stall not be deemed to be redread, in my way, because such work is performed or rowed to be performed by the Purchaser. 14. PATENTS. Whenncrr the Seller is rquirM to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify und mve hmmles the Purchaser from any and all claims for infringement by rtasog of the use of such patented design, device, material or process in connection with the contract, road shall indemnify the Purchases for my cost, expense or damage which it maybe obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held ra constitute infringement and he ue of said equipment or pan is joined, the Seller shall, at its own expense end at its crown, either procure for the Purchaser the right to continue using said equipment or pans, replace the sane with sulamear ally q.I but mmninGnging equipment, or modify it an, it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt, make an assigamenl for the benefit of creditor, appoint a or trustee fit any of the Sellers properly or bummers, this order may forthwith be canceled by the Purchaser without liability. I& GOVERNING LAW. The derwdons of gems coed W the brarprodoglwn of sire agreement and the rights ofall pries besmrder shall be contained under and governed by the laws ofth, Stare of C.Imad., USA. The following Additional Conditions apply only in cases when the Setter is to pert work bermnder. including the smite of Sellers Raonesenative(s), on the premises orations. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on mid work at Sellers own risk writ the same is fully completed and accepted, and shall, in rase of any accident, destruction or gunny to the work awl/or materials befom Sailors final completion and acceptance, complete the work at Sellers own expenr and a the adumbration of the Purchaser. When mmenau and equipment are fiamished by others for installation or motion by rue Seller, the Seller shall receive, unlmd, store and handle same at the site and become, responsible therefor as though such materials and/or equipment were being fmished by the Seller under the wrder. 18. INSURANCE. The Seller shall, at his own expense, provide for the Wymmt of workers compensation, including occupational disease benefits, to its employees im played on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the sate in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contactual and automobile public liabiliy insurance with buddy injury and death limits of at least $3UgGnr for any one permm, S500,000 for any one accident and progeny damage limit per accident of S400,000. The Seller shall likewise require his countmctow, if any, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shell do any work upon tbe premtses of others, the Sella shall furnish da Purchases with a cenifmte not such conformation and insurance have been provided Such mrufivates shall alacrity the due when such compensation and insurance have been provided. Such c,i fern still specify the date when such compensation and insurance expire. The Seller agrees but such compensation and insurance shall a maintained until after the entire work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby sssuma the entire responsibility and liability for any and all damage loss or injury of any kind Or mature whatsoever to prom Or pmpmy caused by in resulting from the aeration of the work provided for m this purcos, order or in connection henwith. The Sella will indemnity and hold bmmless the Purchase and my W d1 of the purchasers aflicm, agents and employees firm and against my and all claims loses, damages, charges or Bt ex,xvi a whome� Wagner, a finer, scd so whether a persons or poperry to which the Poncosa may the put or J Y of my xg, action, nO l«+, omissim or default on the pan of the Seller, any of his contactors, or my of the Sellers or corrosion officers, agents or employees. In now my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at my time on account or by reamn of any act, action, neglect, omission or default of the Seller of any of has commnors or my of its or their officers, agents or employees As aforesaid, the Seller hereby agrees to assume the defense doctor and to defend be same at Seller own expense, to pay any and all costs, charge, attorneys fees and oiler exigencies. any rod all judgments that may be incurred by or obtained against be Purchaser an my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other aim be placed upon or al ainN agalnat the property of the Porcheer, m said pasties In W as a taut. orsuch suits or Other proceedings, dire Seller will at once rouse the score to be dissolved and discharged by giving bond an otherwise. The Sella wall his contactors shall take all mdWr grermtiam, Nmish and pool[ all guard necessaay for me pmention of accidents, comply with all laws and regulations with regard no rarely including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursmnt thereto. Revised 072014