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HomeMy WebLinkAbout281095 A-1 ORGANICS INC - PURCHASE ORDER - 9112138City of art Collins Date: 04/15/2011 PURCHASE ORDER PO Number Page 9112138 j 1 of 2 This number must appear on all invoices, packing slips and labels. Vendor: 281095 Ship To: PARK MAINTENANCE A-1 ORGANICS INC CITY OF FORT COLLINS 16350 WCR 76 413 S BRYAN EATON Colorado 80615 FORT COLLINS Colorado 80521 Delivery Date: 04/15/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 Wood Grinding 1 LOT LS 4,500.00 17 HOURS AT $800 PER HOUR WITH $250 TO MOB IN AND $250 TO MOB OUT. 2 NATURAL RESOURCES PORTION 1 LOT EA 9,600.00 Total $14,100.00 Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-0,1502. Federal Excise Tax Exemption Certificate of Registry 84.6(M587 is registered with the Collector of lntemnI Revenue. Denver, Colorado (Ref Colorado Revised Stabiles 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED Joe to failure to erect specifications, either when shipped or due to defects of damage in transit, may be retuned to you for credit and arc not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City effort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchasvr to insist upon strict performance critic terms and conditions hereof. failure or delay to exercise any rights or noun ies provided herein or by Inv, failure to promptly notify the Seller in the event of a breach, the aeeepti nec ofor payment for goods hereunder m approval ofthe design, shall not release the Seller Of my of the wamntics or obligations of this purchase order and shill not be deemed a onocr ofany right of the purchaser to insist upon strict performance herenfm any of its rights or remedies as to nny such goods, regardless of when shipped. received or neceptcd, as to any prior or subsequent default hereunder. nor shall any purported Onl modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection proeedums. violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B.. City of Fort Collins. 700 Wood St., Fan Collins. CO R0522, unless acquired under federal or state antitrust lasers for such overcharges relating to the panicalar goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the Original freight purchased or acquired by the Purchaser pars oat to this purchase order. hill must accompany invoice. Additional charges for packing will not be accepted. 13. PURC11ASf;RS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where numahcmmrs have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to cancer nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made form greater distance. may cause the work to be performed by the most expeditinns means available to it, and the Seller shall pay all cosy azcruintrd with nmh is Ork Permits. Sella shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory Or political subdivision where the work is perfumed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seiler funhcr agrees to hold the City of Fort Collins hi mkss firm 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. Authorization. All panics in this contract agree that the representatives ore, in fact, bona ride and possess fill and complete authority to bind said panics. 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 heem or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the mearce. Delivery and performance must be effected within the time stated on the purchase Order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this prevision. 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. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of ncc time when the Seller first received knowledge thereof. In the event crony 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 Seiler warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or ocher descriptions given, will be fit for the purposes intended, and Performed with the highest degree of care and competence in accordance with accepted standards for mark of a similar nature. The Seiler agrees to hold the purchaser Formless from any loss, damage or expense which the purchaser may suffer or incur on account of the Sellers breach of warm. my. The Seiler shall replace. repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be presribed by law or by the terms of any applicable warranty provided by the Seller liner the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver crony claim under this wamnty. Except as otherwise provided in this pumbanc order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing warranties or guarantees, but such liability shall in no event include loss offaral or IOss ofusc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS, The Purchaser may make changes to legal corns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the isms, other 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 ofperformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order. terminate this agreement as to any or all portions of the Small then not shipped, subject to any equitable adjustment between the panics 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 ofthc goods and/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any gads which am the Sellers .so ndnrd stock. No such termination shall relieve the Purchaser of the Seller ofany of their obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days firm the date the change or termination is ordered. R. COMPLIANCE WITH LAW, The Scllcr svamns that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods me subject. The Seiler shall execute and deliver such documents as may be required to effect or evidence compliance, All Urns and regrdations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference The Seiler agrees to indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Purchaser as a result Of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due of m became due hereunder without the prior arisen consent of Poe other parry. 10. TITLE. The Scllcr wamnts full, clearand unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement Gee and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seiler shall relearn, the Purchaser and its contractors of any tier fmm all liability and claims of any nature resulting fmm the performance of such work. This release, shall apply even in the event of fault of negligence of the party released and shall extend to the directors. officers and employees ofsuch parry. The Scllcr', contractual Obligations. including warranty. shall not be deemed to be reduced, in any way, because such work is performed or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Seller is requited to use any design, device, material or pmccss covered by letter, patent, trademark or copyright the SCBcr shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or pmecss in connection with the cnntad and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to ply by reason ofsuch infringement at any time during the prosecution or aficr 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 constitute infringement and the use of said equipment or pan is enjoined, the Seiler shall, at its own expense and at its option. either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfiringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the bcncfil of credimrs, appoint a receiver or trustee for any of the Scllcrs property or business. this order may fonhw i ill be ca ruched by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be construed under and governed by the laws ofthe State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellers Representativc(s), on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the wane is rally completed and accepted, and shall, in case army accident. destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expcnsc and to the ministration ofthe Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle snore at the site and become responsible therefor as though such materials and/or equipment were being Rimishcd by the Scllcr under the order. IR. INSURANCE. The Seller shall, at his own expcnsc, provide for the payment of markers compensation, including oeeupmionai disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The SCllcr shall also carry comprehensive general liability including. but not limited to, eontanchad and automobile public liability insurance with bodily injury and death limits of it least 5300.0m) for any one person. S500.060 for any one accident and properly damage limit per accident of 5400.000. The Seiler shill likewise require his contractors, if any, to provide for such compensation and Insurance. Before any of the Sellers or his contractors employees shall funny work upon the premises of onhcrs, the Seller shall punish the Purchaser with a cer ificnte that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such ecnificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be 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, loss or injury ofany kind or nature what weer to persons or property cursed by or resulting Form the execution ofthc work provided for in this purchase order Or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers offerers, ngcnts and employees from anti against any and all claims, losses, damages, charges or expenses, whether direct or indirect. and whether to persons or property to which the Purchaser may be put or subject by reason of nny acl, aclion, neglect. Omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any soil or other proceedings shall be brought against the Purchaser, or its nRecrs, agents or employees at any time on account or by reason of any 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 the same at the Sellers own expcnsc, to pay any and all casts, charges, attorneys fees and other expenses. any and all judgment that may be incurred by or obtained against the Purchaser or any of is or their nfficers. agens or employees in such suits or other proceedings, and in case judgment or other lien be placed upon ar obtained against the property of the Purchaser. or said panics in or as a result fsuch suits or other proceedings, the Seller will at once cattle the same to be dissolved and discharged by giving bond or othcry isc. The Seller and his contractors shall take all safety precautions fitmish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard In safety including. but mithmd limitation, the Occupational Safety and I Icalth Act of 1970 and all tideland regulations issued pursuant dicrdo. Revised 03/2010