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HomeMy WebLinkAbout129302 HAGEMAN EARTH CYCLE - PURCHASE ORDER - 9121867PURCHASE ORDER PO Number Page Citr of 9121867 , of 2 Fo t Collins This number must appear on all invoices, packing slips and labels. Date: 03/29/2012 Vendor: 129302 HAGEMAN EARTH CYCLE 3501 E PROSPECT RD FORT COLLINS Colorado 80525-9774 Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS Colorado 80524 Delivery Date: 03/29/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price ' 4Eictended Ordered Price TREE BRANCH GRINDING AT 1 LOT LS 47,520.00 HOFFMAN MILL SITE PER TERMS AND CONDITIONS OF BID 7353 AND AGREEMENT DATED 3-29-12 Total $47,520.00 C3. Oi'le:s2� 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 Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Invoice Address City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Tcrms and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By suede the City of Fon Collins is exempt form state and local taxes. Our Exemption Number is 98-0/502. Fedrral Excise Tax Exemption Certifimte of Regina, 84-OW587 is registered with the Collector of Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goods Rcjecmd. GOODS REJECTED due to failure m men specifications, either when shipped or dire to defects of damage in transit. may be ravened to ,you for credit and arc not to be replaced except upon receipt Of wrinen instructions from the Citv affect Collins. Inspection. GOODS arc subiccl to the City ofFart Collins inspection ern arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof. failure Or delay m exercise any rights or remedies provided herein or bylaw. failure to promptly notch, the Seller in the event of a breach, the acceptance of or payment for good hereunder of approval of the design, shall not release the Seller of any of the wxmnims or obligations of this purchase order and shall not be deemed a sea ivcr of any right of the purchaser to insist upon strict performance hereof or any of its rights or remedies as to anv such goods. regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall nny purported am modification or rescission of this purchase order by the Purchaser operate as a ugiver of any of the terms hcoof. Final Acceptance Receipt of the merchandise, services Or equipment in response to this order can resull in 12, ASSIGNMENT OF ANTITRUST CLAIMS, nuthodmd payment on the pan of the City of Too Collins. However, it is to he understood that FINAL Seller and the Purchaser recognize that in refund economic practice overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations arc in fact borne by the Purchaser. Theretofore, for and cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it nary now have or hcrcafcr Freight Terms. Shipments most be F.O.B., City of Fort Collins. 700 Wood Sc. Fog Collins, CO 80522. unless acquired under federal or state anliuust laws for such overcharges relating to the Particular goods Or srrviceS othcnyise specified an Ibis order. li permission is given to prepay freight and charge separately. the original freight purchased or acquired by the Purchawr pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted form la oicc when shipments arc made from greater distance. Permits. Seller shall procure at scliees sOle'cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the slate, municipality, territory or political subdivision where the work is perfnmcd, or required by any other duly constituted public authority having jurisdiction over the ,cork Of vendor. Seller further timers to hold the City of Fort Collins harmless Eager 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 requimmrnts. Authorization. All panics to this contract more that the representzlives Are. in fact, bona fide and possess full and complete euthoriry to bind said piartim LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the toms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed halo at inempomicd herein by reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive Oa your promitcd delivery date as noted. Time is ofthe corner. Delivery and performance must be effected within the time stated on the purchase order and the documents enriched hereto. No acts of the Purchascra'including. without limitation, acceptance ofpartial late 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. However, the Sella shall not be liable for damages as a result of delays due to causes not masnnably forescmbic which arc beyond its reasonable control and Withoot its fault of negl igcnec. such acts of God. acts of civil or military authorities, govcrmenml priorities, fees, strikes food, epidemics. wars or tints provided that notice of the conditions musing such delay is given to the Purchawr within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of dcl ivory shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seiler warnings that all goods, articles, materials and work covered by this order Will conform With applicable drawings, specifications, samples and/or other descriptions given, will he fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar mume. The Seller agrees to harmless old the purchaser harmless front any loss, damage or expense which. the Purchaser may suffer Of incur on account gf the Scllec., breach ofwamnty. The Scllcr shall replace, repair or make good. wiflm cast to the purchaser. any defects err faults arising within one (I) year or within such longer period of time as may be prescribed by law err by the tans ofony applicable warranty provided by the Seller after the date of acceptance of the grad famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done of materials furnished by the Seller. Acceptance or taw of goads by the Purchaser .shall not c... time a waiver ofony claim under this ..am. Except as chemise provided in this purchase order, the Sellers liability hereunder shall cxicnd to all damages proximately mused by the breach ofanv of f is foregoing Wamnties or guarantees, but such liability shall in no event include loss ofpro0ts at loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. A. CHANGES IN LEGAL TERMS. The Purchaser may make changes to lepal terms by written change older. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tans, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or donyings. by verbal or wrinen change order. If any such change affects the amount due err the time ofperfamanee hereunder. an equitable adjustment shall be made. 6. TERMINATIONS, The Purchaser may at any time by wrnen change order. terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work err materials then in pragrese provided that the Purchaser shall not be liable for any claims for anticipated profits on the coconut portion of the goods and/or work. for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which arc the Sellers standard stork. No such termination shall relieve the Purchaser or the Seller ofanv ofthcir obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Anv claim for adjustment must be asserted within thin (30) days from the date the change or termination is ordered. F. COMPLIANCE WITH LAW. The Seller wamnts that all good Sold hereunder shall have been produced. sold. delivered and fumishcd in strict compliance with all applicable laws and regulations to which the goods ore subject. The Seller shall execute and deliver sash dom meets as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser homeless from all costs and damages suffered by the Purchaser ns u result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither ratty shall assign, transfer. or Corey this order, or any monies due or to become due hereunder without the prior written consent of the other par. 10. TITLE. The Seller wamnts full, clear and unrestricted title to the Purchawr for all equipment. materials. and items famished in performance of this agreement. free and clear of any and all liens, restrictions mscnations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthc Porchowr directs the Seller in correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter, indicates its inability munwillinguess 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 crisis associated with such work. The Scllcr shall release the Purchaser and its contractors of anv tier from all liability and claims of any nature resulting from the performance attach work. This release shall apply even in the event of fault of negligence of the pant relented and shall extend to the directors, of cco and employees ofsueh party. The Seller's contractual obligations, including wamnry, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 1 ' 14. PATENTS. - Whenever the Seller is required to use any design, device, material or proccue covered by letter, patent, trademark ry copyright. the Selicr 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 process in connection with the contract. and - shell indemnify the Purchaser for or• cost, expense or damage which it may be obliged to pay by reason ofsueh infringement at any time during the prosecution or after the completion rrlthe Work. In case said equipment, or any part thereof or the intended use of the good& is in such suit held to constitute infringement and the use of said equipment at pan is enjoined, the Scicr shall. at its own careful, and at its option, either pursuer for the Purchases the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becamcs nnninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the bcamfid of ercdhom. appoint a receiver or roster for any of the Sellers property or business. this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions afterms used or the iawrPmlation ofthe airmoinent and the rights of all panics hereunder shall be construed under and I m•cmcd by the laws of file Slate of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work_ hereunder, including the sen cos of Scllcrs Represennolve(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall cam' as said work at Seller's own risk until the .same is fully completed and accepted, and shall. in caw of anyaccident, destructionor injury in The Work and/or materials before Seller's final completion and acceptance. complete the wed: at Settees own expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by others for installation or moction by the Seller. the Seller shall receive, gained. store and handle same at the site and become responsible Therefor as though such materials and/or equipment wac being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational 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 he done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability in tomnce With bodily injury and death limits Of at Icast $300.000 for Any one person. S500,000 for any one accident and pmimr damage limit per accident of S400.000. The Seiler shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers at his Munitions employees shall thorny work upon the premises of others. the Scllcr shall furnish the Purchaser with a ecrtifcarc that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance hoe been provided. Such eenifieams shall specify the dam Ohre such compensation and insurance expires. The Scllcr agrees that such compensation and insurance shall be maintained until a0cr the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hacbv assumes the entire responsibili y and liability for any and all damage, loss or injury ofony kind Or nature whatsoever to IxesOns or proper' caused by or resulting from the execution of the work pmvidcd for in this purchase order or in connection herewith. The Seller will indemnify and hold homeless the Pumhawr and any or all of the Purchasers officers. agents and employees from and against any and all claims, losses, damages. charges or expenses, whether direct or indirect, and whether to persons or proper to which the Purchawr may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Scllcr, any of his contractors, or any of the Sellers ar contractors ofie<rs, agents or employees. In case any suit or other rrocecdings shall be brought against the Purchaser, err its officers. agents or employees at any time on account at by reason of any act. action, imptecl. omission or default of the Seller of any of his contractors or env of its Or their ofiiecas, agents or employees as aforesaid. the Seller hacbv agrees to assume the defense thereof and to defend the same at the Sellm over expense, in pay any and all costs, charges, aflumcys fees and other expenses. any and all judgments that may be incurred by or obtained against the Pumhawr or any of its or their oficcrs, agents err employees in such suits or nflum proceedings, and in case judgment or other lien be placed upon Or Obtained against the property of the Purchaser. or said parties in or as a result ofsuch suits or other pmecodings, the Seller will at Once cause elm saute to be dissolved and discharged by giving bond or o9mmise. The Seller and his mnreciors shall take all Safety precautions, furnish and install nil guards necessary for the prevention of accident. comply with all laws and regulations with regard to Safcry including, but without limitation, the Occupational Safety, and Health Act of 1970 and all rules and regulations issued pursuant thercm. Revised 0112010