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HomeMy WebLinkAbout117055 A 1 ORGANIC - PURCHASE ORDER - 9122680City of Fort Collins Date: 05/08/2012 Vendor: 117055 A 1 ORGANIC 16350 WELD CTY RD 76 EATON Colorado 80615 PURCHASE ORDER PO Number Page 9122680 tof2 This number must appear on all invoices, packing slips and labels. Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS Colorado 80521 Delivery Date: 05/08/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 15 hours of grinding 1 LOT LS 12,750.00 2 1 mobilization 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 1 LOT LS Total Invoice Address: $1 1,200.00 City of Fort Collins Accounting Department 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 Fan Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 93-W502. Federal Excise Tax Exemption Certificate of Registry 94-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and emditions hereof, failure or delay to Internal Rc%cnuc. Denver. Colorado (Rd. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies pmvided herein or by law. failure to promptly notify the Seller, in the event of. breach. the acceptance ofor payment for good hereunder or approval of the design, shall not release the Seller of Goods Rcjccied. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be mounted to you for credit and are not to be replaced except upon receipt of written pumbnscr to insist upon strict performance hereofor any of its rights or remedies as to ca y such goods, regardless since from the City of Fort Collins. of when shipped, received or nceeplcil, as to any prior or sabscgncnt default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate is a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. 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 Pon Collins. Hamevcr. it is to be understood that FINAL Sella and the Purchaser recapture that in actual economic practice. overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations are 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 Terns. Shipments must be F.O.B.. City of Fan Ccdlins, 7M Wood St.. Fort Collins, CO 80522. unless acquired under federal or state nntilrttst laws for such overcharges relating to the particular 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 pursuant to this purchase order. bill must accompany invoice Additional charges for packing will not be accepted. 3. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manuf cmrcrs have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct 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 from greater distance. may cause the work to be performed by the most expeditions 'Cars available to it, and the Seller shall pay all costs associated with such work. Pcmio. Seller shall province at sellers sale cast all necessary permits, eenificates and licenses required by all applicable Imvs. regulations, ordinances and riles of the state, municipality, territory or political subdivision %%here the work is performed, or required by any other duly constituted public authority having jurisdiction ocr the work of vendor. Scllcr farther agrees to hold the City of Fort Collins harmless Tom and against all Iiabiliry send Ins, incurred by them by reason of un asserted or established violation of any such laws, regulations ordinances. ntles and requirements. Andmrimtion. All panics to this contact agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the hems and conditions stated herein set forth and any supplementary or additional tans and conditions annexed hereto or incorporated herein by reference. Any additional ordilfcrcnt terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if yen cannot make complete .shipment to arrive on your premised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time ,stated an the purchase order and the documents attached herctn. No art; of the Purchasers including, without limitation, acceptance ofp timal late deliveries, shall operate as a waiver ofthis provision. In the event of any delay. the Parchaser ,hall have, in addition to other legal and equitable remedies, the option off luring 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 forcsecable which arc beyond its reasonable removal and without its L ash of negligence. such acts of Gad. acts ofcivil or military nuthoritics, grncromentai priorities, fires, strikes. Bond, epidemics, mars or riots provided that notice of the conditions causing such delay is given to the Purchaser w thin 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 for the period equal to the time actually lost by reason ofthc delay. a.WARRANTY. The Seller aarr m, that all good. articles, materials and work covered by this order will conform with applicable drawings, specification, samples and/or other descriptions given, will he fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a .similar nature. The Seller agrees to hold the purchaser harmless fmm any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Scllcr shall replace. repair ar 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 prescribed by lav%or by the hems ofany applicable warranty provided by the Scllcr n0er the done of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute. waiver ofany claim under this wamnry. Except as otherwise pmvided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamntics or guarantees, but such liability shall in no event include loss of pvatits or loss of use. NO IMPLIED WARRANTY OR MF.RCI IANTA BILD Y OR OF FITNESS FOR PURPOSE SI IALL APPLY. 4. CI IANGES IN LEGAL. TERMS. The Purchaser may make changes to legal ism.. by written change order. 5. CHANGES IN COMMERCIA L TERMS. The Purchaser may make any changes to the toms, Other than legal terms, including additions to or deletions fmm the quantities originally ordered in the specifications or drawings, by verbad tar written change order. If any such change affcets the amount due on the time ofperfomtance 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 goods then not shipped, subject to any equitable adjustment between the parties as to any work or material then in pmgness provided that the Purchaser shall not be liable for any claims for anticipated pmfits on the uncompleted Portion of the goods and/or work, for incidental or eon cquential damages, and that no such adiustmentt he made in favor of the Seller with respect to any gilds which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of flair obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or terminnion is ordered. R. COMPLIANCE WITH LAW. The Seller warnings 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 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 are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamdec From all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer. or convey this ordcr, or any monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Seiler ommrits full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement. free and clear of any and all liens, restrictions, reserynlims, .security interest cncumbrnnces and claims of others. The Seller shall release the Purchaser and its contractors of any her fmm all liability and claims of any nature resulting from the perfnrromme ofsuch work. This release shall apply even in tic event of fault of negligence of the party released and shall extend to the directors. officersand employees of such party. The Seller's contractual abiignliens. including wamnry, shall not be dremcd to be reduced, in any way, because such work is perforated or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required cause any design, device. material or process corcmd by letter. patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser fmm 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 shall indemnify the Purchaser far nny cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the pmsecutiun 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 to constitute infringement and the use of ,aid equipment ar pan is enjoined, the Seller shall, at its own expense and at its option. either procure far the purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noniniringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Self,, shall hecnnmc insdvcat or bankrupt, make an assignment for the hencfit of creditors, appoint a receiver or trustee for any of the Sellers property at business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions often... used ar the interpretation oflhe agreement and the rights ofall panics heramdcr shall be cnnstmed under and governed by the laws offl a Samof Colomdo, USA. The following Additional Conditions apply only in cases w'herc the Seller is in perform work hemanda. including the seniecs of Scllcrs Rcp escntativc(s), an the premises ofathcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the sxme is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the smisfaction of the Puroha cr. When materials and equipment arc furnished by others for installation or crcclion by the Seller, the Seller shall receive, unload. slate and handle same it the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 19. INSURANCE. The Seller shall, at his min expense, pmvidc for the payment of %corkers compensation, including occupational disease benefits. to its cmpdayces cntplayed an or in connection with the work corcrul 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 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 S300,000 for any one person. S500,(N10 for any one accident and pmperty damagc limit per accident of S400,000. The Seller shall likewise require his contractors. if any, to pmvidc for such compensation and insurance. Before any of the Scllcrs or his contractors employees shall do any work upon the Pre nri,es of others, the Seller shall famish the Purchaser with a certificate that such compensation and incomnce have been provided. Such certificates shall specify the date when such compenation and insurance have been pmvided. Such certificates 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 AGATNST ACCIDENTS AND DAMAGES. The Seller herchv a.socoms the entire responsibilityand liability for any and all damagc. Ins%or injury of any kind or nature whrNocver to persons or property caused by, or resulting from the cxecutimh ofthe work provided for in this purchase omen or in ca i" ion herewith. The Seller will indemnify mid hold harmless the Purchaser and any or ill of the Purchasers officers, .gems and employees from and against may and all claims, lasses, damages, charges or expenses, whether direct or indirect, and whether to persons or property In which the P.mhasm may be put or subject by reason of any act, action, neglect. omission or default on the pan of the Seller, any of his eanractors. of any of the Sellers or contractors officers, agents or employees. In ease any suit or other proceedings shall be brought against the Purchaser, or its olHcers, agent, ar 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 tar employees as i fewsaid, the Seller hereby agrees to assume the defense thereof and to defend the sine at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers. agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the pmperty of the Purchaser, or said panics in or as a result of such suits or other pmccedings, the Scllcr mill at once cause the same In be dissolved and discharged by giving bond or otherwise. The Seller and his contractors ,hall take all safety precautions, famish and install all gairds necessary for the prevention of accidenm comply with all laws and regulations with regard to safety including, but without limitation, the Omupolional Safetyand health Acl of 1970 and all rules and regulations issued punt.' thereto. Revised 03/2010