HomeMy WebLinkAbout126043 AMERICAN PRIDE CO-OP - PURCHASE ORDER - 9123161PURCHASE ORDER PO Number Page
City/ Of 9123161 1 of 2
`t This number must appear
Collins1 on all invoices, packing
slips and labels.
Date: 05131/2012
Vendor: 126043 Ship To: PARK MAINTENANCE
AMERICAN PRIDE CO-OP CITY OF FORT COLLINS
55 W BROMLEY LN 413 S BRYAN
BRIGHTON Colorado 80601-3025 FORT COLLINS Colorado 80521
Delivery Date: 05/30/2012 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Turf Fertilizer Spring App. 1 LOT LS 22,959.07
per email dated 4-16-12
Cam, c3. 0'✓�2 �
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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
Total $22,959.07
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terrns 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 ISxcmption Number is
99-fW502. Federal Excise Tax Excerption Certificate of Registry 84-0000587 is registered with the Collector of
Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39--26. 114 (a).
Goods Rejected. GOODS REJECTED due to failure to racerspecifications, either whim shipped or due to defects of
damage in transit, may be mounted to you for credit and are not to be replaced except upon receipt of Written
instructions great the City of Fort Collins.
Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival.
I I. NONWAIVER.
Failure of the Purchaser to innist upon strict performance of the toms and conditions hereof. failure Or delay to
exercise any rights or remedies pmvidcd herein or by law. failure to promptly notify the Seller in the event of a
breach, the acceptance ofor payment for goad hereunder or approval of the design, shall not rcicasc the Seller of
any of the rvamntics or obligations of this purchax order and shall not be deemed a waiver of any right of the
purchaser to insist upon strict performance hereof or any of its rights or rcmed ics as to any such gand,. regarmesz
of when shipped, received or accepted. as m any prior or sul scqucnl default hereunder, nor shall any purposed
omI modification or rest, ission of this purchase order by the Purchaser operate as a waiver of any of the tans
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 nndcrsuwd that FINAL Seller aad the Purchaser recognize that in actual economic practice, overcharges resulting froni antitrust
ACCEPTANCE is dependent upon completion ofall applicable required inspection precalures. violations are in fact borne by the Purchaser. Therein( m. for good cause and as consideration for executing this
purchase order, the Seller hereby assigns in the Purchaser any and all claims it any now have or hereafter
Freight Teats. Shipments must be F.O.B., City of Fort Collins, 700 Word Sr. Fort Collins CO 80522, unless required trader federal or state antitrust Imes for such overcharges relating to the particular goods or services
otherwise specified on this order. If permission is given to prepay freight and charge sepanicly, 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.
13. PURCHASERS PERFORMANCE OF SELIXRS OBLIGATIONS,
Shipment Distance. Where manufacturcrs 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 front Invoice when Purchaser and the Seller. and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments am nude from greater distance. may cause the work to be perforated by the must expeditious means mailable to it and the Seller shall pay all
costs associated with such work.
Permits. Seller shall parterre at sellers sole cost all necessary permits, certificates and licenses required by all
applicable Imes, regulations. ordinances and rules of the state, municipality, herritery or political subdivision where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fort Cnllins harmless from and against all liability and loss
incurred by them by reason of an asserted or established violation of any such Imes, reynilations, onlimomcs, rules
and requircor s.
Aullmrintion. All panics to this contract agree that the representatives are. in fact, bona fide and possess full and
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order capoessly limits acceptance to the tans and conditions stated
herein set forth mad any supplementary or additional terms and conditions annexed hereto or incorpnnted herein by
reference. Any additional or different tans and conditions prxposcd by seller are objected mind hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive tan you
Promised delivery date as noted. Time is of the essence 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 ofpanial late deliveries, shall operate as a waiver ofthis precision. In the event ofanv delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplocing 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 ofncgligence,
such acts of God, acts ofcivil or military mnhontics, 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 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 of The delay,
3. WARRANTY.
The Seller warrants that all good, articles materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for The purposes intended, and
"formed with the highest degree of care 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 wamnty. The Seller shall reldrec, 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 prescribed by law or by the tans ofany applicable wamnty provided by the Seller after the date of
acceptance of the goods furnished hereunder (accepance 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 a waiver ofany claim under this wamnty. Except as otherwise pmvidcd in this purchase order, the Sellers;
liability hereunder shall extend to all damages proximately caused by the broach of any of the foregoing wammics
or guarantees, hit such liability shall in no event include loss ofpmfits or loss of use NO IMPLIED WARRANTY
OR MFRCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
d, CHANCES IN LEGAL. TERMS.
The Purchaser may make chances to legal emus by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions fmm
the quantities origirelly ordered in the spccifwrier, or drawings. by verbal or written change order. If any such
chance affects the amount due or the time ofperformance hereunder, an equitable adjustment shall he made.
fi. TERMINATIONS.
The Purchaser may at any time by written change order, teminatc 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 materials then in
progress pmvidcd that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
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 am the Sellers standard stock No such termination shall relieve
the Purchaser or the Seller affinity of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the date the change it termination is
ordered.
R. COMPLIANCE WITH LAW.
The Scllcr w'amnts that all goods sold hereunder shall have been produced. sold. delivered ,ad fumished in strict
compliance with all applicable laws and regulations to which the good am 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 Purchaur harmless from all costs and damages Suffered by the Purchaur as a result of the
Scllcrs failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, inn Ice or convey this order, or any monies due or to become due hereunder without the
prior written consent of the other party.
10. TITLE.
The Seller wamnts full, clear and unrestricted tide to the Purchaur for all equipment, materials. and items furnished
in perfomtanec of this agreement. free and clear of any aad all liens, restrictions rescrcatimis, .security interest
encumbrances and claims of others.
The Seller shall release the Purchaser and its contractors of any tic, from all liability and claims of any nature
resulting fmm the performance ofsuch work.
This release shall apply even in the event of fault of negligence of 0m party released and shall extend to the
directors, affects and employees ofsuch party,
The Seller's contractual obligations, including wamnty, shall not be deemed to be reduced. in any way. because
such work is perfumed or caused in be performed by The Purchaser.
Id, PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark
or copyright. the Seller shall indemnify and sm'c harmless the Purchaser from any and all claims for infringement
by reason of the use of such rawntcd design, do icc, material or process in connection with the contract, and
shall indemnify the Pnrcle set for any cost, expense or damage which it may be obliged to pay by reason of such
infringement it 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 grads, is in such suit held to constitute infringement and the use of
slid equipment or pan is enjoined. the Seller 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 some with substantially equal but
noninfringing equipment, at modify it so it becomes nnninfringing.
15. INSOLVENCY.
If the Scllcr shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
receiver or routes, for any of the Scl Ices property or busi ress, this order rimy farthsi th be cancc led by the
Purehnscr wirheut 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 ofthc State of Colorado. USA,
The following Additional Conditions apply only in eases .where the Seller is to perfomr work hereunder.
including the scr'ices of -Sellers Repmsentative(s), on the Premises of ethers.
17. SELLERS RFSPONSIBILITY.
The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall,
in case of any accident, destruction or injury to the work and/or nmtcrink before Sciler's fatal completion and
acceptance, complete The work at Sellers own expense and to the satisfaction of the Purchaser, When materials
and equipment am furnished by others for installation or erection by the Seller, the Seller shall receive, unload.
store and handle same at the site and become responsible therefor as though such materials and/or equipment
were being furnished by the Seller under the order,
I R. 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 covcrod by this purchase order.
and/or to their dependents in accordance with the laws of the state in which the work is in he done The Seller
shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of at (cast S100,000 for any one person, 5500.000 for any
one accident and pmNrty damage limit per accident of S400.000. The Seller shall likewise require his
contractorsif any, to provide for such compensation and insurance. Before any of the Scllcrs or his contractors
employee, shall do any work upon the premises of others, the Seller shall Finnish the Purchaser with a certificate
that such compensation and insurance have been pmvidcd. Such certificates shall specify the date when such
mmpensanno and insurance have been pmvidcd. Stich certificates shall specify the date when such compensation
and insurance expires. The Seller agrees That .such compensation and insurance shall he 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 far any and all dxnmge. loss or injury, ofany kind
or nature whatseever In persons or property caused by or resulting front the execution of the stork pmvidcd for in
this purchase order or in connection herewith, The Seller will indemnify and hold harmless the Purchaser and any
or .11 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 property to Which the Purchaser may
he put or subject by reason of any act, action, 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 suit or other
proccolings shall be brought against the Purchaser. or its officers. agents or employees at any time on account or
by reason of any am, action, neglect, omission or dcfmdt of the Seller of any of his contractors or any of its or
their ofTTeers, agatts or employees as zforcmid, the Seller hereby agrees to assume the defense flay col'and to
defend the same at the Sellers ones expense, to pay any and all costs, charges, attorneys fees and other expenses,
any and all judgments that may be incurred by or obtained again.,, the Purchaser Or any of its or their officers.
,agents or employees in such suits tar other proceedings, and in case judgment or other lien be placed upon or
obtained against the property ofthe Purchaser. or said parties in or is a result ofsuch suits or other proceedings,
the Seller will at once cause the same in be dissolved and discharged by giving hend or other, isc. The Seller and
his eontracturs shall take all safety precautions, famish and install all gttardv necessary for the prevention of
,accidents, comply with all Imes and regulations with regard to safety including. but without limitation, the
Occupational Safely and Health Act of 1970 and all roles and regulations issued pursuant thereto.
Revised 03/2010