Loading...
HomeMy WebLinkAbout129302 HAGEMAN EARTH CYCLE - PURCHASE ORDER - 9136279 (2)Fort Collins Date: 11/2012013 Vendor: 129302 HAGEMAN EARTH CYCLE 3501 E PROSPECT RD FORT COLLINS CO 80525-9774 PURCHASE ORDER PO Number Page 9136279 1of2 This number must appear on all invoices, packing slips and labels. Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS CO 80521 Delivery Date: 11/20/2013 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Wood Grinding @ Timberline PER AGREEMENT DATED 11-20-13 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.00m 1 LOT LS 27,800.00 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. I L NONWAIVER. Tax excmptia-. By sumte the City of Fart Collins is exempt from sure and local taxes. Our Exemption Number is 98-W502. Federal Eacbx Tax Exemption Certificate of Registry 84.6000587 is regivercd with the Collector of Failure of the Purchase, 10 insist upon strict perfommmcr of the tcmu and conditions hemol, failure or delay to Internal Revenue, Deaver, Colorado (Ref. Colorado Reiscd Sutures 1973. Chapter 39 26.114 (a). exercise any rights or remedies provided herein or by law, failure to promptly rota fy the Seller in the event of e breach, the acceptance of or payment for goods hereunder m approval of the design• shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure m meet speci frtalions, either when shipped or due to defers of any of the waranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit. may be returaed to yen for credit mad are our to be replaced except upon receipt of written Purchaser to insist upon strict performance hereofm my of its rights or remedies as to my such goods, regardless instructions from the Ciry of Foe Collba. of when shipped, received or accepted, as to my prior or subsequent default hereunder, nor shall my purported and modification or rescission of this purchase order by the purchaser operate as a waiver of my of the terms Inspection. GOODS am subject to the City of For Collins inspection on mival. hereof. Final Acceptance Receipt of the merchandise, arnica or ryuipment in response to this order can result in 12. ASSIGNMENTOF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be unGerstrod that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completionof all 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 -signs to the Pearloncr any mad all claims it may sew have or hereafter Freight Tema. Shipments must be F.O.B., City of Fan Collins. 700 Wood SL. Fort Collins, CO 80522, unless acquired under federal or sure mtttmfr laws for such overcharges milling to the paniculm 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 p mhaw order. bill must accompany invaim. Additional charges for pocking will rot be accepted 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in sarimut puts of the country, shipment is If the purchaser diners the Seller to correct nonconforming or defective goats by a date to be, agreed upon by the expected from the nc rear distribution point to destination, and exrm freight will be deducted hers Invoice when Pu¢hamr and the Seller, oM the Seller thereafter indicates is inability or unwillingness la comply, the Purchtur shipments are made form greater disumace. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all cost, associated with such work. Permits. Seller shall procure at sellers sole rnst all measary permits. rertifiCOM and licenses required by all applicable laws, egulatiom, ordinances and rules of the state, muoitipality, territory or political subdivision where the work is performed, or required by any mlam duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Collins harmless [man and against all liability and loss incurred by them by reason of an rost red or established violation of any such laws, mIhalm ors, ordinances, ales and mquiremcns. Authorization. All parties to this contract agree But the ¢presentative are, in fact, bona Ede and possess full and complete authority to bind said parties. LIMITATION OF TERMS. Thu Purchase Order expressly, limits acceptance to the (arms and conditions stated herein set forth and any supplementary or additional terms and corsdi(imu amexad hereto or incorporated hemin by reference. Any additional or ditTemnt tams and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. - PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery rate as noted. Time is of the essentt. Delivery and performance must be r1fected within the time stated on the purchase order and the documents atuchcd hereto. No act, of the Purchasers including, without limtulion, acceptance ofpanial late deliveries, shall operate as a waiver of this provision In the event ofmy delay, the Purchaser shall have, in addition mother legal and equitable remedies, the option ofplacing this enter elsewhere and holding the Seller liable for damages. Howaver, the Seller shall not be liable for damages as a result of delays due to causes not seasonably foreseeable which oat beyond its re-oanble control and without is fault ofnegligence, such acts of God, act, of civil or ntiErm, authorities, governmental priorities, rim, strikes, flood, epidcmlcs, w•ers or riots provided that notice of the conditions coating such delay is given to the Purchaser within five (5) days of the time when the Sella 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 wareants that all goads, articles, materials and work covered by this order will conform with applicable drawings, spedfcations, samples a,&ar eras, descriptions givvev, will be fit for the purposes intended, aad performed with the highest degree of rare and competeoce in accordance with accepted standards for work of a similar ramre. The Seller agrees. to hold the purchaser harmless from my loss, damage ar expense which the Purchaser may suffer or intent on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without coat to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as my be prescribed by law or by the toms of my applicable warmly provided by the Seller after Bee date of acceptance of the goods furnished hereunder (acceptance not to be umrasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not coutimtr a waiver of my claim under this wamanly. Except es otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damage proximately caused by the breach of my of the foregoing w auntie or guarantees bat such liability shalfin an event include loss of profit, or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pochaser may make changes to legal terms by written change order. S. CHANGES IN COMMERCIAL TERMS. ThC Purchaser may mike any changes to the terms, other than legal a.. including additions to tar deleio- form the quantities originally orderrd in the spcvifimtiorss or drawings, by verbal or w'mm change ender. Wary such change affect, the reasons don ar as, time of W,fonmancc hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The purchaser may at any time by wrinen change order. lamivre this ogaermem e or any or all portions of the goods than net shipped, subject to my equitable adjustment between the parties as to any walk or materials It. in progress provided that the Purchaser shall rot be liable for my claims for anticipated profess no the uncompleted portion of the goods mNor work, for incidental ce consequential changes, and that to such adjustment be made in favor of the Seller with respect to my goods which am she Sellers standard stock. No such termination shall refieve she Purchaser or the Srllcr of any of their obligations as to any goats dalivened haeundcr. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assened within luny (30) days form the dale the change or tarmichlon is mdacd. S. COMPLIANCE WITH LAW. TM Seller warrants that all goals sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as (nay be requied (o effect or evidence compliance. All laws and regulations required to be incorporated in agmemers of this ch3mclar are hereby incorporated herein by this reference The Seller agrees to indemnify and ho!d the Purchaser harmless from all cents and damage sugared by the Purchaser as a result of the Sellers failure to comply with such sew. 9. ASSIGNMENT. Neither pany shall assign, uansfm. m tummy this order, or any mania due or to become due hereunder without the prim wrimn caresenl of the other parry. Ho. TITLE The Seller warants full, clear mall rurestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agneem aR. free and clear of my end all lie-, entriclime, n3rac tians, security interest mcrunbm acts and claims of -ales. The Seller shill release the Purchaser end is contmetors army tier form all liability and claims of any -ture resulting from the Performance ofsuch walk. This release shall apply ern in the event of Each of negligence of the party released and shall extend to the directors, oUeers and employees of such party. The Sellers contractual obligations, including warunry, shall nor be deemed to be reduced, in any way, hecausc such work s performed or caused m be performed by the Purchaser. 14. PATENT'S. Whenever the Seller is required m use any, deign, device, a nterial or process covered by berme, patent, tool or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design• device, malarial or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the pmwcutiun or allm the completion of the work. In case said equipment, or any par thereof of the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or par is enjoined, the Seller skill, at its own expense and at is option, either procure fat the Purchaser the sight to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it bectsmn wmfiringog. 15. INSOLVENCY. If the Scaler shall become insuIvah or bmkmpt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order only forthwith be canceled by the Purchases without liability. 16. GOVERNING LAW. The definitions of terns -rd or the interpretation of the agreement hot the rights of all ponies hereunder shall be contacted under and governed by the laws of the State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform wart hereunder. including the services of Sellers Represeautive(s), on the premises of-ahers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, end shall, in case of any accident, destruction or injury to the work aoNor materials before Sellers fatal completion and acceptance, complete the work at Scllcrs own expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by others for installation or election by the Seller, the Seller shall receive. mhoad. score and handle scene at the she and become responsible therefar as though such materials and/or equipment were being furnished by thc Seller under the order. 19. INSURANCE - The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employad can of in connection with the work covered by this purchase order, andfor to thew depeodents in accordance with the laws of the stave in which the work is to be done. The Seller shall also carry comprehensive gmeml liability including• but net limited to, comet tool and automobile public tohiiny insurance with bodily injury sew dcarh limits of at teen S300,000 for any ore pawn• S50o" for nary arc accident and property damage limit per accident of S 0C.". The Seller shall likewise require his contractors, if any, to provide fat such compensation and insurance. Before my of the Sellers or his contractors employees shall do any work upon de premises of others, the Seller shall famish the Purchaser with a rertifeale that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall $pact fy the date when such mmpacarion and insurance expi ms. The Seller agrees that such compensation mad insurance shall he maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entice mspo-ibil ity and liability for my and all damage, loss or Injury of any kind or nature whasocv'a to persons or property caused by or resulting from the execution of the 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 officers, agents and employees from and against any and all claims, losses, damages, charges or cxpemes, whether direct or mah,w, and whether m persons or property to which the Purchaser may be put or subject by reason of my act, action, neglect, omission or default on the pact of else Seller, my of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or olher proceedings shall be bmugbt against the Purchaser• or is officers, agents or employees at any lime on account an by reason of any act, action. neglect, omission or default of the Seller of any of his contractors or my of its m their officers, agents or employees as afummid, the Seller hereby agrees to assutm the deferse thereof and to defend the same or the Sellers own axpe-e, (o pay any and all toss, charges, attorneys fees mad other expenses, any and all judgments that may be incurred by or abuined against the Purchaser or my of its or theta afficers, agents or employees in such suits or other proceedings, and in case jodgment or other lien be placed upon or obtained against the property ofthe Purchaser, or said ponies in or as a result of such suits or other proceedings, the Seller will at once cause the same I. be dissolved and discharged by giving bead or oherwise. The Seller and his ormarlms shall take all safety precautions, famish and insult all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without lfmiuttm, the Occupational Safety and Health Act of 1970 and all rules oM regulations issued pursuant thereto. Revised 03/2010