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HomeMy WebLinkAbout281095 A-1 ORGANICS INC - PURCHASE ORDER - 9141038 (2)Fort Collins Date: 02/12/2014 Vendor: 281095 A-1 ORGANICS INC 16350 WCR 76 EATON CO 80615 PURCHASE ORDER PO Number Page 9141038 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS CO 80521 Delivery Date: 02/12/2014 Buyer: JOHN STEPHEN . Note: Line Description Quantity UOM Unit Price Extended Ordered Price t Wood Grinding PER TERMS AND CONDITIONS OF B D 7594 AND AGREEMENT DATED 2-11-14 /I P14 lM I 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.com 1 LOT LS 20,325.00 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Temis and Conditions Page 2 of 2 1. COMMERCIALDEFAIIS. Tax exemptions. By statute the City affair Collins is exempt from slate and local axes. Our Exemption Number is 98 04502. Federal Excise Tax Exemption Certificate of Registry 84-6000589 is re lateral with the Collector of Internal Became, Denver, Colorado (Ref. Colorado Revised Some, 1993, Chapter 39-26, 114 pd, Goods Rejected. GOODS REIECTED due to failure to meet specifications, either whin shipped or due b defects of damage in brawn, may be tetumal to you for credit and are not b be, replaced except upon receipt of wriftm mosectioa, from Me City of Fon Collins. Inspection- GOODS arc sub at to the City of Fan Collins mametian an urical. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized payment on the pan of the City of Fan Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments most v F.O.B., City of Fan Collins, Too Wood St., Fan Collins, CO 80522, unless otherwise specified on this order. Ifpe,mission is given Of prepay freight and charge separately, the original fmght bill man wC mnv involve Additional chorea fro packing, will not be created. Shipment Dianne, Where manufacturers have dianda erg points in various pans of the cool shipment is expected from the merest distribution point to destination, and excess freight will be deducted from Invoice what shipments are made from gc am, distance. Permits. Seller shall pmeare at sellers sole cost ell necessary permits, certificates and licenses requital by all ,,liable laws, regulations, ordinances and tales of Ise scam, municipality, an., err palitical subdivision where the work is performed, or regaiml by my other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold Me City of Four Collins harmless from aal against all liability and loss ncurred by that by tiawn of an asserted or established violation of any such laws, regulations, ordirama, roles and impairments. Authorization. All parties to this comfort agree that the representatives art, in fact, bona file and possess full and complete authority to bind said pania. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance N the term and conditions stated herein set form and any supplementary or additional leans and conditions annexed hereto or incorporated herein by mferam. Any ,ditio mil or different terms and conditions proposed by seller arc objected an ad hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date m noted. Time is of Ng, summer. Delivery aal performance most be effected within the time ststal on Me purchase order and the documents attached hereto. No acts of the Pummums including, without limitation, acceptance officinal 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 ofplacing this order elsewhere and holding the Seiler liable for damages. However, the Seller shall not be liable for damages as a retail of delays due to causes not easonably foreseeable which art beyond its reasomble control and without its fault of negligence, such acts ofGd, acts ofcivil or military authontirs, governmmral priorities, Rocs, sakes, wood, epidemies, wars or dots provided that notice of Me condition, wining such delay is given to the Purchaser within five (5) days of floe time when the Sella Gm received knowledge thereof. In Me event of any such delay, the date of delivery shall be extended for the peril equal to Me come actually lost by reason of roe delay. 3. WARRANTY. The Seller warrants that all Goods, asides, materials and work covered by this order will conform with applicable drawings, specifications, samples coal other 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 work of a similar mature. The Seller agrees to hold the purchaser harmless from ony loss, damage or expense which the Purchaser may subs or incur on acrount of the Sellers breach of w.ty. The Sells sled replace, repah a make good, without cost to Me purchaser, any defect or fall arising within one (1) year or within such longer prod of time as may be pmesmbcd by law or by the term of my applicable amorw ry provided by the Seller after roe date of amepturam of the goads famished hereunder (mceptmce no, to be mreaorably delayed), reasons, from familiar or defective work done or materials fitnished by the Seller. Acceptance or use of goods by Me Purchaser shall at constitute a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of Ng, foregoing wanantia or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The rumbler may make changes to legal term by woman change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the team other than legal titans, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or women change order. It any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at very time by wrinm change order, mrmirate this agreement as to any a all portion, of the gods Then not shipped, subject to my equitable djstmrnl between the panic or to any wok or materials Men in progress provided Man Ng, Purchaser shall not be, ,manta for my claims for anticipated profits on the uncompleted portion of Me goods and/or wok, for micidan d or comegoential damages, arm Mat m such sdjusrmmt be made in favor of Ne Seller with respect to any goods which am Me Sellers standard stack. No such fermiretion stall aline the Purchaser or the Seller army oftheb obligations as in any goods delivered hexameter. t. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he wormed within thirty (30) days from the dam the change or lamination is rallied. 8. COMPLIANCE WITH LAW. The Seller warraam that all goods sold hereunder shall have been produced, slid delivered cad Mmishd in stoner compliance, with all applicable laws and mgulations to which the good art subject The Seller stall execute and deliver such documenm ss maybe requital to effect or overall compliance. All laws and regulations mammal to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by Me Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, vansfer, in convey this order, or any monies due or an become due hereunder without the prior written coment ofm other parry. 10. TITLE. The Seller warrants full, clear and uruestricial title to Me Purchaser for all equipment, materials, and items f ishal in performance of this agreement, free and clear of any and all lien, restrictions, reservations, security interest encumbrances and claims of others. 11. NONWAIVER. Failure of the Purchaser to insist upon will performance of the term and conditions hereof, failure or delay to any rights or readies provided herein or by law, failure to promptly notify the Seller in the event of a breach, exercise acceptance offor payment for goods hereunder or approval of the damps, shall not mores, the Seller of any of the wafirma. or Obligations of this purchase order and shall Out be deemed a waiver of any right of the purchaser to insist upon inner performance hereof or any of its rights or remedies as to any such goods, regaNleu of what shipped, received or accepted, as m my prior in subsequent default nationals, nor shall my purposed om) modifcation or rescission of this purchase order by the Puehaer opeate as a waiver of my of the terms here.(. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sills and the Purchaser recognize that in actual economic practice, overcharges resulting from minimal violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby asigns to the Furchser any and all claims it may now have or hereafter acquired under federal or state antirmit laws for such overchatgn relating to she particular goods or services purchased or ammild by the Purchaser pursuant or this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs Me Seller to coned nonmnfcrming or defective goods by a date m be ag al man byMe Purchaser and the Seller, and the Seller thercnfta indicates its inability or unwillingness to comply, the Purchaser may taus the work to be performd by the most expeditious means av ,able to It, and the Seller shall pay all .,is satiated with such walk. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature making from the performame ofsuch work. This release shall apply even in Me sent of fault of negligence of the parry mated and stall extend to the directors, officers and employees of such patty. The Seller's commetml obligations, including wormy, shall not be deemd to be reduced, in any way, because such work is performed or caused to be performal by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any daign, device, material or process averat by later, patent, understand, r copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for ivGngemem by . of the use of such patented design, device, material or prose in rovtecdo. with the all.,, and shall indemnify Ng, Purchaser for my cost expense or damage which it may be obliged to pay by mason of such infringement at any time during the prosecution or after the complerim arm work. In case said aptupro nt, or any pan thereof or Me marked use of the goods. is in such ..if held of constitute inGngemen, and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Pond user the right to continue using said equipment or pans, replace Me same with substantially v al but mninfringing aluipment, or modify it so it becomes noninfnnging. 15.INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an migration? for the benefit of creditors, appoint a or ttstre for any of the Sellers property or business, this from spay forthwith he anreld by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and Me rights frail parties hereunder shall be ousemed under and governed by the laws of the Sate ofColori USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services ofsellers RryresatativHs), on the premises ofothers. ❑. SELLERS RESPONSIBILITY. The Sells shall carry can said work at Sellers own risk .,it the same is Polly completed and muytal, and shall, in cox of any accident, destmaion or injury to the work and/or materials before Sellers final completion and acceptance, complete Me work at Sellers own expense and to the mtisfaction of the Purchase, When materials and equipment are Pomished by .,has for mediation 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 abuipment were bring famished by Ng, Seller under the paler. 18. INSURANCE. The Seller stall, at his own expense, provide for the paymmt of wokas eompemmatum, including occupatimal disease benefits, to its employers employed m m in . ran air. with the work covered by fail pafchau mar, arolor to their dependents in accordance with Me laws of the state in which Ore work u ,o Ix done. The Seller shall also carry comprehensive general liability including, but not limited to contractual and automobile public liability insurance with dMily injury and deals limits of at least $300,000 for any one person, $500,000 far any one accident and property damage limit per accident of $400,000. The Seller shall likewise ramire his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers err his contractors employees shall do any work upon the premiss of orders, the Sell. shall ! Isb the Embalm, with a certificate that such compens,on and insurance bale been provided. Such aftifcates shall specify the daze what such umpesa ion and insurance have been provided. Such renificam, shall spmfy the date whin such compensation and insurance expires. The Seller agrees that such compensation and insarmce shall be maNtaimd foul after Me attire work is completal 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 of my kind or nature whatsoever to person or property caused by or resulting from Me execution ofthe work provided for in this purchase order or N connection herewith. The Seller will indemnify and hold hamdas the Purchaser and any or all of the Purchasers oRcers, agents and employees fans and Option, any and all claims, losses, damages, charges or expenses, whether direct at indirect, and whether to persons or property to which the Purchaser, may be put or subject by fission of any act, action, neglect, omission on defadt m Me pan of Me Sells, any of his emotions. of my of Me Sellers or cam rmican oRcers, agents or employees. In case my suit or other proceedings shall be brought against Me Purchaser, or its officers, agents or employees at any time on vaunt or by reason of any act, action, ncglw, omission or default of the Seller of my of his contractors err my of its or their officers, agents w employees as aforessid, the Seiler hereby Ogres to assume Me dense Nercof and to defend the same w the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, my and all judgments that my be incurred by or obtained against the Purchaser or any of its or their pricers, agents or employees in such suite in other proceedings, and in case judgment or other lies be placed upon or Obtained .gains, f property, of Me Purchaser, or said ponies in on as a resod, of such suite in oMe, pmcedings, the Seller will at once cause the same to k diswh d and discharged by giving NOW or chastise. The Seller and his comsmmrs shall take art safety p,amriom, banish end irmtall all panels necessary for the Plasmatic. of wridemm, comply with all laws and regulations with mi to afro iacludo , nor will limitation, the Occupations, Safety and Health Act of 1970 and all rules and regulation issued ptusum, therem. Revised 03nOlO