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HomeMy WebLinkAbout129302 HAGEMAN EARTH CYCLE - PURCHASE ORDER - 9145202PO PURCHASE ORDER 914520er Page C117/ of PURCHASE 45202 1 of 2 ' `tCollins( This number must appear ` v " on all invoices, packing sli s and labels. Date: 09/10/2014 Vendor: 129302 Ship To: DRAKE WATER RECLAMATION HAGEMAN EARTH CYCLE CITY OF FORT COLLINS 3501 E PROSPECT RD 3036 ENVIRONMENTAL DRIVE FORT COLLINS CO 80525-9774 FORT COLLINS CO 80525 Delivery Date: 09/09/2014 Buyer: PAT JOHNSON Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 1 1 LOT LS 5,175.00 225 cy - bare bioflter media 7652 Drake Water Reclamation Facility Biofilter Media Project 2 1 1 LOT LS 45,730.00 1345cy-blended biofilter media 3 1 1 LOT LS 2,355.00 1570cy - delivery of media 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.mm Pay terms net 30 days 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. Tax exemptions. By statute the City of Too Collins is exempt firm slate and local axes. Our Exemption Number is 11. NON WAIVER. 98-01502. Federal Ezcse Tax Exemption Canniest, of Registry Naingri is registered with the Collector of Failum of the Purchaser m insis, ON. strict performance of the harms and conditions hector, failure or delay a Internal Revenue, Denver, Colorado (Ref. Colorado Revised Shades 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods heeunda or approval .f the design, shall not release the Seller of Girls Rejected, GOODS REJECTED due to failme to meet sp amfieations, either when shipped or due to defect of any ofthe warranties or obligations of this purchase order and shall nol be deemal a waiver of any right of the damage in transit, may be resumed to you far credit and are not to be replaced except upon receipt of wriren pu¢haser m insist upon strict performance hereof or any of its rights or comedies as to any such goods, regardless instructions from the City of Fon Collins, of when shipped, received or accepted, as to any prior .r subsequent default hereunder, nor shall any purported and nmdlfication Or rescission of this purchase order by the Purchaser operate as a waiver of may of the terms Inspection. GOODS are subject to the City of ran Collins irepair.. an mivirL hereof. Final Acceptance. Receipt of the merchandise, services or aniproat in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment oa the pan of the City of Fan Collins. However, it is to be understood that FINAL Seller and the Purchaser r ndom that in actual economic practice, overcharges resulting from =,i s, ACCEPTANCE is dependent upon completion of al l applicable acquired inspection procedl violations ore in fact home by day Purchaser. Thereafom, for good earns, 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 Tears. Shipments most be F.O.B., City or Fiat Collins, 700 Wood St, Von Collins, CO 80522, unless acquired under federal or sate antitrust laws for such oduchages slating ,o the paniculd goods or services otherwise specified on this order. If permission is given no prepay freight and charge aepamtely, nine original freight purchased or acquired by the Purchaser purstam to this purchase other. bill mull accompany invoice_ Additional chsgas far puking will sot be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers hive distributing points in various pans of he country, shipment is If the Purchaser directs the Sella to impact nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destitution, and excess freight will be deducted firm Imvtic when Purchaser and the Selleq dad the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater dismnce. nay cause the work m be perfured by the most expeditious means mailable to it, and the Seller shall pay all dot, aswcinmd with such work. Tamils. Seller shall procure at sellers sole con all neessnry permit, wniticates and licenses required by sell applicable laws, regulations, ordinance, and miss of the slate, municipality, leromry it puliticul snbdlvision where ,he work is perlhred, or required by any ether duly conslimted public authority having jurisdiction over the work of versa. Seller tonher agrees to hold the City .f Pon Collins harmless from read against all liability and loss fidified by them by reason of an asserted or established violation of any such laws, regulations, ordinances, ales and requirement. Amhonsstion. All parties to this commet agree that the representatives art, in fact, bow fide and povess bill and complete authority in bind said panda. LIMITATION OF TERMS. This Purchase Order expressly limit acceptance to the terns and conditions small herein set forth and any supplementary Or additional arms and ronditim,s annexed hereto or incorporated herein by reference. Any additional or diffiena t terms and conditions proposed by caller are objected to and hereby rejand. 2. DELIVERY, I'LEASE ADVISE PURCHASING AGENTimmediately try.. cannot make complete shipment he arrive on your promised delivery date as noted. Time Is of ilm essence. Delivery and pafonnmme must be effected within the time smled on are pmhase order and the documents anamred hale. No acts of the Purch,cas including, without limimlimr, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event Orion, delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing his hole, elsewhere and holding flue Seller liable for damage's. However, the Seller shall not be liable for damages as a result of delays due m muses rem reasonably Porescenble which arc beyond its reasonable control and without its fault of negligence, such ands of God, acts of civil or military anthomica, govemmenml priorities, fires, strikes, flood, epidemics, warsor hots provided that notice ofthe conditions musing such delay is given to the Purchaser within foe (5) days ofthe time when the Seller first received knowledge therm(. In the eve. of any such delay, the date of delivery shall he atemled fir the period equal to On time actually Ins, by reason ofthe delay. 3. WARRANTY. The Sella warrants that all goods, articles, mmerials and work covered by this order will commarm with applicable drawings, specifications, samples mNor other descriptions given, will be fit for the purposes intended, and perfumed with the highest degree of care and cropland, in ¢dowlence with accepted sandards for work Of a similar nature. The Seller agrees to hold the purclmscr harmless from any lass, damage or expense which the Purcbnser may suffer or incur on account of the Sellers breach of ra warnty. Time Seller shall replace, repair or make good, without cost to the pmchesm 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 moms of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be madervaably 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 army claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages pax inanely cowed by the breach of my of the foregoing warrantivs or guamnttts, but such liability shall in no event include lass of profits or loss of.. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pardoner may make changes to legal terms by wtitlm change hold. 5. CIIANG ES IN COMMERCIAL TERMS. The Pnchaser mar make any changes 4, the lams, .,her than legal terms, ireludine additions I. Or deletions firm the ..:,..lilies originally Ordered in lie spednca ion, .r drawings, by verbal or written change order. If any such change affects the amount due or the time of perfomance hereunder, an equanble adjustment shin be made. 6. TERMINATIONS. Lie Purchaver may at any time by written change other, terminate this agreement as I,any of.11 portions of the goods then not shipped, subject to any equitable adjustment between the parties as or any work or materials then in progress p rricia that the Purchaser shall nut be liable for any claims for anticipated profits on the uncompleted Portion of the goods and/or work, for incidental or comaluendal damages, and that ,a such adjttstmmt be made in fawn of the Seller with respe d ashy good, which me the Sellers smnda d stock. No such mrminmion shall relieve the Purchaser or the Seller ofany of their obligations as do any goods delivered hereunder. 1. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be, dom ed within atlrry (30) days firm the date the change or irritation is ordered. 8. COMPLIANCE WITH LAN'. The Seller warrants fail all goods sold hereunder shall have been pradrard, sold, delivered and famished in amid compliance with all applicable laws and regulations or whidr the goods are s.bjeel. The Seller shall execme and deliversuch document as maybe required to effect or evidence compliance. All laws and regulations required to be ncoryoraled in agreements of this character are hereby incorporated herein by This sRrens. The Seller agrees to indemnify and hold the Purchased harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neitha parry, shall assign transfer, or convey this coda, or my mania due or to become due hereunder without the PH. wnnm consmd ofthe mine, parry. 10. TITLE. The Seller warns full, clam and command tide to the Purchaser for all equipment, materials, and items famished in pabrmmc. of this agreement, free and elw, of any and all Bens, recoman e, reservutims, security intend, encumbrances and claims of offers. The Seller shall release the Purchaser and its chntmdOrs of any he, firm all liability and claims .f any nature esull'mg Tam the pafu,mnnen of such work. T his release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, amc,ns and employees airmen pang. The Sellers contractual obligations, including warnty, shall not be dented a be reduced, in any way, because such work is performed or survival to be performed by the Purchaser. 14. PATENTS. Whenever the Sella is required to use any design, device, material or process drearal by letter, parent, trademark or copyright, the Sella shall indemnify and save hairless the Purchaser from any and all claims for inGngement by reason at the use of such parented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any der, expense or damage which it may be obliged to pay by reason Of such infeingen ant al any time daring the prosecution or after the completion of the work. In case said equipment, or any Ian thereof or the intended use of the good,, Is In such suit held to imul rate infringement imd the use Of ,am egnipimmo or an is enjoined, the Sella shall, at its own expense and at its option either procure for the Purchaser the right to continue using said equipment or parts, replace the some with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15, INSOLVENCY. If the Sella shall become Involvent or bankrupt make an acsignmm, for the benefit of creditors, mordind a ificaver Or uusme far any of line Sellers property or business. this order nay foMwith be ennceled by the Purchased without liability. 16. GOVERNING LAW. The definitions of,emt used or use interpretation ofthe agreement and the rights of all parties h nda nder shall be, construed under and gavemed by the laws Of the Sthe of Colorado, USA. The fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Repo sentadvas), on the premises ofothen. I]. SELLERS RESPONSIBILITY. The Seller shall carry on said wod M Seller's own risk until the same is billy completed and accepted, and shall. in case of any accident, destruction or injury to the work camper materials before Sellers final completion and acceptance, complete the work at Seller's own eaperse and to the satisfaction of the Purchaser. When madials and equipment arc famished by others for instillation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible lherefor as though such materials adsm equipment were being famished by the Sella under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of worhes 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 dependent in accordance with the laws of the state in which the work is to be done. The Sella shall also carry comprehensive general liability including, but not limited to, contractor read automobile public liability insurance with bodily misery and death lairds era, feast vugWo for any ..at person, 5500.000 for any one ...ideal and property cartage limit per accident Of $400,000. The Seller shall likewise require his it any, to provide for such compensation and h an e. Before y of the Sends contractorscontractorsme his contractors employees shall do any work upon the premises of others, the Sella shall famish the Purchase with a donfimoe that such compensation and insurance have been provided. Such cenificmes shall specify the date when such compensation and insurance have been provided. Such cenifc.es shall specify the date when such compensation and insurance expire. The Sella agrees than such s mPe a mi.n and insurance shill he maintained until and the moire work is completed 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 any kind r mart whatsoervr or persons or property caused by or resulting Earn the execution ofthe work provided for in this purchase washer or in connection hemwith. The Sella will indemnify and hold harmless the Purchaser and any r all of the Pucbacns offhcem, agents end employes firm and against any and all claims, losses, damages, charges or expenses, whether direct or indirect. and whether to persons or properly to which the Producer may be put or subject by reason of any act. ration, angled, omission or default on the pan of the Sella, any of his antinuclear, O any Of ,he Sellers o unhad.rs officers, agents or employees. In doc any sail car Other proceedings shall be brought against the Purchaser, or its officers, agents Or employees a, any line on occur, 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 or employees as aforesaid the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys lives and other expenses, any and all judbmens that may be incurred by or obtained against he Purchaser Or any of its or their officers, agents Or employes in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the properly ofthe Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will in Once cause the same in he dissolved and discharged by giving bond or otherwise. The Sella and his conclusions shall take all sufery precautions, famish and install all gumds necessary, for the prevention of accidents, comply with all laws and regulations with regard to safely, including, but without limimsion, the Occupon... I Safety and Heildr Ad of 1970 and all rules and regulouons issued pursuant thereto. Revised 072014