Loading...
HomeMy WebLinkAbout129302 HAGEMAN EARTH CYCLE - PURCHASE ORDER - 9145699Fort Collins Date: 10/01/2014 Vendor: 129302 HAGEMAN EARTH CYCLE 3501 E PROSPECT RD FORT COLLINS CO 80525-9774 PURCHASE ORDER PO Number Page 9145699 'eft 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: 10/01/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price I Tree Branch Grinding PER QUOTE DATED 9-29-2014 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 26,900.00 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. Tux exemptions, By statute the City of fort Collins is exempt from state and local taxes, Our Exemption Number is 11, NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry, 34-60e0587 is registered with the Coleco, of Failure of the Purchser m incrust upon stun performance of the teams and conditions hereon failure or delay to horn it hrmone, Denver, Colorado (Ref. Colorado Revised Sumter 1971, Chapter 19-26, 114 (a), exemise any rights or Prmalies provided herein or by law, failure to promptly notify me Sella in me event of a breach, the acceptance ofor payment fir goods hereunder or approval arm, design, shall not release the Seller of Goods Rejected GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of may of the wanantics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit. may M reamed to you for credit and are, not to be replaced except upon receipt of written purchaser to insist upon strict performance hereofor any arm rights or remedies m to any such goods, regardless instructions from the City oFF.. Collins. of when shipped, received or accepted, an to any prior or subsequent default hereunder, cur shall any purported oral modification or Provisions of this pmchase order by the Purchaser operate as, a waiver of any of the terms Inspection. GOODS are subject to the City of Ton Collins impeclmor no amval. hereof Final Acceptance. Receipt of the merchandise, services or equipment w response in his order ran result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. suforosed payment on me Pan of the City of Fort Collins. However, it is to M understood that FINAL Seller and the purchaser oculists that in actual ec comic pmnice, o ereharges resulting from antitrust ACCEPTANCE isdepeadentupan completion ofallopplicable required inspection procedures. violations arc in far, home by the Purchaser. Theremfore, for good cause and as consideration for executing this purchase order, me Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tams. Shipments must be F.O.B., City of To. Collins, 700 Wood M., Fort Collins, CO 80522, unless acquired under federal or mate act., I.. for an overcharges mlmieg m he particular goods of services otherwise spccifted on this order. If permission is given to prepay, freight and charge separately, me original freight purchased or acquired by the Purchase pursuant to this purchase coda. bill most accompany invoice. Additional drama for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from me ncaaat distribution paint no destirmion, and excess freight will be dednete l from Invoice when shipments arc made Gum greater distance. Parmitc. Seller shall procure at sellers sole cost all necessary Famous, cedlftcmes and licenses required by all applicable laws, regulators, ordinances and talcs arrive state, municipality, tenhory, or political subdivision where the work is perforated, or required by any outer July constiwted public authority, havingjurisdietion over the wok of vend.,. Seller further agrees to hold the City of Fan Collins hare less from and against all liability and loss incurred by them by anion of an asserted nr established violation of any such laws, regulati.os, oo iamoral, rules and requirements. Achromaticity All parties to this contract agree that the tap rsommtives are, in fact, hours fide and possess full and omplem authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the la. and conditions staled herein set fah and any supplementary or additional terns am conditions annexed Interim or imorpomted heroin by reference. Any additional or different Ica¢ and conditions proposed by seller are objected in and hereby njated. 2. DELIVERY. PLEASE ADVISE PURCHASMG AGENT immediately ifym cannot make complete shipment to move an your promised delivery date m noted. Time is of the anionic. Delivery and Performance most be eReered within the time stated an the purchase .rder and the documents attached hotel.. No tens of the Purchasers including• without limitation, acceptance of panial lase delivemes, shall operate as a waiver .f this provision. In the event of any delay, me Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable far damages, However me Seller shall nut be liable far damages an a result of delays due as causes not ressombly foreseeable which are beyond its rwsonable control and without its fault of negligence, such acts of Gal, acts ofewil nr military authorities, 6evemtnental punions. fires, studies, flood, epidemics, wers or riots provided that notice of me conditions causing such delay u given to me Purchaser within five (5) days of the time when me Seller first raeived knowledge thereof. In the giant of my such delay, me date of delivery shall he extended for the period equal to the time actually last by reawn ofthe delay. 3. WARRANTY. Tlrc Seller warrants that all goods, articles, amonab and work covered by this order will conform wilt applicable drawings, specifications, samples and/or other descriptions given, will be fit for he purposes Intended, and Performed with the highest degree of care and competence in accordance with accepted standards for work of a 'miler mshim. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which me Purchaser may rubber or incur on account of me Sellers breach ofwaaanty. The Seller shall replace, repair or make good common cost to the purchaser, any defects a faults arising within one (1) year or within such longer period of time as may be prescn u d by law or by the teats army applicable warranty provided by the Seller after the date of mceplowu of the goods fumished hereunder preceptmce not to be unreasonably delayed), resulting from imperfect ar defective work done or mmmah, famished by me Seiler. Acceptance or use of ought by the Purchaser shall not constitute a waiver of my claim under this warrant. Except in otherwise provided in this purchase order, me Sellers liability hereunder shall extend to all damages preximately caused by the breach of any of the foregoing warrames or guarantees, but such liabil dry shall in no event include lass of Profits or loss of use. NO IMPLIED WARINNTY OR MERCHANTABILB Y OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The PumLaner may make any changes to the marts, Other than legal tame, including additions to or deletions Item the connotes originally ordered in the sprcifcmions or drawings, by venial or w'rumn change order, If any such change affects the amount due or the time ofperfrmtance hereunder, an equitable adjustment shell be made. 6. TERMINATIONS. The Procherser may at any time by written change Omer. cominme this agreement as m any or all potions of the goods then not shipped, sFFEvu on any equitable adjustment between the parties as in any work or materials then in progress provided that the Purchaser shall not be liable for any claims to, anticipated profits oa the uncompletN portion of the good ankor work, for incidental or wrrsequenlul damnge, and that m such adjustment be made in favor of the Seller with raperto any good which art the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller army of lhci, obligations as to any parts delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for adjmtmenl most be, asserted within them (30) days cam the dam the change or termination is ordered, I. COMPLIANCE WITH LAW. The Seller w.. that all goods sold hesmnder shall have been produced, said, delivered sad fumisbW in stria compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such doeummB is may be required to effect ar evidence compliance. All laws send regulations required to be incoryorated in agreements of this character are hereby incorporated herein by his reference. The Seller agrees to indemnify and Mid me Puarbaner harms, from all roots and damages sudt d by he precedence or a result of she Sellers failure to comply with such law. 9. ASSIGNMENT. Neither may shdl assign, tramfe, or convey his order, or any movies due or an become due Ostrander without the poor whom cmsscar of the other party. 10. TITLE. The Seller warriors full, clear and umcstricted title 10 aM Purchaser for all equipmrnt amtmals, and items fumishrd in par( of Bars agreement Area and clear of any and ell tiers, sshmom, morralions, semriry, an., encumbrances and claims of.,he.. 13, PURCI LASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by me Purchaser and the Seller, rand to Seller bummer indicates its inability, or unwillingness to comply, he Purchoon may cause the work to ha performed by me most apedinous maroon available to it, and the Seller shall pay all costs associated with such work, The Seller shall release me Purchase and its contractors of any tier from all liability and claims of any metre resulting from the peofarmmce of such work. ILis release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, offieers and employees of such party. The Settees contractual obligations, including warmly, shall not M deemed to M reduced, in any way, because such work is performed or caused to be pefomted by the Purchaser, 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, parent, trademark copyright, the Sella shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such parented design, device, material or p,am. in connection with me contract and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to Pay by crown of such infringement at any time during the Prosecution or after the completion of rise 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 said 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 samc with substantially equal but noninGnging equipment mniadify a run becomes roninfir Ming. 13. INSOLVENCY. If the Seller shall become imdvetn or bankrupt, make m assignment for he benefit of medlar, appoint a receiver or trustee for any of the Sellers Foolery, or business, his order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definiti.s. of. used or the interposition. of he agreemem and the rights felt panics hereunder shall W mmtrued notice aad governed by the rows nffe State mf colored., USA. The fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder, including m, sm'ices of Sellers Rrgrrscmmima), oa the premises of odors. 17. SELLERS RESPONSIBILITY. I'he Seller shall cony oa said work ut Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to de work maker materials bef Sellers final completion and i cceprvnc, complete he work at Sellers awn expense and in the satisfaction of the Purchaser. When mmmaB and equipment are famished by others for installation or erection by the Seller, the Seller shall critics, unload, sore and handle same at the site and become responsible therefor is; though such materials tanker equip rmat were being fumishm by the Seller under the order. 18. INSURANCE. The Seller shall, or his own expense, provide for the payment of wormer compensation, including occupational disease benefits, to its employms employed on or in connection with the work covered by this purchase order, maker to their dependents in accordance with the laws of me state in which the work is to Be done. The Seller shall also carry comprehensive general liability including, but not limited m, contractual and amnmobile public liability, insumnic with bodily injury, and death limits of at least S300,000 for any one person, 550i fur any one evident and property damage limit per accident of S40 ,". The Seller shall likewise require his contractors, if any, to provide for such compensation and imurence, Before any of the Sellers or his commemn employees shall do any work upon the premises of other, the Seller shall fum¢h the Purehmer with a ttnificam that such compensation and insurance have been provided. Such aaificates shall specify the rote when such compensation and insurance have been provided. Such cenific n. skull specify the date when such compensation and inco m uc expires. Ile Seller agrees than such compensation and insurance shall be =trimmed until alter the ,.,am week is completed and accepted, 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liabil try for any and all damage, loss or injury of any kind or metre whemmover to persons or mercury cats¢d by or resulting from me execution of the work provided for in this purchase order Or in conncaion herewith. The Seller will indemnify and Mid heatless de Puohvser are any tr an of Purchasers officers, agents and employees ram and against any and all claims, losses, damages, huges or expenses, whether direct or indirect, and whether to persons or property to which the Purchoser may be pm or subject by Person of any act, action, neglect omission or default on me pan of the Seller, my of his fontramor, or any of me Sellers of contactors officers, agents or mortalities. In oase my suit or other proeedings shall be brought against me Purchase, or its officers, agents or employees at any time on account or by reason of any net. action, neglect, omission or default of the Seller of any of his contractors or any virus or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense hereof and to &food de snore at he Sellers oxen expense, to Pay any and all costs, charges, ifflorety, fees and other expenses, any and all judgments that may be incurred by or obtained against he Purchaser or my 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 me property of me Purchaser, or said panics in or as a result of such suits or other proceedings, he Seller will at more cause do same ro be dissolved and discharged by giving bond or ohervise. The Seller and his contractors shall like all safety precautions, famish and insrall all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to surety including, but without limitation, the Occupational Safety and Health Act of 1920 and all roles and regWatiors issued pursuant donate. Revised 07n(J14