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HomeMy WebLinkAbout129302 HAGEMAN EARTH CYCLE - PURCHASE ORDER - 9145202 (2)City of Fort Collins Date: 12/03/2014 Vendor: 129302 HAGEMAN EARTH CYCLE 3501 E PROSPECT RD FORT COLLINS CO 80525-9774 PURCHASE ORDER PO Number Page 9145202 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: DRAKE WATER RECLAMATION CITY OF FORT COLLINS 3036 ENVIRONMENTAL DRIVE FORT COLLINS CO 80525 Delivery Date: 12/03/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price n CO #1 Addititional media per requisition 48752 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@fogov.com 1 LOT EA 14,622.50 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. Tres amorphous. By stamen she City of Fort Collins is exempt f state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry M-6000587 is registered with 0te Collector of Internal Resource, Denver, Colorado (Ref. Colorado Revised Somas 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REIECTED due Or failure in meet specifications, either when shipped or due to defecs of damage in transit, may h reormed to you for credit and arc not to be replaced except upon receipt of written inductions from the City ofForr Collins. Inspection. GOODS are subject to the City of Fan Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in milsonud payment oa the part of the City of Fon Collins. However, it is to he understood them FINAL ACCEPTANCE is dependent upon completion ofall applicable taryired inpetion procedure. Freight Terms. Shipments must be P.O.B., City of Too Collins, 700 Wood St., Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the capital freight bill must accompany invoice. Additional Barges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points an varmus parts of the country, shipment is expected from the arorest distribution paint to destiar im, and excess freight will be deducted! from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers to cost all necessary pc.I.. cenifician and Ilcerscs required] by all applicable laws, retaliations. ordiwncas and roles of the state, municipality, tertiary or political subdivision where the work is performed, or acquired! by any other duly constimmd public autlmnry havingjunsdiction over the work of vendor. Seller further agrees to hold the City of Pon Collins harmless from and against all liability and lass ed by them by rcmmn of an asserted or established violation of any such laws, regulations, ordinances, mles incurred regairemms. Autlwrimtion All panic an this contract agree that the represenuinivtis are, in fact, boon fide and possess full and omplete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order eapressly limis acceptance to the terms end conditions sorted herein set form and any supplementary or additional mina and conditions annexed hereto or incorporated herein by mference. Any additional or different terms =it conditions proposed by seller are objected to and hereby lead. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and perforrnance most be eReded within the time stated on the purchase order and the documents mtached herein. No acts of the Purchases including, without limitation, acceptance of partial late deliveries, shall open to us a waiver ofthis provision. In the ,at of any delay. Inc Forma shall have, in addition to otter legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable far damages. However, the Seller shall not he liable far damages as a malt of delays due to causes not reasonably foreseeable which art beyond is reasonable control and without its fault ofnegligame, such acts of God, acts of civil or mi limry mthontia, governmental priorities, fires, strikes, flood, epidemics, wan or nots pmvided that notice of the wndltiom causing such delay is given tr the Purchaser within five (5) days of the time when the Scllcr fins received kwwldge therco(. In the event of any sucM1 delay, the dare of delivery shall he extended for the period equal to the time actually lost by rusty of the delay. 3. WARRANTY. The Seller warrants that all goads, asides, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the pttrpmes intended, and Farmstead with the highest degree of care and competence in accordance with accepted stundards for work of a similar mane. The Seller agrees to hold the purchaser hatmlcs from any his, damage or expense which the Purchaser may suffer or incuron account ofthe Sellers breach ofwamanry. The Seller shall replace, repair or make good, without cost to the purchase, any defers or faults arising within one (1) year or within such longer mend of time as may be prruribd by law or by the teens of my applicable wammry provided by the Seller after the date of accepance of the goods Acoustical hereunder (cceptmme, not to he unreasonably delayed), resulting from impartial or defective work done or materials fuemabnd by the Seller. Ara,hroe or use of good by the Purdsuer, Saudi rot consume a waiver of my claim maker this warranty. Except as otherwise Provided in this purchase order, the Sellers liability heremder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or gmvamees, bur such liability shall in no event include loss ofpoofits or loss Of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. C CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tams by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the temp, other than legal terns, iclnding additions to or deletions from the quantities originally ordered in the specifications or drawings, by variant or written change a da. If any such change affects the amount due or the time ofperfoamance hereunder, an equitable djustmut shall he made. 6. TERMINATIONS. The Pu char r may at any time by written change order, terminate this agreement as to any or all portions of the goods then rot shipped, subject to my countable adjustment between the parties as to any work or materials then in memories provided that the Purchaser shall Out be liable for my claims for mandratd Poofts on the uncompleted portion ofthe goods andror work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any goods which are the Sellers standard stack. No such termination shall relieve the Purchaser or the Seller of any of their obligations to to any goods delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjusamem most be reseed within thin, (30) days from the date elm change or mrmiration is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold heeunder shall have from reduced, sold, delivered and Emotional in mist compliance with all applicable laws and regulations or which ,he goads are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to W harpooned in agreements of this character are hereby incoryoratd herein by this reference. The Seller agrees to indemnify and hold the Purchaser harrnlas from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party, shall assign, wnam, or convey this order, or any monies due or to become due berennder without he prior verinen cement of the other party. I O. TITLE. The Seller wmrens full, clear and unrestrlctd tide to den Purchaser for all 'n'tha 1, materials, not it. famished in performance of this agreement free and clear of my and all liemmWns , tctio, r 1musce , surity interest m mcubmnceess and claims afi thers. 11. NON WAIVER. Failure of the Pomlhases m want upon strict perfomance of the arms and wMitions hereof. failure or delay ha exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not elease the Seller of any of the warrmtim at obligations of this purchase order and shall not he deemed a waiver of any right of the purchaser to insist upon snict performance hereof or any of its rights or remedies as to any such gent, mgardlass of when shipped, mcelved or sucTod, as to any prior or sabsequmt default hereunder, nor shall any purported and modification or rescission of this porcM1ase order by the Purchaser, operate w a waiver of any of the arenas hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser marine, that in actual economic practice, overcharges resulting from antitrust violations an, in fact tame by the Purchaser. Theremrore, fen good muse not as consideration for executing this pumtus, aide,, the Stiller hereby assigns to the Purchaser any and all claims it may now, have cr hereafter acquired under federal or state ontitmst laws for such overcharges relating to the Particular goods or mrvices purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Pmwhaser directs the Seller m correct nonconforming or defective goods by a date to b, agreed upon by the Purchaser and the Seller, and the Seller thercafter indicates its inability or unwillingness to comply, the Purchases may cause the work to be performed by the most expeditious means avolable to it, and the Seller shall pay all costs associmd with such work. The Seller shall release the Purchaser and its contractors of my der boom all liability and claims of any assume resulting from the performance afsuch work. This enlace shall apply even in the event of fault of negligence of the party released and shall extend a the directors, afomo, and employees fsuch party. The Sellers conbarnW obligations, including warranty, shall not be deemed an be radical, in my way, because such work is performed in annual to be pe ficerned by the Purchaser. 14. PATENTS. Whenever the Seller is required 1m use my design, device, material or process covered by Ides coma, trademark r copyright, the Seller shall indemnify rid save harmless the purchaser from my and all claims for infdngehnent by remain of the use of such refund design, device, musaind or process in connection with the contract, and shall indemnify the Pmclumer for my cost, expense or damage which it may be obliged to pay by noncom of such infringement at 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 goods, is in such suit held to conatimre infringement and the use of said equipment or pan is enjoined, the Seller shall, at is own expense and at its option, either procure for the Pmuchazer the fight to continue in, said equipment or parts, replace the same with subsmntialty equal but nardnfdonar, equipment, or modify it an it becomes noninfnnging. 15. INSOLVENCY. If the Seller shall become insolvent or baN;rapt, make an assignment for the benefit of creditors, appoim a or trustee for any of the Sellers property or basincss, this mull may forthwith be conceded by the purchaser without liability. 16. GOVERNING LAW. The definitions of terns used or the interpretation ofthe agreement and the rights of all parties hereunder shall be consumed under and governed by the laws ofthe Suite of Coloado, USA. The following Additional Condition apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represenui,ive(s), An the pumices ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry an said work fit Sellers own risk until the same is fully completed and accepted, and shall, in rase of my accident, desumction or injury to the work mNor materials before Sellers final completion and sccepmnce, complee the work at Sellds own, expense ad to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, smo, nnd handle some at the vim and become responsible thommr as though such material, and/or equipment were being modified by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expanse, provide far the payment of workers comparison., including compatioml disease benefits, to its employees employed on or th connection with the work covered by this Purchase order, anpor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also Cary comprehensive general liability including, but not limited to, mnttactml and automobile public liability insumnee with bodily injury and death limits of in least S30g00D for any one person, SSORGKK9 for any one accident and property damage limit per accident of S400,0(l The Sean shall likewise require his n, if any, to provide for such compensation and insurance. Before any of the Sellers or his commttors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such competswtlon and insurance have been provided. Such certificates shall specify the dam when such compensation and insurance have been provided. Such certificates shall apecity the date when such compensation and iasumace expires. The Seller agrees that such compensation and marmite shall be mainlined writ other the entire work is mmpletd and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire crspoasibilay and liability for any and ell damage, loss or injury ofany kind r mart whmsocver to persons or property caused by or resulting from the exemtion ofthe work provided for in this mu has, aide, ar in wmecfion herewith. The Seller will indemnify and hold hare less the Purchaser mad any r all of the Purchasers affairs, agents and employees form and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or granary, to which the Purchaser may be put or subject by reason of any ail, action, neglect, omission or default on the pan of the Sella any of his contractors, or my of the Sellers or continuous ofcars, agents or employees. In case my suit or other proceedings shall he bmugla against the Purchaser, or is officers, agents Or employees ar my time on sternum or by remain of any act, actions neglect, omission or default of the Sells of my of his contractors m my 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, It pay my and all cash, changes, attorneys fees and other expenses, my and all judgments that maybe incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien he paled upon or obmimd against the property, of the Purchaser, or said panics is or as a result of such auis or other procediags, the Seller will at are arse the same m he dissoh'd and discharged by giving bond or otherwise. The Seller ond his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of ccidens, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rates and regodatioas issued purrum, thereto. Revised 07f2l