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HomeMy WebLinkAboutBid Tally -8398 TREE BRANCH GRINDING (2)PURCHASE ORDER PO Number Page C117/ Of 9167457 1 of z 6rppear F6rt n all invoices, pacst king ` Collinsv ` �7 on all invoices, packing sli s and labels. Date: 11/09/2016 Vendor: 281095 Ship To: PARK MAINTENANCE A-1 ORGANICS INC CITY OF FORT COLLINS 16350 WCR 76 413 S BRYAN EATON CO 80615 FORT COLLINS CO 60521 Delivery Date: 11/09/2016 Buyer: ED BONNETTE Note: PER BID AWARD AND SIGNED SERVICES AGREEMENT WITH A-1 ORGANICS FOR 8398 TREE BRANCH GRINDING. Line Description Quantity Ordered UOM Unit Price Extended Price Wood Grinding Bid 8398 1 LOT LS 13,500.00 Per contract with A-1 Total $13,500.00 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 invoices @fcgov.com Purchase Order Terms and Conditions Page 2 of 2 1 COMMERCIAL DETAILS. Tax exemptions By statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000597 is registered with the Collector of Internal Revenue, Denver, Colors& (Ref Colorado Revised Stawtes 1973. Chapter 39-26, 114 (a) Goods Rejected GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be retuned to you for credit and are nut to be replaced except upon receipt of written instructions from the Chry of Fort Collins Inspection GOODS are subject to the City of Fort Collins mspecuon on amval I . NONWAIVER Failure of the Purchaser to insist upon inner performance of the terms and conditions hereof, hulme or delay to exercise any rights or remedies provided herein or by law, failure to promptly uoufy the Seller in the event of a breach. the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of any of the warranues or obligations of this purchase order and shall not he deemed a waiver of my right of the purchaser to Insist upon stud performance hereof or any of its rights or remedies as no any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any paryorted oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms hereof Final Acceptance Receipt of the merchandise, services or equipment in response to this order can result in 12 ASSIGNMENT OF ANTITRUST CLAIMS authonced payment on the pan of the City of Fort Collins However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion oral I applicable required inspection proceduresviolations are in fact home by the Purchaser Theretofore, for good cause and m consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F O B , City of Fan Collins, 700 Wood St, Fan Collins, CO 80522, unless acquired under federal or stale antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order If permission Is given to prepay freight and charge separately, the anginal freight purchased or acquired by the Purchaser pursuant in this purchase order bill must accompany imatu Additional charges for packing will not be accepted. Shipment Distance Where manufacturers have distributing points in s•anous pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure m sellers sole cost all necessary permits, centfiotes and licenses required by all applicable laws, regulations, ordinances and rules of the suite, municipality. territory or political subdivision where the work is performed, or required by any other duly comumted public authority having junsi iction over the work of vendor Seller further agrees to hold the City of Fen Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements Authorization. All panics to this contract agree that the represeotanves me, in fact, bona fide and possess full and complete authority W bind said parties. LEWTATION OF TERMS This Purchase Order expressly limits acceptance to the terms and conditions stated herein sit forth and any supplementary or additional terms and conditions annexed hereto or Incorporated herein by reference Any additional or different terms and conditions proposed by seller are objected to and hereby rejected 2 DELIVERY PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery dam as noted Time is of the essence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto No acts of the Purchasers including, without hmnation, acceptance of partial late deliveries. shall operate as a waiver of thus provision In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller Gable for damages However, the Seller shall nor be liable for damages m a result of delays due to causes not reasonably foreseeable which are beyond an reasonable control and without its fault of negligence, such acts of God, acts of chvtl or military ammelues, governmental pnonues, foes, stakes. food, epidemics, wars or riots provided that nonce of the conditions taming such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof In the event of any such delay. the date of delivery shall be extended for the period equal to the rime actually lost by reason of the delay 3 WARRANTY The Seller warrants that all goods, amcles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or 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 nature. The Seller agrees to hold the purchaser harmless from airy loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty The Seller shall replace, repair or make good without cost to the purchaser, my defects or faults arising within one (1) year or within such longer period of time m may be presented by law or by the terms or my applicable wananry provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from Imperfect or defective work done or materials famished by the Seller Acceptance at use of goods by the Purchaser shall not constitute a waiver ofany 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 the foregoing warranties or Romantics, but such Inability shall in no "ant include loss ofprofits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY 4 CHANGES IN LEGAL TERMS The Purchase may make changes to legal terms by wnnen change order 5 CHANGES IN COMMERCIAL TERMS The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order If 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 any time by women change order, terminate this agreement as to any or all portions of the goods then rot shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted poman of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect many goods which are the Sellers standard stock No such termination shall relieve the Purchaser or the Seller of any of the., obligations as to any goods delivered hereunder. 7 CLAIMS FOR ADJUSTMENT Any claim for adjustment most be assened within thirty (301 days from the date the change or termination is ordered 8 COMPLIANCE WITH LAW The Seller %wants that all goods said hereunder shall have been produced, sold, delivered and furnished in smct compliance with all applicable laws and regulations to which the goods we subject The Seller shall "acute and deliver such documents as may be required to effect or evidence compliance All laws and regulations required 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 the Purchaser as a result of the Sellers failure to comply with such law 9 ASSIGNMENT Neither parry shall asagn, transfer, or convey this order, or any monies due or to become due hereunder without the prior wnihm consent of the other patty 10 TITLE The Seller warrants full, cleat and unrestricted tide to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all hens, restrictions, reservations, security interest encumbrances and claims of others 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to wired nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Sella, and the Seller thereafter indicates is mabdiry or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeduous means available to it and the Seller shall pay all costs associated with such work The Seller shall release the Purchaser and its contractors of any her from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the evict of fault of negligence of the parry released and shall extend to the directors, armors and employees of such parry The Sallers contractual obligations, including warranty, shall not be deemed to be reduced, many way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or processcovered by lever. paten( trademark or copyright the Seller shall Indemnify and save harmlessthe Purchaser from any and all claims for a fnngemenn by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify, the Purchaser for any cost, expense or damage which it carry be obliged to pay by reason of such infringement many time during the prosecution or after the compleuon of the 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 shag, at Its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfnnging equipment. or modify it so it becomes naninfnngmg. 15 INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16 GOVERNING LAW The definitions ofterms used or the interpretation of the agreement and the righu oral] parties hereunder shall be construed 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 work hereunder, including the services of Sellers Represenmtive(s), on the premises ofod ers 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same Is fogy completed and accepted, and shall. in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and 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, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seiler under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to as employees employed on or in connection with the work covered by this purchase order. and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one parson, $500,000 for any one accident and property damage limn per accident of $400.000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided Such cesificates shall specify the date when such compensation and insurance have been provided Such certificates shall specify the date when such compensation and insurance expires The Seller agrees that such compensation and insurance shall be maintained until after the entire 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 ofany kind or nature whatsoever to persons or property soused 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 Purchaserand any or all of the Purchasers officers, agents and employees from and against any and all darms, losses, damages, charges or expenses, whether direct or indirect and whether to persons or property to which the Purchaser may be put or subject by reason of any act. action, neglen, omission or default on the pan of the Seller, my of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the purchaser, or its officers, agents or employees at any ume on account or by reason of my 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 oval expense, to pay my and all costs, charges, mtomeys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other ben be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Haalth Act of 1970 and all rules and regulations issued pursuant thereto Revised 03/2010