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HomeMy WebLinkAbout126682 A & M LANDSCAPE INC - PURCHASE ORDER - 9102910 (2)Date: 7/16/2010 City of �,.For_t Collins Page Number: 1 Purchase Order Number: 9102910 Delivery Date: 6/3/2010 Buyer: STEPHEN, JOHN Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence. Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Qty/Units Description Extended Price 2 1 LOT Addendum to PO 9102910 10,000.00 Total $10,000.00 Invoice Address: City of Fort CgWinY Director of Purchasing and Risk Management City of Fort Collins This order is alid over $5000 unless signed by James B. O'Neill II, CPPO Accounting Department City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580 PO Box 580 Phone: 970-221-6775 Fax: 970-221-6707 Email: purchasing@fcgov.com Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Port Collins is manful ftom state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Catificare of Registry 84-6000589 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS BETE= due to fmiure to meet specifications, either when shipped or due to defects of damage in transit, may be resumed to you for credit and are not to be replaced except upon receipt of written initiations from the City of Fort Collins. Inspection. GOODS we subject to the City of Fort Colin irespadaion on arrival. Final Acceptance. Receipt ofthe merchandise, services or equipment in response to this order can result in authorized payment on the pat of the City of Fort Collide. However, it is to be understood that FINAL ACCEPTANCE n dependent upon completion ofall applicable required inspection procedures. Freight Terns. Shipments most be F.O.B., City of Fort Collins, 900 Wood St, Fan Collins, CO 80522, unless otherwise specified on thin order. Ifpem fission is given to prepay fieighs and charge separately, the original freight bill most acconryary brake. Additional charges for packing will not be accepted. Shipment Distance. Where tmnufacture. have distributing points m various pans of the country, shipment cexpened hum the nearest distribution point to destination, and excess freight will be deducted fiom Invoke when shipments we made gam greater distance Forms. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles ofthe state, municipality, territory or political subdivision where the work is pafomed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins hamdess from and against all liability and loss incurred byfl mby reason of an asserted or established violation of arty such laws, regulations, ordinances, rules and requirements Authorization . All parties to this contract agree that the representatives we, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expresslylbrdts acceptanm to she term mdwMitwmatatdham ad forth and any supplementary or additional term 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 mount make complete shipment to arrive cm your promised delivery date an noted. Time is of Ne essence. Delivery and umfornsims, must be effected within the time stated on the purchase order and the documents attached hereto . No acts of the Parcharn including, without limitation, acceptance ofpartial late deliveries, shall operate as awalver ofthis provision. In the at army delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Sella liable for damages. However, the Seller shall not be liable for damages as a result of delays due to camses not reasonably foreseeable which we beyond its reasonable control and without its Fault ofnegligerae, such acts of God any of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or dots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Sella Cunt received knowledge thereof. In the event of my such delay, the date ofdelivery shall be mtan ed for the period equal to the time actually lost by reason ofth, delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, saryrles and/or other descriptions given, will be fit for the purposes intended and performed with the highest degree ofcare and compaence in accordance with accepted esandads for work of a simile nature. The Seller agrees to hold the purchaser hartdea fi in my loss, damage or expense which the Purchaser may suffer or incur on amount ofsbe Sepia breach ofwananty. The Seller shall replace, repair or make good, without cost to the purchaser, any defeats or faults arising within one (I) year or within such longer period intone as maybe prombedby law, or by the tens of any applicable warranty provided by Be Seller after the date of acceptance of the goods admittd hereunder (acceptance not to be unrcaorebly delayed), resulting from imperfect or defective work done or materials fiushed by the Sella. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except out otherwise provided in this purchase order, the Sellers liability hasunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantee, but such liability shall in an wee 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 Purchases may make change to legal terra by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser Trey make any changes to the terns, other than legal tend, including additions to or deletions fiomthe quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the anrowtt due or the time ofperfomance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Pardoner may at any time by written change order, dominate this agreement se to any or all portions ofthe goods then not shipped, subject to any equitable adjustment between the panic a to my work or materials than in progress Provided Nat the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor oftheseda with respect to any goods which are standard the Sellers standastock. No such termination shall relieve the Purchaser or the Sella of any of their obligations us to any goads delivered hereunder. T. CLAIMS FOR ADIUSTMENT. Arty claim for adjustment must be asserted within thirty (30) days from the date the change or mannation is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold haeuada shall have been produced, sold, delivered and dumbed in stria compliance with all applicable laws andregulations to whichthe goods are subject The Sellashallexecute auddebver such documents as may be required to effect or evidence compliance. All laws and regulations required to be corporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser It"css 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 align, transfer, or convey, this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Sella warrants full, clear and unrestricted title to the Purchaser for all equipment materials, and item fusnishdin pedwarma of this agrarian. free and clear of any cod all has, restrictions, raervaimus, security interest encumbrances and claims ofathers. I1. NONWAIVER. Failure of the Purchaser m insist upon strict performance of the rams and conditions hereof, failure or delay to exercise any tights or remedies provided herein or by law, failure to promptly notifythe Seller in the event ofabrcwl, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of my of the warranties or obligations ofthis purchase order and shall not be demand a waiver of my tight of the purchaser to insist upon sWa performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, m to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission ofthis purchase order by the Purchaser operate a a waiver of any of the term hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Pmchatt recognize that in actual economic practice, overcharges resulting from antitrust violations 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 ell claim it may now have or hereafter acquired under federal or state ant itmt laws for such overcharges relating to the particular goods or services purchased or acquired by the Pmnhaer pursuant to this purchase order. H PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Stiletto correct nonconfomdng or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inabifity or unwillingness to comply, the Parchi er my cause the work to be pert coed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors ofany tiff from all liability and claim ofanyrat.it resulting loom the Performance of such work. This release shall apply even in the event offault ofnegligence ofthe party released and shall extend to the directors, office. and employees fsuch patty. The Sellers contractual obligations, including wa.mnty, shall not be deemed to be reduced, in any way, because such work is pertonded or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemmity and save hamdess the Purchaser from any and all clams far infringement by reason ofthe use ofsuch patented design, device, material or process in connection with the contract, and shall adenmify the Purchaser for any cost, expense or damage which it maybe obliged to pay by reason ofsuch infringement a any time during the prosecution or after the compleion ofthe work. In case said equipment, or any part thereofor the intended use ofthe goods, a in such suit held to constitute infingenent and the use ofsaid equipment or pat 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 airport, replace the same with substantially equal but non -infringing equipment, or modify it so itbecnrres non -infringing. 15. INSOLVENCY. Ifthe Sellersholl become insolvent or bankrupt, make an assigirmant bathe benefit ofcreditors, appoint anceiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchma without liability. I6. GOVERNMG LAW. The defitions of tam used or the interpretation ofthe agreement and the rights of all parties hereunder shall be corestmed 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 umces of Sellers Representative(s), on the premises of others. ❑. SELLERS RESPONSIBILITY. The Seller shall carry on saidwork at Seller's own risk until the same w fully completed and accepted, andahalL ineae of any accident destruction or injury to the work andlor materials before Seller's final completion and acceptance, completethe work st Seller's ownexperese and to the satisfaction ofthe Purchase, Whenmterfs andequipmentshe famished by others for installation or erection by the Sella, the Seller shall receive, unload, store and handle same at the site and become responsible thaefmr a though such materials and/or equipment were being furnished by the Sella anchor the order. 18. WSURANCE. The Seller shall, a his own expense. Provide for the payment ofworkrn compensation, including occupational dame benefits, to its 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 Sella shall also carry comprehensive gerandi liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death lindts of at least $300,000 for any one Person, $500,000 for any one accident and property damage last per accident of $400,000. The Seller shall blaewise require his contractors, if any, to provide for such compensation and insurance Before any of the Setters or his contractors employees shall do any work upon the premises clothed, the Sella shall famish the Purchaser wish a emificate that such compensation and nsarance have been pmvichai Such cenificates shall specify the date when such corllpemation and insurance have been provided. Such cenificam shall specify the date when such compensation and insurance expum The Sella agrees that such compensation and insurance shall a maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume the entire impassability and liability for any and all doming, loss a injury of any kind or nature whatsoever to persons or Property caused by or resulting fiom the execution ofthe work provided for in this purchase order or m connection herewith. The Sella will indemnify and hold barmlas the Purchaser and any or all of the Purchasers officers, ag.0 cod employees from and against any and all claims, loses, damages, charges or expenses, whether direct or indirect, andwhdhato persons or propenyto which the Purchaser stay beput orsubjea by reason ofary act, action, neglea monsoon or default on the pan ofthe Seller, anyofhis convectors, or anyofthe Sellers or contractors officers, agents or employee. In case any suit or other proceedings shall be brought against the Purchaser, or its ofiorn, agents or employees at anytime on account or by reason ofany act, action, reflect, assistant or default of the Sella of any allots contractors or any of its or their officers, agents or employees as aforesaid, the Sella hereby agrees to assume the defense thersofand to defend the same a the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and allyidgments that maybe incurred by or obtained sweet the Purchaser or any of its or their officern, at, or employees in such suits or other proceedings, and in care judgment or other lienbe placed upon or obtained against the property ofthe Purchases, or said parties in or as result of s itch suits or other proceedings, the S elltt will at once cause the s aoe to be dissolved and discharged by giving had or otherwise. The Seller and his contractors shall take all safety precautions, finish and install all guards necessary for the prevention of accidents, comply with of laws and regulations with regard to may including, but without limitaion, the Occupational Safety and Health Am of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010