HomeMy WebLinkAbout126682 A & M LANDSCAPE INC - PURCHASE ORDER - 9105055Fbrt-Cottins
Date: 09/23/2010
Vendor: 126682
A & M LANDSCAPE INC
14892 CR #84
AULT Colorado 80610
PURCHASE ORDER PO Number. Page
9105055 1 o12
This number must appear
on all invoices, packing
sli sand labels.'
Ship To: CLRS ADMINISTRATION
CITY OF FORT COLLINS
215 N MASON, 3RD FLOOR
FORT COLLINS Colorado 80524-4
Delivery Date: 09/23/2010 Buyer.. JOHN,STEPHEN
Note:
Quanti
Line � Description . UOM Unit Price Extended
Ordered
Price
1 Spring Canyon Playground 1 LOT LS 23,000.00
Overflow Parking Improvements
Landscape and irrigation improvements to the overflow
Parking area near the Spring Canyon Community Park
play round-per'Bi'd 7166:and agreement dated 9/22/,10.
Total $23,000.00
City of Fort Collins Director of Purchasing and Risk Management Invoice Address:
This order is not valid over$5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO BOX 580
Fort Collins, CO 80522-0580
rchase Order Terms and Condi
1. COMMERCIAL DETAILS. -
Tax exemptions: By statute the Crty of Fort Coltinsis exempt from state and local nixes Oui•Eicempdon Number is
95-04502 FedcraFExctse fak Exempti6fit tificate. of Registry 84-6000587 is registered with the Collector of
Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a).
Internal Revenue; Denver,
Goods Rejected. GOODff REJECTED due to'farlure to meet specifications, either when shipped or due to defects of
damage in transit, may be returned ro you;for crMit luid,are not to be replaced except upon receipt of written
instruc�re fmta thFCityofFott Collins:."`•-' '
Inspection. GOODS are subjeato the City of Fort Collins inspection on arrival.
Page 2 of 2
11. NONWAIVER.' - -
Failure of the Purchaser to insist upon strict performance of the tents annd-conditions hereof failure"or delay to
exercise any rights or remedies provided herein'ar by law; failure`td-limmptly nOtfi ;.Yhe,Seller in'the went of a
breach, the acceptance of or payment for goods hereunder of appro6al of the design, shall not reW&C the Seiler of
any of the warranties or obligations of this purchase order and shall not tie deemed a waiver of any`rigtrtof;the
Purchaser to insist upon strict performance hereof or.any'of lis rights or remedies as to any stub goods, regardless
of when stripped, received oraccepted, as to any prior or subsequent default.heieunder':d"or;A all any puryorted
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any 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.
authorized payment on the part 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 of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause:abd as consideration for executing this
Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless
otherwise specified on this, order. If permissionis given to prepay, freight, and charge separately, the original freight
bill must accompany invoice. Additional charges for packing wilLnot be'accepted �' -
Shipment Distance. Where manufacturers;have distributinFimints in' various � parts of the country, shipment is
expected from the nearest distribution point to destination; and excess freight wilhbe deducted from Invoice when
shipments are made from greater distance. ..
sole cosf ell necessary peru»ts, certificates and licenses required by all
Permits. Seller shall procure at`selleis
applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the -City of For[ Collins hamiless, from and against all liability end loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules
and requirements.
purchase order, the Seller hereby assigns to the Purchaser any and "all claims 'it may now have or hereafter
acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF, SELLERS OBLIGATIONS -
If the Purchaser directs the Sellerto correctnonconformmg'or defective goods by'a date to be agreed upon by the
Purchaser and the Seller, and thcSeller thereafter.mdicataslts inebrhty,or upwillingness to comply, the Purchaser
may cause the work lobe performed by the .most expedrtrous means.available: to it, and the Seller shall pay all
costs associated with such work. .. -
The Seller shall release the Purchaser and pits contreaors'of enytier'from ell.ai ibility and claims of any nature
resulting from the performance of such work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, officers and employees of sueb party.
Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
'complete authorityto bind'saidparhes '"-' - - ^-- ' 'such work'is performed or caws"edfo' beperformed by the Purctiesa
LIMITATION;OP TERMS. This Purchase,Order expressly limits acceptance to the.terms and conditions stated r'•:t
, . - ,herginsetforthend.anysupplementary.oradditionaltemssand conditions annexed herein onincorporated herein:by14.'PATENTS.,._„-
reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark
2. DELIVERY.
or co 'lit th S 11 h
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
.promised deliverydate as noted..Timeis.of the essence.:Delivery,and performance must. be. effected.within.thetime
stated;on the purchase order and the documents attached hereto NO am of the Purchasers:including, without
limitation, acceptance of partial late deliveries';"shiill'operate as a waiv iif ibis provision In the eyint of any delay,
the Purehasalliall havcJu addition to. other; legal. and equitable remedies,.the,option ofplacmgahis orderelsewhere
and holding the Seller liable for damages However, the Seller shall not. be liable for damages as a result of delays
,die to;oauses not reasonably foreseeable which'are beyond its reasonabIC&ntrol and without iis`fault of negligence,
such acts of God, acts of civil or military authorities,:governmental priorities, fires, strikes, flood, epidemics, wars or
riots provided that notice of the conditions causing 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 time actually lost by reason of the delay.
3. WARRANTY.
The Seller warmnts,that all goods, articles, 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 any loss, damage or expense which the
Purchaser may suffer or incur onaccount tof the Sellers breach of warrmnty. The Seller shall replace; repair or mike
good, without cost to the purchaser, any defects or faults arising within one (1) year or within such,longer period, of
time as may be prescribed bylaw or by the tents of airy applicable warranty provided'by the Seller;aiter.the date'of
acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed) resulting`,from ratperfect
or defective work done or materials fumishedbythe Seller. Acceptance or use of giiods by& Purohaser shalriigr
constitute a waiver of any claim under this warranty. Except as otherwise. provided in this purchase order!ttie Sellers
liability'hereundershall1extend to all damages. proximately caused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include loss of profits or loss of use. NO 1MP1•IED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
pyng e e at s all n annify and save harmless the Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, material or process inconnectionwith the contract,:and,
shall indemnify the Purchaser for any cosL.expense or damage which it may be obliged to pay by reasoo'of such
infri .gementat i ny,time during the.prosecution or after the completion,, of the work: -In. equipment, or
any part thereof or the intended use of the goods, is insuch suit held to constitute infiingementend the use of
said equipment or part is enjoined, the Sef e-fsfiell,at:its own expense and at its option, either procure for the
Purchaser.the,rightto.continue,using.said.equipmentor,parts,.replace:the same mitha substantially equal but
noninfringing equipment, or modify it so it becomes noninfringing. -
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoints
receiver or trustee for any of the Sellers property or business, thrsrorder`may foltliwiw;b`e canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of terms used or the interpretation of the agreement and the rights of ellpaities hereunder shall be
construed under and governed by the laws of the State of Colomdo, USA.
The following Additional Conditions apply only in cases where the Seller rs to`paform work hereunder,
including the services of Sellers Representative(s), on the premises of others.
17 SELL'ERSRESPONSIBB.ITY
The Seller shall carry on said work'at Sellers ownnsk until the same rs fully"completed,and accepted, and shall,
t m case of any accident; desWaion-or mJury to the and/or mmenals.beforb Seller's final completion and
accepiancq complete the workatSellers--,own expense and;todte satisfaction of thetP,urchaser. When materials
and equipment are f, 'Shed by others far installation or erection by the Seller, the,Sa1l shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials and/or equipment
were being furnished by the Seller under the orde_r:
4. CHANGES IN LEGAL TERMS. 18. INSURANCE,,-.
The Purchaser may make changes to legal terms by written change order. The Seller shall, at his own expense, provide for the payment of workers compensation; including occupational
disease benefits;th the work cov
o its employees employed on or in.connection with the purchase order,
5. CHANGES IN COMMERCIAL TERMS. and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller The Purchaser may make any changes to the terms, other than legal terms,including additions to or deletions from shall also carry comprehensive; general liability including, but not limited to, contractual andautomobilepublic
the quantides,,otiginally, ordered,in.the specifications. or drawings,. by. verbal. or.wriften change -order. If any such liabilityinsurance with bodily-
injury:and:deatbdimit,,ofat.least,$300,000for ,anyone;person;.S500,000.for.any_ change affects the amount due or the time ofperformance hereunder, an equitable adjustment shall be made. one aan 'accident adproperty damage limit' per. accident of S400,000. The 'Seller shall likewise require his
contractors, if any, to provide foT such compensation and insurance. Before any of the Sellers or his contractors
6. TERMINATIONS. employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate
ThePuichaser.inay.at any time by written change,mder,jterminate this agreement as to any or all portions of the that such compensation and insurance have been provided. Such certificates shall specify the date when such
goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in compensation and: insurance have been provided: Such certificates shall specify the date wbensuch compensation
progress provided that the Purchaser sball not be liable for any claims for anticipated profits on the uncompleted and insurance expires. The Seller agrees that such compensation and insurance sball be maintained until after the
portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in entire work is completed and accepted.
favor of the Seller with respect to any goods which are the Sellers standard stock No such termination shall relieve
the Purchaser a the Seller of any of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict
compliance with all applicable lawsandregulations to which the goods 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 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 party shall assign, 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 Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished
in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest
enmmbmnces and claims of others.
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
or nature whatsoever to persons or property caused 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 Purchaser and any
or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether director indirect, and whether to persons or property to which the Purchaser may
be put or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any 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 time on account 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 fees and other expenses,
any and. all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers,
agentsoremployees-insuchsuits or other proceedings; and in case judgment or other lien 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. Tie 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, butwithout limitation, the
Occupational Safety and Health Act of 1976 and all rules and regulations issued pursuant thereto.
Revised 03/2010