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HomeMy WebLinkAbout279796 COCAL LANDSCAPE - PURCHASE ORDER - 3211342City of Fort Collins Date: 03/04/2011 Vendor: 279796 COCAL LANDSCAPE 12570 E 39TH AVE DENVER Colorado 80239 PURCHASE ORDER PO Number Page 3211342 1 102 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 Colorado 80521 Delivery Date: 03/04/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2011 Annual 1 LOT LS 40,000.00 PER TERMS AND CONDITIONS OF BID 6127 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 Total Invoice Address City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tem3s and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local axes. Onr Exemption Number is 98-W502. Federal Excise Tax Exemption Cenificatc of Registry 84-60I(1587 is registered with the Collector of Internal Revenue, Denver. Colorado (Ref. Colorado Revised Startles 1973. Chapter 39-26. 114 (n). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City offal Collins inspection on arrival 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law. failure to promptly notify the Scllcr in the event of a breach, the acceptance of or payment for goods hereunder ar approval of the design, shall not release the Seller of any of the wamntics or obligations of this purchase order and shall not be deemed a waiver of any right ofthe purchaser to insist upon strict performmrcc hcreefor any of its rights or remedies is to any such goods, regardless of when shipped, received or accepted. as to any prior or .nibscquent default hcrmmder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the turns 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 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 ofall applicable required inspection procedures, violations are in fact home by the Purchiser. Therctnforc, for good cause and as consideration for executing this purchase order, the Seller hereby assign, to the Purchaser any and all chinas it may now have or to rcaner Freight Terms, Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 90522. unless nequired under federal or state nntitmst laws for such overcharges relating to the particalnr goods or services othcnvise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various 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. Pennants. Seller shall procure at sellers sale cost ill necessary permits, certificates and licenses required by all 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 Fan Collins harmless from and agutum all liability and Inss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, odes and roquiremcnts. Authorimtion. All panics to this contract agree that the representatives arc, in fact, bona fide and possess fidl mud complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expm,sly limits acceptance to the turns and conditions stated herein set forth wad any supplementary or additional teoss and conditions annexed hereto or incorporated herein by reference. Any additional ar different terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time stated on the purchau order and the documents attached herein. No acts of the Purchasers including, without limitation. acceptance ofpanial late deliveries, shall operate as a waiver of this provision. In the event of any delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order clsewherc and holding the Seller liable fm damages. However, the Seller shall not be liable for damages as a result of delays due to comes not reasonably foreseeable which am beyond its reasonable control and without its fault ofnegligence, such acts of God. acts ofeivil or military authorities, governmental priorities, fires, strikes food, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days ofthe 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 ream ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work crowed 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 cam 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 on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one 11) year or within such longer period of time as may be prescribed by law or by the temss ofany applicable warranty provided by the Seller after the date of acceptance ofthe goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver fany claim under this warranty. Except as othcnvise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamntics or guarantees, hot such liability shall in no event include loss ofpmfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS, The Purchaser may make changes to legal tells by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the (eons other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or dmwvings, by vabnl or written change Or1cr. If any such change affects the amount doe or the time ofperformance hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the good then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress pmvided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion 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 to any goods which arc the Scllcrs standard stock. No such termination shall relieve the Purchaser or 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 golds sold hereunder shall have been produced, mid, delivered and finished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may he required to effect or evidence compliance. All laws wad 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 hmmlesa 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 assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, malcin Is, and items famished in performance of this agreement. free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of nthcrs. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Scllcr, and the Seller thereunder indicates its inability or unwillingness to comply, the Purchasc may cause the work to be performed by the most cxp,x itious 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 tier from all liability and claims of any nature resulting from the performance ol'sueh 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 ofsuch parry. The Sellers contractual obligations, including warranty, shall not he deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. W. PATENTS. Whenever the Seller is required to rase any design, device, material or process covered by Ictrer. patent. trademark or copyright, the Seller shall indemnify and save hanalec the Purchaser from any and all claims for infringement 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 may he obliged to pay by reason ofsuch infringement it 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 soil 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 lime with 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 bereft 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 oftemr, used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be eonstmcd under and governed by the laws offl c State of Colnmdo. USA. The following Additional Conditions apply only in cases where the Seller is to perfoma work hercundcr, including the services of Scllcrs Rcprescntative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said mark at Scllcrs own risk until the same is fully 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 furnished by others for installation or erection by the Seller. the Seller shall receive. anlaad, stare and handle emu, at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the prymct of workers compenmtion. including occupational disease benefits, to its employee, employed no or in connection with the work covered by this purchase order. and/or to their dependents in accordance with the Imes of the state in which the work is to be done. The Scllcr shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily ionny and death limits of at least S300.000 for any one person. 5500,000 for any one accident and property damage limit 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 ofmhcrs, the Seller shall Pomish the Purchaser with a eenificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been pmvided. Such certificates shall specify the date when such compensation and insurance expires. The Scllcr igrces 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 of any kind or nature whatsoever to persons or properly caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold Formless the Purchaser and any or all of the Purchasers officers, agents and employees from ,ad against any and all claim,. losses, damage,, 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, neglect, omission or default on the pan of the Setler. any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any snit 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 anv 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 no 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, agents or employees in such suits or other proceedings, and in case judgment on other lien be placed upon or obtained against the property of the Purchaser, or said panics in cr 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 Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010