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HomeMy WebLinkAbout279796 COCAL LANDSCAPE - PURCHASE ORDER - 9112445PURCHASE ORDER PO Number Page City Of 9112445 ' of z `t Collins OI` lI n L+�7 This number must appear on all invoices, packing slips and labels. Date: 04/28/2011 Vendor: 279796 Ship To: PARK MAINTENANCE COCAL LANDSCAPE CITY OF FORT COLLINS 12570 E 39TH AVE 413 S BRYAN DENVER Colorado 80239 FORT COLLINS Colorado 80521 Delivery Date: 04/28/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Median Maint. Contract 1 LOT LS 167,211.00 PER TERMS AND CONDITIONS OF BID 6127 Total $167,211.00 Invoice Address: 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 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 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 99-(kI502. Federal Excise Tax Exemption Certificate of Registry 84-N) f05b7 is registered with the Collector of Intcmal Revenue, Denver. Colorado (Ref Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Good., Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit may be mtumed to you for credit and am not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival 11. NONWAIV ER. Failure of the Purchaser to insist upon strict Performance of the teadu and conditions hereof, failure or delay to exercise any rights or remcdics 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 m approval of the design, shall not release the Seller of any of the warmmics or obligations of this purchase order and shall not be decreed a waiver of any right of the purchaser to insist upon strict performance herenfor any of its right or remedies as loony such goods, regardless of when shipped, received or accepted, its to any prior or subsequent default hereunder. nor shall any mapancd oral modification or rescission of this purchase order by the Purchaser operate as a waiver of uny of the Icons hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order call result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fors Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in acmml economic pmdice, overcharges resulting fmm antitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact borne by the Purchaser. Theretnfore, for good cause and as consideration for executing this purchase order. the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tents. Shipments most be F.O.B., City of Fort Collins, 700 Wood St.. Fort Collins, CO 90522, unless acquired under federal or state antitmst laws for such overcharges reining to the particular good or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Parchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. ent ShipmDistance. Where manufacturers have distributing point, in various parts of the country. shipment is If the Purchaser direct the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected food the nearest distribution point to destination, and excess freight will be deducted farm Invoice when Purchaser and the Seller. and the Seiler therm Ber indicates its inability or unwillingness to comply, the Purchaser shipments arc made fmm greater distance. may cause the work to be perforated by the most expeditious means available to it, and the Scllcr shall pay all crass associated with such work. Permits. Seller shall procure at sellers sale cast all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and miss 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 Fort Collins harmless fraud and against all liability and Ins, incurred by them by reason of an asserted or established violation of any such laws, rcgulatiaos, ordinances, odes and mquircmcnts. Authorization. All panics to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional tends and conditions annexed hereto or incorporated herein by reference. Any additional or di Rerrnt terms and conditions proposed by sellerare 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 of the essence. Delivery and performance must be effected within the time stated on the purchase order and the document attached hereto. No act of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event allay delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing Ihis order elsewhere and holding the Seller liable for damages. However, the Seiler shall not be liable for damages as a result of delays due to comes not rcaconably foreseeable which arc beyond its reasonable control and without its fault of negligence, such acts of Gad, acts ofcivil or military authorities governmental priorities, fires, strikes Rood, epidemics. wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within rive (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 warrants that all goods. articles materials and work covered by this order will conform with applicable drawings, specifications, samples and/or tuber description, given, will be fit for the purposes intended. and performed with the highest dearer, of cam and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser harmless fmm 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 (1) year or within such longer period of time as may be prescribed by law or by the leads of any applicable warranty pmvidcd by the Seller aner the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials famished by the Scl let. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchnse order, the Set leas liability hereunder shall extend 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 pro fits or loss of use. NO IMPLIED WARRANTY OR MERCI IANTA BILITY OR OF FITNESS FOR PURPOSE SHALL APPLY, 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERJvIS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions From the quantities originally mdemd in the specifications or drawings. by verbal or written change order. If any such change affects the amount due or the time ofperfommncc hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any Or all ponirms of the grxad then nor shipped subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits an the unenmpletcd Fanion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Scllcr with respect to any good 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 fmm the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Scllcr 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 arc hereby incorporated herein by this reference. The Seller agrees 10 indemnify and hold the Purchaser harmless from all corset 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 ,..at-, 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. resets abons, security interest encumbrances and claims ofothers. The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature resulting fmm 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, ,fEccrs and employees ofsuch pony. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any 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, doiee, material or process covered by letter, patent, trademark or copyright. the Seiler shall indemnify and save harmless the Purchaser from any and all claims for in fringemcut by reason of the use of such patented design, do'icc, material or process in connection with the contract. and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason ofxuch infringement at any time during the prosecution or a0er 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 constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either Fracture for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment at modify it so it heanmcs noninfrincing. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpl, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers prapeny or boslnos, this order may forthwith be canceled by the Purchaser milhout liability. 16. GOVERNING LAW. The definitions ofterd used or the interpretation ofthe agreement and the rights ofall panics hcrcander shall be constmed under and governed by the laws of the State of Colcmdo. USA. The following Additional Conditions apply only in cases where the Seller is to Fergana work hereunder. including the services of Sellers Repmsentative(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted. and shall. in ease 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 men expense and to the satisfaction oflhc Purchaser. When materials and equipment arc famished by others for installation or cretin 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 Seller under the order. IS. INSURANCE. The Seller shall, at his own expense. pmvidc far the payment of workers compensation. including occupational disease 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 lava of the state in which the work is to he done. The Scllcr shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insorance with hnlily injury and death limits ofat least S300.600 for any one person. S500,000 far any one accident and property dames limit per accident of S400d00. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employr,es shall do any work upon the premises ofothers, the Seiler shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such eenificates shall specify the date when such compensation and insurance expires. The Seller agrees Ihnl such compensation and insurance shall be maintained until after the entire work is eomplcmd and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, lass or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the ocentina of the work provided far in this purchase order or in connection herewith. The Seller will indemnify and hold hornless the Purchaser and any Or all of the Purchasers officers, agents unit employees from gad against any and all claims, losses damages. charges or expenses, whether direct or indirect, and whether to persons ar property to which the Purchaser may be put or suhect by reason of any act, action, neglect omission or default on the pan of the Scllcr, any of his contractors, or any of the Sellers or contractors oiflcem, agents or employees. In case any snit or other proceedings shall be brought against the Pumho,cr. or its Officers, agents as employee, al any time an 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 effects, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the some at the Sellers own expense, to pay any and all costs, charges, atmmcys 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 or other lien be placed upon or obtained against the pmpeny of the Purchaser, nr said panics in m as a result ofsueh 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 lows and regadations with regard to safety including. but without limiation, the Occupational Safety nod Ilcelth Act of 1970 and all toles and regulations issued pursuant Ihercto. Revised 03/2010