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HomeMy WebLinkAbout279796 COCAL LANDSCAPE - PURCHASE ORDER - 9112611PURCHASE ORDER PO Number Page City Of 9112611 ' of 2 `t Collins This number must appear 1 on all invoices, packing slips and labels. Date: 05/09/2011 Vendor: 279796 Ship To: OPERATIONS SERVICES COCAL LANDSCAPE CITY OF FORT COLLINS 12570 E 39TH AVE 300 Laporte Avenue DENVER Colorado 80239 Building B FORT COLLINS Colorado 80521 Delivery Date: 05/09/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 8 months of landscaping 1 LOT LS 14,584.00 maintenance for 2011 for Police Services on Timberline. PER CHANGE ORDER 3 DATED 4-8-11 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 $1 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Tcrms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By stanate, the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 98-W502. Fedcml Excise Tax Exemption Certificate of Registry 94-6000597 is registered with the Collector of Internal Revenue. Denver, Colorado (Be[ Colorado Revised Statutes 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 actuated to you for credit and arc not to be replaced except area receipt of written instructions from the City Of Fort Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist titan strict performance of the tenors and conditions hcrcaf. failure Or delay to escrcise any rights or remedies provided herein or by law, failure to promptly amify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder orapproval of the design, shall not release the Scllcrnf any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the Purchaser to insist upon strict performance hercofor any of its rights or rcmedics as to any such goods, regardless of when shipped received or accepted, as to any prier or subsequent default hereunder, nor shall any purported am] 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 pan of the City of Fort Collins However, it is to be undeMond that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting train antitmst ACCEPTANCE is dependent upon completion of all applicable requited inspection pmeedurce. violations are in fact borne by the Muehoscr. Theretofore, for good cause and as consideration for cxecming this purchase ardeu the Seller hereby assigns to the Purchaser any and all claims it may now have or hcrcancr Freight Terms. Shipments must be F.O.B.. City of Fort Collins. 700 Wood St., Fort Collins. CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to fhc particular goods or services otherwise specified on this order. If permission is given to pmpay freight and charge scpnmtcly, 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. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will be deducted Farm Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability or umrillinguesa to comply, the Parchnscr shipments arc made Farm greater distance. may cause the work to he performed by the mast expeditious means available to it and the Scllcr shall pay all costs associated with such ,wark. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and tales 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 from and against all liability and loss incurred by them by reason of an asserted on established violation of any such laws, regulations. Ordinances, odes and requirements. Authorization. All panics to this contract agree that the mprecntatives arc, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order espocdy limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional tones and conditions annexed hereto or incorporated herein by reference. Any additional or different tom¢ and conditions pmpnsed 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 date as noted. Time is of the essence. Delivery and performance most he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation. acceptance ofpartial late dcliverics, shall operate as a waiver of this provision. In the event of any delay. the Parchase, shall have, in addition to other legal and equitable remedies, the option ofrlaeing this order elsewhere and holding the Seller liable for damages, However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable cannot and without its fault of negligence, such acts of Gad, acts ofcivil or military authorities, governmental priorities, Firs, strikes, Road, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser u ithin 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 ofthe delay. 3.WARRANTY. The Scllcr warrants that all goods, articls, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit far the purrawes 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 Firm any lass, damage or cupen,c which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cast ro the purchaser, any defeats or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller aver 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 or 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 guarantees, but such liability shall in no event include loss of pmfts 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 terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the firms, other than legal terms, including additions to or deletions From the quantities Originally ordered in the specifications Or drawings, by verbal at written change order. If any such change affects the amount due or the time offunfa mane 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 portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any mark or materials then in progress provided chat the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion ofthc good; 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 are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within thirty (30) days from the date the change of trarinatinn is ordered. S. 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 arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and rcgudmlous acquired 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 parry. 10. TITLE. The Seller warrants full, clear and unrestricted rifle to the Purchaser for all equipment. materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall rcleov the Purchaser and its contractors of any tier from all liability and claims of tiny nature resulting from the performance ofsuch work. This release shall apply even in the even, of fault of negligence of the party released and shall extend to the directors. Offirers and employees ofsuch parry. The Seller', contractual Obligations, including warranty, shall not be deemed to be reduced. in any way, because such mark is performed or caused to be perforated 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 indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, devi", material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason attach infringement at any time during ,hc 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 suit held to constitute infringement and the use Of said equipment ar pan is ermined, the Seller shall, at its own expense and at its option, cilhcr procure for the Purchaser the right to con inuc using said equipment or parts, replace the same with subxtnntinlly equal but noninfringing equipment, or mntlify itso it becomes anninfringing. 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 ar business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions aftcmw used or the interpretation of,he agreement and the right ofall panics hereunder shall be constmcd under and governed by the laws aflhe State of Coloncio. USA. The following Additional Conditions apply only in cases where the Seller is to perform, work hereunder, including the services of Shccrs Representative(,), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on .said wark at Scllcr, men risk until the same is fully completed and accepted, and shall. in case of any accident, dcstmction or injtuy to the work and/or materials before Seller's final completion and acceptance, complete the wark at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment arc 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 furnished by the Scllcr under the order. 19, INSURANCE. The Seller shall, at his Own exren,c, provide for 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 ,he, lams of the .state in which the work is to he done. the Seller shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public liability insurance .with brxlily injury and death limits of at Icast S300.000 for any one person. S5ogoo0 for any one accident and property damage limit per accident of S400.000. The Scllcr still likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Scllcrc Or his contraction, 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 certificates shall specify the date when such compensation and insurance have been provided. Such cenificarcs shall specify the date when such compensation and insurance expires The Seller agrees that such compenmtion 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 affray kind or mount, whatsoever to persons or property caused by or resulting from the execution of the work pmvidcd for in this purchase order or in connection herewith. The Scllcr will indemnify and hold ham life Purchaser and any or all of the Purchasers officers. agents and employees fmm and against any and all claims, losses, damages. charges or expenses, whether direct or indirect, and whether to persons or property to which file Purchaser may be put or subect by reason of any act. action. neglect, omission or default on the pan of the Seller. any of his contractors, or any of the Sellers or contractors affects, agents or employees In case any suit Or other proceedings shall be brought against the Purchaser, or its offsets, 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 env of its or their officers, agents or employees as aforesaid flue Seller hereby agrees to assume the defense thereof and ,o defend the same nl 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, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said panics in or as a result ofsuch suits or other proceedings, the Seller will at Once cause the same In be dissolved and discharged by giving bond or nflu ryise.'fhe Seller and his cantmctors shall lake all safety precautions, furnish and install all guards necessary for (lie prevention of accidents, comply with nil laws and regulations with regard to safety including, but without limitation, the Occupational Safety and health Act of 1970 and all odes and regulations issued pursuant therein. Revised 03/2010