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HomeMy WebLinkAbout196580 L & L LANDSCAPE - PURCHASE ORDER - 3212207PURCHASE ORDER PO Number Page City of 3212207 1 of z `t Collinshis number must appear 1 ton all invoices, packing slips and labels. Date: 01/23/2012 Vendor: 196580 Ship To: WATER UTILITIES L & L LANDSCAPE CITY OF FORT COLLINS PO BOX 62 700 WOOD ST WINDSOR Colorado 80550 FORT COLLINS Colorado 80521 Delivery Date: 01/20/2012 Buyer: OPAL DICK 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 Description Quantity UOM Unit Price Ordered Extended Price 2012 Blanket Order 1 LOT LS 40,000.00 Utilities Total $40.000.00 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 ll, 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 Terfns 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 98-0H502. Federal Excise Tax Exemption Certificate of Registry $1-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref 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 returned to you for credit and arc not to be replaced except upon receipt of written instructions from the City of Fun Collins. Inspection. GOODS arc subject to the City of Fon Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon .strict performance of the toms and conditions hereof. failure or delay to exercise any rights or rcmedics 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 or approval of the design, shall not release the Seller of tiny of the wrmmies or obligations of this purchase order and shall not be deemed a waiver of any right Of the purchaser to insist upon strict perfomnnce heratf or any of its rights or rcmedics as to any such goods, regardless of when shipped, received on accepted, as to any prior Or subsequent default hercundcq nor shall any purported Oral madification or rescission of this purchase order by the Purchaser operate as a waiver ofany 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 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 Purchaser. Theretofore. 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 Terms. Shipments most be F.O.B.. City of Fort Collins, 700 Wood St., Fan Collins, CO 50522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the Original freight purchased m 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 parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments arc made fmm greater distance. Permits. Seller shall practice at sellers side cast all accessary permit, certificates and licenses required by all applicable laws, regulations ordinances and pact, 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 Fair Collins harmless fmm and against add liability and lass incurred by them by reason of an asserted Or established violation of any such dams, regulations. ordinances, roles and requirements, Authorization. All parties to this eonmm agree that the representatives are. in fact, hona fide and poses full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expresdy limits acceptance to the tors and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto Or incorporated herein by reference. Any additional or different tans and conditions proposed by seller arc objectal 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 Ossetia. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial laic deliveries, shall opemtc as a waiverofthis prevision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies. the option ofplaeing this order elsewhere and holding the Seller liable for damages. Boar%or, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable contra and without its fault ofncgligeacc. such act, of God, acts ofcivil ar military authorities, govemmcntal priorities, fins, strikes. Boyd, epidemics, mars or riots provided that notice of the conditions crewing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge themoll 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 warms that all gads, articles, materials and work covered by this order will conform with applicable dnnvings, 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 lass, damage or expense which the Purchaser may suffer or incur on account of the Scllcm breach of warnty. 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 periad of time as may he prescribed by law or by the terms ofany applicable warnry prided by the Seller a0cr the date of acceptance of the goods furnished hereunder (aacptance not to be unreasonably delayed), resulting from imperfect Or defective work done or materials furnished by the Seller. Acceptance or use of gads by the Purchaser shall net constitute a waiver ofany claim under this warranty. Except as otherwise pmvided in this purchase order, the Sellers liability hereunder shall extend to all damages im mimately caused by the breach ofany of the foregoing warranties or guarantees, but such liability shall in no event 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 Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaar may make any changes to the terms, other than legal terms, including nddilima to or deletions firm the gamitifes Originally antlered in the sperifealions or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjusment shall be made. fi. 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 pengrcs provided that the Purchaser shall not be liable for any claims fro 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 good which arc the Sellers standard stock. Na such termination shall mlieve 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 asserted within thirty (30) days From the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder, shall have ban produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such daeumcrits 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 to indemnify and hold the Purchaser harmless foam all costs and damages suffered by the Purchaser as a result of the Scllcrs 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. matcrinl%, and items fumishcd in performance of this agreement, free and clear of any and all liens, restrictions, rescrrations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser direda the Seller to correct nonconforming or defective goods by a dule to be agreed upon by the Purchaser and dtc Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may muse the work to be performed 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 of any Her From all liability and claims of any nnnrre resulting fmm the performance of such work. This release shall apply teen in the event of fault of negligence of the party released and shall extend to the directors, offic sand employees ofsuch party. The Seller:, contractual ohligatinns, including warnry, shall not be darned to be rcducttl, in any way, because such work is perforated or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or proses covered by letter, patent, trademark or copyright the Seller shall indemnify and save hnrlcss 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 rude..... ify the Purchaser for any cost, expense Or dmmage which it may be obliged to pay by reason of such infringement at any time during the prosecution or alter the completion of the work. In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchmer the right to continue using said equipment Or pans, replace the same 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 benefit of eralitors, appoint a receiver Or reties for anv of the Scllcr% property or business. this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions nfierms used Or the interpretation of the agreement and the rights ofall panics hereunder shall be consumed under and governed by the laws of the Sate of COlnmdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services ofSellers Representative(%), on the praniscs ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's men risk until the same is fully completed and accepted, and shall, in case of any accident dcstmction or injury to the work and/or materials before Seller's final completion and accepance, complete the work at Sclices own expense and to the satisfaction of the Purchaser. When materials and equipment am furnished by others for installation or malion by the Seller, the Scllcr shall receive, unload. store and handle same at the site and bane responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 19. INSURANCE. The Seller shall, at his own expense. pmvide for the payment ofwrorkers 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 Has of the state in which the work is to be done. The Seller shall a,n carry comprehensive general liability including, but not limited to. contractual and automobile public liability ins irmce with ho lily injury and death limits of arm least S300,000 for tiny one person, $500.000 forany One accident and Property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Scllcrs or his eontmaors employees shall do any work upon the premiss ofothers, the Seller shall furnish the Purchaser with a certificate that such enmpenmtim and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation wad insurance expires. The Seller agrees that such cnmpmmtinn 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 Trinity and all damage, loss of injury ofany kind or nature whatsoever to persons or property caused by Or resulting Tram the execution ofthe work prnvidcd for in this purchase Order or in connection herewith. The Seller will indemnify and hold hordes the Purchaser and any Or all of the Purchasers officers, agents and employees from and against any and till elnims, losses, damages, charges or expenses, whether direct or indircat and whether, to persons or property m which the Purchaser may be pro Or subject by reason of any Oct. action, neglect. omission or default on the part of the Scllcr, any of his contractors, Or any of the Scllcrs or contractors officers, agents Or employees. In case any suit or other proceedings shall be brought against the Purchaser, or is 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 afommid, the Seller herchy agrees to assume the defense thereof and to defend the mac a1 the Sellers men expense, to pay any and all costs, charges, attomcys has and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser Or any of its Or their Micas. agents or employees in such ants or other procccding%, and in ease judgment or Other lien be placed upon or obtained against the pmpcny of the Pumhasur, or mid panics in or as a result o'such suits or other proceedings. the Seller aill at once cause the mote to be dissolved and discharged by giving bond or olhcmisc. 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 Ocenpationnl Safety and Health Act of 1970 and all rules and regulations issued pursuant lhimm. Revised 0312016