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HomeMy WebLinkAbout296100 PRIME VEGETATION MANAGMENT - PURCHASE ORDER - 3212230PURCHASE ORDER PO Number Page City Of///��� 3212230 1 of 2 `t Collins This number must appear on all invoices, packing slips and labels. Date: 01/23/2012 Vendor: 296100 PRIME VEGETATION MANAGEMENT PO BOX 1440 BERTHOUD Colorado 80513 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST 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 Extended Ordered Price 2012 Blanket Order Utilities 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 1 LOT LS Total Invoice Address: 20,000.00 EEO City of Fort Collins Accounting Department 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 fmm state and local taxes. Our Exemption Number is 11. NONWAI VER. 98-04502. Federal Excise Tax Exemption Cenifucate of Registry 84-fi000587 is registered with the Collector of Failure Of the Purchaser to insist open strict perfomtanee of the Icrors and conditions hemot, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statute, 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event Of a breach, the acceptance ofor payment for goods hereunder at approval ofthe design, shall not release the Seller of Gads Rejected. GOODS REJECTED due to failure to mod specifications, either when shipped or due to defects of any of the Isamntiea Or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hercOfor any of its rights of remedies as to anv such goods, regardless instructions from the City of Fen Collins. of when shipped, received or accepted, os to any prior or subsequent default hereunder, nor shall any purported On1 modification or rescission of Ibis purchase order by the Purchaser operate as a waiver ofany of the terms Inspection. GOODS arc subject to the City of Foe Collins inspection on arrival. hnmf. 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 he understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmm antimst ACCEPTANCE is dependent upon completion stall applicable required inspection procedures, violations arc in fact borne by the Purchnscr. Theretofore, for good cause and as consideration for executing this purchase order, the Seiler hereby assigns to the Purchaser any and all claims it may now have or hcrea Mr Freight Terms. Shipments most be F.O.B., City of Fort Collins. 700- Wood St.. Fen Collins, CO 90522. unless acquired under federal or state antitrust Imes for such overcharges relating to the particular goods or services otherwise specified on this order If permimion 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. 13. PURCI LASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thcmaficr indicates its inability or unwillingness to comply, the Purchnscr shipments am made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sale cost all necessary permits, certificates and licenses required by all applicable Ian's, regulations, eMinanccs 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 Citv of Fen Collins ham from and ngninst all liability nod Ins, incurred by them by reason of an asserted fir established violation of any such lows, mgnlatim,, ordinance,, role, and requirements. Authorization. All panics is this connect agree that the representatives are, 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 icons and conditions stated herein set forth and any supplementary or additional terns and conditions annexed herein or incorporated herein by reference. Any additional or different Icons and conditions promised by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete .shipment to arrive on your premised delivery date as noted. Time is of the essence. Delivery and performance must he effected within the time stated on the purchase order and the documents attached heat.. No acts of the Purchasers including. without limitation, acceptance ofpanial late deliveries, shall operate as a waiver of this prevision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing 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 net reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil or military authorities, governmental priorities, rims, strikes, Bond, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchnscr within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such deny, the date of delivery shall be extended for the period equal to the time actually lost by mason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will confer with applicable drawings, specifications, samples and/or other descriptinn, given, will he fit for the purposes intended. and perfommd 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 less. damage or expense which the Purchaser may surlier m incur on account fthe Sellers breach of svmmnty. The Seller shall replace, repair or make good. without cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the tcmu ofany applicable warranty provided by the Seller after the date of acceptance of the goads furnished hereunder (acceptance net to be unrcasonahly delayed), resulting from inmperfca or defective work done or materials famished by the Sallee Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this svamnty. Except as othcmisc pmvided in this purchase order, the Sellers liability hencomer shall extend to all denmgcs proximately caused by the breach ofany of the foregoing wmmutics or guarantees, but such liability shall in no event include loss efprefit, or loss ofu,c. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal tcmw by written change order. 5. CHANGES IN COMMERCIAL. TERMS. The Purchnscr may make any changes to the terms, other than legal terms, including additions to or deletions front the qumlitie, originally ordered in the specitie.tions or drawings, by verbal Or written change order. If any such chance affects the amount due or the time ofperformance hncender, an equitable adjustment shall be made. fi. TERMINATIONS. The P..h..wr may at any time by written change order, terminate this agreement as to env or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in pregrcss pmvided that the Purchaser shall not be liable for any claims for anticipated finales on the uncompleted portion of goods and/or work, for incidental or consequential damages, and that no such adjustment be made in Four of the Seller with respect to any good, which arc the Sellers standard stock. No such termination shall relieve the Purchaser Or the Seiler ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thin (30) days fears the date the change or termination is mdcred. R. 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 laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as maybe required to effect or m9denec 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 held the Purchaser halides, fmm all costs ad damages suffered by the Pumhascr as a result of the Sellers failurc 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 within the prior written consent of the other party. 10. TITLE. The Seller ...is full, dear and unrestricted title to the Purchaser for all equipment materials. and items famished in performance of this agreement. free and clear of any and oil lice%, restrictions, reservations, security interest encumbrances and claims ofothers. The Seller shall release the Purchaser and its contractors Of rev tier from all liability and claims of any nature resulting from the performance of such work. This rcle.wc shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Seller's contractual obligations, including wamnty, shall not be decmcd to be rcdnecd, in any way. because such work is perfomed Or caused to he perfumed by the Purchnscr. 14. PATENTS. Whenever the Seller is required to use any design, device. material or process cmcre l by ]ever. patent, trademark or copyright, the Seller Shall indemnify rod save harmless the Purchnscr fmm any and all claims for infringement by reason of the use of such petered design, device. 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 of such infringement at any time during the prssecoome 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 snit 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 same widen substantially equal but noninfringing equipment, or mndify it sat it bccomes neninfringing. 15. INSOLVENCY. If the Seiler shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or tntstce for any of the Sellers property or business, this order may fonheieh he canceled by the Purchaser withmn liability. 16. GOVERNING LAW. The definitions ofterms used or the inicTrctation ofthc agreement and the rights ofall panics November shall be construed under and gnvemed by the Imvs efthe State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work Immundcr. including the services Of Sellers Representative(,), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seiler shall carry on said work at Sellers, Own risk until the some is fully completed and accepted. and shall, in case stony accident, destruction Or injury to the work and/or materials before Scllcrs 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, unload, store and handle some at the site and become responsible therefor as though such materiels and/tar equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his awn expense, provide for the payment cf wmkcrs 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 laws of the state in which the bark is to be done. The Seller shall also carry comprehensive general liability including. but not limited to, conractual and automobile public liability insmonce wish bodily injury and death limits of at Icner S300,000 for any one person, 5500,000 for any one accident and proper damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensatinn and insurance. Before any of the Scllcrs or his contractors employees shall do any .work open the premises of others, the Seiler shall famish the Pnrcha,cr with a certifuente that such compensation and insurance have been provided. Stich certificates shall specify the date when such compersolion and insurance have been pmvided. Such certificates shall specify the date when such compensation and in,nrasee expires. The Seller agrees that such compensation sad insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume., the entire responsibility and liability for any and all damage. Ins%or injury, ofanv kind or nature whmsoevcr to persons or property caused by or resulting from the execution of the work pmvided for in this purchase under or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any m all of the Purchasers officers, agents and employees from and against any and all claims. losses. damages, charges or expenses. whether direct or indirect, and whether to persons or properly to which the Porchascr may he pot or subject by reason ofany net, action, neglect emission or default on the pan of the Scllcr, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In ease any snit or other proceedings Shall he brought against the Purchaser, or its officers, agents or employee, nt any time on account or by reason of any act action, neglect, emission or default of the Seller of any of his contractors or any of its or ihcir 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 cots, 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 colic; lien be placed upon or obtained against the proper of the Pumhascr, or said panics in ar as a result Of such suits or other proccdings. the Seller will at once cause the same to he dissolved and discharged by giving bond or otherwise. The Scllcr and his contractors shall take all safety prccaulion%, fiimi%h 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 ell rules and regulations issued pursuant theme. Revised 03/2010