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HomeMy WebLinkAbout196580 L & L LANDSCAPE - PURCHASE ORDER - 3212315 (2)City OfPURCHASE ORDER PO Number I Page Collins ��� 3212315 1 of 2 `t Coll I n �+J This number must appear on all invoices, packing slips and labels. Date: 01/27/2012 Vendor: 196580 Ship To: STREETS DEPARTMENT L & L LANDSCAPE CITY OF FORT COLLINS PO BOX 62 625 NINTH STREET WINDSOR Colorado 80550 FORT COLLINS Colorado 80524 Delivery Date: 01/26/2012 Buyer: JOHN STEPHEN 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 CONTRACTUAL 1 LOT LS 100,000.00 PER TERMS AND CONDITIONS OF BID 6113 AND 7113 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 Terns 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 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenuc, 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 are not to be replaced except upon receipt Of written instructions fmm the City effort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict perfomance ofthe torms and conditions hercof. failure or delay to 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 or approval of the design, shall not release the Seller of any ofthe warranties or obligations of this parchnsc order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereofor any ofits rights of remedies as to any such goods, regardless of when shipped, received of accepted, as to any prior or subsequent default hereunder, nor shall any purported oat modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms bemof. 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 fmm antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact borne 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 Fen 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 permission is given to prepay freight end charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must aecompuny invoice. Additional charges for Junking will not be accepted. ❑. 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 he agreed upon by the expected from the nearest distribution point to destination, and excess freight will he deducted fmm Invoice when Purchascr and the Scllcr,and the Seller thcreancr indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be pefomcd by the most expeditious means available to it, and the Seller shall pay all costs associated with such ,fork. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and mlcs ofthe state, municipality, territory or political subdivision where the work is performed, of 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 fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, reglations, ordinances. rules and requirements. Authomo lion. All panics to this contract agree that the representatives are. in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any upplcmcntary or additional tems and conditions annexed hereto or incorporated herein by reference Any additional or different toms 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 anive on your promised delivery date as noted. Time is ofthe essence. Delivery and performance must he effected within the time stated oa the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver ofthis provision In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable mmedin, the option ofplocing 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 comfort] and without its fault ofnegligencq such acts of God, acts ofeivil or military mnhordies govemmental priorities, fires, strikes flood, epidemics, wars or riots provided that notice ofthe 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 Atoll be extended for the period equal to the time actually lost by reason ofthc 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 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 loss damage or expense which the Purchawt may suffer or incur on account of the Scllem breach of wamnty. 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 toms ofany applicable wamnty, provided by the Seller aver the date of acceptance of the good furnished hereunder (acceptance not to be unreasonably dclavcd), resulting fmm imperfect or defective work done or materials furnished by the Scllcr. Acceptance or use of goods by the Perchascr shall net constitute a waiver crony claim under this wamnty. 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 forefront, vs amntics or guamntccs, but 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 toms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the mews. other than legal terms, including additions to or deletions from the quantities originally ordered in the specification or drawings, by verbal or written change ruder. If any such change affects the amount due or the time ofperfomance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written chance order, teminate 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 work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion ofthe goods and/or work. for incidental or eonequential damages, and that no such adjustment be made in favor of the Seller with respect to any good which are the Sellers 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. 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 arc subject. The Seller 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 are h relay 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 party. 10. TITLE. The Scllcr wamnts 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 sad all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees ofsuch party. The Scllcrs contractual obligations including wamnty, shall not be deemed to be reduced, in any way, because such work is perfomed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Scllcr 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 dnims for infringement by reason rf 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 be obliged to pay by reason of such infringement at any Limo during the prosecution or after the completion ofthe work. In ease 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 shill, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, 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 creditors, appoint a receiver or tnistec for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of toms used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be constmed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perfom work hereunder, including the services of Sellers Repmsemative(s), on the premises ofothcrs 17. SELLERS RESPONSIBILITY. The Seller shall curry oa said weak at Scllcrs own risk until the snit is fully completed and accepted, and shall, in ease of any accident, destmetion or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by others for installation or crcction 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 Seller under the order. 19, INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupationol disease benefits, to its employees employed on or in connection with the work coveted 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 Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability imormee with bodily injury and death limits of at ]cast $300.01g0 for any one person. S500.000 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 cnntpciamica and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others. the Seller shall furnish the Purclasor with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been presided. Such certificates shall specify the date,hea such compensation and insurance expires. The Seller agrees that such compensation and insurance shall he 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 fur any and all damage, loss or injury ofany kind m nature whatsoever to persons for property caused by or resulting fmm the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or col of the Purchasers officers, agents and employees from and against any and col claims, losses, damage., charges or expenses, whether direct or indirect, and whether to persons or property to which the Pumhaser may be put or subject by reason of any act, action, neglect omission or default on the part of the Seller, 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 Purchascr, or its officers, agents or employees at any time on account or by reason of any act, action, ncglcet omission or default of the Seller of any 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 Scllcrs 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 onlccrs, agents or employees in such suits or other proceedings, and in ease judgment or other lien be placed upon or obtained against the Property of the Purchaser, or said panics in or 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 shot[ take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all lams and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 197(and all mlcs and regulations issued pursuant thereto. Revised 01/2010