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HomeMy WebLinkAbout299525 HORIZON - PURCHASE ORDER - 9121763City of :,.6rt Collins Date: 03/26/2012 Vendor: 299525 HORIZON PO BOX 52758 PHOENIX Arizona 85072-2758 PURCHASE ORDER PO Number Page 9121763 1 1of2 This number must appear on all invoices, packing slips and labels. Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS Colorado 80521 Delivery Date: 03/23/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Fertilizer Sanctuary fertilizer for Spring Canyon Park and City Park. 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 9,278.00 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By stamtc the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is I I. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 94-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict Performance of the terms and conditions hereof. failure or delay to Internal Be%denc, Denver, Colorado (Ref. Colorado Revised Statute 1973. Chapter 39 26. 114 (a), exercise any rights or moved ics provided herein or by law, failure to promptly anti fy the Set let 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 Goods Rejected. GOODS REJECTED due to failure to meet speei fications, either when shipped or due to defects of any of the warranties 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 arc not to be replaced except upon receipt of wring, purchaser to insist upon strict performance henceforany ofits rights or remedies as to any such goods, regardless instructions fmm the City of Fort Collins. of when shipped, received or accepted, era to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate To, a ssoiver of any of the terms Inspection. GOODS am subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the mcrehandiw, 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 Howeved, it is to be undustood that FINAL Seller and the Purchaser recognize that in actual economic pimetice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedureS. violations are in fact borne by the Purchaser. Theretofore for geed 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 hereafter Freight Terms. Shipments most be F.O.A., City of Fort Collins. 700 Wood St.. Fen Collins, CO 90522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular grads or services otherwise specified on this order. If permission is given to prepcy freight and charge separately, 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 If the Purchaser directs the Scllcr to correct nonconforming or defective goods by a date to he agreed upon by the expected fern the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Scllcr, rnd the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made fmm 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 sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations ordinances and roles of the state, municipality, territory or political setxlivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of verdnr. Seller father agrees to hold the City of Fort Collins harmless fmm and against all liability and loss insured by them by reason of an asserted or established violation of any such laws, mgi laimu, nnlinances, ides and requirements. Authnrizctinn. All panics to this contract 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 m, forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller am 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 ofthc essence. Delivery and performance must be ctfecmd within the time stated on the purchase order and the document, coached hereto. No acts of the Purchasers including, without limitation, acceptance ofpartial late deliveries, shall operate a a waiver ofthis provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere nod holding the Seiler liable for damages. However. the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence. such acts of God, acts ofeivil or military authorities, gnvemmental priorities, fires, strikes, Rood, epidemics, ears or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knmvlydge thcrcof. In the event ofany such delay, the date of delivery shall he extended for the period equal to the time actually lost by reason ofthe delay. 3, WARRANTY. The Seller warrants that all grads, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will he fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Scllu agree m hold the purchaser handless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers French of warranty. The Seller shall replace, repair or make grad, without cost to the purchaser, any defects or faults arising within one (D year or within such longer period of time as may be prescribed by law or by the terms ofany applicable waoanry pmvidcd by the Scllcr acr the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably ddaycd), resulting fmm imperfect or defective work done or materials famished by the Seller. Acceptance or use of good 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 wsmntics 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 chances to legal teats by written change order. 5. CHANCES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms. including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of nnfomtance 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 goads then not shipped, subject to any equitable adjustment between the panics as to any work or mnterims then in progress provided that the Purchaser shall not be liable for any claims for 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 Scllcr with mspcd to any goods which are the Sellers standard stuck. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he asserted within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller n'armnts 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 good are subject The Seller shall execute and deliver such documents as may be required to effort or evidence compliance. All laws and regulations required to he incorporated in agreements of this character arc hereby incorporated herein by this reference The Seiler 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 parry 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, demand 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, reservations, security intcm,t encumbrances and claims ofothcm. The Seller shall release the Purchaser and it commcters of any tier from all liability and claims of any nature resulting fmm the performance of such work. This release shall apply even in the c,cm of fault of negligence of the party released and shall extend to the directorsofficers; and employers of such party. The Seller's contractual obligations, including warm, my, shall not be deemed to be rcduettl, 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, da'ice, material or process cove" by letter, patent, trademark or copyright, the Seller shall indemnify and Bove harmless the Purchaser Form 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 indemnify the Purchaser for any coat, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thcrcof 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 procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment. or modify it so it becomes r oninfringing. 15. INSOLVENCY. If the Seller ,hall been v insolvent or bankrupt, make ern assignment for the bcmcfit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions aftc.s used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be construed under and governed by the laws of the State of Colomdo, USA, The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Represcntative(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seiler shall carry on said work at Sclld`.x own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Scllcrs find completion and acceptance, complete the work at seller's own expense and to the satisGction 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 rend httomc responsible therefor as though such materials and/or equipment were being furnished by the Scllcr under the order. IS. INSURANCE. The Seiler shall, at his own expense, provide for the payment of workers compcnsmion, 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 work is to be done. The Seller shall also cary comprehensive general liability including but not limited to, contractual and automobile public liability insurance with h Iily injury and death limits of a t least 5300.000 for any one person, S500,000 for any one accident and property damage limit per accident of S460,000. The Seller shall likewise require his contractors. if any, m provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Scllcr shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when Stich enmpcnsmina and insurance have been provided. Such cer ifiwtcs shall spceity the date when such compensation and insurance expires. The Seller agrees that such compensation 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 of any kind or nature what ocver to persons or property, caused by or resulting fmm the execution ofthc work provided for in this purchase outer or in connection herewith. The Seller will indcmnify and hold hamiless the Purchaser and any or all of the Purchasers of ed-s, agents and employees from and against any and all claims, losses damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may he put or subject 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 officers, agents or employees. In case any suit or other proceedings shall be brought against the Pitmhawr, or its 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 comments or any of its or their officers, agents or employees as aforesaid, the Seiler hereby agrees to nssume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs. charges, attorneys fees and other expevscs. 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 parties in or as a result of tech suits or other proceedings. the Seiler will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his comoccu rs shall take all safery prcautions, 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 Occupational Safety and Health Act of 1970 and all mles and regulations issued pursuant thercm. Revised 0312010