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HomeMy WebLinkAbout279796 COCAL LANDSCAPE - PURCHASE ORDER - 9121984Fort Collins Date: 04/04/2012 Vendor: 279796 COCALLANDSCAPE 12570 E 39TH AVE DENVER Colorado 80239 PURCHASE ORDER PO Number Page 9121984 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: 04/04/2012 Buyer: JOHN STEPHEN Note Line Description Quantity Ordered UOM Unit Price Extended Price Medians and Streetscapes 1 LOT LS 195,116.24 Maintenance Contract 2012 per terms and conditions of bid 6127 and change order #4. Total $195,116.24 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 II, 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 Tcrms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is a cmpt fmm state and local taxes. Our Exemption Number is 11. NONWAIVER. 95-6,1502. Federal Excise Tas Exemption Certificate of Registry 114-60410587 is registered with the Collector of Failure of the Purchaser to insist upon strict perfammznee of the trams and conditions hereaf. failure or dclav to Internal Revenue. Denver. Colorado (Ref. Colorado Revised Starnes 1973. Chapter 39 26. 114 (a). exercise any rights or remedies prodded herein or by law, failure to promptly notify the Seller in the cccnt o! a breach. the acceptance ofor payment for goods hereunder or approval ofthe design. shut] not release the Seller of Card, Rejected. GOODS REJECTED due to failure to mat specification..,, either when shipped or due to defects of any of the anomalies or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be reamed to you for credit and arc not to be replaced except upon receipt of wrinc o purchaser to insist upon .strict performance hefenforzny ofit, rights or remedies as to any such goods, regardless instructions fmm the City of ran Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall anv purported am] modfficalion ar reseicion of this purchase order by the Pnrchnscr operate as a waiver of any of life terms Inspection. GOODS are subject to the City of Port Collins inspection an naval. hereof. Final Acceptance. Receipt of the merchandise services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLA I MS. authorized payment on the pan of the City of Fort Collins. However, it is to be understand that FINAL, Seller and the Purchaser recognize that in actual economic practice, overcharges resulting font mnimixt ACCEPTANCE is dependent upon completion ofn11 applicable required inspection procMureS. violations are in fact borne be the Purchnscr. Thcrctofarc, for good cause and as consideration for executing this purchase nalcr, the Scllcr hcrcbv assigns to the Purchaser now and all claims it may now, have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 7M ]fool St., To" Collins, CO 90522, unless acquired under federal or state enftais, laws for such overcharges relating to the particular goods or services otherwise specified on this order. If pemmision is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant In this purchase order. bill must accompany invoice. Additional charges for packing will net 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 clitoris the Seller to cancer 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 from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc 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 assminted with such work. Permits. Seller shall procure at sellers sale cast all necessary permits, certificates and licenses required by all applicable laws, regalinica . ordiuunccs and mlcs of the %6 re, municipality, territory at political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vender. Seller further agrees to hold the City of Fan Collins hamilcss fmm and against all liability and loss incurred by them by reason of an as artcd or established violation of any such laws, regulmions, onliumces. odes and rcquircmcros. Aethormation. All parties to this contract agree that the opicscntalives are. in fact, bona fide and possess hell and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional tears and conditions annexed hereto or incorporated herein by reference. Any additional ordificrent terms and conditions pmpesc l by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to nave on your premised delivery date m noted. Time is ofthe essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including. without limitation, acceptance of partial late deliveries, shall uproar as a waiver of this provision. In the event array delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Sella liable for damages. Hmo:%cr, the Seller shall not be liable for damages as a result of delays due to causes not reuenably for serable which arc beyond its reasonable control and without its fault of negligence. such acts of Gad, acts efciyil or military authorities, governmental priorities, fires, strikes, flood, epidemics. wars or riots pmvided 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 knowledge thereof. In the event of any such delay, the date of delivery shall he extended for the period equal to the time actually last by reason ofthe delay. 3.WARRANTY, The Seller warrants that all goodarticles, materials and work covered by this order will conlnov with applicable drawings, specifications, samples and/or other descriptions given, will he fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards Ina work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of wanunty. The Seller shall replace, repair or make good. without cost to the purchaser, any defects or faults arising within one (1) year at within such longer period of time as may be prescribed by law or by the terms ofnny applicable warmnty provided by the Scllcr fret the date of acceptance of the good furnished hereunder (acceptance nil to be unreasonably delayed). resulting From imperfecl or defective work done ar materials furnished by the Seller. Acceptance or use of goats by the Purchnscr shall not constitute a waiver ofnny claim under this aarranty. Eseept as otherwise provided in this purchase order, the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wumtnti,s or guarantees, but such liability shall in no event include Inc of profits at 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 terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings. by verbal or wriuca change outer. If any such change affects the amount due or the time ofperfommnee 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 good then net shipped subject to any equitable adjustment between the parties as to any work or materials then in progress pmvided that the Purchaser shall at be liable for any claims for anticipated profits on the uncompleted portion critic goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect ro any goods 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 fmm the date The change or temaination is ordered. R. COMPLIANCE WITH LAW. T'he Scllcr vanno t, that all goods sold hereunder shall have been produced. said, 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 us may be required to effect or evidence compliance. All laws and regulations required to be inempemted in agreements of this character arc hcrcbv incorporated herein by this reference The Seller agrees to indemnify and hold the Pnrchnscr harmless from all costs and donagcs 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, many monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller ss,annts 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 and all lines. restrictions, mserentions. 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 fmm the performance ofsuch work. This release sfail] apply even in the event of fault of negligence of the ram released and shall extend to the directors, effects and employees of such party. The Sellers contrarian] obligations. including uamnm y, shill nor be deemed to be reduced, in any way, heemsc such work is Performed at caused to he performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to asc any design, device, material or process covered by lener. putcnr, 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, 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 prosecution or after the completion of the work. In case said equipment, or any part 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 parts, replace the same with substantially equal but nnninfringing equipment or modify it so it becomes noninfringmg, 15. INSOLVENCY. If The Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a rcccs cr or trustee for any of the Set Ives; property or business, this order map forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used ar the macrprcmlimr of the agreement and ncc rights ofa11 panics hereunder shall be construed under and governed by the laws ofthe Stare of Colamde. USA. 'nc, following Additional Conditions apply only in cases when, the Scllcr is to perform w-ark hereunder, including the seniecs of Scllcrs Rerresentative(s). on the premises efothem, 17. SELLERS RESPONSIBILITY. The Seller shall cam on said weak at Seller's own risk until the same is fully completed and accepted, and shall. in case of any accident. de,tmction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sel lcr'sown expense and to the satisfiction of the Porehaser. When motcriak and equipment are furnished by others for installation or efec ire by the Seller. the Seller shall receive, unload. .,fare wad handle same at the site and became responsible therefor as though such materials andler equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall. at his own expense. preside for the payment of workers compensation, including occupational disease hcne6ts, to its employees enmplaycd on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with The Imes of the .stare in which the work is to he done. The Seller shall also carry comprehensive general liability including, hat rat limited to, contractual and automobile public liability insurance with bodily injury, and death limits of m Icazt S300,000 for any one person, S500.000 for any one accident and formerly damage limit per accident of S400,000. The Seller shall likewise require his anmctors, if any, to provide for such compensation and insurance. Bernie any of the Sellers or his enntractars c nployms shall do any work upon the prennacs nfithers, the Seller shall furnish the Pnrchnscr with .a certificate That such compensation and insurance have been provided. Such certificates shall specify the date when such mnisaroution and insurance have been provided. Such certificates shall %verify the date when such compensation and instance expires The Seller agrees that such eonmpensation and insurance shall he maintained mind alter the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hcrcbv assumes the entire responsibility and liability for any and all damage, loss or injury array kind or nature whatsoever to persons or property caused by or resulting from the execution ofrhe work provided for in this purchase andcror in connection herewith. The Seller will indemnify and hold ham ales the Purchaser and any or all of the Purchasers officers, agents and employees fmm and against are and all claims, losses, damages, ehargcs or expenses. whether direct or indirect and whether to Persons ar property to which the Purchaser may be put or subject by reason of any act, action. neglect, omission or default on the pan of the Seller, any of his contractors, or am, of the Scllcrs or contractors officers, agents or employees. In case any suit or other pmcccdings shall be brought against the Purchxsaa. or its officers, agents or employees at any time on account or Its reason of any act action, neglect, omission or default of the Seller of any of his contractors or may of its or their officers, agents or employees is aforesaid. the Seller hereby agrees to assnote the defense thereof and to defend the same n1 the Sellers an expense, to pay any and all costs, charges, anomcys fees and other expenses, any and all judgments that may be incurred by or obmined against The Purchaser or any of its or their offices, agents err employees in such snits or other proceedings. and in case judgment or ether lien be placed upon or obinined agmt sr the poverty ofthe Purchaser, or snit panics in or ns a result of such suits or other proceedings. the Scllcr will at once Conte the Same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all gourds necessary far the prevention of accidents, comply with all Laws and regulations with regard to sufcm including, but wilhna limitation, the Occupational Safety, and Health Act of 1970 and nil niles and reguations issecd porsount thereto. Revised 03/2010