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HomeMy WebLinkAbout361699 ZAK GEORGE LANDSCAPING - PURCHASE ORDER - 9121986PURCHASE ORDER PO Number Page City OfCollins 9121986 1 of 2 ��� F^r} COI l' n �+ This number must appear ,�-,J`-' ` ` J on all invoices, packing slips and labels. Date: 04/04/2012 Vendor: 361699 Ship To: POUDRE FIRE AUTHORITY - AD ZAK GEORGE LANDSCAPING 102 REMINGTON 409 S SUMMIT VIEW DR FORT COLLINS Colorado 80524 FORT COLLINS Colorado 80524 Delivery Date: 04/04/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price Landscaping - Sta.1 Remodel 1 LOT LS 6,795.00 Estimate 2012-LO09L Total -$6,795.00 U 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 Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Invoice Address: 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. Fly statute the Cite of Fort Collins is exempt from state nail local cases. Our Exemption Number is 98-fW502. Federal Hxeixc Tax Exemption Certificate of Registry R44/00051O is registered with the Collector of Internal Revenue, Denver. Colorado (Ref. Colorado Tm,ocd Statutes 1973. Chapter 39 r_6. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specificalion, cilha when shipped or due to defects of damage in rmnsit. may be returned to you for credit and arc not to be replaced except upon receipt of Written instructions from the Citv of Fen Collins. Inspection. GOODS me subject to the City of Fort Collins inspection on arrival. 11. NON WAI V ER. Failure of the Purchaser to insist upon strict pvfnnuarce of the terms and conditions hereof. failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of if breach. the acceptance ofor payment for good hereunder m approval ofihc design. shall not release the Seller of any of the wamntics or obligations of this purchase order and shall not be decreed a waiver of anv right of the purchaser to insist upon strict Performance hcrcnfor any of its rights or rcmcdics as to any such good,. regardless of when .chipped. received or accepted, as to any prior Or subsequent default hereunder. nor shall any purportal oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF AN'I'[TRUST CLAIMS. authorized payment on the part 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 open completion ofall applicable required inspection procedures. violations arc in fact borne by the Purchaser. Theretofore, for good entree and as consideration for executing this puuehaw order, the Seller hereby assigns to the Purchaser anv and all claims it may now have or herca Rer Freight Terms. Shipments most be EO.B.. City of Fort Collins. 700 Wood St.. Fen Collins, CO 90522, unless acquired under federal or state antimist laws for .such overcharges relating to the particular good or services otherwise specified on this wade, If permission is given to prepay freight and charge separately, the original frcigln 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 It the Purchaser directs the Seller to correct nonconforming or defective good 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 Pnrchascr and the Scllcr, and the Seller Thereafter indicates its inability or unwillingness to comply. the Purchaser shipments are made from greater distance. may cause the work to be perfornmd by the most expeditions means mailable to it, and the Scllcr shall pay all costs associate(! with such work. Permits. Seller shall procure at sellers sole cost all necessary remits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, tenitnre or political subdivision wham the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seiler father agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an aseated or established violation array such laws, regulations, ordinances, miss and requirements. Authorization. All panics to this contract agree that the reprcuntatives me. in fact, bona fide and possess full and complete authority to hind said panics, LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms mul conditions stated herein so 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 arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is of The essence. Dcioce and performance must he effected within the time slated on the purchase order and the documents attached herein. No aels of the Purchasers including, withnut limitation, acceptance of partial lace deliveries, shall operate as a waiver of this provision. In the event of anv delay. the Purchaser shall have, in addition to other legal and equitable rcmcdics, the option ofplaing this order elsewhere and holding the Seller liable for damages. llnwcver. the Seller shall not be liable for damages as a result of delays due to causes not reasonably forescenblc which arc beyond its reasonable control and without its fault of negligence such acts of God, acts ofeivil or military authorities, governmental priorities, fines, strikes, flood, epidemics, wars or rims provided that entice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller Turn received knowledge thereof. 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 warrants that all goods, articles. materials and work covered by this order will asnfoon with applicable drawings, specification. 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 hamles from any loss. damage or expense which the Porchasa may suffer or incur on account of the Sellers breach of wmmnty. 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 of any applicable wmmrty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to he unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this wmmaty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach crafty of the foregoing warranties or guarantees, but such liability shall in no event include loss ofprofits or loss cruise. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALT. APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal toms by written change aide,. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms. other than legal toms, including additions to or deletions from the quantities originally ordered in the speeifiez riot, or drawings, by cobs.,] or waft en change order. If any such change affects the amount due or the time of perfmmancc hereunder. an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any fir all portions of the goods then not shipped, ,object to any equitable adjustment bcnacen the Panics as to any work or miar,nds then in progress provided that the Purchaser shall not he 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 he made in favor of the Scllcr with respect to any good which are the Sellem standard stock. No such termination shall relieve the Purchaser or the Seller crafty of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller wamntq That all grind 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 Seiler shall execute and deliver such documents as may be required to effect or evidence compliance, All Imes and rcgudminns required to he incorporated in agreements of this character are hereby 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 afthe other party. 10. TITLE. The Seller wmmnty fill, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reeen:rliens, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any lier from all Iiabil itv and claims of ery nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the d itectors, rRerox and employees of such party. The Seller's contractual obligations, including wmmnty, shall not be deemed to be reduced, in any may, because such Work is performed 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 Icacr. patent, trademark or copyright, the Seiler shall indemnify and save hamles the Puehascr 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 ofsuch 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 in6ingcment and the use of mid equipment or pact 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 nralify it so it becomes noninfringing. 15. INSOLVENCY. If The Seiler shall become insolvent or bankrupt make in isignment for The benefit of creditors, appoint a receiver or tmstce for any of the Set lets properly or business, this order may ferlhwiih he canceled by the Purchaecneithont liability. 16, GOVERNING LAW. The definitions oftereas used or the interpretation ofthe agreement and the rights ofall parties hereunder shall be construed underfoot governed by the laws of the State of Coloado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the senices MShccrs Represenmto c(s), on the promises ofothcm. 17. Sit LLERS RES PONS IBILI I'Y. The Seiler shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall. in ease of any accident, destruction or injury to the work and/or materials before Seller's Final completion and acceptance, complete the earl, at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by others for installation or erection by the Seller. the Seller shall receive, unload. store and handle same at the site wad become responsible utercfor as though such materials and/fir equipment were being furnished by the Seller under the order. IR. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers 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 work is to be dorm. The Seller shall nlsn carry comp si cnuive general liability including, but not limited to, contrxcwnl and automobile public liability insurance with bodily injury and death limits of fit least 5300.010 for any one person. 5500,000 for any 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 contractors em,kwece shall do any work upro the premises of others. the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such ecaifieata shall specify the date when such compensation and insurance have been provided. Such ecnificates shall specify the rite when such compensation and insurance expires. The Scllcr agrees that such compensation and insurance shall be maintained until after the entire work is completed and nccepled. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofnny kind or nature whatsoever to persons or Property caused by or resulting farm the execution ofthc work provided for in this purchase order or in eanneaion herewith. The Seller will indemnify and hold humdess the Purchaser and any or till of the Purchasers officers. agents and employee, from and against any and all dadms, losses, damages, charges or expenses. whether direct or indirect, and whether to persons or Pomory to which the Purchaser mzv be pun or suhiect by reason of any net action. neglect emission or default on the pan of the Seller. any of his contractors, or any of the Sellers or contractors nflieen, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or cmplovecs at any time on account fir Its, 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 aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the snmc aT the Sellers own expense. to pay any and all costs, charges, attorneys fees and other expenses. any and all judgments that may he incurred by or obtained against the Purchaser or any of its or Ihcir afTeers. agents of cantilevers 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 panics in or as a result of such suits or other proceedings, the Scllcr will at once cause the same in he dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall lake all safety pmcnutions, furnish and install all gnarls necessary for the prevention of accidents. comply with all laws and regal.+lions with regard to safety including, but without limitation. the Occupational Safety and Hcalth Act of 1970 and all mlcs and regulations issued pursues thereto. Rcviscd 0112010