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Home My WebLink About279796 COCAL LANDSCAPE - PURCHASE ORDER - 9122286PURCHASE ORDER PO Number Page City ofCollins �� 9122286 1 of z F^rt Got f „s This number must appear /_-!<,J`' ` ` 1 ' on all invoices, packing slips and labels. Date. 04/20/2012 Vendor: 279796 Ship To: OPERATIONS SERVICES COCAL LANDSCAPE CITY OF FORT COLLINS 12570 E 39TH AVE 300 Laporte Avenue DENVER Colorado 80239 Building B FORT COLLINS Colorado 80521 Delivery Date: 04/20/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 8 months of landscaping 1 LOT LS 14,584.00 maintenance for 2012 for Police Services on Timberline. PER TERMS AND CONDITIONS OF BID 6172 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, 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 Ordcr Tenns and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By statute the Citv of Fort Collins is exempt from into and local taxes. Our Exemption Number is 1 I. NONWAIVER. 98-W 502. Federal Excise Tax Esemptinn Ceti fieam of Registry, 94-60ft05» 7 is registered with the Collector of Pailure of the Purchaser to insist upon strict perfomuance of the toms and conditions hereof. failure or delay to Internal Roc sic, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or retired ics provided herein or by Inv, failure to promptly notify the Seiler in the cycnt of a breach, the acceptance of or payment for goods hereunder or approval of the design. shall not release the Sol let of Goods Rejected. GOODS REJECTED due to failure to meet speci fieations, either when shipped or day to dciccls of any of the v:mmnties or obligations of this purchase order and shall nor he deemed a waiver crony right of the damage in transit. may be returned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict perfonnnncc hemofornny of its rights or mroolies us foully such goods regardless inslinmions from the City of Pon Collins. of when shipped, received or accepted, as to any prior or subsequent default Imremgler, nor shall any Purported oam] mewli fuanimm or rescission of this purchase order by the Purchaser operate as a waiver orally of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hcreaf. Final Acceptance. Receipt of the merchandise. services or equipment in response in this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIPIS. authorized payment on the pan of the City of Fort Collins. Hnwcvcr, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic pmctice, overcharges resulting from antitrust ACCEPTANCE, m dependenl open completion ofill applicable required inspection procedures violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, life Scllcr hereby assigns to the Purchvscr any and all claims it stay nmv have or boolfwr Freight Tema Shipment must be P.O.B., City of Fort Collins. 700 Wood! St., For Collins. CO 90522, unless acquired under federal or stale iatitnu,ch I ovs fix such overcharges mlaling to the pnricular goods or services otherwise specified on this order. If Permission is given to prepay freight sad charge w,mody, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. where manufacturers have distributing points ift %:rain. Parts of the country. shipment is Ifthe Purchaser directs the Seller to correct nonconforming or defective goods byes dale to be agreed upon by the expected (cant the nciro,l distribution Point to destinntim, sad excess freight will be deducted from Imoicc 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 Scllcr shall pay all [ns1F associated will, such work. Permits. Seller shall pmcum at sellers sole cost all necessary permits, certificates and licenses required by all ,applicable laws, regulations. ordinances and rules of the state, municipality, territory or political subdivision .,here the work is porfomed, or required by any other duly constituted public authody having jurisdiction over ute work of vendor. Seiler lumber agrees to hold the City of Fort Collins hamdess from and agnittu all liability and loss incurred by them by reason of m asserted mr established violation of any such Iars, regulations, ordinances. odes and re gairemcnts. Authorization. All panics to this contract agree that the representatives arc, in fact bona ride and possess full and complctc authority to bind ciid parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance In the terms sad conditions stated heroin set forth and any .surplemenmry or additional terms and conditions annexed heron or incorporated herein by reference. Any additional or different toms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complctc sbipincm to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and Performance mast be cflected within the tool, stated on the Purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of potial fare deliveries, shall create as a waiver of this prevision. In the event of any delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplaing this order elsewhere and holding the Seller liable for damages. However. the Seller shall nor be liable for damages is a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fruit of negligence. such acts of God, acts ofcivd or militaryaulhon ics. governmental priorities, fires, strikes, food, cpidmnics, ours or riots provided that notice of the conditions causing such delay is given to the Purchaser %vithin five (5) days ofthe time when the Seller first reccival know [edge thereof. In the event of any such deli_,. the date of delivery shall be extended for the period equal to the time actually lost by reason tribe delay. 3. WARRANTY. The Seller wamnt., that all goon s, articles, maloials and work covered by this order will confnmm with applicable drawings, specifications, sample., 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 Purchaser may suffer or incur on account of the Sellers breach of svamnty. The Seller shall replace, repair or make goo,t without cost to the purchaser. any defects of faults arising within one (1) year or within such longer period of time as may be prescribed by Iim or by the toms crafty applicable svamnty provided by the Seller after the date of acceptance of the goods furnished hcrcundcr (acceptance not to he uurcasnnably delayed), resulting front imperrect or defective work done or materials fitmished by the Seiler. Acceptance or use of goods by the Pinchaser shall not constitute a waiver ofany, claim under this aunty. Except as otherwise provided in this purchase order, the Sellers liability hcrcundcr shall extend to all damage.., prnxiamtcly caused by the breach of any of the foregoing warmmie,s or guarantees, but such liability shall in no event include loss ofpmfits or loss efuse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS, The Purchaser may make changes to legal tents by written change order. 5. CHANGES IN COMMERCIAL. TERhIS. The Purchaser may make any changes to the Ierms, other than legal terms. including additions to or deletions form the quantities originally ordered in the specifications it drawings, by verbal or written change nNer. If any such chance affects the amount due or the time ofpafor manes hcrcundcr, 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 potions of the goods then not shipped subject to any equitable adjustment bct%mor the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anlicipncd profits on the imenuiplcmd portion of file goods and/or work, for incidennl or consequential damages, and that no such ndluslnmcut be made in favor of the Scllcr with respect funny goods which arc the Sellers standard stuck. No such termination shrill relieve the Purchaser or the Seiler orally of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he asserted within thin (30) days form the date the change m termination is noticed. S. COMPLIANCE WITH LAW. The Seller %vrum at-, that all goods sold hccundcr shall have been pmducM, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goads arc subject. The Seller shall execute and deliver such documents as may he required to effect or evidence coloplinace. All laws and regulations required In he incorporated in agreements of this character arc booby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamloo form all costs and damages sr. Rcrcd by the Purchaser as a result of Ibe Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer. or convey this order, or any monies due or to bcoomc due hereunder without the prior written consent of the other party. 10. TITLE. The Seller %v,am,nt full, glom and unrestricted title to the Pumhascr for all equipment. materials, and items furnished in perfomnance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofothers. The Seller shall release the Purchaser and its contractors of any tier from ill liability and claim% of any nature resulting from the perfommnce of such work. This release shall apply even in the event of fault of negligence of the Early released and shill extend to the directors. OIT¢crs Ord anployecs Of such party. The Sellcr'x contrnehml ohligations, including warn sty, .dull not be deemed to be reduced, in any may, because such work is performed orcauscd to he pnrormcd by the Purchaser. 14, PATENTS. Whenever the Seller is required to use any design, device. material or process covered by letter. parent trademark or copyright, the Seller shall indemnifv and save harmc lcthe 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, quit shall indemnify the Purchaser for any cost. expense or damage which it may be obliged to pay by reason ofsuch infringement it any time during the prosccurion or alter the completion of Il,c work. In case said equipnmcut, or ,any part thereof or the intended use of the goods, is in such snit held to constitute infringement and the nsc of said equipment or pan is enjoined, the Seller shall, it its own expense and at its option, either proems for the Purchaser the right to continue using said equipment or pars, replace the same with substantially equal but anninfringing equipment, or modify it so it becomes nnninfringing. 15. INSOLVENCY, If the Seller shall become insolvmd or hankmpl, make an assignment for the benefit of creditors. appoint a receiver or trustee for any of the Sd lcrs property or business, this order may forthwith be canceled by the Pnrchascr without linbiliry. 16. GOVERNING LAW. The definitions of hems used or the interpretation ofthe agreement and the rights of all Panics hereunder shall be constmod under and governed by the laws of the Sbuc of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to fictional work hcrcundcr. including the services of Sellers Representifive(s). on the poemiscs ofothcrs. I T SELLERS RESPONSI W I-11Y. The Scllcr shall carry on said work it Seler's man risk until the came is fully completed and accepted, and shall, in case orally accident, destruction or injury us the work andlo materials before Sd1ces flan[ completion and acceptance, complete the work al, Se]ler's own expense and to the satisfaction ofthe Purchaser. When mmcrials and cquiponnt arc 0nnishcd by others far installation or creelion by the Seller, rife Seller shall receive, to lood, slime 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 occupational disease boilers. to it., employees eon played on or in connection with the work eovcrod by this purchase order, and/or to their depeadcnts in accordance with the lams of the state in which the work is to he done. The Seller shall also carry comprehensive general linbiliry including, but not limited to. contractual and automobile public liability in ...mace with bodily injury and death limit, oral least S300,0 0 for any one po,on. 5500.000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractorsirony, to provide for such compensation and insurance Before any of the Sellers or his contractors employees shall do any work alum the premims of prom. the Seller shall famish the Pom]tucr with a ecrifieate that such compensation and insurance have been pmvidol. Such c tifmcates shall specify the date when such compensation and insmrnace have been lim% ded. Such certificates shall specify the dam when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained tattil after the entire work is compldcd and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seiler hereby assumes the cmim responsibility and liability for any and all damage lossor injury of anv kind Or nature whatsm%cr to persons or pmfierry caused by or resulting from the execution ofthe work Provided for in this purchase onlo or in connection herewith. The Seller will indemnify and hold hamdess the Purchaser and any r Al of the Purchasers officers. agents and employees form and against any and all claims, losses, damngcs. charges or ex Pcnscn, whether direct or indirect, and %%]tether to persons or property to which the Purchiscr may he put or subject by reason of my act felion, neglect mnission or default oil the part ofthe Scllcr, any of his contractors, or anv of the Sellers or contractors oRecm, agents, Or employees. In ease any suit Or other pmcmlings shall he brought against the Purchaser, or its o0icos, agents or employees at any time on account or by reason of any act, action, neglect omission or default of the Seller orally of his coalitionist or any Of its or their OBico,. agents or employees as aforesaid, the Seiler hereby agrees In assume the defense thereof and to defend the same it the Sellers own espense, to pay any and all costs, charges, attorneys fees and other expenses, my and all judgments that may be ineumd by or obtained against the Purchaser or any of its or Ihcir Officers, ,agents or employees in such suits or other proceedings. and in case judgment or other lien he placed upon or obtained against rue proper of the Purchaser, or said parties 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 eontraanrs shall lake all safety precautions. famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including. but without liminhioa, the Occupational Safety and Health Act of 1970 and all talcs and regulations issued pursuant thanm. Rv,iscd 03/2010