HomeMy WebLinkAbout361699 ZAK GEORGE LANDSCAPING - PURCHASE ORDER - 9122453PURCHASE ORDER
PO Number Page
City Of
9122453 t of 2
C6rt Collins
ns
This number must appear
�—J`-, ` `
on all invoices, packing
slips and labels.
Date: 04/27/2012
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: 04/26/2012
Buyer: JOHN STEPHEN
Note:
Line Description
Quantity
Ordered
UOM Unit Price Extended
Price
Irrigation system
1 LOT
LS 8,500.00
Station 1 remodel
Total $8,500.00
c3. on,�-ems
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
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchasc Ordcr Tennis and Conditions
Page 2 of 2
1. COAIMERCIALDFTAJLS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Out Exemption Number is
9R-W502. Federal Excise Tax Exemption Certificate of Registry 94-(-0 597 is registered with the Collector of
Internal Revers. Denver. Colorado (Rd. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications. either when shipped or due in defects of
damage in transit may be rearmed to you for credit and arc not To be replaced except upon receipt Of smitten
insbactions fear, the City of Fon Collins.
Inspection. GOODS arc subject to the City effort Collins inspection On arricM.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the mans and conditions hereof. failure or delay to
exercise any rights at remedies pmrided herein or by law, failure to pmmptly notify the Seller in the event Of a
breach. the neecptance ofor payment for grads hereunder at approval office design, shall not release the Seller of
Toy of the w'amntics Or obligations of this purchase Order and shall not be devoted a waiver of any right of The
Purchaser to insist upon strict performance harm(or any of its rights or remedies as many such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported!
mal ...edification or rescission of this purchase onlcr 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, ASSIGNMENTOF AN' I' [TRUST CLAIMS.
molumed payment an the pan of the City at Fan Collins. Hoomc,. it is to be ,Oil efsfood That FINAL Scaler and the Purchaser recognize that in atrial economic practice overcharges resulting limn amimtst
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact borne by the Purchaser. Theretofore for good cause and as considemrion for excculing this
purchase enter, the Seller hereby assigns to The Pnrchascr any and all claims it may now have or hercaller
Freight Terns. Shipments must be F_O.R., City of Fort Collins, 7M) Wood St_ Too Collins. CO 80522, unless acquired! under federal or state antitow laws for such overcharges relating to the particular goods or services
athcaeisc specified on this order_ If pemis,ion is given to prepay freight and shags sepamtely, the original freight purchased or acquired! by the Purchaser pnramm to this purchase order.
hill must accompany invoice Additional chances for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance Where mannufacturem have distributing points in %aims pans of the country. shipment is If the Purchaser directs the Seller to correct nonconforming Or defective grads by a date to he agreed upon by film
expected From the unrest distribution point to destination. and exec,, freight will be deducted franc Invoice when Pnrchascr and the Seller, and the Seller thereafter indicates its inability ar unw"illinguess to comply, the Purchaser
shipments arc made from greater distance. may cause the work to be performed by the most expeditions means nictitate to it, and the Seller shall pay all
costs associated with such work.
Pamirs. Seller shall procure at sellers sole cat all necessary pewits, eoifteale, and licenses required by all
applicable laws, regulations, ordinances and rules of the state, municipality, temtury ar political snhdivi,ion where
the work is perfumed, or required by any other duly constituted public authority having jurisdiction care the work
of vender. Seller further i fore, to held the City Of Fan Collins harmless from and against all liability and loss
incurred by them by reason of an asserted or established violation of any .such laws, regulations, ordinances. titles
and requirements.
Anhhoriznahion. All panics to this contract agree that the representatives are. in fact, Bono fide and possess hell and
complete nmharihy to bind said panic,.
LIMITATION OF TERMS. Thi, Purchase Order expresdy limits acceptance to the terms and conditions slated
herein set forth and any supplementary or additional learn 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 ifymt cannot make complete shipment to active on your
promised delivery data as noted. Time is office essence. Dclicca, and performance must he effected within the time
stated on the purchase order and the documents anxehed hereto. No acts of the Purchasers including, without
limitation. acceptance id -partial late deliveries, shall operate as a waiver of this provision. In the event ofany delay,
The Purchaser shall have, in addition in other legal and equitable remedies, the option of placing 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 am rcasenobly foreseeable which am beyond its reasonable control and without in fault ofnegligence.
such acts Of Gad, acts ofeivil Or military authorities. goacmmental priorities, fires, strikes. Road, epidemics. wars or
riots provided that notice of the conditions canning such delay is given to The Purchaser .within five (s) days Of the
time when the Seller first received knowledge thereof. In the event of any such delay. The dale of delivery shall be
extended for the period equal to the time actually lost by reason of,he delay.
3. WAR RANTY.
1'he Scller wamnts that all grad, articles, materials and work covered by this order will conforn, with applicable
drawings, specifications, samples and/or other descriptions given, will be fit far 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 to r bless from any loss, damage Or expense which the
Purchaser may suffer or incur on account of the Sellem breach of wamnty. The Scller shall replace, repairer make
grad wi,hrnd ens, to the purchaser, anv defects or faults arising within One(]) ,year a within such longer period of
time as cony he prescribed by laic or by the terms of any applicable wamnty, provided by the Seller after the dale Of
acceptance of the god furnished hereunder (acceptance net to be unreasonably delayed), resulting from imperfect
or defective work done or materials furnished by the Seller. Acceptance ar use of goods by the Purchaser shall net
constitute a writer ofany claim under this wamnty. Fseeph as otherwise pmvidcd in this purchase order, the Selicrs
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamaties
or guarantees, but such liability shall in no arnt include Ions of profits or I.. of use. NO IMPLIED WARRANT Y
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
a, CHANCES 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 champs, to the terms, other than legal terms, including additions In or dcleflon, from
the qunn,ities originally mdewd to the specifications or drawings, by verbal or written change order. If any such
ehnnge affncts,he amount due or the time of performance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS_
The Purchaser may of any time by written change order, terminate this agreement as to any or all partions of the
goods then not shipped. subject to any equitable adjustment haloven The panics as to anv work or materials 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 he tunic in
favor of the Seller with respect really geed, which are the Sellers standard stock. No such temiotion shall relieve
The Purchaser or the Seiler fany eftheir obligatiart as hourly good delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the date the change or temuinntien is
ordered.
g. COMPLIANCE WITH I LAW.
The Seller wamnts that all grad sold hereunder shall have been produced, sold, delivered and furnished in ,trier
compliance with all applicable lases and regulations to which the goods arc subject. The Seller shall execute and
deliver such documents a, may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character arc hneby incerpnmted 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 Imo.
9. ASSIGNMENT.
Neither party shall assign, transfer. on conocy this order, many monies due or to bneome due hereunder without the
prior written consent of the other party.
10. TITLE.
The Seller wamnts Full, clear and unrestricted title to the Purchaser for all equipment materials, and item, famished
in performance of this agreement, free and clear of any and 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 fmm the performance of such work.
This release shall apply even in The cocoa of fault of negligence of The perm released and shall extend to The
daeetnm, officers and employees of such party.
The Seller', contrnetunl obligations, including wamnty, shall not be deemed To be reduced. in any way, because
such work is performed or caused to he performed by The Muchnscr.
14, PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by leocr, patent, trademark
or copyright, The Seller shall indemnify eul save harmless The Purchaser from any rand all claims Gx 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 prnsccution 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, al 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 noninfringing.
15. INSOLVENCY.
If the Seller shall beeonm insolvent or bankmpt, make an assignment for The bcnefii of creditors. appoint a
receiver or trustee for any of the Sellers properly or business, This order may forthwi,h he canceled by the
Purchaser withma liability.
16. GOVERNING LAW.
The dcfiailimta ofmrnss reed Or the interpretation ofthe agrcenenl and the rights Ofall parties hermmdcr slmll be
consimed tmdcr and governed by the Incas of the Slate of ColomdO, USA.
The following Additional Conditions apply only in cases where The Seller is to perform work hereunder,
including The services of Sellers Repro entativo(s). on the premises of ethers.
17, SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Scller',, Own risk until the same is fully completed and accepted, and shill,
in case of any accident, destnction or injury to the work and/or materials before Seller's final completion and
neecptance, complete the work at Scalers no cxpensc and in the satisfaction of The Purchaser. When materials
and equipment are famished by othem for installation or erection by the Seller. the Seller shall receive unlaad,
store and handle same at the site and became responsible therefor as though such materials and/or equipment
were being furnished by the Seller under the order.
IS. INSURANCE.
The Seiler shall, at his own expense. provide for The payment of wnrkcrs compensation. including Occupational
disease bcn,rt,, to its cmpinyccs cmpinycA On e n connection with the work catered by this purchase order.
and/or to their dependents in accordance with thelaws of the state in which the work is to he done. The Seller
shall also carry comprehensive general liability including. hill not limited to, contractual and mnmnnbile public
olity Tr000r,o with bandy iniary nail denth limits ,far Teri, S100.000 fee any One Terser, S506.006 for nor
mac accident and Property damngc limit per accident of S400.000. The Sailer shall likewise require, his
contractors, if any, to provide for such cnmpensaion and in, rance. Before any of the Sellers Or his contractors
cmpinyccs shill] do any work upon fire premises of ethers, the Seller shall furnish the Purchaser with it ecridinle
Rod such compensation and in. ..... see have been pmvidcd. Such cenificaacs shall specify Incfdate when such
compensation and insurance have been provided. Such certificates shall specify the lac ,when such eon.pensalion
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 herchy assumes the entire responsibility and liability for any and all damage. loss or injury ofany kind
or nature woe hatsver to persons or pmperry caused by Or resulting firm, the everiumn ofthe work pmrided for in
this purchase order or in connection hemwilh. The Seiler will indemnify and hold harmless the Purchaser and anv
or all of the Purchasers offrecrs. agents and employees from and against anv and all claims, losses, damages,
charges or expenses, whether direct or indirect and whcthcr to persons Or property to which the Purchaser mzv
be put or subject by reason of any act action, neglect, emission at default on the pan of the Seller. any of his
contractors, or any of the Seller, ru eentmel Ors TIT.m, agents or employees. In case any suit Or other
Proceedings shall be brought against the Purchaser. or its affects, agents or employees of any time an n ent nt or
by reason Of any net. action, neglect, omission or default of the Seller of any of his contractors or any of its Or
their officers, agents or employees is aforesaid. The Seller hereby agrees to assume the defense thereof and to
defend the are at the Sellers own cxpensc, 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 officers,
.agents at cmpinyccs in such suits Or other pmcccdings, 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 some to he die ol.ed and di charted by giving bond or otherwise. The Seller card
his contractors shall take all safety precautions, furnish and install all guards necessary for The pmention Of
accidents, comply with all laws and regulation, with regard to safety including, bill without limitation, fire
Occupational Safety and Health Act of 1970 and all ntics and regulations issued pursuant Thereto.
Rcvisod 03/201n