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HomeMy WebLinkAbout279796 COCAL LANDSCAPE - PURCHASE ORDER - 3212318 (3)City of Fort Collins Date: 06/21/2012 Vendor: 279796 COCALLANDSCAPE 12570 E 39TH AVE DENVER Colorado 80239 PURCHASE ORDER PO Number Page 3212318 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: 01/26/2012 Buyer: JOHN STEPHEN Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 2 OB #3212318 ADDENDUM (REQ 42200) 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 30,000.00 Total $30,000.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tenns and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tres esemptions. fly sintute the City of Fog Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-W502. Federal Excise Tax Exemption Certificate of Registry R4-60005R7 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 Rcvcrone. Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to pmnmptly notify the Seller 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 specifications, either when shipped or due to dcfxas of any of the wamntics 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 am not to be replaced esccpi upon receipt of written purchaser to insist upon strict perfnmancc hereof orany of its rights or remedies as to any such goods, regardless instructions Enron the City of Fort Collins, of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or remission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on amval. hereof, Final Acceptance. Receipt of the merchandise. 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 Fon Collins. Hmavver, it is to be understand that FINAL Seller and the Purchaser rccngmize that in actual economic practice. overcharges resulting from antitrust ACCEPTANCE is dependent upon completion onall applicable requited inspection procedures. violations arc in fact home by the Purchaser. Theretofore. for grad cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may new have or hereafter Freight Tcros. Shipments must be F.O.H., City of Fan Collins, 7M Wood St.. Fog Collins. CO 90522, unless acquired under fcdenl or state antitnst laws for such overcharges refining to the panicular good or services otherwise specified on this order If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Pumhuscr 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 Seller to correct nonconforming or defective good by a date to he agreed upon by the expected from 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 associated with such work. Permits. Seller shall procures at sellers sole cost all necessary permit, cer ificmcs and licenses required by all applicable laws, regulations, ordinances and roles of the state. municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller Pother agrees to hold the City of Fen Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such haws. regulations orfigmer,, role., and requirerncnts. Authorization. All parties to this carom, agree that the representatives are. in fact. bona fide and possess full and complete authority to bind slid panics. LIMITATION OF TERMS. This Punhasa Order expressly limits acceptance to the terms and conditions stated herein set tomb and any supplementary at additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected in and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the csscncc. Delivm and perfnmancc must he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including. o'about limitation, acceptance of partial late deliveries. shall operate as a waiver of this provision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplaeing this order elsewhere and holding the Seller liable for damages. However. the Seller shall not be liable for damages as a result of delay, due to causes not reasonably foreseeable which arc beyond its consumable control and without its fault ofnegiigence, such acts of God. acts nfcivil or military authorities. governmental priorities, fires, strikes, flood, epidemics, wars 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 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 goads. articles, materials and work covered by this order is ill conform with applicable lowing,, 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 simdarfs for work of n similar nature. The Seller agrees to hold the purchaser hamlets from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wwmmy. The Seller shall replace, repair or stake good, without cost to the purchaser. any defects or faults arising within one (1) year or within such longer period of time as ..,be prescribed by law or by the terms ofany applicable wamnty pmvided by the Seller after the date of acceptance of the good furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not eanstitnte a waiver ofany claim undo this wamnty. Except as onhcnyisc Provided in this purchase order, the Sclicrs liability hereunder shall extend to all damages pmsimztely caused by the branch of any of the foregoing mammies ar 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 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 tells, including addition to or deletions form the quantities originally ordered in the spcifications or drawings, by verbal or sarimen change order. If any such chance affects the amount due or the time of performance 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 grad then not shipped, subject to any equitable adjustment bdwcen the Panics as to any work or materials then in progres, provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted product of the goods angler work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller mith respect to any gourds which are the Sellers standard stock. No such termination shall relieve the Purchaser ar the Seller ofany, id it obligations as to any goods 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. R. COMPLIANCE WITH LAW. The Seller vaunts that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the Son is arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulation required to be incorpnmed in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and bold the Purchaser harmless from all cost and damages suffered by the Purchnscr 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 hcrcnnder 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 items furnished in performance of this agrecment free and clear of any and all liens restrictions Wxervntionx, security interest cneunabo nets and claims of others. The Seller shall release the Purchaser and its commences of any tier form all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the pang released and shall extend to the directors. ofrc,,and employees of such party. The Sellers continental obligations, including wamnrv, shall not be deemed to be reduced, in any wary, because such work is perfumed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, paten. trademark or copyright, the Seiler shall indemnify and save harmless the PurchaaCr from any and all claims for infringement by reason of the use of such patented design, device, ntntcriol or pmccss in connection with the contract, and shall indemnify the Purchaser for any cost. expense or damage which it cony be obliged to pay by reason ofsuch infringement at any time during the prosecution or finer the completion of the work. In case said equipment, or any part thereof 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 porcine for the Purchaser the right no 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 becmnc insolvent or ban oolu, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchnscr without liability. 16, GOVERNING LAW. The definitinns oftems used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be conslmed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellers Repmsentative(s), on the premises mothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Shccrs 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 Sclicrs final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser, When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/err equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, ai his own expense. provide for the payment of ovulo is compensation, including occupational disease benerits, to its employees employed on or in connection with the work covered by this purchase order, and/or no their dependents in accordance with the laws of the state in which the mork is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and mnonmbile public liability insurance with bodily injury and death limit, of at least S300,000 for anv one person. S500,000 for anv 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 Sellers or his contractors employees shall do any work upon the premims ofdheis, the Seller shall furnish the Purchaser with a ccnificatc that such compensation and insurance have been provided. Such certificates shall specify the date r,lien such compensation and insurance have been provided. Such certificates shall xperify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the 'mire work is completed end accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assmncs the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property, caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. I lie Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers offers. agents and employees from and against any and all claims. losses, damages, charges or expenses, whether direct or indirect. and whether to persons in property to which the Purchaser, may be pun 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 else any suit or other proceedings shall be brought against the Purchaser, 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 com actors or any of it or their officers. agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the mme at the Sellers no n expense, to pay any and all costs, charges ommcys 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 or employees in such suits or other proceedings, and in case judgment or other lien he placed upon or obtained against the property of the Purchaser, or said parties in or as n result of such suits or other proceedings. the Seller will an once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take 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 limitation, the Occupational Safety and Heahh Act of 1970 and all roles and regulations issued pursuant thereto. Revised 03/2010