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HomeMy WebLinkAbout503976 DESIGNSCAPES COLORADO - PURCHASE ORDER - 9123676City of art Collins Date: 06/25/2012 Vendor: 503976 DESIGNSCAPES COLORADO 15440 EAST FREMONT DR CENTENNIAL Colorado 80112 PURCHASE ORDER PO Number I Page 9123676 1of2 his number must appear on all invoices, packing slips and labels. Ship:To: CLRS ADMINISTRATION CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS Colorado $0524-4 Delivery Date: 06/25/2012 Buyer: JOHN STEPHEN Note: Line - Description - -. Quantity ' UOM ' - Unit Price -Extended -Ordered Price r Radiant Neighborhood 1 LOT LS 1,245,034.40 Park Project PER TERMS AND CONDITIONS OF BID 7362 " AND AGREEMENT DATED MAY 31, 2012 2 Radiant Neighborhood 1 LOT LS 100,000.00 Park Project - - - Total $1,345,034.40 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 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 COMMLRCIALDETAILS. Tax exemptions. By save the City of Fm Collins h exempt fmm state and Ie.l macs.Our Enna, ian Number is 984FI502. Federal farce Tax Cornets. Cali&am of Registry 84-9000587 is registered with The Collector of Rc Interval venuc. Coleco, Colorado (Ref. Colorado Revised Statutes 1993, Chapter 39-26, 114 (A). Goods Rejcctd. GOODS REJECTED due to failure to meet specifcatiam, either when shipped AT due to ddccts of damage in transit. may he rcbnncd to you for trait and arc not in he replaced except upon maipt of vermin msmral... from The City of fora Collins. Inspection. GOODS arc suhjo r to the City of Fen Collins inspection nn Aerial 11. NONNA W ER. .. . Failure of the Purchaser rA im'isr 1.11 Inner perfomance of the tams and conditions hereof, fail.,, or delay m exercise any rights err remedies P.ruled herein or by law, failure iO Maroly Amp, the Seiler in the ever Of A breach the acceptance ofor payment fur goods hereunder nr approval of the design, shall ma release the Seller Of any of Ihe wareantics a obligations of this purchase order and shall ram be devoted A waiver of any right of the purchaser to insist upon snip perfotmanec hocofor any Off, rights or remedies As to any such goods, regardless of whvn shipped, received or accepted, as to any poor or subsequent default hereunder. nor shall any puryond oral mndifcafon or rescission of this purchase Arctic by the Purchaser operate as a waiver of anv of the terms hatof. Final Acceplanex. Roceipl of the merchandise, services or equipment in mmemse in this order can ,emll in 12. ASSIGNMENT OF ANTITRUST CLAIMS. ambonsed paymmm on the pan of the City of Fan Collins. Howcva. it is to be understood thatFINAL Seller and the Purchaser recognim that in actual economic practice, nvncharges resulting fmm antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations air in fan home by the Porchama Thaetoforc far Fund cause and as consideration far marinating this purchase order, the Seller hereby assigns to the Purchaser env and all claims i, may now hrve Or bema0er Freight Teets. Shipments must he F O.B., City of Fan Collins. 700 Wood SL, Fran Collins. CO 90522. unless otherwise specified an this cola. If permission is given m,µpay freight and charge separately. the original freight bill muss accompany invoice. Additional charges far packing will ram Is leaped. Shipmcn, Distance. What manufacturers have distributing points in varinm pens Of the country. shipment is ,,peered from the correct distribution point to datiiation, and excess freight will bm deducted from Invoice when ahipment, ale made fmm pRalrr dia... Permits. Seller shall prucom at sellers sole cael all naasary pami6, crnifuns and licenses ,squired by all applicable laws, regulations, ordinances and mles of the stale. municipality, territory or lmlilical subdivision when the work is preformd, Or required by any other duly constituted public authority having jurisdiction over ,he work of vendor. Seller further agrees to hold Be City of Fan Collins harmless from ad against all liability and lass incurred by them by... of a. ¢ and or established vimlaian .f any such laws, reguheinns, mforaces. Ales are requirements. Amho,ibi All martin T. this cenma agree that the rryrexatativa arc, in beer, ban.. fide and possess full ad complete authmritym bird said panic. . LIMITATION OF TERMS. This Pu¢Mse Orda Oc,.Iy limit, Acceptance to the terms end conditions eland hs+em sel forth ad mny supplementary err m iliaal lama sd conditions Anucxd hat. Or incuquuamd herein by refineries. Any Additional indillcrcnl laws ad conditions pamovad by seller are objected to and hereby reyoctd. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediourly if you cannot make cmnplow shipment to arrive on your premised delivery data As noted. Time is ofthc eacnce. Delivery And porfnrmmce must he cRetcd wilbin the into surged on the purchase oNer ad the documents anached hereto: No sets of the Purchasers including, without limitation, eeepance of partial late dciivoiies. shin olanm es A waive of this psavising In In<evem Af.Ay delay. the fomhascr shall have, in addition to other legal ad equitable remedim the option of placing this ANa elsewhere ad holding the Sella liable for damages. Hoerna. the Sella shall ram b liable for damages As a recall of delays due to causes no reasonably Exercisable which an beyond its naonable control and without its fault ofnegligeme. such acts ofGM, acts ,!civil or military autharitin, governmental Martins, fur, tanker. BcaM, epidemics. wan ar n,ns provided that notice of the conditions causing such delay is given to the Purchase within five (5) days of the time when the Seller first mociva kwwlcdgc Ibereaf. In the meal of any such delay, the dam of delivery shall he extended her the paid equal 10 the time ismally bat by as. Ofthc delay. 3. WARRANTY. The Seller warrants that all goods, icicles, materials and work covered by this order will conform with aMIm,blc. drawings, specifications, armpits and/or other desedp,mm, given, will he fir, fur the fngnses imeded, and pafarmW with the highest degree of can are competence in accordance with mcceptad standards fur work of A mills, nature. The Stile, agrees to held the purchaser harmlm, from any too, d... In A, carouse which the Purchase mny cursor., incur An Account of flc Sellers breach of warranty. The Seller shall rcplAcc, ,emir or make good. wi,bw, coal to the purchaser, any dafca At faults mixing within one (1) year a within such Imago, paint Of time as may be pmacribed by law or by the tomes of any arplicable warranty provided by the Seller after the date of acceptance Artie goods famished hereunder (Acceptance ram to be unreasonably delayed), resulting from imperfect or defective work chair or materials fumished by the Seller. Acceptance or me of goods by the purchaser shall not institute a waive ofeny claim under this commonly, Except as mherwis provided in this purchase order, the Sdhrs liability hereunder shall extend to all damages proximaely caused by the breach of any Of the fmregnin, warranties or....Arco,, but such liability shall in no event include lom ofpmftx or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SE IALL APPLY. a. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal tams by written change a,it,, 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any change in the fact other than legal tames, including addiliom to or deletions from the quantities minimally ordered in the maifiutions or drawings, by verbal at "amen change Alm. If any such change affects the amount due or time ofCabnoanco hereunder. An equitabic adjustment shall be Aria. fi. TERMINATIONS. The Purchaser may A, any firm by written change mole,, laminate this agreement as to any or all pinions Of be grads then not shipped, subject to any equitable adjusment between the purtics as in any wick or materials then in progress provided that the Purchase shall ran, be liable for any claims for anticipatad Amfta on be uncompleted portion of the goods and/or work, for incidental or consquetial damages, and that no such adjustment be made in to. of the Seller with respect to any gods which arc the Sellers standard stock. No rich lamination shall relieve the Inurchawr in the Seller ofeny oftheir obligmiws as to any grads dolivaid hereunder. Z CLAIMS FOR ADNSTMENT. Any claim for adjustment must be Asserted within third (30) days from the can the change or tamination is ordered. 8. COMPLIANCE WITH LAW. The Seller wamm, that ell grads sold hereunder shall have ben pmdustd, sold, delivered and ftmish,d in strict compliance with all .,liable laws ad regulatians in which the Scads are subject The Sine shall execute and deliver such documena as may be Accused 10 effect Or evidence compliance. All laws and mgulations Taloned to he incorporated in Agreements of this character are hacby incomta herein by this mfera,c. The Sella e a agrees to arp ndemnify and hold the Purchaser harmless fmm all costs eel damages surterd by the Purchaser as A reach of the Sellers fallen to ,amply with such law. 9. ASSIGNMENT. Neither perry shall assign, nonsfc,, or convey ibis ride, or any moniu due or to become due hereunder without he prior written consent of the other pans. I&. TITLE. The Seller warrants full, clear and unrestricted title 10 the Puahaaf for all equipma'nl, materials, are items fumished in pars melee of this agnecment free and clear of any and all liens, rutrictions. rescrvntiam. security interest encumbrawn and claims of others, acquired under farnl or state ondurat laws for such overchargca relating to the µmicallar goods or anioes purchased or acquired by the purchuer mitvan, m,his purehave one,. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS., .. If thc Purchaser demos the Seller to career nonconforming or defective goods by a date to be agrcN upon by the Pvmbaser and the Sella, and the Sella flunsfe indicates its inability or unwillingness to comply, the Purchaser may ease the work to In performed by the mad ceMcitiws mean: available to it. and lb, Sena shall pay all coals associated with such work. The Seller shall release the Purchaser and its contra oars of any tier from all liability and claims of am nature ,nulling from the poefrmnance of such work. This reloasc shall apply even in the event of fault of negligew, of the pain released am shall extend m the directors, officer am employe of such parry. The Seller's eo manwl obligations, including wamenry, shall not he dremed to be reduced. in any way, because such work is perfmmta or coma 1. be ItrTfnrmd by the Pomhascr.. I . la. PATEN -ES. Wbetmvcr thO Seller is reemind to use any deign, dn,ce, material Or moccss cwomm by Iwer, parent trademark or copyright, the Seller shall indemnify and save harmless the Porchascr from am ad all claims fur infringement by reason of the use of such prolled design, device material at pocess in commrion with the contract, And shall indemnify the Purchaser for nary cast, expense m damage which it may he obliged to pay by rcuon efauch infringement t Any rime during the proaccWien man, the completion Of the wick. In can said equipment err nv pan thereof a, the intended use of the gneds, is in such ,pit held An cenmetrac infringement ad the use of said equipment or pan is apini the Seller shall. a1 its own expense and at to option, either procure fur the Purchaser the right to continue using said equipment or pans, roplacc the same with iuhstamially equal but ..infringing equipment Or modify it sea it hetoint, nan.firia ing.., 15. INSOLVENCY. If The Seller shall berme insolvent As banlmp, make ran assignmon, fur the bereft Of creditors, appoint a receiver at tmsme fur any Of the Sellers pmpcny or business, the once may forthwith he canceled by the Purchase without liability. I Its GOVERNING LAW. The definitions of nue s used or the intsryrcurtmo ofthe agreement And Ibe rights ofail panics herande, shall he construed urea and gcoar ed by the laws of the State OfCAlm da. USA. The following Additional Conditions Apply only in cases when the Seila'n to Itafomr wmk hertuder. including the services OfSellcm Represcnurtivcfsk on the premises ofathers. 17. SELLERS RESPONSIBILITY. The Seller shall any on said wmrk At Seller's oven nak until the same is Polly completed and accepted, and shall, in se of any accident, destruction or injury to the wank and/or morainic before Seller's final completion and Acceptance, complete the work at Seller's own expense end to the satisfaction of the Purchaser. When mnumila and equipment arc fumished by others for install. ion or erection by the Sellct the Seller shall receive. afield, store and handle amc At the site and become ra,mrsible therefor as though such materials and/or equipment were being fumished by the Seller under the:net. I R. INSURANCE The Seller shall, at his own epmuse, provide fur the payment of warksm compenution, including compalannl discan hmefile, to its employees employed on or in connection with the work covered by 'he, purchase ardor, and/or to their comments in accordance with the laws of IM1e state in which the work is to be done. The Seller ,hall also cart, wmpmbenaive general liability including, but ram limited to, cornmeal and a nomohil, public liability insurance, with bodily injury and death limits of at least S300,000 fur any one Ferson, S500.000 for any one accident and property damage limit per accident of S400,(K)b The Seller shall likewise mquim his contractors, if any, to provido for rich enmreasation and insurance. Bef we any of the Sellers or his comments enlpl.ycta shall do any work .pan the premises of others, the Seller shall famish he Purchaser with n cenificam that such comporation and insurance have hew provided. Such ewificams shall sp xify the data when such nmMnmlion and insumacc have been provided. Such ewi0cams shall Mcif, the date when such crmpeararion And insurance expires, The Seller agrees that such compensation and inareance shall be maintained until a0m,hc mum work is completed and Aesopian. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller herby asaumcs the mail, axomnolity and liability for any and all damage, lass or injury of any kind .1 maim, b.ows,or,. revmosma m B-Cart caused by n escaping f the cocation oflhe work provided fur in this purchase rude err in c mmolian baewith, The Seller will indemnify and hold harmless the Purchaser and any or All of the Purchasers offerers. Agent and employees from and against any And all claims, losses, damaga. charges or estrcnar: whether direct or indirect, and whether 1. persona err pmpety to wbich the Purchaser may be par or abject by mason of any act, action, neglect, omission or default on the now of the Sella, any Of his whaelora, Or any of the Sellers Or com ormiS Officers, agents Or OMPloyees. In care any suit Or other rmcndings shall he brought against IM1e Purchaser, or it, offices, agents As emplovon at any time on account or by mason of any Act, action. acglem. omission or default of the Seller of any of be contmemrs nr any of its or their offien, agents or employees as aforesaid the Sewer hereby Agrees to assume the defense thereof ad to defend the same at the Sellers mew erense to pay any and all casts, charges, Attorneys fees and other expense. any and all judgments Thar may be incurred by or obtained against The Purchaser or any of its Or their ciffi . agents or employca in such suits or other proccaings, and in case judgment or other lion be placed upon or Obtained against the Pm erf, of the Purchase, or said panics in or as a result of such suits or other proceedings. the Seller will at once cause the mine to be dissolved and discharged by giving hold or otherwise. The Seller and his ,nmramars shall talc all at precautions, famish and install all Francs necessary for the Macurion of accidents. comply with all laws end regulations with regard to afery including. but without limha ion, the Cardatioral Safety Ad Health Act Of 1920 ad all rule ad mgmAiws issued putsmm there,.. ' Revised 0312010