HomeMy WebLinkAbout506266 V & S LANDSCAPING & SPRINKLER SYSTEM INC - PURCHASE ORDER - 9143486PURCHASE ORDER PO Number Page
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This number must appear
" �7 on all invoices, packing
sli s and labels.
Date: 06/19/2014
Vendor: 506266 Ship To: ENGINEERING DIVISION
V & S LANDSCAPING & SPRINKLER SYSTEM INC CITY OF FORT COLLINS
2458 W 44TH ST 281 N COLLEGE AVE
LOVELAND CO 80538 FORT COLLINS CO 80521
Delivery Date: 06/19/2014 Buyer: JOHN STEPHEN
Note
Line Description Quantity UOM Unit Price Extended
Ordered Price
Mason Trail NRRC Overpass 1 LOT LS 13,000.00
WO #1-400903204-14
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
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:
1
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
1. COMMERCIALDEfA1LS.
Tax exemptions. By statute the City of Pon Collins 6 exempt tom state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-rio0o587 is registaml with the Collector of
Internal Revenue, Denver, Colorado (Ref, Colorado Revised Minutes 1973, Chapter 39-26, 114 (a).
Goods Rejected, GOODS REJECTED due to failure to mat specifications, either when shipped or due to defects of
damage in tramit, may be rimed to you for credit and are not to be replaced except upon receipt of wrinrn
instructions from the City of Fort Collins.
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival.
Final Acceptance. Receipt of the merchandise, services or abnormal in response to this Order can result in
mahoduJ payment on the pan of the City of Fort Collins. However, it is to be understand that FINAL
ACCEPTANCE is dependent upon completion oFail applicable required impation procedures.
Freight Terri. Shipments must be F.O.B., City of Fail Collins, 700 Word] St., Fort Collins, CO 80522, unless
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
bill mutt accompany im'aim. Additional charges for packing will act be accepted.
Shipment Distance. Where manifactums have distributing prim , in ... pans of the country, shipment is
expected from the nearest distribution point to destination, and excess freight will W deducted fmm Invoice when
shipments art made from firesat, distance.
Panits. Seller shall procure at sellers sole cast all necesvry permits, cerifirmes and licenses required by all
applicable laws, regulations, ordinances and Ogles of the state, municipality, mmtory or political subdivision where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
Of vrodar. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss
incurred by than by reason of con assawd err established violation of any such laws, regulations, orlinmtees, mles
and requirements.
Authorization. All parties to this contract agree that the representatives are, in fist, burs fide and prrsmss full and
complete authority a bind said panirx.
LIMITATION OF TERM& This Purchase Order expressly limits acceptance in the terms and conditions smrrd
herein set forth add any supplementary or additional terms and conditions mounted hereto or incorporated herein by
aftercare. Any additional or diffival terms and conditions proposed by seller are objected to and hereby jeard.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery dam as noted. Time is of the essence. Delivery and peRomance must be effected within the time
stated on the purchase order and the dauments coached aaem. No acts of the Purchasers including, without
limiatim, acceptance of partial late deliveries, shall operate as. waiver of Ws provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. Ilowcvcr, the Seller shall not be liable for damages as a result of delays
due to coo as not reasonably foreseeable which rare beyond its reasonable control and without its fault of negligence,
such acts of Gad, sera of civil or military antborifies, governmental priorities, fires, strikes, flood, epidemics, wars or
dots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller fir received knowledge lheroof In the ,at of any such delay, the date of delivery shall be
extended for the period rya] to fie time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller warrants that all goods, anirles, materials and work covered by this Order will conform with applicable
drawings, specifcatiom, samples andtor other descriptions given, will W fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standard for work of a
milar astute. The Seller .gees to hold the purchmer hvmless fmm any loss, damage or expense which the
Purchaser may suffer or incur on account ofthe Sellers breach ofwarmnry. The Sella shall replace, repair or make
good, without cost m the purchaser, any defect, or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the rams of my applicable W., provided by the Seller no, the date of
acceptance of the goads fmished hereunder (acceptunce On to be unreamably delayed), nulling from imperfect
or defective work done or materials furnished by the Sella. Acceptance or use of goods by the Purchase shall not
institute a waiver of any claim under this wnranty. Except m mherwise provided in this purclnse order, the Sellers
liability hereunder shall extend to at damages proximately caused by the breach of any of the ramping wamnties
or pastures, 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 women change order.
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the damns, other Nan legal farms, including addowers to or deletions from
the quantities originally ordered f fie specifications or drawings, by %abzl or wdma change order. If any such
change affects the ...I due or the time ofperfonounce hereunder, m equitable adjustment shall he made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as m any or all portions of fie
goods then om.shi,cd. subject to any aml.ble mljunmam between the ponies as to any work or materials then in
progress provided that the Purchaser shall ram be liable for any claims for anticipated profits on the uncompleted
portion ofthe goods and for work, for incidental or consequential damages, and that no such adjuslmem be made in
favor of the Seller with respect to any grad which am the Sellers standard stock. No such lamination shall relieve
the Pucobacoa or the Sella of any oftheir obligations m to my good delivered hereunder.
2. CLAIMS FOR ADJUSTMENT.
Any claim for ndjuslmenr maid Ile mcsened wild. thirty (30) days from its, dam the change or mmrinatim is
ordered.
8. COMPLIANCE WITH LAW.
The Seller wmrams that all goods sold hereunder shift have been produced sold, delivered and famished in scrim
compliance with all applicable laws and regulations to which fie goods ate subject- The Sella shall execute and
deliver such documenti as nay be required to aged or evidence compliance. All laws and repiniom required to W
incorporated in ageemears of this character art hereby incorporated herein by this reference. The Seller agrees of
indemnify and hold the Purchaser banaless ftom all costs and damages suffered by fie Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, manager, in convey this order, or any monies due or to become due hereunder without the
prior written consent ofthe offer party.
10. TITLE.
no Seller warrants full, clear and contradicted title to fie Purchaser for all equipment, materials, and items fmishrd
in prrfomhana of this agreement, fare and clear of my and all liens, a mictiom, resermfioma, security ftemsf
encumbrances and claims of offers.
I L NONWAIVER.
Failure of the Purchases to insist upon quirt performance of the tents and conditions hereof, failure or delay to
y rights or comedies pmvided herein or by law, failure to promptly notify the Seller in the event of a
breanomb,me acceptance of., payment (Imports hereunder or approval mthe deign, shall not release the Sella of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of my right of fie
Fumigator in insist upon strict performance hereof or any of its rights or remedies as to any such goads, regardless
of when shipped, received or accepted, as in any prior or subsequent default hereundeg nor shall any purported
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the teens
hereof
12. ASSIGNMENT OF ANTI FROST CLAIMS.
Seller and the Purchaser recognize fast in actual economic practice, overcharges resulting form antitrust
violations arc in fact boor by the Purchaser. Tberemfore, for goal cause and as consideration for rxrmling this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
acquired under federal or state antitrust laws for such overcharges relating to the particular goods err Savants
purchased or acquired by foe Purchaser pursuant to this purchase Ogden.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser didd rs the Seller ro correct mnconfnorm, or defective goods by a date a W agreed upon by be
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may came the work to bar Performed by fire most expeditious means available to it, and the Sella shall pay all
costs associated with such work.
The Seller shall release the Purchuser and its comradors of any tier farm al I liability and claims cf any mare
esulting from the performance Of such work.
This release shall apply even in the room of fault of negligence of the party released and shall extend to the
direcmrs, officers and employees ofsuch parry.
The Sellefs antrdctml obligmiom, including wa 1, shall not be clamed Io be reduced, in any way, because
such work is performed or ..do. be performed by the Purchmcr.
14. PATENTS.
Whenever the Sella is required to me any design, deice, material err process cmared by lane, patent, fmdemark
or copyright, the Sella shell indemnify and save hornless the Purchaser from any and all claims for infringement
by reason of the use of such planned design, deaim, material or process in connection with the ca prod, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obligrd to Pay by reason ofsuch
infringement at any time during the prosamion or after the completion of the work. In case said equipment, or
any pan thereof or the intended use of the grads, 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, eifia procure for the
Purchase the right to continue using said equipment or parts, replace the same with substantially equal but
noninfringing equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, 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
Purchaser without liability.
16. GOVERNING LAW.
The defniliom of it. used or the imerpurcham ofthe agreement add the rights ofail parties hromder, shall W
construed under and governed by fie laws of the State ofColomdo, USA.
The following Additional Conditions apply oily in seas where the Seller is to perform work hereunder.
including the services of Sellers Represenftive(s), an the premises ofodhar.
❑. SELLERS RESPONSIBILITY.
The Seller shall tarty on said work at Sellers own .,it all the same is fully completed and accepled, and shall,
in se of any accident, destruction or injury to the work and/or materials before Sellefs final completion and
cceptance, complee the work at Sellefs own expense and to the satisfaction of the Purchaser. When materials
and equipment rare famished 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/or equipment
were being famished by the Seller under the order.
18, INSURANCE.
The Seller shall, an his own expense, pnmide for the payment of waders competsm mic Ndudfg accuparional
disease benefts, to its employees employed on or in connection with the work covered by this purchase order,
andor to theh dependents in accordance with the laws of foe state in which the work u to be done. The Sella
shall also carry comprehensive general liability including. but not limited to, co mannal and automobile public
liability insurance with bodily injury and death hours of of least S3uo,000 for any one person, s50d,0oo for any
commaccident and property damage limit per accident of S400,003. The Seller shall likevim ra,mr, his
and, if any, to provide for such compensation and insurance. Before any of the Sellers in his contractors
employees shall do any work upon the premises of others, fie Seller shall furnish fie Purchaser with a ceni blare
Nat such compensation and insurance have ban provided. Such rafficams shall specify the date when such
compensation and insurance have been provided. Such artlf ides shall specify the date when such compacolon
and Insurance expires. The Seller agrees fast such compensation and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby examors the afire tap rmlbility and liability for any and all damage, loss or injury of any kind
cinature whensoever to persons or property caused by or resulting fmm the execution offe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purehmer and any
cr all of the Purchasers officers, agents and employees fmm and aboardmy and all claims, Looms, damages,
harges or expenses, whether closer or indired, and whether to persona or pmperry m which fie Purchaser may
be put or subject by reason of any act, sctian, deficit, omission or default on the pan of flue Sella, any of his
matracam, or my of the Sellers or confusion officers, agents or employees. In cove any suit or other
proceedngs shall be brought against the Purchaser, or its officers, agents or employees at any rime on nccoant or
by 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 employers to aforesaid fie Seller hereby agrees to assume fie detente fieraf and to
defend fie same at fie Sellers own expense, to pay any and at l costs, charges, madness firs 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 be placed upon or
obtained against the property ofthe Purchaser, or said parties in or as a result of such suits or other proceedings,
the Seller will at once on. 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 guard necessary for the prevention of
accidents, comply with all laws and regulations with retinal to safety including, but without limitation, the
Occupa imod Sally and Health Ad of 1970 and all Ogles and regulations issued pursuant dap o.
Revised 03R010