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HomeMy WebLinkAbout506266 V & S LANDSCAPING & SPRINKLER SYSTEM INC - PURCHASE ORDER - 9143995PO PURCHASE ORDER 914399er Page CI�/ of PURCHASE 9143995 + of 2 ' `tCOI I I„s This number must appear ` `l ' 1 on all invoices, packing sli s and labels. Date: 07/16/2014 Vendor: 506266 Ship To: V & S LANDSCAPING & SPRINKLER SYSTEM INC 2458 W 44TH ST LOVELAND CO 80538 ENGINEERING DEPT-MASON CITY OF FORT COLLINS ENGINEERING DEPT-MASON 281 N. COLLEGE AVE FORT COLLINS CO 80524 Delivery Date: 07/16/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 install meter pit Troutman Per WO#400903290-1-2014 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.mm 1 LOT LS 5,500.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. l Excise the City of Fon Colima is exempt from sum mJ local uxa.0ur Exemption Number is 98efal R Falrnl Excise Tax Exemption Candace randof Registry 84973. Chapter te registered with the Collator of Internal Revenue, Denver, Colander (Ref. Colorado Raised Studies 19TJ. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due on failure to meet spedfiartime, either when shipped or due to defects of damage in permit, may be retumN to you for credit and are net to be replaced except upon raeipt of wrinen instructions from the City of Fort Collins. Inspection. GOODS are subject to the City ofFed Collins inspection on arrival. Final Acceptance. Receipt of the merchmdlu, se response r equipment in respoe to Ncan is order result in authariuJ payment on the pan of the City of Foe Collins. However, it is to be understood thaFINAL ACCEPTANCE, is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments most be F.O.B., City of Fort Collins. 700 Wood Sr, Pon Collins, CO 80522, unless Otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Wbere manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution paint to destination, and excess freight will be deducml from Invoice when shipments me made from greater distance. Permits. Sella shall procure at sellers sale cost all accessary permits, ttnificam and licenses required by all applicable laws, regulations, ordlmncus a ndi moles of We store, municipality, territory or political subdivision where the work is performed, or mquimd by any other duly auctioned public authority having juri almow over the work of cannot Seller further agrees ro hold the City of Fan Collins harmless from and against all liability and 1. xurrW by them by reason of an asserted or established violation of any such laws, regulations, mdaanees, rules and requirements. Authoriration. All parties to this contract agree that the ramsenutives art, in fact, harm fide and possess full and complete authority to bind said parries. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and my supplementary or additional terms and conditions umexcd hereto or incorporated herein by reference. Any additional or different erms and conditions proposed by seller are objected to and hereby jetted. 2. DELIVERY. PLEASE ADVI5F PURCHASING AGENT immedimdy if you mount make complete shipmem m arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the pumhase order and the documents couched harm. No acts of the Purchasers including, without hush nd, acceptance ofpartiallate deliveries, shall operate as a waiver ofthis provision. In the event nfany 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 fro damages. However. the Seller shall oat be liable for damages as a me], of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without in fault ofnedigence, such acts of God, an ofavil or military authorities, governmental priorities, finis, strikes. Dodd epidemies, wars or dots Provided that notice of the conditions causing such delay is given to be Provinces within five (5) days of the ,into when the Seller first received knowledge theraf. In the an of my such decoy, the date of delivery shall be ex,aded fro be period equal to the time morally last by mean ofthe delay. 3. WARRANTY. The Seller warrants that all good, articles, raatenals and work covered by this order will anfmm with applicable drawings, spaifindmis, samples amV., ober descriptions given, will od fit for the p names intended, and performed with the highest degree of care and competence in accordance with accepted staMarJs for work of a similar nature. The Sella agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may sulTer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make gmsd, without cost an the mmeassm, any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance attic goods fmished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance Or ere of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except a otherwise provided in this purchase Order, the Sellers liability hereunder shall extend to all damages proximately arrived by the breach of any of the foregoing warranties or gmmntas, but such liability shall in no an include loss ofprofts or loss of tau. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. C CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal reuses by written change miler. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to be mans, other than legal terms, including additions on or deletions from the gmmdies arigirelly ordered in be specifications or drawings, by virtual or wrinen change order. If any such change alTats the amount due or be time ofperformmce hereunder, an equitable adjustment shall be made. u. TERMINATIONS. The Purchaser may at any time by wrinen change order, aromatic this agreement a to any or all godsons of the goods then not shipped, subject to any equitable adjustment between the ponies as to any 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 good and/or work, for incidental or consequential damages, and that no such adjustment no made in do, Or of the Seller with respect to any goods which are rim Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any oftheir obligations as to any good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he asserted within thirty (30) days from the date be change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Senor warrants but all good sold hereunder shall have ban produced, Sold, delivered and famished in stria compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and deliver such documents an nay be, required m en'ect or evidence compliance. All laws and regulation required in be ncorpammd in agreements of this character are hereby man,cmted head. by his reference. The Sella agrees to indemnify and hold be Purchaser harmless fiom all casts and darmagn suffered by be Purchases in is resin, of be Sellers failure to comply with such law. 9. ASSIGNMENT. Neither prey shall assign, monster, or convey this oadeq or my monies due or to become due hereunder without the prior corner comer of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted tide to the Purchaser for all equipment materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security commit areandanen and claims of others. ILNONWAIVER. Failure of be Purchaser to insist upon strict performance of the terms aM conditions hereof, failure or delay to m, rights or remedies provided herein or by law, failure or promptly modify the Seller in be event of a breach, the acceptance for pa vorn be %ands hera nda or approval.(ehe design, shall mot release the Seller of any .(,he wou tier or obligations of this purchase order and shall nut be dared is waiver of any right of the purchaser to insist upon strict performance haeofor any of its rights or remedies m to any such goods, regardless of when shipped, received or acceplN, as to any prior or a bsequma default hereunder, nor shall any puryoned am$ mo ficalion or rescission of this purchase order by the Purchaser Operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognise that in actual cc m e pmetice, overcharges resulting frum and., violations are in far, home by the Punimar. Thereof re, for goal wave and as consideration for maturing this purchase order. the Seller hereby origin to the Purchaser any and all claims it may now have or bomber acquired under federal or state antitrust laws for such overcharges totaling to the particular goods or services purchased or acquired by the Purchaser pmseant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser director the Seller to arrect nonconforming or defective goods by a data to be agreed upon by be Purchaser and the Sella, and be Seller fereafter modicum its inability or unwillingness ro comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and be Seller shall pay all costs associaled with such work. The Seller shall release be Purcomer and its contmtaore of any tier from all liability and claims of any nature mulling from be performamce ofsuch work. This talent shall apply even in be evenl of fault of negligence of the party released and shall extend to the directory, oRcers and employees ofsuch party. The Settees contractual indignation, including warranty, shall not M dared to W reduced, in any way, because such work is preformed or caused to be Performed by the Purchases. 14. PAT'ENTS. Whenever he Seller is required to use any design, device, material or process covered by letter, parent, trademark copyright, the Seller shall indemnify and save harmless the Purchaser front any and all claims for infringement by reason of the use of such patented design, device, material err preens in connection with the conduct, 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 prosecution or alter fire 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, be Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue ahtg said equipment or parts, replan the same with substantially equal but naninfdnging equipment or modify it so it becomes noninfind'ing. 15. INSOLVENCY. If the Seller shall become inwh an or barrimpt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of be Sellers propmy or business, this order may forthwith be, canceled by the Purchaser without liability. Its. GOVERNING LAW. The def nitionx of terms cud or the interpretation oftFe agreement and the rights ofall parries hereunder shall M construed under and governed by the laws afthe Stem of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the smices of Scllers Represenmow n), on the premise ofmhers. ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Selleh own risk until the same is fully complmed and accepted, and shall, in arse of any accident destruction or injury, to the work and/or materials before Settees final compleion and eceptanee, complete the work at Seller's owns expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, be Seller shall receive, unload, stem and handle same at be site and become responsible berefo, at though Such maerials mall., equipment were being famished by the Seller under the order. IS. INSURANCE, The Seller shall, at his own expense, provide for the payment of workers compensation, including Occupational disease beafin, to its employees employed on or in comb ctim with the work moment by Win purchase order, an&., la their depadents is accordance with be laws of the mute in which We work is to be done. The Seller Shall also can, exmprehensive general liability including, but not limited to, contudual and automobile public liability nex mace wica bodily injury and death limits of or least SJoo.tltnl for any one persona, $500t000 for any 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 be Sellers or his contractors employees shall do any work upon We premises of others, be Sella shall famish the Purchaser with a common, that such compensation and insurance have been provided. Such cmificmes shall specify be date when such compensation and insum.ce have been provided. Such certificates shall specify the dam when such compensation and Miami— expires. The Seller agrees but such compensation and insurance shall he maintained until mime the entire work is completed and accepted. 19. PRO] ECTION AGAINST ACCIDENTS AND DAMAGES. T he Seller hereby assumes the entire responsibility and liability for any and all damage. loss or injury nfany kind or nature whatsoever to persons or property caused by or resulting from the execution of be work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and empl.yas from and agaires, any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to parsons or property to which the Purchaser may be put or subject by reason of any act action, neglect omission or default an be Part of the Sena, any of his ammeters, Or any of fe Sol[. err contractors officers, agents .r employees. In case any suit or other proceedings shall be brought against be Pumhaur, or its officers, agents or employees at any now on Scrum or by mason of my mot action neglect omission or default of be Seller of my of has contractors or any of its or Weir officers, agents or employees as athresaid, the Seller hereby agrees to assume be defense thereof arW to defend the same at the Sellers own ealine, to pay any and all cones, clurgm stromeys fees and other expenses, any and all judgmean that may be iaarral by or obtained against the Paminger or my of in or fev officers, agents Or employees in such suits or other Proceedings, and in anon judgment or other lien be placed upon or obtained against Be property of the Purchaser, or Said duties in or a a mull of such suits or other proceedings, the Seller will at once cause be same ro be dissolved and discharged by giving bond or oferwise. The Seller and his contractors shall Like all safety precautions, famish and recall all gum& necessary for be prevention of accidents, comply with all laws and regulations with regard to may including, but without limitation, the Occupational Safety and Health Act of 1970 and all moles and regulations issued pursuant thereon. Revised 117Q014