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HomeMy WebLinkAbout506266 V & S LANDSCAPING & SPRINKLER SYSTEM INC - PURCHASE ORDER - 9143744PO PURCHASE ORDER 914374er Page City. of3744 1 of z ' `tCollins( This number must appear �I ` on all invoices, packing sli i and labels. Date: 07/02/2014 Vendor: 506266 Ship To: PARK MAINTENANCE V & S LANDSCAPING & SPRINKLER SYSTEM INC CITY OF FORT COLLINS 2458 W 44TH ST 413 S BRYAN LOVELAND CO 80538 FORT COLLINS CO 80521 Delivery Date: 07/01/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Renovation Oak/ College 1 LOT LS 31,319.75 College/Mulberry Medians PER TERMS AND CONDITIONS OF BID 7634 AND CONTRACT DATED 6-26-14 2 Renovation WHorsetooth Medians 1 LOT LS 210,579.15 3 Renovation Laurel/College 1 LOT LS 11,275.75 Median 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: 174.65 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tu anticipations. By moment, Ciry airport Collins is aempt fmsbmmal local tun. Our Exemption Number a II.NONWAIVER. 994X502. Fedml Excise Tex Exemption Certificate of Registry 84-6000587 u mlistertd with the Collector of Failure of the Pumhsser to insist upon strict Panamanian of the term and conditions hveo4 failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). sammus my rights or counties Provided harem or by law, feRent to Promptly mtiy, the Seiler in the event of a breach, on, acceptance ofor payment for goads hereunder or approval ofthe range, shall not rtlease fe Seller of Goods Rejected. GOODS REIECTED due to failure in meet specifications, tither when shipped or due in defects of any of the warrenfrs or obligations of this purchase order and shall not be demand a waiver of my right of the damage in tavi4 may be rebhned to you for credit and are not to has replaced material upon receipt of written purchaser to insist upon shier perfomantt hereofor any of its rights or remedies an to my such goad, regardless instructions from fie Ciry of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puritanical amid modification or rescission of this purchase order by the Purchaser operate as a waiver of any of die term Inspection. GOODS are subject 0 the City of Fort Collins inspection an arrival, herxvf. Final Athapascan. Receipt of the merchandise, services or equipment in response to this order can result N 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on $e pan of the City of Fan Collins. However, it is to be understood that FINAL Seller and the Purchaser recognise that in mmal economic Procter, overcharges resulting from tradition ACCEPTANCE is dependent upon completion of all applicable required imp amn prancedurts. violations are in fact home by the Purchaser. Theretafore, for good cause and a conside arion for executing this Purchase order, the Seller hereby ssrigns to be Purchaser any and all claim it may now have or hereafter Freight Trans. Shipments must be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522. unless acquired under federal or able antitrust rats for such overchargen relating to the particular goods or services otherwise specified on this order Ifpemiseion is given to prepay freight and thing, separately, the original freight purchased or wquimal by the Purchaser prrssant to Nis Purchase order. bill most socompany invoice. Additional charge for parking will ant be scanted 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where mambomers have distributing points in various parts of the country, shipment is IfNc Purthnser diacts the Seller m attract nonconforming or defective goods by a date to h agreed upon by the extracted fmm fe nearest distribution point to destination, and excess fight will h belittled from Invoice when Purchaser end the Seller, and the Seller thereafter indicates its mobility or unwillingness to comply, the Purchaser shipments are made from greater dolam e. may cause be work to be perfomed by the most upeditious means available to it, and fire Seller shall pay all cob, sustained with such work. remains. Seller shall procure at inters sole cost all necessary permits, certificate and liters. required by all applicable laws, regulations, ordinances and toles of the state, municipality, territory or political subdivision where the work is performed, or required by any be, duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collin hornless from and against all liability and loss incurred by them by reason of an assured or established violation of any such lases, regulations, ordinances, rules and regniremenb. Authorization. All patties 0 Nis contract agree that the a,m umatives ore, in fact, bona fide and possess full and eo i,lem authority to band said parties. LIMITATION OF TERMS. This Portiere Order expressly limits acceptance to the arm and conditions stated herein set forth and any supplementary or additional term and conditions amexed hereto or incorporated hmin by referents. Any additional or diRerent tam¢ and conditions proposed by seller ere objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you .mot mike complete shipment to arrive oa your Promised delivery dab as noted. Time is of the essence. Delivery mail Minimum ..at h effected within the rime stated on the purchase order and thc documents attached Imrdo. No acts of die Purchasers including, without limitation, acceptance ofpani it late deliveries, shall opeaa. n waiver of this 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 cluwhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its re rmusta , control end without its faun of negligence, such acts of God, acts ofcivil or military unlimber, governmental priorities, fires, strikes, food, epidemics, wars or rills 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, be time of delivery shall be extended fat fie period equal to the time actually lost by reason of be delay. 3. WARRANTY. The Seller warrants that all good, entities, mtedals end work covered by this order will conform with applicable drawings, specfirations, semplas and/or other description, given, will be fit for the puryasm intended, and perforated wilt fie highest degree of urn and competence in accordance with accepted standards for work of a similar rtamrc. Tha Seller agrees to hold the Purolator harmless from my lass, damage or expense which the Purchmen may suffer or incur an account of the Sellers bleach of wemnty. The Sella shall replace, repair or make goad, without cost to fe purchaser, my defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by fie tents of any applicable warranty provided by the Seller after the data of recapture of the good finished hereunder (acceptance net to be unreamnably delayed), resulting from imparfect or detective work done or materials finished by the Seller. Acceptance or use of goods by the Purchmer shall cat institute a waiver of any claim under this wormny. Except as otherwise provided in this purchase order, the Sellers liability hmcunder shall latent to all damages proximately caused by be breach of any of the foregoing waramies ar guarantors, but such liability shall in no evens include lass of profits or loss of me, NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES TN LEGAL TERMS. The Purchaser may make changes in legal tram by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to be lama, other than legal team, including additions to or deletions fmm on, quantities originally rNemd in the specification or drowfgs, by veNal or written change order. If any such change affects the amount due orhe time ofperfomanee hereunder, an cgciaable adjustment shall be nude. 6. TERMINATIONS. The Purchaser may at any time by written change order, laminate this agreement a to any or all portions of the goods than not shipped, subject to any equiable adjustment batwee t the parties as to any work or materials then in progress provided that doe Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or conscVantial damages, and that no such adjustment be made in favor of the Seller will, espectto any goods which are the Sellers standard stock. No such mminalion shall relieve the Purchaser or the Seller ofany of their obligations as to any good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for ndjustnreat must be asserted within thirty (30) days from the data the clung, or termination is ordered. S. COMPLIANCE WITH LAW. The Seller wamnls that all goods sold hereunder shall have been produced, sold, delivered and bandstand is strict compliance with all applicable laws and regulation to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to h incorporated in agreements of Nis character ere hereby incurpomm l herein by this reference. The Shcer agrees m indemnify and hold the P rromear hamlas from all toss and damages suffered by the Purchaser an a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, mnsfeq or convey Nis under, or any monies due or to become due lamunder without the prior written consent of be other party. 10. TITLE. The Seller warrants bill, clear and mu.mand title to the Purchaser for all equipment, mteriab, and itemf 'sfied in perfammce of this agreement, fire and clear of my and all liens, armclioru, resmetioan, security inremt encumbrances and claims of ofcrs. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any rbme resulting from fe performance of..h walk. This release shall apply even in the event of fault of,i,l ignore of the any released and shall extend to the directors, officer and employees ofsuch party. The Sellers coatmctual obligations, including womanly, shall not h deemed to be reduced, in any way, because such work is nalum ed or caused to be parliarred by fie Purchases. 14. PATENTS. Whenever be Seller is retuned to use my design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and rave hamless the Purchaser from any and ell claim for infringement by reason of the use of ouch pommod design, device, material or press in comec icn with be contact, and shall indemnify the Purchaser for any cos, expense or damage which it my b, obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said atuipmem, ar ony part beer( or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, fe Seller shall, at its owls expense and at its option, either procure for the Purchaser the right to continue using said economical or parts, replace the same with substantially equal but norinfringing equipment, or modify it so it becomes mainfringing. 15. INSOLVENCY. If be Seller shall became insolvent or bankrupt, make an assignment for Ne benefit of creditors, appoint a receiver or trustee for any of be Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definidmss ofit. used or the inbrpletafion aftha agreement end the rights ofml Fear. hereunder shall b, command under and govmed by the laws of the Stare ofColoredo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including Ne services of Sellers Represermative(s), m be prmises ofathers. 17. SELLERS RESPONSIBILITY. The Sella shall carry an said work at Sellers awn risk until the same is illy completed and accepted, and shall, in of my accident, destruction or injury to the final work arbor materials before Sellers completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchwer. When materials and equipment arc Finished by others for installation or eenion by the Sells, the Seller shall receive, unload, store and handle same at the site and become imputable therefor as though such materials and/or equipment went being fmblard by the Seller order be order. 18. INSURANCE The Seller shall, at his own expense, provide for the payment of workers camprnsmiou, including rccupnfnal disease benefits, to its employes employed on in in connection with the walk coverts by Nis puahau order, and/or to their dependents in accordance with the laws of fie state in which be work is to be done. The Seller shall also ratty compahemive grmml liability includin& but not limited in, continental and automobile public liability insurance with bodily injury and death limits of at least S300,00o for any one person, $500.000 for any arm ecidnt and pmpmy damage limit per accident of S400,000. The Seller shall likewise sectors his onmctors, if any, to provide for such reincarnation and insurance. Before any of the Sellers or his ronmetan employees shall do my work upon the premises of others, be Seller shall thrush Ne Purchaser with a cerrificme that such compensation and insurance have been provided. Such ecnifimms shall specify the time when such compensation and insurance have been provided. Such ceeifimt. shall specify the data when sod,cmaparmtim. and insurance expires. The Seller agrees that 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 sums Ne entire responsibility and liability for any end all damage, loss or injury oFany kind or nature whatsoever to persons or property caused by or resulting horn fie execution ofthe work provided far in this purchase order or in connection herewith. The Seiler will indemnify and bold hamlas be Purchaser and any r all of be Porchaers oMae.. agents end employees from ad egaiml any end all claims, losses, dari in or expense, whether direct or indirect, and whether to persons or property to which the Parliament may be put or subject by reamn of my act crtioa neglect, omission or default on the part of be Seller, my of his contractors, or my of the Seller or contractors offimrs, agents or employes. In ame any suit or other proceedings shall the brought against the Purchaser, at its officers, agents or employees at my time on account or by mason of my act action, neglect, omission or default of be Seller of any of his carbactors or any of its or their ofcars, agents or employees as afrreasid, the Seller herby agrees to .sums, the defense thereof and to defend the same at the Sellers own expense, to pay any and all arms, charges, attorneys fins and other expenses, my and all judgments that may be incurred by or obtained against $e Purch.er or any of is 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 fie property of the Piratical, or said patties in or as a result of such suits or other proceedings, the Seller will at area cause des same to be dissolved and discharged by giving bond or otherwise. The Seller and his emtmctors shall Mks all safety pricnotiras, famish and install ml Stands necsnry for on, prevention of reddens, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 end ell rules and regulariom issued pursuant Hereto. Revised 0342010