HomeMy WebLinkAbout119908 EVERGREEN LANDSCAPE & SPRINKLER CO - PURCHASE ORDER - 9145501Fort Collins
Date: 09/24/2014
PURCHASE ORDER
PO Number Page
9145501 loft
This number must appear
on all invoices, packing
sli s and labels.
Vendor: 119908
Ship To: ENGINEERING DIVISION
EVERGREEN LANDSCAPE & SPRINKLER CO
CITY OF FORT COLLINS
PO BOX 2146
281 N COLLEGE AVE
FORT COLLINS CO 80522-2146
FORT COLLINS CO 80521
Delivery Date: 09/22/2014 Buyer: JOHN STEPHEN
Note
Line Description Quantity UOM Unit Price Extended
Ordered Price
KechterTimberline Intersection 1 LOT LS 5,925.00
Landscape Repair
Irrigation installation & repairs along Willow Springs HOA on Kechter.
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
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 exemp imaY fly suamte the City of Fort Collins is exempt from stare and local razes. Our Exemption Number is
I L NON WANER.
%004502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is Minimal with the Collector of
Failure of the Purchaser in insist upon strict performance of the terms and conditions hereof, failure or delay to
linemal Revenue, Denver, Colorado (Ref. Colorado Revised Soam¢a 1993, Chapter 39-26. 114 (a).
exercise any rights or remedies provided herein Or by law, failure to promptly notify the Seller in the event of a
breach, the mcepance of or payment for goods hereunder or approval of the design, shall not release the Seller of
Good Finland, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defect of
any of drc warranties or obligations of this purchase order and shall Out be deemed a waiver of any right of the
damage in transit, may Im mounted to you for credit and are not to be, replaced except upon receipt of written
Pardoner to insist upon spin Performance hamfor any of its rights or remedies as to any such goods, munrdless
instructions from the City of Fart Collins.
of when shipped, received or naeptd, as m any an., or nbsequent default hereunder, nor shall any purported
am[ modification or rescission of this purchau order by the Prochuer operate as a waiver of any of the terms
Inspection. GOODS are subject to the City of Fort Collins irspeetioo on armeal.
hereof.
Final Acceptance. Receipt of the mrrehnJise, services or equipment in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized paymenl on the pon of the City of Fort Collins. However, it is to be understood that FINAL
Seller and the Purchaser recognize that an actual economic practice, overcharge resulting from antio-ust
ACCEPTANCE is dependent upon conaler—ofall applicable fequiad inspection pmcedum.
violations ere in fact home by the Purchaser. Thetemfotefogood cause and as cumulation for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Tarots. Shipments must be F.O.D., City of Fart Collins, 200 Wood St., Pon Collins, CO 80522. -class
acquired under Wall or sate antitrust laws for such overcharges relating to the particular goods or services
othmwise specified on this order. If permission is given m prepay, freight and cbxrge separately, the original freight
purchased or acquired by thC Purchaser pursuant to this purchase order.
bill most accompany invoice. Additional charges for packing will not be accepted.
Shipment D¢t rime. Where manufacturers have distributing paints in various from of the country, shipment is
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when
shipments are made from greater donator.
Permits. Seller shall procure at sellers sole cost all necessary pennies, certificates and licenses squired by all
applicable laws, regulation, ordinnces and rules of the sale, municipality, territory, or Political subdivision where
the work is perfomed, or required by any other duly constitmed public authority having jurisdiction over the work
of vador. Seller former agrees to held the City of Fort Collins harmless from and against all liability and loss
incurred by them by mason of an assrr ed or ambletand violation of say such laws, regulations, ordironces, roles
and mquirarens.
Aul ssication. All parties to this contract agree that the representatives are, in fact, bon fide and possess full and
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits arcepmnce in the terns and conditions stated
herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or differenuerms and condition proposed by seller are objected to and hereby jetted.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately it you cannot make complete shipment to amuse on your
promised delivery date as arts. Time is of the essenY_ Delivery and performance must be abated within the time
stated on the purchase order and the documents enriched hereto. No acts of the Purchasers including, without
limitation, acceptance of partial late deliveries, ,ball operate as a waiver of this provision. In the event Of any delay,
the Purchaser shall fens, in addition to the, legal and equitable remedies, the option of pacing this order elsewhere
and holding the Seller liable for damages. Howneq the Seller shall toe be liable for damages as a resell of delays
due to causes not mannbly foreseeable which am beyond Its reasonable control and without its fault ofnegligence,
such acts of God, nets of civil or military authorities, gmormicand pairlines, real, strikes, Oral, epidemics, wars or
rims provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller fiat received knowld, thereof. In the event of any such delay, the date Of delivery shall be
extended or the period equal m the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will common with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes :mended, and
performed with use highest degree of care and competence or accordance with accepts standard for work of a
similar nature- The Seller agrees m hold the purchaser hmmless from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, raps it o, make
good, without cost to the purchaun any defcts or faults arising within one (I) year or within such longer period of
time as may be, prescribed by law or by the terns of my applicable warranty provided by the Seller after the date of
acceptance of the good famished hereunder (aeceplmee not to be, unreasonably delays), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance a use of good by the Purchaser shall not
constitute a waiver ofaoy claim under this warranty. Except as otherwise provided in this purchase oMe,, rue Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wammlies
or gnranmcs, but such liability shall in no event include loss ofpmfits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FIT NESS 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 terms, including additions to or deletions form
dw quantities aMur,tly ordered in the apeci0ciamn, err drawings, by verbal or written dr-, arda If any ouch
changr a0'ecs Ne amount due or the time of performance herrin den, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may al any time by written change Order, terminate this agreement as 1. any or ell portions of the
good then not shipped, subject m any equitable influential between rue parties as to any work or materials then an
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the goods nndbr work, for incidents l Or consequential dannages, and that no such adjustment be made in
favor of the Seller with respect to any good which —rue Sellers standard stock. No such mendratiun shall relieve
the purchaser or the Seller of any oftheir obligations a to any goods delivered hereunder.
). CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be awned within thirty (30) days from the date the change or lamination is
ordered.
8. COMPLIANCE WITH LAW.
The Sell., warrants flat all goods said hereunder shall have been prduced sold, delivered and Families] in mrin
compliance with all applicable laws and regulations to which he goods art subject The Seller shall execute and
deliver such documents as may be required to effector evidence compliance. All laws and regulations required m be
ncorpomted in agreements of this character nor hereby Incorporated herein by this reference. The Sella agrees to
indemnify and hold the p,museser From. fmm all rusts and dumag. suffred by fed Purchaser as a mutt of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither perry shall assign, lmnsfq or convey this Order, or any monies due or to become due hereunder without the
peso, written conent of the other party.
10. TITLE.
The Sella warrants full, clear and unrestricted tide to the Purchaser for all raimpmnt materials, and items furnished
in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims af.drav
13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a dale to W agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inbiliry or unwillingness to comply, the Purchum
may cause the work to be performed by the most expeditions musts available to it, and the Seller :hall any all
costs us irimai with such work.
The Seller shall release the Purchaser and its contractors of any tier from 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 only relmssd and shall extend to the
directors, officers and employees of such party.
The Sillds command obligations, including warranty, shall not be, deemed to be, reduced, in any way, because
such work is performs or caused to be, performed by the Purebrom.
14. PATENTS.
Whenever the Seller is required m use any design, drake, material or pores, covered by loner, proem, trademark
or copyright, the Seller shall indemnify and save harmless the purchaser fora any and all claims for iuGngement
by reason of the use Of such pat -tail design, device, material or process in cormeUicn with the contract, 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 pm,mutien or after the completion of the weak. In rase said equipment, or
any pan f amf or the intended use of the goods, is in such .it held to constiom infringement and the use of
said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaur the right to continue using said equipment or fors, replace the same with substantially equal but
noniefnging equipment, or modify it we it becomes comminuting.
15. INSOLVENCY.
If the Seller shall became insolvent or baNmpt. make an assignment for fe benefit of Creditors, appoint a
receiver or comme for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16, GOVERNING LAW.
The definilions offerors -sd or the interpretation of the agreement and he rights ofall patties hereunder shall be
ransomed under and go amend by the laws of the Sate OfCclocado, USA.
The following Additional Conditions apply only in cases where the Seiler is to perform work hereunder,
including the services Of Sellers Representative(s), on the premises of others.
IT. SELLERS RESPONSIBILITY.
The Sella shall any on said work at Sellers own risk until the same is fully completed and accepted, and shall,
in se of any accident, daunilion or injury to the work and/or contends before Seller's final completion and
acceptance, complen the work at Seller's own expense and in the satisfaction of the Paahaur. When materials
and miumiem art famished by others for indallmion or esclion by the Seller, the Sella shall sceive, -load,
store and handle same at the site and France responsible therefor as though such materials amVor equipment
were being f caushs by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
maker to their dependents in accordance with rue laws of the sate in which the work is to be done. The Seller t
shall also carry comprehensive general liability including, but not limited in, contmcmal and-tomobile public
liubiln, Insurance with haply injury and death Ilmhs of at least $3r1o,OW for any one person, S500,000 for my,
one accident and properly damage limit Per accident of S400,0010. The Seller shall likewise require his
if any, to Provide for such compensation and insurance Before any of the Sellers or his contmcors
employers shall do any work upon the premise, of others, the Seller shall famish the Purchase, with a aertificale
that such compensation and insurance have ban provider. Such certificates shall specify the date when such
compensation andinsurance have been provided. Such certificates shall specify the date when such compensation
and insurance expires. Thc Seller agrees that such cooperation and insur—ce shall be maintained until after the
entire work is completed and ucceFred.
19. PROTECTION AGAINSTACCIDENTS AND DAMAGES.
The Seller hereby assumes the entice resWrsibiloy and liability for any and all damage, losa or injury of any kind
or nature whatsoever to persons Or property caused by or resulting from the execution rl'the work provided far in
this purchase order or in connection herewith. The Seller will indemnify and hold hmmless the Purchaser and any
or all of the Ouchasers oRcas, agents and employees from and against try and all claims, losses, damages,
charges or expensra. whether direct or indirect, and whether to persons or properly to which the Purchaser may,
to, put or subject by reason of any net, anion, ncglea, omission or default on the part of the Seller, any of his
contractors, or try of the Sellers or contractors officers, agents or employees. In case my suit or other
pmcedings shall be brought against the Purchaser, or its of rem, agents or employees at any lime on account or
by reason of any era, action, neglect, omission or default of the Seller Of my of his contmemn or any of its Or
their i icrn, agents or employees as ofresaid, the Seller hereby agrers to aoume the defense theater arm to
defend the same at the Sellers own expense, an pay any and all costs, charges, allmaysi fees and other rxpenses,
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
obtaivud against the propery of the Purchaser, or said ponies in or as a result ofsuch suits or other proceedings,
the Seller will at once apes¢ the same to be d,ssobed and discharged by giving bond or otherwise. The Seller and
his contactors shall Like all safety precautions, Finnish and install all pounds necessary for the prevention of
accidents, comply with all laws and regulation with regafd to safety, including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant m rem.
Revised 07R014