HomeMy WebLinkAbout506266 V & S LANDSCAPING & SPRINKLER SYSTEM INC - PURCHASE ORDER - 9145692Fort Collins
Date: 10/01/2014
PURCHASE ORDER
Vendor: 506266
V & S LANDSCAPING & SPRINKLER SYSTEM INC
4564 ALDRIDGE RD
WELLINGTON CO 80549
PO Number Page
9145692 1of2
This number must appear
on all invoices, packing
sli i and labels.
Ship To: ENGINEERING DIVISION
CITY OF FORT COLLINS
281 N COLLEGE AVE
FORT COLLINS CO 80521
Delivery Date: 10/01/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
I Pedestrian Plan & ADA
WO #1-V&S400903700.6-14
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
1 LOT LS
12,938.00
Total $12,938.00
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
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of port Collins is exempt hour state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Cemlficam of Registry 84-6000587 is registered with the Collector of
mnerim Revenue, Denver, Colorado (Ref. Colorado Revised Stearns 1973. Chapter 39-26, 114 (a).
Good R jerted. GOODS REJECTED due a failure m men specifications, planar when shipped or due as defeds of
damage in tmmit, may be tamed to you for credit and are not to be replaced except upon receipt of mum.
instructions fmm the City clear Collins.
Inspection. GOODS are ar t m the City it Fom Collins inspection an arrival.
Final Acceptance. Receipt of the merchandise, survices or equipment in response to this order can result in
authorized payment on the part of the City of Fort Collins. However, it is to IN understood fat FINAL
ACCEPTANCE is dependent upon completion ofa11 applicable required inspection procedures.
Freight Teets. Shipments most be F.O.B., City of Fort Collins, 700 Wood SL, Fort Collins, CO 90522, unless
otherwise speci lied on this order. If permission is given m prepay freight and charge separately, the anginal Freight
bit l most accompany invoice. Additional charges for packing will cat be accepted.
Shipment Distance. Where reanufazmrers have distributing points in various pars of the country, shipment is
expected from the nearest distribution point to desrinstion, and excess freight will be deducted from Invoice when
shipments are made farm former distance.
Permits. Seller shall procure an sellers sole coal all necessary permits, cerificutes and licenses required by all
applicable laws, regulations, aidin:nmes and roles of the state, municipality, territory or political subdivision where
the work is performed, or required by :my other duly constituted public authority having jurisdiction over the weak
of vendor. Seller further agrees to hold the City of Fart Collins hamless farm and against all liability and lass
incurred by them by reason of an awned m established violation of any such laws, regulations, ordinances, miss
and rryuin menu.
Autharrom an. All parries no this comma agree Iran the migussentalives are, in Fact, bona fide and possess fall and
complete authority io bind said p.are,.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the temts and conditions stated
herein set forth and any supplementary, or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different a. and conditions purposed by seller vie objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you minor make complete shipment m arrive on your
promised delivery data as notedTimeis off, essence. Delivery and peformance, men be eRected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance of,mr.l Ire deliveries, shall operate as a waiver of this provision. In the event crony delay,
the purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable far damages as a result of delays
due to causes not easonably foreseeable which are beyond its reasonable central and without its fault of negligence,
such acts of Gad, acts ofeivil or military artificial governmental primaries, fires, strikes, flood, epidemics, wars or
riots Provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Sel let for received knowledge thereof. In the evert of any such delay, the date of delivery shall be
extended for the period equal to the time actually her by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, amides, materials and work tottered by this order will emblem with applicable
drawings, specifications, samples andtar other deuriptiom given, will be fit for the purposes intended, and
performed with the highest degree of cart and complacence in accoNance with incepted standard for work of a
similar nature. The Seller agrees to hold the purchaser harmless 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, repair or make
good, without cost to the purchaser, any defects or faults arising within one (1) 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 aRe, the date of
acceptance of the goad famished hereunder (acceptance not as be umensarably delayed), resulting fmm imperfect
or defective work done or materials famished by the Sdkr. Acceptance or use of goods by the Punhal shall nos
omtimte a waiver of any claim under this warranty. Except ns otherwise provided in this purchase coder, the Sellers
liability hereunder shall extend to all damages Proximately caused by the breach of any of the foregoing warmntics
or gaaamntem, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCI IA NTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANG FS IN LEGAL TERMS.
The Purchaser may, make changes to Icgal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the tcrem, other than legal corms, including additions to or deletions fmm
the quantities originally ordered in the specifications or drawings, by cmal or written change order. If any such
change affects the amount due or the time of performance heeunder, an equitable adjustment smnl I be made.
6. TERMINATIONS.
The Purchase, may at any tine, by women ding, order, marivato this agreement as m any or all portions of the
goods fen root shipped, subject 1. any equitable adjuammt herweeo the at. as io any, work or materials then in
progress provided that the Puahsscr shall not be liable for my claims for anticipated profits on the uncompleted
former of the goods larger work, for incidental or consequential damages, and that no such adjustment IN, made in
favor of the Seller with respect to any good which core the Sellers standard stock. No such teanilcoon small relieve
the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be managed within thirty (30) days fmm the date the change or acclamation is
ordered
B. COMPLIANCE WITH LAW.
The SdIr, warrants fat all ,,it, said hereunder shall have been produced, sold, delivered and famished in strict
o a,lunwe with all applicable laws and regulations to which the goods ore subject. The Seller shall execute and
deliver such documents an may be required 10 effect or evidence compliance. All laws and regulations required to be
ecorpomted in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify uaad hold the Purchases hatmless from all wsls and damages suffered by the Purcfer as a result of the
Sellers failure to comply warn such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior writen consent of the other party.
10. TITLE.
The Seller warrants full, clear and unrearricted tide to the Purchaser for all equipment, materials, and items f fished
in performance of this comment, free and clear of any and all liens, moterialam reservation, remain, interest
encumbrmces and claims of ofers.
11. NONWAIVER.
Failure of the Purchaseno insist upon stries performance l the terms and conditions hereof, failure or delay, 1r
exercise any lights or remedies pmvided herein or by law, failure to promptly reality the Seller in the event of a
breach, the aceettance ofm payment for goals hereunder or approval of the design, shall rot release am Seller of
any of the wattenties or obligations of Nis purchase order mail shall not be deemed a waiver of any right of the
purchaser to Four upon stain performance hereofor any of its rights or remedies as to any such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent default haeundeg nor shall my proclaimed
oral modification or mscissim of this purchase order by the Purchaser operate as a waiver of any of the tears
hereof.
12, ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actml immune plc nice, overcharges resulting firms antitrust
violations are in fact home by the Purchaser. Theretofore, for good cause and res consideration for executing this
purchase ordc, the Seller briefly assigns to the Purehater any and all claims it may new have or became,
acquired under federal or state antibrost laws for such overcharges relating to the particular goods or services
purchased or acquired by the Purchases pursuunl W fix purchase oiler.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to mrea nonconforming at dell tive, good by a date to be agreed upon by the
Postal and the Sella, and the Seller thereafer indirares its inability «unwillingness to comply. the Purchaser
rmy most the work to be performed by the most expeditions mean available to it, and the Seller shall pay all
casts assacimd with such work.
'I he Seller shall ,Jr.,rthe Purchaser and its contractors of any tier fmm all liability and claims of any nature
resulting fmm the performance ofsuch work.
This release shall apply even in the event of faun of v, igerrce of the pan, released and shall extend ro the
directors, omcers and employees ofsuch luny.
The Sellers cantraaual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required Io use any design, device, material or praess covered by letter, patent, trademark
or copyright, the Seller shall inderal and save harmless the Purchsser fmm any and all claims for infringement
by person of the use of such patented design, device, mmterial or process f connection will the contract, and
shall indemnify the Purchaser for any cost, expense or damage which it may he obliged to pay by reason ofsuch
infringement at any time during the prosecution or after the completion of the work. In case said equipment, or
any pan thereof or the intended use of the goods, is in such suit held is constioule infringement and the use of
said equipment or pan is enjoined, the Seller shall, as its own estimate and at its option, either procure for the
Fanciful the right to continue using said equipment or pans, replace the same with substantially equal but
manufacturing ufringing equipment, or modify it so it becomes naninGnging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankmpt, make an assignment for the benefit of creditors, appoint a
receiver or trusme for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions arm. used or the interpretation of the agreement lied the art of all Pal. hereunder shill be
omma ed under aid govemcd by the laws ofthe Stale of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is W perform work hereunder,
including the suckers of Sellers Representarive(s), on the premises of others.
I]. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall,
in case of any accident, destruction or injury 0 the work and/or msreca6 before Sellers fund completion and
acceptance, complete the wart: at Sellers own expense and to the satisfaction of the Purchases. When materials
and equipment are f isbed by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle same at the site and become responsible drencher m though such totaliak and/or equipment
were being furnished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the Payment of workers compensation, including occuWtioml
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
i n l 10 their dependents in accordance with the laws of the spite in whicb the work is to be done. The Seller
shall also curry, comprehensive general liability including, but not limited In contractual and automobile public
liability insurance with bodily injury and deaf limits of at least E300,000 for any one person, $500,000 for any
one ecrident and property damage limit per accident of $400,000. Tire Seller shall likewise require his
if any, to provide for inch camr,arealion and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premises of offers, the Seller stall famish the Purchaes wit a certificate
that such compensation and wourrance have been provided. Such certificates shall specify the date when such
compensation and insurance have been pmvided. Such certificates shall specify the date when such compensation
and insurance expires. The Seller agrees that such compenation and measure shall be uni nsined until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
Ile Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind
or nature whatsoever to persons or property caused by or resulting fmm the execution of the work provided for in
this purchase oNer we in cmmction herewith. The Seller will indemnify and hold harmless the Purcbnser and any
r all of the Purchasers oRcers, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or inducer, and whether to persons or primary to which the Purchaser may
be put or subject by reason of any act, action, neglect, omission or default on the par of the Seller, my of his
oniraclors, or any of the Sellers or countograms oRttrs, agents or employees. In ruse any stir or other
proceedings shall be brought against the Purchase, or its officers, agents or employees at any time on account or
by mason of my rat, action, reflect, omission or default of the Seller of my of his contractors or any of is or
their officers, agents or employees as afomsaid, the Seller hereby agrees to assume the defense thereof and or
defend the same at the Sellers own expense, to pay my and all costs, charges, attorneys fees anal other expenses,
my and all judg isms that nary he incurred by nor abound against die Purchaser or my of is or their oRcers,
agents or employees in such suis or other proceedings, and in case judgment Or other lam be placed upon or
obtained against the property, of the Purehma, or said parties in or as a result of such suits or other proceedings,
the Seller will at once cause the same to be dissolved and dischmged by giving bond or otherwise. Ile Seller and
his contractors shall take all safety precautions, furnish and insmll all guards necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including but without limiation, the
Competition] Safety and Health Act of 1970 and all rules and regulations isued pursumt thereto.
Revised 072o14