HomeMy WebLinkAbout506266 V & S LANDSCAPING & SPRINKLER SYSTEM INC - PURCHASE ORDER - 9143744 (2)PO
PURCHASE ORDER 914374er Page
City of PURCHASE
43744 ' of s
' `t Collins( hisnumber must appear
` v 1 1�7 on all invoices, packing
sli s and labels.
Date: 10/15/2014
Vendor: 506266 Ship To: PARK MAINTENANCE
V & S LANDSCAPING & SPRINKLER SYSTEM INC CITY OF FORT COLLINS
4564 ALDRIDGE RD 413 S BRYAN
WELLINGTON CO 80549 FORT COLLINS CO 80521
Delivery Date: 07/01/2014 Buver: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
4 change order 1
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 EA
Total
Pay terms net 30 days
Invoice Address:
iBI:111.YO
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. By statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84.60o4)587 is registered with the Collector of
Interval Revenue, Denver, Colorado (Ref. Colorado Revised Sestuvs 1973, (banner 39-26,114 (a).
Goods Rejected. GOODS REJECTED due to failure to mat specifications, either when shipped or due on defects of
damage in tarmiq may be Orton- to you for credit sad arc not to be replaced except upon receipt of women
instructions from the City of Fon Collins.
Inspection. GOODS a= subjecuo the City of Fon Collins inspection on anival.
Firal Acceptance. Receipt of the merchandise, services or equipment in response to this under can result in
authorized payment on the pan of the City of Fact Collins. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight Terns. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Pan Cullom, CO 80522, unless
Otherwix specified on this order. If permission is given m prepay freight and charge separately, the original freight
bill mod accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have dieaibuting points in various pans of the country, shipment is
expectul from the nearest distribution point to destination, and excess freight will be deducted from Invoice when
shipments are made from greater distance.
Permits. Seller shall procure at sellers sale curt all necessary ami.. certificates and licenses required by all
.,liable laws, regulations, adinancam and roles of the state, municiethey, wr imry or political subdivision where
the work is performed, or inquirer by any other duly ronstimted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fort Collins Immure. form and against all liability and loss
etantied by them by reason of an aerted or established violation of any such laws, regulations, ordinances, roles
ssrequirements.
AutMrization. All parties to this mntrou time that the representatives are, in fact bona fide and possess full and
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stat-
herein set Ranh and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional Or different terms and conditions proposed by cello are objected la and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to artier on your
promised delivery clue m noted. Time is of the essentt. Delivery and pvrforn— most be effected within the time
star- on the purchase order and the decontrols mtadoOd halt.. No acts of the producers including, without
Inundation. acceptance of partial late dclivma, shall operate as a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equimble marralies, the option of,licid, this older elsrodo re
and holding the Seller liable Our damages. However, the Seller shall nor be liable for damages as a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control anal without its fault of negligence,
such acts of G-, acts ofcivil or military nothorilis, governmental pricaumt,f s, strikes, flood, epidemics, wars or
nots provided that notice of the conditions musing such delay is given to the Purchaser within five (5) days of the
time when the Seller find received lo owledge that In the event of any such delay, the date of delivery shall be
extended for plead .,all to the time acbally lost by rust. ofthe delay.
3. WARRANTY.
The Sella warrants Nat all goats, articles, materials and work covered by this order will conform with applicable
drawings, specificamrss, samples and/or other descriptions given, will W fit for the purposes imended, and
performed with the highest degree of care and competence in accordance wish accepted sanded for work of a
similar nature. The Seller agrees to hold the porchaur handless 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
Round, without cost to the purchase, any defects or faults arising within one (1) year or within such longer period of
time as maybe presented by law or by the terms of any applicable wanenty provided by the Seller after the date of
acceptance of the goof fumuh- hereunder (xceptane not to be umasotably delayrd), resulting fiom normal
or defective work done ar materials grant by the Seller Acceptaae or use of goods by the Purchaser shall not
omtimte a waiver of any claim under this warranty. Except ns otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranlies
Or gdanduces, but such liability shall in tat event include loss Of,mfirs or lass of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALT. APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal tams by written change order
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser cony make any changes to the terns, other than legal terms, including additions to or delcurns from
the quantities originally ordered in the specifications or drawings, by verbal or written change order. I any such
change affects the amount due or the time ofperfoemaae hereuaker, an equiabla adjustment shall M made.
6. TERMINATIONS.
The Purchaser may at any time by avrinm change order, terminate this agreement as to any or all portions of the
goods then or shipped, subject In any equitable adjustment between the parties as to any work or materials then in
progress provided that the Pmehasu shall not be liable for any claims for anlir,rald profits on roe uncompleted
portion of the goods andor work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect many good which are the Sellers amakald stock. No such termination shall relieve
the Purchaser or the Sella army oftheir obligations as m any goad delivered hereunder.
t. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the date the change or lamination is
ordered.
S. COMPLIANCE WITH LAW,
The Sella warrnme, that all goods sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all a,liable laws Our regulation m which the good ae subject. The Sella shall exear, and
deliver such documents as may be, required to effect or evidence compliance. All laws and regulation required on be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmles from all casts and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, transfer, or remxy this out or any monies due or to become due hereunder without the
prior written consent of the other party.
10. TITLE.
The Seller wardwas full, clear and unrestricted tide m the Purchaser for all equipment materials, end items famished
in performance of this agreement fire and crew of my and all licle, mmerslom, reservations, security interest
mcumbmnces and claims crudites.
11. NONWAIVER.
Failure of the Proilecom to insist upon strict performance of the temss and conditions hereof, failure or delay to
... mine
any lights edies provided herein or by law, failure to promptly rmtify the Seller in the event of a
breach, Or rem
the armors ce arm payment for goods hereunder at approval of the design, shall not=lease the Seller of
any of the coronaries in obligations of this purchase order and shall not be demoted a waiver of any light of the
Purchaser to insist upon strict performance handful any or its lights or remedies as to any such goods, regardless
or when shipped, received or accepted, ns to any prior or subsequent default hercurader, nor shall any conflicted
oral modification or racission of this purchase older by the Purchaser operate as a waiver of any of the omu
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in acwl economic practice, overcharges resulting from anrirrust
violations are in not home by the Purchaser. national. for good cause and as consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
acquired under federal or sure antilmm laws for such overcharges relating to the particular goads or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming in defective good by a dam to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser
may cause the work ,, be performed by the matt expailow, means available to n, and the Seller shall pay all
cosu associated with such work.
The Seller shall release the Purchaser end ins conracars of any tier from all liability aak claims of any tam=
resulting from the parforntance of such work.
This release shall apply even in the event of fault of negligence of the puny released and shall extend to the
directors, officers and employees orsuch patty.
The Sellers contractual obligations, including warranty, shall .1 be deemed to be reduced, in any way, b rstue
such work is performed or warted a be performed by the Purchaser.
14, PATENTS.
Whenever the Seller is required m use may design, device, material or process covered by lever, patent, trademark
or copyright, the Sel let shall indemnify and save harmless the Purchaser from any and all claims far infringement
by =anon of the we of such patented design, device, material or process in connection with the contract, and
shall indemnify the Purchaser for any cost. expanse or damage which it may be obliged to pay by mason of such
infringement at any liar during the prosecmion or after dte completion of the work. In case said equipment, or
any pan therm( or the intended use or the goods, is in such suit held to constitute infringement and the use of
said equipment or pen is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right in continue using said equipment Or parts, replace the same with substantially equal but
nonin ringim, equipment, or modify it so it becomes mninfringing.
15. INSOLVENCY.
If the Seller sbull become insolvent or bankrupt, make an assignment for the th nefir of creditors, appoint is
receiver or brume for any of the Sellers property or business, this older may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions ofterme us-m the intepretaticn ofNe agreement and the rights of all parties hereunder shall be
deader -maker and gme nal by the laws ofNe State ofCabmdo, USA.
The following Additional Condition apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Representativad, on the premises afothers.
17. SELLERS RESPONSIBILITY.
The Sella shall arty on said work at Sellers own risk until the same is fully completed and arc@ted, and shall,
in use of any accident dratmetion or injury to the work valor materials bet Sellers final completion and
acceptance, complete the work at Sellers own expense and to the smisfatim of the Ra=hua. -Ten materials
and equipment are famished by others for installation or erection by the Seller, the Sella shall receive, unload,
steel and handle same at the sale and become responsible therefor ns though such materials and/or equipment
were being famished by the Sella under the order.
18. INSURANCE.
The Sella shall, at his own expend, provide fro the WMan of workers compensatioq including eccupatimal
disease benefits, to its employees employed on or in connection with the work covered by this pnmhase order.
aallor on their dependents in accordance with the laws of the stem m which the work is to be done. The Sella
shall also carry, comprehensive general liability including, but not limit- no, mntramual and ma omobile public
liabil it, insurance with bodily injury and death limits of a1 least $300,000 for any one p,,,a., $500,000 for any
me accident anJ popery damage limit per accident of $400,001). The Sella shall likewise require his
commands, if any, m provide far such compensation. and iauranee. Before any of dal Sellers or his cantrators
employees shall do any work apon ter premises of others, the Seller atoll f ish the Purchaser wish a certifies=
that such compensation and assurance have been provided. Such eenifirims shall speriry the date when such
compensation and insurance have been provided. Such cenlficmes shall specify the date when such eompmsati in
end insurance expires. The Seller vt her such compensation and insurance shall be maintained until after the
ratio. work is completed and ansc ded.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby componew the entire responrsibiliry and liability for any and all damage, loss or injury army kind
or cam= whatsaver to persons or price ny caused by or resulting from the execution ofthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
r all Of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges or expends, whether direct or indirect, and whether to persons or property m which the Purchaser may
be put or subject by reason of any act action, neglect, omission or default on the pet of the Seller, any of his
contractors, or any of the Sellers or contractors nRcers, agents or employees. In dose any suit or other
pratedings shall be brought against the Purchaser, or its often, agents in employees at my time on account or
by reason of any act, action, neglmt omission or default of the Sella of any of his contactors or any of its or
their Officers, agents or employas m aforesaid, the Sella hereby agrees to assume the defense thereof and to
defend the same at the Sellers Own expaue, lot pay any and all costs, charges, minmeys fees 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 saw in other proceedings, and th case judgmut or other two be placed upon or
Obtained another the properly of the Purchssa, or said parties in or m a result of such suits or other proceedings,
the Seller will at once clod the same to I : dissolved anal discharged by giving Food or otherwise. The Sella and
his evntraaors shall take all safety precautions, famish and must all goads necessary for the prevention of
accidents, comply with all laws and regulations with rcgnnd to safety including, but without Rumanian, the
Occupational Safety and Health Act of 1970 and all now and regulatioa issued pursuant thereto.
Revised 0712014