HomeMy WebLinkAbout506266 V & S LANDSCAPING & SPRINKLER SYSTEM INC - PURCHASE ORDER - 9146802PURCHASE ORDER PO Number Page
City of PURCHASE
9146802 1012
Flirt Collins
lins This number must appear
',-\V`I V ` 1 1 on all invoices, packing
sli s and labels.
Date: 11/21/2014
Vendor: 506266 Ship To: ENGINEERING DIVISION
V & S LANDSCAPING & SPRINKLER SYSTEM INC CITY OF FORT COLLINS
4564 ALDRIDGE RD 281 N COLLEGE AVE
WELLINGTON CO 80549 FORT COLLINS CO 80521
Delivery Date: 11/21/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
i Pedestrian Plan. & ADA
#1-V&S-400903700.6-14Boardwalk
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@fogov.com
1 LOT LS
16,000.00
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 Von Collins is exempt from state and Item taxes. Our Exemption Number is
I L NON WAIVER.
98-04502, Federal Excise Tax Exemption Cmifcare of Registry 84-600058I is registered with the Collector of
Failure of the Purchaser m imilt upon sent perf emance of the terms and conditions M1ereo, failure or delay to
Internal Revenue, Denver, Coloreds (Ref Colorado Revised Stamm 1973, Chapter 39-26, 114 (it).
exercise any rights or remedies provided herein or by law, failaee m mound I, notify the Seller in the even of a
breach, the acceptance of or payment for goods hereunder or approval of the design, shall no,release the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
any of the warranties or obligations of this Purchase order and shall not be deemed a waiver of any right of the
damage in transit, may be returned to you for credit and are nit na be replaced except upon receipt of wrinea
Purchaser to insist upon alder petformmce here ifor any of ids rights or remedies as to any such goods, regardless
instructions from the City of Fan Collins,
of when shipped, received or acceptal, we to my prior or subsequent default hereunder, nor shall any purposed
and modification or rescission of this parchau oNer by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS are subject to fe City of Fort Collins inspection on arrival.
hereof.
Proof Acceptance. Receipt of the merchandise, wives or equipment in normal w this order can cult in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
andamissd paymend on the pan of the City of Fort Collins. However, it is to be understood that FINAL
Sella and the Purchaser recognise that in actual cousecom prerice, overcharges residing form mtiwm
ACCEPTANCE is dependent upon completion of all applicable required inspection —a—.
violations are in fact home by the Pmchuer. Theretofore, for good cause and as consideration for executing this
purchase order, the Seller hereby assigns to the Purohazer any and all claims it may now have or Lumber
Freight Terms. Shipments mull be FOR., 0., City of ran Collins, 700 Wood Sr, Fort Collins, CO 90522, unless
acquired under federal or state antitrust laws for such overcharges alaung to the particular goods or services
otherwise specified on this order, U permission is given to prepay freight and charge sepaately, rho original freight
purchased or acquired by the Purchaser pursuant to this purchase order.
hit must accommov invoice. Additional chanes for cackinu will not be activated,
Shipment Distance. Where manufacturers have distributing Points in various pans of the country, shipment is
expected fmm fie nearest distribution Point to destination, and excess freight will be deducted from Invoice when
shipments are made been greater distance.
Permits. Seller shall procure at sellers sole out all necaury permits, certificates and licenses required by at
applicable lave, regulations, o chad. ad tales of the state municipality, mnitory or political subdivision where
the work is Performed, or required by any other duty emotional public authority having jurisdiction over the work
of vendor. Seller further ogre« f hold the City of Too Collins harmless from ad against all liability and loss
national by them by reason Of an started nr esubtuad! vicdomn of any such laws, regulations, milmorers, tales
and requirements.
Anthoriration. All parties 1. this contract agree that the representatives are, in fact, bona fide and possess full and
complete authority to bind said parties,
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein sat foM and any supplementary or additional termm not conditions umexed hereto or incorporated herein by
refvenece. Any additional or diReralit. and conditions proposed by seller me ignored to and har part
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immedimely ifyou mnnot make complete shipment to active on your
promised delivery date as noted. Time is of the esscore. Delivery end peffin. mull be ofected within the time
stated on the purchase order and the documents drooled] ld hereto. No acts of the Purchased including, without
limitation, acceptance orportial laic deliveries, shall operate as a waiver of this provision. In the event Mary delay,
the Purchaser stall have, in addition to other legal and equitable remedies, the option of placing this order eLocwh ne
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 reasonable control and without its fault of negligence,
such acts of God, acts of civil or military amhonties, govemmenml priorities, fires, strikes, Book epidemics, wars or
riots provided that trades of the conditions causing such delay is given W the Purchaser within five (5) days of the
time what the Sella first received knowledge themmf In the event of any such delay, the date of delivery shall be
extended for the peed equal m the lime actually lost by town of file delay.
3. WARRANTY,
The Seller wanane that all goods, anklet, materials and work covered by this order will conmund with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes amended. and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
similar nature. The Shca agrees to hold the purchaser homeless from soy loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of worumy. 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 he prescribed by law or by the touts of my applicable warrnty provided by the Seller after the date of
acceptance of the goads famished beeeuader (acc hence not to be unreasonably delayed), resulting fmm imperfect
or defective work done or tnatenals famished by the Seller. Acceptance or use of goods by fie Purchaser shall not
institute a waiver of any claim under this warranty. Except as otherwise provided is this purchase order. the Sellers
liability hereunder shill extend to all damages proximately caused by the breach of any of the foregoing warranties
or guarmtms bill such liability shall in no event include loss of profits or loss ofuse. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS 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 Pmels n may make any changes to the mrma, other than legal tames, including additions in or deletions from
the quantities originally ordaed in the specifications or drawings, by verbal or wainen change order. If any such
change officers the amount due at the rime of eastomance hemuder, an equitable adjustmatt shall be made.
6. TERMINATIONS.
The Purehaur may at any time by wrinen change order, marriage this agreement av to any or all pinion of the
goods then non shipped, subjecno any equitable dhaver—at between the Pmice as on any work or matrnms than a
progress provided Nat the Purcbaur shall not be liable for any claims for andicipated profts on the uncompleted
pinion of the goods and/or work, for incidenul or concquential damages, and that no such adjustmatl be crude in
favor of the Seller with respect he any goods which are the Sellers standard stack. No such nomination shall relieve
the Purchaser or the Seller Mary Mohair obligations n in any goods delivered hoarder.
7. CLAIMS FOR ADIUSTMENI.
Any claim for adjustment mull be weaned within thirty (3O) days from the date the change or nomination ex
indeed.
9. COMPLIANCE WITH LAW.
The Sella wartmts that all goods sold hereturda shall have been produced, sold, delivered and doubled in surer
compliance with col applicable laws and egulmurra to which the goods are subject. The Seller Shall execute and
deliver such documents Or may be required to effect or evidence compliance. All laws and regulation required to be
incorporated in agreements of this character are hereby incorporated herein by this reference The Seller agrees to
indemnify and hold the Purchaser handless from all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this aria, or any moths due or to become due hereunder without the
prior union emnmt of the other pray.
10. TITLE.
The Seller warene full, clear and unrestricted tirle to the Purchaser for all equipment, materials, and items furnished
to pert tie of this agrermem, free and clear of my and dl lien, sanctum. eseatioro, secunry imtect
encumbrances and claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective gaols by a date to be agreed upon by the
Purchaser and the Seller, and the Seller therea0a indicates its inability or unwillingness m comply, the Purchnrr
may cause the work 10 be performed by the most expeditious means available no it. and the Sella shall pay all
come examwim al wide such work.
The Seller shall or. the Puchaser and its contactors of any tier frown all liability and claims of any mama
will films the peofomunce nfsucb wark.
This release shall apply even in the event of fault of negligence of the party uleased and shall extend to the
directors, Mfiam and employees ofsteh an,.
The Seller's contractual obligations, including warranty, shall not be deemed m be reduced, in any way, because
such work is perfrmed or used to be performed by the Purchaser.
14. PATENTS.
Whenever the Soler is r gmend m use any design, device, material or process covered by letreq parent, o-edemmk
or copyright, de Seller shall idemnify and save ommless de, Purchaser fmm my and all claims for infringement
by reason of We use of such parented design, dn'im, matrnal or process in connection with the contract, ad
shall indemnify the Purchawr for any cost, expense or damage which it may be, obliged in pay by reason of such
infringement at soy time during the promotion or a0er the completion of the work. In case said oluipmen, or
any pat thereof or the amended use of the gods, is in such suit held to constitute infringement and the use of
said equipment or pan is joined, the Seller shall, at its own expense and at its option, either procure for the
Purohaser the right to continue using said equipment or parts, replace the same with substantially equal but
noninfringing equipment, or nsdify it so it banmcs contributing.
15. INSOLVENCY.
If the Sella shall become insolvent or bankmpt, make an assignment for the bereft of emal mrs, appoint is
or unme far any of the Sellers properly or buswess, this order may forthwith be canceled by toe
Petroleum without liability.
16. GOVERNING LAW.
The definition iftereas Real or the imagination order, agreement and the rights of all parries hereunder shall be
corntrued Roder and governed by the laws of the State of Colorado, USA.
The following Additional Conditions apply only in cases when the Seller is to perform work hereunder,
including the services of Sellers Repromntr ive(s), an the premise of.thers.
17. SELLERS RESPONSIBILITY.
The Seller shall any, on said work at Sellers own risk until fie same is fully completed and accepted, and shall,
in u of any accide ts, retroaction or injury to the work and/or mmmials before Sellers full completion and
acceptance, complete the work, at Sellers own expense and to no satisfaction of fie Purchaser. When materials
and equipment are f rr aid d by others fen installation or erection by the Seller, the Sella shall receive, unload,
store and handle same an the site and become responsible donefor as though such mmetials anNoe equipment
were being famished by the Seller soda the order.
19. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease bmefie, to its employees employed on or in connection with the work covered by this purchase order,
antis to their dependents in accordance with the Incas of the state in which the work is to be dome. The Seller
shall also carry comprehaasive, general liability including, but not limited to, command and automobile public
liability insurance with bodily injury and death limits of at least 5300,000 for any one person, S500,00o for any
one accident and property damage limit per accident of S40g000. The Sella shall likewise require his
command, if any, w provide for such compensation and inwmce. Before any of the Sellers or his comescrors
employees shall do any work upon no premises of others, the Sella shall famish the Purchases with a cenifimte
that such compneudma and Occumnce have been providd, Such cenifimc shall specify the date when such
compensation and insurance have been provided. Such confirates shall specify the dam what such rmpemmion
ad Insurance expires. The Sella agrees that such compenalic n and insurance shall be mainuived until i fer the
entire work is completed and accepted
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind
Or resume wllmonaer m persons or property moved by or resulting from the execution ofthe work provided for in
this purchase order or in tom etum herewith. The Seller will indemnify end hold hamtleas the Purchaser and any
r ail of the Purchasers officers, agents ad employees from and against any and all claims, losses, damage,
charges or expemes, whether direct or indirect, and whether to persons or property to which the Purchaser may
be put or subject by reason of any act, action, neglect, omission Or default on the pan of the Sella, any of his
commands, or any of the Sellers or contractors officers, agents or employees In case my suit or other
praeedings shall be brought against the Purchaser, or its officers, agents or employees at my time on normal or
by cousin of my co, action, argon, omission or default of the Sella of my of his contractors or any of its or
their office, agents or employees as afireuid, the Sella hereby seems to assume the defense thereof and to
defend the same at the Sellers own expense, to pay my and all arse, charges, attorneys fees and other expenses
any and all judgmene that may be incurred by or obtained against the Purchaser or any of im 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 the program, of the Purchaser, or said panic in or as a result of such suits or other pro«dings,
the Sella will at once cause the same to be dissolved ad discbarged by giving band or otherwise. The Seller and
his contractors shall take all safety precaution, furnish and owed all guards mcssmy, fen the prevention of
accidents, comply with all laws and regulation with mount to safety including, but without initiation, the
Occupational Safety ad Health Act of 1970 and all rules and regulations issued pursuant thereto,
Revised 01R014