HomeMy WebLinkAbout196580 L & L LANDSCAPE - PURCHASE ORDER - 3215234Fort Collins
Date: 01 /1212016
Vendor: 196580
L & L LANDSCAPE
PO BOX 62
WINDSOR CO 80550
PURCHASE ORDER
PO Number Page
3215234 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: WATER UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 01/12/2015 Buver: PAT JOHNSON
Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS
AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR.
DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE
TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES.
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 2015 Blanket Order
Landscaping
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
40,000.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Tefffis and Conditions
Page 2of2
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Tom Collins is exempt from state and local taxes Our Exemption Number ere
11. NONWAIVER.
98-W502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is regssered with the Collector of
Failure of the Purchaser or insist upon inner Performance of the terms and conditions hernf, failure or delay to
Internal Revenue, Denver, Colorado (Ref Colorado Revised Statures 1973, Chapter, 39-26, 114 (a)
exercise any dgbrs or remedies founded herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance of or payment for goods hereunder or approval ofde design, shall not release the Seller of
Caught Belleau! GOODS REIECfED due to failure 0 mean specificauam, either when shipped or due re defects of
any of me warranties or obligations of dis purchase order and shall not be deemed a waiver of my nghr of she
damage in .vuit may be resumed to you for credit and are ooa to tr replaced except upon mce, of wmnm
purchaser to warm Open stria Performance hernfor any of its rights or remedies as to any such goods, regardless
instructions from de City of Fort Collins.
of when shipped, received or accepted, as to my poor or subsequent default hereunder, nor shill my suponed
oral modification or rescission of this purchase order by the Producer operate as a weaver of any of me teens
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival .
hersef.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in
12, ASSIGNMENT OF ANTITRUST CLAIMS.
authonsed payment on the pan of the City of Fort Collins. However, it is to be understood den FINAL
Seller and the Purchaser raegone, that in actual economic practice, overcharges residual, from wormer
ACCEPTANCE is dependent upon completion of ill applicable required inspection procedures.
violations are in fast bome by the Purchaser. Themofore,for good cause and as consideration for executing dens
purchase now, ffe Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter
Freight Terms. Shipments must be F.O.B., City of Fort Collins. 700 Wood Sr, Fon Collins. CO 80522, colas
acquired under federal or state mtitiust laws for such overcharges Missing to the particular goods or services
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuer oa mis purchase order.
bill must accompmy invoice. Additional charges for packing will not be accepted.
13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is
If the Purchaser directs the Seller to cancer nonconforming or defective goods by a data to be agreed upon by the
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when
Purchaser and pe Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments are made from greater distance.
may cause flue work to be performed by me moss expeditious means available to it, and the Seller shall pay all
casts associated with such work.
Permits . Seller shill procure at sellers sole cost all necessary permits, cenificarm and licenses required by all
applicable laws, regulations, ordinances and toles of the stare, municipality, territory or political subdivision wbere
The Seller shall release the Purchaser and its ...actors of my ties from all liability and claims of my nature
the work is performed, or required by my other duly emancipated public am ounry having jurisdiction over the work
youlaing from the performance of such work,
of vendor. Seller father agrees to hold the City of Fort Collins harmless from and against all liability and loss
incurred by them by reason of an asserted or established violation of my such laws, regulations, ordinance, rules
This release shall apply even in the event of fault of negligence of the parry released and shall extend to dee
and requirements
directors, officers and employees of such party.
Aumonestion. All parties to this contract agree that the representative, are, in fan, bona fide and possess full and
complete mdoriry to bind said parties.
LIMRATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and .rdtions stated
herein set froth and my supplementary or additional terms and conditions annexed ham or incorporated herein by
reference. Any additional or diRerent terms and conditions proposed by seller are objen ed to and hereby rejected.
2.DELIVERY.
PLEASE ADVISE PURCHASING AGENT Immediately if you cannot make complete shipment on arrive on your
promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within de time
stated on pe purchase order and the documents anached hereto. No aces of the Purchasers including, without
limitation. acceptmce of partial Ime deliw6es, shall opemte as a waiver of pis prowi6m In the event of ary delay,
de Purchaser shall have, m addition to other legal and equitable remedim, the option of placing this order elsewhere
and holding the Seller liable for damages Howevee die Seller shall not be liable for damages m a result of delays
due to causes not «aonably foreseeable which are beyond its reasonable emntral and widoot its fault of negligvtw,
such acts of God, acts of civil or military memories, Rovemmental pni m se, fires, madras. flood epidemics, was or
note provided that notice of the conditions causing such delay is given to me Purchaser within five (5) days of the
time when me Seller first received knowledge thereof In the event of any such delay, dic date of delivery shall be
extended for the period equal to the time actually lost by reason of pe delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by dis order will conform with applicable
drawings, specifications, sample sudden other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and competence in accordance wen accepted Omdard for work of a
ronar nature. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which pe
Purchaser may suffer or incur on account of the Sellers breach of waoanry. The Seller shall replace, repair or make
good, without cost to the purchaser, my defects or faults graing within one (1) year or within such longer period of
time m may her prescribed by law or by the terms of any applicable symmetry provided by the Seller after de date of
acceptance of the goods Famished hereunder (acceptance not to be reversionary delayed), rasulti ng from imperfect
or defective work done or nationals famished by the Seller. Acmptmce or use of goods by the Purchaser shall not
constipate a waiver afmy claim under this warrmry. Except as otherwise provided in this purchase order, de Sellers
Iiabiliry hereunder shill emend to all damages proximateo ly usts by the breach of my of she foregoing warmnes
or Resources, but such liability shall in no event include loss of prof m or loss of use. 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 COMMERCIALTERMS.
The Purchaser may make my charges to she terms. other dem legal emu, maturing additions to or deletions Earn
lie qumddes originally ordered in me sped( aeons or devings, by verbal or wainm change order. If my such
change affirms the amount due or the time of performmce hereunder, an equitable adjustment hall be made.
6. TERMINATIONS.
The Purchaser may so any time by wrinen change order, terminate this agreement as to my or all portions of the
goods den not shipped, subject to any equitable adjustment between the parties re to my work or materials then in
progress provided dew the Purchaser shall not be liable for my claims for anticipated proPos on the uncompleted
,grown of the goads md/nr work For incidental or consequential damages, and that no such adjustment be made in
Favor of the Seller path respect so my good which are the Sellers standard soak No such ocrminatioa shall relieve
the Purchaser or the Seller ofmy oftheir obligations as to my good delivered hereunder.
7. CLAIMS FOR ADIUST,MENE
Any claim for adjustment most be awned within piny (30) days from the dam me change or termination is
ordered.
9. COMPLIANCE WITH LAW.
The Seller warrants that ill goods sold hereunder shall have been produced sold delivered and famished in saner
compliance path all applicable laws and r,Wait.. to which die goads are sub cot. The Seller shall ..a and
deliver such documents as may be required to effect or evidence runwimee. All laws and regulation, required to be
incoporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser bandess from all .su and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSI(NMENT,
Neither party shall assign, trmsfcr, or.nvey pis code,, or my monies due or to be.. due hereunder w lmou the
prior wrimen.ase., of de ode, party.
loco TTD E.
The Seller warrants full, clear and unrespered title to the Purchaser for all equipment materials, and items furnished
in performance of this agreement free and clear of my and ail liens, restrictions, r«erwitions, security interest
encumbrances and claims of others.
The Sellers contractual obligations, including watery, shall not be deemed to be reduced, in my way, because
such work is performed or caused so be pertained by the Purchaser.
14, PATENTSor .
N crpyfi me Seller Seller
required to uu any deign, device, marmal or proses covered el titter, patent trademark
copyright the me
shill indemnify and save harmless pe Purchaser from my and all claims for infringement
by reason name use rcsuch formed design, device, iamagei or process in venation paid the anon of and
infra indemnify the Purchaser for any cosr, expense or damage which it may be obliged to pay by reason of euor
infringement at my time during me prosecutions, after the completion etiun of ns work. In case said equipment or
any pan peenf or the intended ale of de grads, is in such suit held to and
in its ption, em either
and the use of
flue
said equipment or pm is enjoined, rising
Seller shall, at its own expose and err its option, eidar procure for de
werchaer de right to continue using said equipment in pv6, replace de same cad substantially equal bur
noninfnngng equipment, or modify it. it baoma.ninGnging.
15. INSOLVENCY.
If the Seller shall become Insolvent or bankrupt, make an assignment for me bereft of creditors, appoint a
receiver or boom for my of the Sellers property or business, this order may fothwm be canceled by the
Purchaser without Iiabiliry.
16. GOVERNING LAW.
The definitions of terms used or the interpretation addle agreement and the rights of all parties hereunder shall be
cons.0ed under and governed by me laws of the Sum of Colorado, USA.
The following Additional Conditions apply only in come where pe Seller is to perform work hereunder,
includin6 pe servicesof Sellers Repr«entaoivelsl, on the premise of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own disk until the same is fully completed and accepted and shall,
in use of my accident, destruction or injury to the work andfor maedals before Salle's foal completion and
acceptance, complete the work at Seller's own expense and to she satisfaction of free Pmrhaer. When materials
and equipment are fumisbcd by others for installation or erection by the Seller, the Seller pill receive, upload
store and handle same at the site and become responsible derefot as though such bananas mdAr equipment
were being furnished by the Seller ander the order.
IB.INSURANCE.
The Seller shill, an his own expense, provide for de payment of workers compensation, including occupational
disease benefits, to its employees employed an or in comecom with the work covered by this purchase order,
mdlor to deer dependents in accordance with the laws of the state in which the work is to be done. The Seller
shill also arty comprebmsive general Iiabiliry including, but not limited to, commomal and auwmobile public
liability insurance wim bodily injury and death limits of in least S3W.M for my one person, 5500,000 for my
one accident and property damage limit per accident of WOO. 0 , The Seller shall likewise require his
contractors, if my, to provide for such compensation and insurance. Before my of pe Sellers or his contractors
employees shall do my work upon me premises of others, the Seller shall famish the Purchaser w)i a certificate
that such compensation and insurance have been provided. Such cenificares shall specify the date when such
compensation and insurance have been provided. Such cenificares shall specify the date when such mmpmgstr n
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the
more work is completed and accepted.
19, PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby fregarres she more responsibility and liability for my and all damage, loss or injury of my kind
r namre whatsoever to persons or property Dosed by or resulting from the execution of the work prodded for in
this purchase order or in connection herewith. The Seller will indemnify and hold handless the Purchaser and my
or all of the Purchasers officers, agents and employees from and against my and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property 0 which the Purchaser may
be par or subject by reason of my tot, action, neglect, omission or default on the pan of rise Seller, my of his
con.acters, or my of the Sellers or convectors officers, agents or employees. In cars my suit or other
proceedings shall be brought against the Purchaser, or its olTicars, agents or employees as my time on accent or
by ra. of my an, argon, neglece, omission or default of the Sella of my of his contractors or my of its or
their oRcers, agents or employees as afar«aid, the Seller hereby agrees to assume the defense dernf and to
defend pe same at me Sellers own expense, to pay my and all its, charges, tourneys fees and other expos«,
my and all judgments thin may be incurred by or obtained against the Purchaser or my of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment or offer Ikn be placed upon or
clowned again the property of the Purchaser, or sad papa in or as a result of such suits or other proceedings,
the Seller will in once cause the same to be dissolved and discharged by giving bond or oderwix. The Seller and
his ...actors shall take ill safety precautions, famish and initial all guards naessary for the prevention of
accidents, comply paid ill laws and regulations wh regard to safety including but without limitation, she
Occupational Sell and Health Act of 1970 and all rule, and regoiviotrs issued moment thereto.
Revised 072014