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HomeMy WebLinkAbout296100 PRIME VEGETATION MANAGEMENT - PURCHASE ORDER - 3215253PO PURCHASE ORDER 321525er Page City of PURCHASE 15253 tot 2 ' `t Collins( his number must appear V 1 1 on all invoices, packing sli s and labels. Date: 01/12/2015 Vendor: 296100 PRIME VEGETATION MANAGEMENT PO BOX 1440 BERTHOUD CO 80513 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/12/2015 Buver: PATJOHNSON 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 i 2015 Blanket Order Weed Control Services 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 Total $20,000.00 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 Too Collins is exempt from state and local taxes. Our Exemption Number is 11. NONW AIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84 6000587 is registered with the Collector of Failure of the Purchaser to imist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Dever, Colorado (Ref. Colorado Revised Statutes 1973. 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, Me mcepana of or Payment for good hereunder or approval of de design, shall not release the Seller of Goads Rejected. GOODS REJECTED due he failure to men specifications, either when shipped or due in defects of any of the wenanues or obligations of this purchase order and shall not be deemd a cower of any right of the damage in transit may be returned to you for credit and are not to be replaced except upon receipt of women purchaser to insist upon on. performance hearafor any ofi¢ nghts or remedies as to they such goods, regardless instructions from Me City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shill any purported and modification or rescission of this purchase order by Me Purchaser operate as a waiver of any of the temp Inspection. GOODS are subject to the City of Fon Collins inspection on arrival, hereof. Final Acceptance. Receipt of the merchandise, services or equipment in mspods to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. autMrixed payment on cite pan of the City of Fort Collins. However, it is to be understood! that FINAL Seller and the Purchaser r cognize that in actual economic practice, overcharges resulting from antieust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures violations are in fad bore by Me Purchaser. Theretofore, for good raux 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 Freight Terms. Shipments most be F.O.B.. City of Fort Collins. 700 Wood St, Fon Collins. CO 90522, wrens acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this orde, if pedniv ion is given a prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have mariboong points in various pans of the country, shipment is If Me Purchaser direcm the Seller to correct nonconforming or defective goods by a daze to be agreed upon by the expected from the nearest &=boom point to duure lion, and excess freight will be adjusted from Invoice when Purchaser and the Seller, and the Seller Hereafter indicates its inability or unwillingness in comply, the Purchaser shipments are made from greater distance, may cause de work an be performed by the men expeditious means available to it and the Seller shill pay all costs associated with such work. Permits. Seller shall procure at sellers she cost all necessary Permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, mwicipaliry, territory or political subdivision where Me work is pedfomed, or required by any other duly constituted public authority having jurisdiction over the work of seder. Seller further agrees to hold the City of Fort Collins haromess from and against all liability and loss tined by them by no wn of an asrted sm seor eblehed violation of any such laws, regulations, ordinances, rules rand edome meats. Authoneation. All parries to this contract age a that the representatives are, in fact, bona Ode and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the arms and conditions stared herein set MA and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedi rely if you cannot make complete shipment to a dive an your promised delivery date as noted. Time is of the extents. Delivery and performance most be effected within she time stated on Me purchase order and the documents smashed heea. No acts of the Purchasers including, without limitation, acceptance oriental lase deliveries, shall operate as a waiver of this provision. In Me event of any delay, Me Purchaser shall have, in addition to other legal and equitable remedies, Me option of placing this order elsewhere and holding Me Seller liable for damages. However, Me Seller shall not be liable for damages es a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofnegligence. such am of God ass of civil or military amhonhes, governmental priorities. Ores, strikes, Omi epidemics, wars or noes provided that notice of Me conditions causing such delay is given w Me Purchaser within five (5) days of Me time when the Seller first received knowledge thereof. In the event of any such delay. Me doe of delivery Mall be extended for Me period equal an Me time actually log by reason of Me delay. 3. WARRANTY. The Seller warrants that Al goods, anides, materials and work covered by this order will conform with applicable drawings, specifications, samples allor other descriptions given, will be fat for Me purposes intended, and performed with Me highest degree of care and competertce in accordance with accepted standard for work of a imilar name. The Seller agree a hold the purchaser harmless from my loss, damage or expense which the Purchaser may suffer or incur on arcomtt of Me Sellers breach of wumnry. The Seller shill replace, repair or make good, without cost to the purchase, my defects or faults mining within one (1) year or within such longer period of time as may be presented by law or by the terms of any applicable warrant, provided by Me Seller after Me dare of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or catenate fumished by Me Seller. Acceptance or sex of grod by Me Purchaser shall not ansntute a waiver of any claim order this wadent, Except in otherwise provided in this purchase order, Me Sellers liability hereunder Mall extend to At damages proximately caused by Me breach of my of Me foregoing momftIOr or guarantees, btu such liability shill in no even include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. q. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by women change order. 5. CHANGES IN COMMERCIAL TERNS. The Purcheraw may make my changes to Me terms, other than legal temp, including addition M or deletions from Me qumddes originally aid emd in Me speci0ouons or drawings, by veebal or written change order. If my such change aHecs the amount due or Me time of performance hereunder, an equitable adjustment shall be made. 6. TERMBNATI0NS. The Purchaser may a any time by wrinen change order, terminate his agreement as to any or all poftions of Me goods Men not shipped, subject to any equitable adjustment between Me parties as to any work or materials Men in progress provided Mat Me Purchaser shall not be liable for my claims for anticipated profits on Me uncompleted penmen of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of he Seller with respect hi any was which are Me Sellers suadard stock. No such termination shill relieve Me Purchaser or Me Seller of any oftheir obligations as to any goads delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within thirty (30) days form the data Me change or termination is ordered. B. COMPLIANCE WITH LAW. The Seller warrant thar all good sold hereunder shall have been pmducM sold, delivered and fumished in strict compliance with Al applicable lass and reguhatons to which the goods are subject. The Seller shill exceuse and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be nwryonred in agreements of Mis character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by Me Purchaser as a result of Me Sellers failure to comply with such law. 9. ASSIGNMENT, Neither party shill tough, transfer, or move, this order, or my monies due or to become due hereunder wirhom Me prior amum consent of Me other parry. 10. TITLE, The Seller warrants full, clear and unrestricted title to Me Purchaser for all equipment, materials, and items fumished in performance of this agreement, free and clear of my and ill liens, restrictions, reservations, security interest ecumbranm and claims Orionis The Seller shall release the purchaser and its contractors of any her from all liability and claims of any nature resulting from the performance of such work. This release shall apply eve in the event of fault of negligence of she parry released and shall extend to Me directors, othcere and employees of such parry. The Sellers contractual obligations, including warennry, shall nor be deancd a be reduced in any way, because such work is performed or caused to be performed by the Pwchand. 14 PATENTS. Whenever the Seller is required to use any design, device, material or prams covered by letter, patent trademark or copyright Me Seller shill indemnify and save harmless Me Purchaser from any and all claims for infringement by reason of the use of such pareted design, device, mounted or process in connection with the contract and shall indemnify the Purhaser for any cost expense or damage which it my be obliged to pay by reason of such infringement at any time during Me progrumn or after the completion of the work. In case said equipment or any pan thereof or Me intended use of Me goods, is in such suit held to emotions infringement and the use of said equipment or pan is enjoined, Me Seller shall, at its own expose and at its option, either procure for Me Purchaser Me tight to continue using said equipment or parts, replace he same with substantially equal but noninfringing equipment, or modify it so it becomes wninfnnging. 15. INSOLVENCY. If Me Seller shill became insolvent or bankrupt make an anssweret for Me bmeft of creditors, appoint a renceiver or uustee for any of Me Sellers property or business, this order may forthright be canceled by Me Purchased withot, liability. 16. GOVERNING LAW. The definitions of terms used or Me interpretation of the agreement and Me rights of all ponies hereorder shall be conarued coder and governed by Me laws of the State of Colorado, USA. The following Additional Conditions apply only ur r. where Me Seller is or perform wed hereunder including the services of Sellers Representativoift. on Me premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in e of my accident, Moroccan or injury to Me work and/or materials before Seller's final completion and acceptance. complete Me work at Seller's own expense and to Me satisfaction of Me Purchaser. When materials and equipment are fumished by others for installmion or erection by the Seller, Me Seller shill receive, unload shire and handle same o the site and become responsible therefor as though such nowmads and/or equipment were being furnished by the Seller under the aide,. 18. INSURANCE. The Seller shall, at his own expense, provide for Me payment of workers compensation, including occupational disease beoefis, to its employees employed on or in connection with Me work covered by dis purchase order, and/or a their dependents in accordance with Me laws of the state in which the work is to be done. The Seller shill also carry comprehensive general liability iacludin& but not limited to. contrxemdl and automobile public liability moo ance with bodily injury and death limier of n lean 5300,000 for my one person. S500,000 for my one accident and morosely damage limit per accident of Sa00,000. The Seller shall likewise require his conuacars, if any, to provide for such conmesation and insurance. Before my of Me Sellers or his contractors employees shall do any work upon Me premises of others, the Seller shill furnish Me Purchaser wilt a certificate that such compensation and insurance have been provided. Such certificates shall specify the date whim such compensation and insurance have been provided. Such certificates shall specify the doe when such compensation and insurance expires. The Seller agrees Mat such compemetmn and insurance shall be maintained until after the more work is compined and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume Me more responsibility and liability for my and all damage, loss or injury of my kind or nature whatsoever to persons or property caused by or resulting from Me execution of Me work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees firm and against any and all dolma losses, damages, charges or expemw, whether direct or indirect, and whether to persons or property an which Me Puremser may Or put or subject by reason of my art action, neglect, omission or default on Me pm of Me Selleq my of his contractors, or any of Me Sellers or contractors officers, agents or employers. In case any suit or other proceedings shall be brought agilms the Purchaser, or its officers, agents or employees at any time on accowt air by reason of any a4 action, neglect omission or default of Me Seller of any of his contnetors o, any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume Me defense lterwf and to defend the same o the Sellers own expense, to pay my and all costs, charges, saomeys fees and other expenses, any and all judgments Mat 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 cue judgment or other Into be placed upon or obtained against Me property of she Purchaser, or said Tames in or as a result of such suits or other proceedings, the Seller will as once douse Me same to be diswlved work discharged by ®sing bond or otherwise. The Seller and his convacars shell sake all safety precaufices, fomish and uncedl of guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, Me Occupational Safety and Health Act of 1970 and all mles and regulations Issued pursuant Medea. Revised 02/2014