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HomeMy WebLinkAbout102578 FORT COLLINS NURSERY INC - PURCHASE ORDER - 3212331PO PURCHASE ORDER 3212331 Page City OfCollins ��� 3212331 ' of z Fort Col I „s This number must appear ,�—J`-' ` ` 1 1 on all invoices, packing slips and labels. Date: 02/02/2012 Vendor: 102578 Ship To: WATER UTILITIES FORT COLLINS NURSERY INC CITY OF FORT COLLINS 2121 E MULBERRY ST 700 WOOD ST FORT COLLINS Colorado 80524-3650 FORT COLLINS Colorado 80521 Delivery Date: 02/01/2012 Buyer: OPAL DICK 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 Ordered UOM Unit Price Extended Price 2012 Blanket Order 1 LOT LS 6,000.00 Utilities Total $6,000.00 C3. Oi'ls:s-Q � City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, CPPO 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 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 I. COMMERCIAL DETAILS. Tax exemptions By statute the City of Fort Collins is exempt Burp state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Gxcmpti m Certificate of Registry 84-600(1 is registered with the Collector of Internal Revenue, Denver. Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). Gourds Rejected. GOODS REJECTED due to failure to mcd specificotiom, either whim shipped or due to defects of damage in transit. may be returned to you for credit and arc nest to be replaced except upon receipt of written instructions from the Cityef Fort Collins. Inspection. GOODS are subject to the City argon Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to exercise any rights or rcmcdics provided herein or by Irv, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofihc design, shall not release the Seller of any Of the warranties or obligations of this parchnse order and shall not be deemed a waiver ofanv right of the purchaser to insist open .strict performance hcrcofor any of its rights or remedies as to any such gmds, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any purported oral modification or rescission of this purchase onhr by the Purchaser operate as a waiver of any of the terms hereof. Final Acceptance Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pin of the City of Fort Collins. Hoacvcr. it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, ovcrchargcs resulting from antitrust ACCEPTANCE is depcndeat upon completion ofall applicable required inspection p ccedums. violations are in fact home by the Purchaser. Theretofore. for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser anv and all claims it may one, have or hereafter Freight Terms. Shipments must be F.O.B., City of End Collins 700 Wood St.. Fort Collins, CO 80522. unless acquired under federal or state antitrust laws for such overcharges renting to the particular goods or services otherss'ise specified on this order. If Permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursunm In this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS, Shipment Distance Where manu Gcturce, have distributing points in various pans of the country, shipment is If the Purchaser directs the Scllcr to coned nanc nifnmming or defective geed by a date to be agreed open by the expected form the nearest distribution Point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability oramvviliingress to comply. the Purchaser shipments are made (dent greater distance. may cause the work to be performed by the most expeditious means available to it. and the Seller shall pay all costs assrrciatcd with such work. Pemits. Seller shall pmcum at sdlcrs sole cast all necessary Permits, certificates and licenses required by all applicable laps, regulations. ordinances and rules of the state, municipality, territory or political subdivision when, the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Collins hamdccs from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances. roles and requirements. Authorisation. All parties to 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 temps and conditions stated herein set forth and any supplementary or additional Icmu and conditions annexed hereto or incorporated hcrcin by reference. Any additional or different tans and conditions pmpesed by seller are objected In and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to derive on your promised delivery date as noted. Time is Ofthc essence. Delivery and performance must be effected within the time stated oa the purchase Order and the documents attached herein. No acts of the Purchasers including without limitation, acceptance of partial late deliveries shall operate as a waiver Of this prevision. In the event crony delay, the Purchaser shall have, in addition to other legal and cquilahle remedies. the option of Placing this order elsewhere and holding the Seller liable for damages However. the Sellershall not be liable for damages is a result of delays due to causes not reasonably foreseeable which am beyond its reasonable control and without its fault of negligence. such acts of God, acts ofcivil or military authorities, governmental primitics, fires, strikes, need, 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 Seller Best received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason offl c delay. }_WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will ennfem, with applicable drawings, specifications, samples andlnr other descriptions given, will he fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards 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 (I) year or within such longer period of time as may he prescribed by Iry or by the Isms ofany applicable wamnty, pmvidcd by the Seller Oder the date of acceptance of the good famished hereunder (acceptance net to he unreasonably delayed), resulting from imperfect or defective ones done or materials famished by the Seller. Acceptance or use of goods by the Purchoser shall not constitute a waiver crony claim under this womanly. Except as otherwise presided in this purchase order, the Scllcr liability hereunder shall extend to all damages proximately caused by the breach array of the foregoing wamntics or guarantees, but such Iiability shall in an even, include Inca Of profits or Inca 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 Icons by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Pumbawr may make any changes to the mow, other than legal terms, including additions to or deletions from the quantities originally aNered in the specifications or drawings, by verbal or written change order. If any such change al cinx the amount due or the time of performance hereunder. an equitable adjustment shall be made. fi. TERMINATIONS. The Pumhascr may at any time by written change order, terminate this agreement as to anv or all portions of the gmds then not shipped, subject to any equitable adjustment between the panics as to any work Or materials then in progress pmvidcd that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/of work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which arc the Scllcrs standxnl stock. No such rcmrination shall relieve the Purchascror the Seller ofany ohhcir obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. .Any claim for adjustment most be asserted within Ihiny (301 days from the date the change or Icnnimtion is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documcros as fifty be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are herchy incorporated hcrcin by this reference The Seller muces to indemnify, and hold The Purchaser hnmilec from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such Irv. 9. ASSIGNMENT. Neither party shall assign. transfer, or convey this order, or any monies duc Or to heeomc due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller warn in, full, clear and unrestricted title to the Pnreheser for all cqu ironical, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions reservations, security interest encumbmrces and claims of others. The Seller shall release the Parchascr and its contn,,tors Of any net from all liability and claims of any nature resulting (ram the p rfommnce ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend in the directors. officers and employees of such puny. The Seller's contractual obligations, including warranty, shall not he deemed to be reduced, in any way, because such work is performed or caused to be performed by the Pumhascr. 14. PATENTS. Wfounever the Seller is required to use any design, device, mnterinl or process covered by letter. patent, trademark Or copyright, the Seller shall indemnify and save harmless the Purchaser rram any and all claims lit infringement by reason Of the use of such patented design, device, material or pmecxs in connection mvith the contract, and shall iadcnnify the Purchaser for any cost. expcnsc or damage which it nmav be obliged to pay by reason of such infringement at anv time during the pmsecutinn or alter 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 to constitute infringement and the use of snid equipment or pan is enjoined. the Seller shalt. at it own expense and at its option. either pmcere for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but nonin(ringing equipment, or modifv it so it becomes nmrinfringing. 15. INSOLVENCY. If the Seller shall heeomc insolvent or bankrupt. make on assignment for the benefit of ereditmg, appoint a receiver or trustee for any of the Sellers propcny or business, this order may forthwith be canceled be the Purchaser without liability. 16. GOVERNING LAW. The definitions oftener used to the intmprctation ofthc agrectical and the rights ofall panics hereunder shall be enamored under and governed by the Imes of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Scllcrs Repiesentativefs), on the promises ofnthers. 17. SELLERS RESPONSIBILITY. The Seller shall cum no said work at Seller's own risk until the same is Billy completed and accepted. and shall, in ease of any accident destruction or injury to the work and/or materials before Seller's final completion and acceptance. complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment arc fi onklied by miners for installation or (minion by the Seller, the Seller shall receive unload. store and handle same at the site and became respro sihlc therefor as though such materials 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 occupntional disease benefits, to its cmplo)ccs employed on Or in connection with the work meeml by this purchase order. and/or to their dependents in accordance o'inh the laws of the state in which the wort: is to be done. The Seller shall also carry comprehensive general liability including. but not limited to, contractual and automobile public liability insurance .with bNily injury and death limits of at (cast 5300,000 for anv One Pee on, S500,000 for anv onc accident and property damage limit per accident of S400.01(h), The Seiler shall likewise require his contractors, if any', to provide for tech compensation and insurance. Before any n(Ihc Sellers or his emtradms employees shall do any work upon the promises ofothcrs. the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have bccn provided. Such certificates shall specify the date when such compensation and insurance expires The Scllcr agrees that such compensation and insumnec shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hcrcby assumes the entire responsibility and liability for any and all damage. loss or injury crony kind Or nature swhanmver to persons or progeny caused by Or rcsuhing from the execution of nine work pmvidcd for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and anv or all of the Purchasers m eve,. agent and employees from and against any and all claims, losses damages, charges or expenses whether direct or indirect, and ohethcr to persona or pmperty to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or dcfmdt on the pan of the Seller, any of his contractors, or any of the Scllen or contractors oReers, agods or employees. In ease any suit or other pmceedings shall be brought against the Purchaser. or its oniccrs, agents or employees Many time on account or by reason of any act action, neglect omission or default Of the Seller of any of his contractors or any of its Or their oReers, agents or employees as nforesno. the Seller hereby agrees to assume the defense thercnf and to defend the same at the Seller, own expcnsc to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its Or nhcir Officers, agents or employees in such suits or miner proceedings and in case judgment or other lien be placed upon or obtained against the property of line Purchaser, Or said parties in tons a result of such suits or other pmccedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or Otherwise, The Seller and his contractors shall take all safety fi eenoinns, furnish and install all guards necessary for the prevention of accidents, comply with all lases and regulations with regard to safety including, but without limitation, the Occupational Surety and Health Act of 197n and all rules and regulations issued personal thereto. Revised 03/2010