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HomeMy WebLinkAbout109276 PLANTORIUM - PURCHASE ORDER - 9122731City of a rt Collins Date: 05/11/2012 Vendor: 109276 PLANTORIUM PO BOX 485 LAPORTE Colorado 80535-0485 PURCHASE ORDER PO Number Page 9122731 1of2 This number must appear on all invoices, packing slips and labels. Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS Colorado 80521 Delivery Date: 05/10/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Flowers Old Town Square C3. O✓le�o-Qs�L City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, 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 1 LOT LS 5,902.85 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Tenns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tas exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry R4-6(W5S7 is registered with the Collector of Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or disc to defects of damage in transit may be returned to you for credit and are not to he replaced except upon receipt of written instructions from the City of Fnn Collins. Inspection. GOODS are subject to the City of Fon Collins inspection on anneal. 11. NONWAIVER. Failure ofthe Purchaser to insist upon strict performance of the terms and conditions hereof. failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for gad., hereunder or approval of the design, shall not release the Seller of any of the aam. atics or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereof or any of is rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any poor or subsequent default hereunder, nor shall any purported oral mod i ficnfion or rescission of this purchase order 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 pan of the City of Fort Collins. However, it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from toturust ACCEPTANCE is dependent upon completion Mall applicable required inspection procedures. violations are in fact borne by the Purchaser. Theretofore, 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 Freight Tenn Shipments must be F.O.H., City of Fort Collins 700 Word Sr. Fort Collins. CO 50522. unless acquired under federal or state antitrust Imes for such overcharges relating to the particular goods err services otherwise specified on this order. If prnnission is given to prepay freight and charge separately, the original freight purchased or acquired by the Parchnscr 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 distributing points in various parts of the country. shipment is Ifthe Purchaser directs the Seller Incorrect nonconforming or defective goods by a date tube agread upon by the expected from 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 m unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all casts associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits. certificates and license required by all applicable laws, regulations, ordinances and mles of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees In hold the City of ran Collins harmlm% front and against all liability and loss incurred by them by reason of an asserted or established violent.. of any such laws, regulations, ordinances, mlcs and requirements. Amhmizntion. All parties to this contract agree that the representatives arc, in fart, bona tide and possess full and complete authority to bind slid panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any mpplcmenery or additional tcmw and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby reject"]. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if yet conna make complete shipment to naive on your minutest delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time stated ern the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance offanial late deliveries, shall operate s s a waiver of This prevision. In the event of any delay, the Punctuator shall have, in addition to other legal and equitable remedies the option ofplacing this order elsewhere and holding the Seller liable for damages However, the Seller shall not he liable for damngcs as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such acts of God, acts ofeivil or military authorities, governmental priorities, fires, strikes Rood, 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 first 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 of the delay. 3. WARRANT)'. The Seller ws rnants that all goods, articles, materials and work covered by this order will conform with applicable drawings. specifications, samples and/or other descriptions given. will be flu 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 front any loss, damage or expense which the Purchaser may su Bcr or incur no account ofthe Scllcrs breach of wanenry. The Scicr 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 be pmwnbed by law or by the terms of any appl icabde "ananry provided by the Seller surer the data of acceptance of the goods famished hereunder (acceptance net to be unreasonably ddaycd), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of gads by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Scllcrs liability barest nder shall extend to all damages pmxinmtely caused by the breach of any of the foregoing warn I is or guarantees, but such liability shall in no event include Ions of prefix or loss of ,,sc. 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 Purchaser may make any changes to the terms, other than legal terms. including additions to or deletions from the qumstint, mifinally ordered in the .,weificalinns or dmwdngs. by verbal or ..riucn change order. If any suet, chance affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the go.& then an, shipped. subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits ern file uncompleted portion ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall mlicvc the Purchaser or the Seller crony of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all good., sold hereunder shall have been produced. said. 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 documents as may be required to effect or c,idcncc compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees in indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result ofthe Seller., failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior "Titan consent ofthe other parry. I O. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipmcnt, materials, fund items furnished in performance of this agreement. free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims crashers. The Seller shall release the Primrose, and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsnch work. This release shall apply even in the event of fault of negligence of the patty released and shall extend to the directors. oReers and employees of such party. The Seller's eontmctud obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perfumed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to nsc any design, device, material or process covered by letter. patent trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, din ice, material or process in connection with the contract and shall indemnify the Purchaser for any cost, cxpcnsc or damage which it may be obliged to pay by reason ofsnch infringement at any time during the prosecution of arcs the completion of the work. In case said equipment, or any pan themnf or the intended use of the goods, is in such snit held to constitute infringement and the use of said equipment or pan is enjoined. the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using slid equipment or parts, replace the same with substantially equal but mniafringing equipment or modify it so it becomes noninfringng 15. INSOLVENCY. If the Seller shall become insolvent or bfunkmpt make on assignment for the ,merit of creditors, appoint a receiver or trustee for any of the Sellers property, or business, this order may forthwith be canceled by the Purchase, without liability. 16. GOVERNING LAW, The definitions Mtcmts used or the interpretation ofthc agreement and the rights of all panics hereunder shall be coustmN underfed govcmcd by the laws of the State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to performs stork hereunder, including the services of Sellers Ronesentxtiec(s). on the premises crushers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the mine is fully completed and accepted. and shall. in case of any accident destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete she work at Sellers own expense and to the satisfaction ofthe Purchases. When materials and equipmcnt arc Finished by others for installation or erection by the Seller. the Seller shall receive, unload. store and handle some nt the site and beware responsible therefor as though such materials and/err equipment were being furnished by the Seller under the order. IS. INSURANCE. The Seller shall, at his own cxpcnsc, provide for the payment of workers compensation, including occupational disease benefits to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the ,state in which she work is to be done. The Seller shall also any comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury anti death limits of as ]east S306,000 for any one person. S500.000 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors. if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premieres of.dwo,, the Seller shall furnish 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 been pmvided. Such certificates shall specify the date when such compensation and insurance expires The Scllcr agrees that such compensation and insurance shall he maintained until aRer 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, Ines or injury ofany kind or nature wvhmsme%m to persons or pmperty caused by or candling from the execution ofthe work pmvided for in this purchase order or in connection herewith, The Seller will indemnify and hold hamdess the Purchaser and any or all of the Purchases officers, agents and employees from and against any and all claims losses, damages, charges or expenses, 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. nor ission or default on the pan of the Seller. any of his contractors. or any of the Sellers or contractors officers, agents or employees In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any at, action, neglect. omission or default of the Seller of ony crisis contractors or any of its or their officers, agents or employees as aforcmid, the Seller hereby agrees to assume the defense thereof and to defend the scone at the Sellers own expense, 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 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 property of the Purchaser, or said panics in or as a result of such suits or other proceedings. the Sel1cr 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 precautions. furnish and install all guards necessary for the prevention of ,accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 0312010