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Home My WebLink About127468 AQUATIC AND WETLAND COMPANY - PURCHASE ORDER - 9135808City Of CollinsJ PO PURCHASE ORDER 9er Page 135808 t of a 13580 number must appear on all invoices, packing ' `tThis slips and labels. Date: 10/25/2013 Vendor: 127468 Ship To: NATURAL AREAS AQUATIC AND WETLAND COMPANY CITY OF FORT COLLINS 9999 WCR 25 1745 Hoffman Mill Road FT LUPTON CO 80621 FORT COLLINS CO 80522 Delivery Date: 10/24/2013 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 per AWC Quote 1 LOT LS per Aquatic and Wetland Nursery, LLC quote Woodward Technology Center - River Restoration Exhibit A Job Name:Woodward Technology Center - River Restoration Date: October 14, 2013 Job Number: Contact:Rick Bachand & Crystal Strouse AWC Rep: Heid Windell CompanyCity of Fort Collins Address:PO Box 580 Job Type: Custom Fort Collins, CO 80522 Phone:970416-2183 Est. Delivery Date: End of June 2014 Fax:970-416-2211 Cell: Est. Delivery Charge: $ 1,200.00 E-mail:rbachand@fcgov.com PO#: Delivery Method: Best Way Tree/Shrub Plant List Quantity Plant Description Common Name Size Price Extension 115Populus deltoidesCottonwood # 5 $ 14.00 $ 1,610.00 26AInus incana tenufoliaThinleaf Alder # 5 $ 10.50 $ 273.00 17Amorpha Fruiticosal-eadplant # 5 $ 11.00 $ 187.00 135Atriplex canescensFour-wing Saltbush # 5 $ 10.50 $ 1,417.50 84Chyrsothanmus nauseous Rabbitbrush # 5 $ 10.50 $ 882.00 65Cornus sericeaRedosier Dogwood # 5 $ 10.50 $ 682.50 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 77,294.95 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City Of 9135808 z of a ` his number must appear ` Collins` 1 1 on all invoices, packing and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 83Prunus americanusAmercian Plum # 5 $ 10.50 $ 871.50 46Prunus virginianaChokecherry # 5 $ 10.50 $ 483.00 90Rhus trilobataThree-leaf sumac # 5 $ 10.50 $ 945.00 68Ribes aureumGolden Currant # 5 $ 10.50 $ 714.00 40Rosa woodsiiWoods Rose # 5 $ 10.50 $ 420.00 83Salix exiguaSandbar willow # 5 $ 10.50 $ 871.50 65Symphorcarpos occidentalisWestern Snowberry # 5 $ 10.50 $ 682.50 Material Total for Tree/Shrub Plant List $ 10,039.50 Conservation Grasslands - Live Plant Mix 1 5489Andropogon gerardiiBig Bluestem 10 ci $ 0.85 $ 4,665.65 2744Beckmannia syzigachneSloughgrass 10 ci $ 0.85 $ 2,332.40 5489Eupatorium maculatumJoe Pye Weed 10 ci $ 0.85 $ 4,665.65 8233Panicum virgatumSwitchgrass 10 ci $ 0.85 $ 6,998.05 5489Schizachyrium scpariumLittle Bluestem 10 ci $ 0.85 $ 4,665.65 5489Sorghastrum nutanslndiangrass 10 ci $ 0.85 $ 4,665.65 5489Solidago giganteaGoldenrod 10 ci $ 0.85 $ 4,665.65 5489Spartina pectinataPrairie Cordgrass 10 ci $ 0.85 $ 4,665.65 5489Helianthus nuttalliiMarsh Sunflower 10 ci $ 0.85 $ 4,665.65 5489Verbena hastataBlue Vervain 10 ci $ 0.85 $ 4,665.65 Material Total for Conservation Grasslands $ 46,655.65 Page 1 of 2 Wet Meadow - Live Plant Mix 2 3006Carex emoryiEmory Sedge 10 ci $ 0.85 $ 2,555.10 3006Carex IanguinosaWooly Sedge 10 ci $ 0.85 $ 2,555.10 2004Carex nebrascensisNebraska Sedge 10 ci $ 0.85 $ 1,703.40 2004Carex praegracilusClustered Field Sedge 10 ci $ 0.85 $ 1,703.40 2004Eleocharis palustrisCreeping Spikerush 10 ci $ 0.85 $ 1,703.40 2004Juncus balticusArctic Rush 10 ci $ 0.85 $ 1,703.40 3006Juncus torreyiTorrey's Rush 10 ci $ 0.85 $ 2,555.10 3006Verbena hastataBlue Vervain,10 ci $ 0.85. $; . 2,555.10 Material Total for Wet Meadow $ 17,034.00 Emergent Wetland - Live Plant Mix 3 387Scirpus acutusHard-stem bulrush 10 ci $ 0.85 $ 328.95 387Schoenoplectus maritimusAlkali Bulrush 10 ci $ 0.85 $ 328.95 387Scirpus microcarpusPanicled Bulrush 10 ci $ 0.85 $ 328.95 387Schoenoplectus pungensThreesquare Bulrush 10 ci $ 0.85 $ 328.95 Material Total for Emergent Wetland $ 1,315.80 Material Total $ 75,044.95 Freight $2,250 Grand Total $ 77,294.95 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER PO Number Page 9135808 3of4 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price Note - To ensure availability of the plants when they are needed, AWN requires a 30% deposit to start growing the plant material by no later than October 25, 2013. An additional 20% payment is required by February 1, 2014 to continue growing and to maintain the plant material. AWN requires a minimum of eight months notice prior to when plants are needed to ensure their availability with good quality. Cones and trays to be returned to AWN. If not returned, cones will be invoiced at $0.07 each and trays will be invoiced at $5.75 each 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 Total $77,294.95 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 4 of 4 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is I L NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-60DO587 is registered with the Collector of Failure ofthe Purchaser to insist upon strict performance of the terns and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exorcise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not 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 ofthe damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict pert'ommance hereof or any of its rights or remedies as 10 any such goods, regardless instructions from the City of Fan Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported and modification or rescission of this purchase order by the Purchaser operate as a waiver crony of the temu Inspection. GOODS are subject in the City of Fort Collins inspection on arrival. 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 part of the City of Fort Collins. However, it is to be understood that FINAL Surer and the Purchaser recognize that in actual economic practice, overcharges resulting from antitmst ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. 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 any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fan Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goads or services otherwise specified on this order. If ix mtissio t is given to 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. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments arc made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules 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 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 any such laws, regulations, ordinances, rules and requirements. Authorization. All panics to this contract agree that the represemntives 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 set forth 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 immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere 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 com of and without its fault of negligence, such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within rive (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. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples andlor other descriptions given, will be 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 Ions, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of ammnty. 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 be prescribed by law or by the terns of any applicable warranty provided by the Seller afar the date of acceptance ofthe goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not conalimte a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits 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 terns by wrnen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change aftccs the amount due or the time ofperformance 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 goods then not 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 on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller crony of their obligations as many goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goals said hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations 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 harmless 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 order, or any monies due or to become due hereunder without the prior written consent ofthe other pant-. 10. TITLE. ' The Seller xsanams full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clam of any and all liens, restrictions, reservations, security interest encumbrances and claims of ethers. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. I f the Purchaser direms the Seller to correct noncombmung or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or uawillingacxs to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsech work. This release shall apply even in tha event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Sellefs contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save limitless the Purchaser farm any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any port thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its awn expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftertns used or the interpretation ofthe agreement and the rights of all parties hereunder shall be construed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on the premises ofodurs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's Own risk until the same 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 the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible 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 occupational disease benefis, 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 suite in which the work is to be done. The Seller shall also carry comprehensive general liability including but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,000 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 premises of others, 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 been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after 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 crony kind or nature whosoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamtless the Purchaser and any or all of the Purchasers otliccrs, 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, omission or default on the part 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 act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their affects, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same al the Sellers own expense, to pay any and all costs, charges, attomeys fees and other expenses, any and all judgmcmts 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 popery of the Purchaser, or said parties in or as a result of such suits or other proceedings, 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 precautions, famish 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 OL2010