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HomeMy WebLinkAbout441376 ROCKY RIDGE NURSERY & LANDSCAPE LLC - PURCHASE ORDER - 9140227 (2)Fort Collins PURCHASE ORDER Date: 02127/2014 Vendor: 441376 ROCKY RIDGE NURSERY & LANDSCAPE LLC 327 E COUNTY RD 60 FORT COLLINS CO 80524 PO Number Page 9140227 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: COMMUNITY DEV & NEIGHBORH CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS CO 80521 Delivery Date: 01/09/2014 Buyer: JOHN STEPHEN 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 ....... yOrdered UOM Unit Price Price 2 addendum to PO 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 EA 7,000.00 Total 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. COMMERCIALDETAIIS. Tax exemptions. By statute the City of Fort Collins is exempt from mucan, l«al taxes. Our Exanphoo Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exempriw Ceniftcate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, Budget or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Stainless 1973. Chapter 39-26,1 M (a). examine any rights or mollies provia d Recent or by law, failure to promptly witty the Seller in the event of a breach, the acceptance ofar payment for good hereunder or approval of0rc design, shall not rrlow, the Seiner of Goods Rejected. GOODS REJECTED due ta failure as mM specifcatims, cHN r when shipped or due b degrees of any of the varmnlies or obligations of mix purchase order and shall wl M deemed is waiver of my right of fe damage in transit Only be remand to you for credit and art not to be replaced except upon receipt of worm purchaser to insist upon strict peformmnce hereof or my of its rights or remedies as to any such goods, regardless instructions from the City of Fan Collins. of when shipped, received or accepted, as to any prior or subsequent default hermandeq nor shall my poryomd owl modification or Tradition of This purchase order by the Parchaser opem,e as a waiver of any of the terms Inspection. GOODS ate subject o the City of Fort Collins impaction on arrival. hereof. Final Acceptance. Receipt of the merchandise, tervican or equipment in nopmem to fis order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. amhadmd inimical on the pan of the City Of Fort Collins. However, it is to be understood that FINAL Seller and the Pumbncer recognire that in actual economic practice, overcharges resulting from antimt, up ACCEPTANCE is dependent on completion ofall applicable required inspection procedures. violations art in fact bane by the Purchaser. Theretofore forgoodcause and as consideration for executing this purchase order, the Sella hereby assigns to the Purchaser any and all claims It may now have or hammer Freight "fonts. Sbipmmnts most he EO.n., City of Fan Collins, 700 Wood St, Pon Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the panicular good or services otherwise specified on this order. Ifpemtission is given to prepay freight and Outgo separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bit most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where warfimmrers have dooibuting points in various pans of the country, shipment is Ifthe Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by roe expected from the nearest distribution paint to destiwtion, and excess fivigM will be, deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be perforated by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Pameit. Seller shall p.am al sellers .to cast all necessary panic, certificates and licemw ramified by all applicable laws, regulations, indication, and tales of me scam, municipality, territory or political subdivision where The work is performed, or required by any other duly corcututed public authority having jurisdiction over the work of vendor. Seller father agrees to hold The City of Fort Collins hatmleas from mid against all liability and loss incurred by them by reamn of an earned or established violation of any such laws, regulations, omimnces, ales tired requirement. Authonration. All parties to This contract agree mat me representatives mr, in fact, bona fide and Possess fun and complete authority to bind said pales. LIMITATION OF TERMS, This Purchase, Order expressly limits acceptance to the terms and conditions sand herein set faith and any supplementary or additional teens and conditions annexed hereto or incorporated herein by reference. Any additional or different terra and conditions proposd by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if your cannot make complete shipment to arrive on your promised drdVHY dune as noted Time is of the essence. Delivery and per anon a must be eRocted within the time sta al on the purchase order and the documm. attached hereto. No ads of The Purchasers including, without liauction, 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 ofplacing this order elsewhere and holding the Seller liable for damages. However, The Seller shall not be liable for damages as a rend, of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such tits of God, acts of civil or military authorities, governmental priorities, fires, strikes, Bond, epidemics, was or hots provided that notice of The conditiorm causing such delay is given to the Purchaser within five (5) days of me time when the Seller first received knowledge Thereof. In me even, of any such delay, Thc date of delivery shall be extended for the paid equal To the time actually loss by reason of the delay. 3. WARRANTY. The Seller wartant flat ell goods, articles, materials and work wvcrd by this order will conform with applimble drawings, specifimlims, samples and/or other descriptions given, will W fit for the purposes amount, and performed wins me highest degree of care and competence in accordance with «crpted standard far work of a similar Home. The Seller agrees to hold The purchaser harmless from my lass, damage or expanse which The Pumhsser may safer of incur on account ofine Sellers breach of wartanry. The Salle, shall contact, repair a, make good, without cast to the purchaser, my defect or faalt arising within one (1) year or within such usage, peril of time as may be prescribed by law or by the terms of my applicable warranty provided by the Seller after the date of acceptance of the goads femishul hereunder (nominative not to be unreasonably delayed), resulting from imperfect or detective work done or nationals fomishd by The Seller. Acceptance or use of goods by the Purchaser shall oat constitute a waiver of any claim under this wmrdmy. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately mused by the breach of My of the foregoing warranties or 6uammces, but snch liability shall in no event include loss of profits ar loss of use. NO IMPLIED WARRANTY OR MERCHANTABI I,ITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by wainm change order 5. Cl LANCES IN COMMERCIAL TERMS. The Purchaser wry make any changes to the terms, Omer than legal mrou, including add oohs, to or deletiom fmm the qte mitior originally ordered in me specifications ar drawings, by verbal or written change order. If my such change efect the amount due or the time of, erformana reaMa he, an equitable adjustmnt eshall be made. 6. TERMINATIONS. The Purchaser may in any time by wont change order, terminate This agreement as to my or all pomoH of The goods then not shipped, subject to my equitable adjamenom between the ponies as to my work or materials men in progress provided that the Purchaser shall wt be liable for my claims for anticipated profia on me uncompleted portion of the goods andor work, for incidental or aomcgmential darragca, and that m such adjustment be made in favor ofine Seller wida mr and I. any goods which am The Sellers standard stock. No such termination shall relieve The Purchaser or the Sella of any of their obligations as to my goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or temeination is ordered, 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have bon produced, sold, delivered and famished in strict compliance wins sell applicable laws and regulations to which the good arc subject. The Sella shall exewte and deliver such documents ex may be ma most m effect or evidence compliance All laws and regulations required to be marginated in agreement of this chowder are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all rest and damages suffered by the Purchaser as a result of the Sellers failure to comply with such raw. 9. ASSIGNMENT. Neither pay shall resign, transfer, or convey this order, in my monim due or to become den hereunder without the PH. writtrn Co., of me other party. 10. TITLE. The Sell. warrants full, if. and, anamor all fide to the purchaser for ell equipment, mmeriak, and irem<fmishd in performance of This agreement, ( and clear of my and all Jim, restrictions, reservations, aecmiry interest mcumbrawes and claim of others. The Seller shall releam the Purchaser and its coorecmrs of my tie, from all liability awl claims of my Hum resulting fmm me performance ofsuch work. This release shall apply even in the event of fault of negligence of the Pang released and shall extend to the directors. oMaers end employees ofsuth parry. The Sellers commerical obligations, including wamnry, shall not be domed to be reduced, in any way, because such work is performed or mused to be perforated by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or proces covered by letter, pmml. Hadmnmk or copyright, the Seller shall indemnify and save harmless me Purchaser from any and all claims for inGngemmt 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 of such inth'i'mem at any time during ,he pmscculion or it,, the compldion of the work. In coo said equipment, or any pan thereof err the intended use of the good, is in such suit held to constitute infringement and the use of said equipment or part is attained, the Seller shall, at its own expense and at its option, either procure for the Purolator the right to continue using said equipment or pans, replace The same with mbountially ccgmI bar noninfringing equipment, or modify it sit it basement noninfrngmg. 15. INSOLVENCY. If the Seller shall become insolvent or baMmpt, make an assignment for $e brnefit of creditors, appoint a receiver to Room for any of The Sellers pmperty or business, mix order may forthwith be canceled by me Purchaser without liability. 16. GOVERNING LAW. The definitions oftemt usd or me interymtatiw of the ageemeat and the rights ofall panic hereunder shall ud mrtttrued ruder and governed by me laws ofine State of Colorado, USA. The following Additional Conditions apply only in cases where me Seller is to pM work hervandem including the amicm of Sellers Represennl,ile s), an me premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry an said work at Sellers own risk until me same is fully completed and ac«pted, and.lall, in u of any accident, destruction or injury to The work and/or materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When remmals and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, i nlead, store and handle some at the site and become responsible therefor in though such materials and/or equipment were being famished byline Seller under the coder. 18. INSURANCE. The Seller shall, at his own expense, provide for me payment of workers compensation, including wcupaional disease benefit, 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 ofine state in which the work is ta 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 limit of at least $300,000 for any one person, S500,000 for my one accident and property damage limit per accident of S400,000. The Seller shall likewise require Ns common, Rmy, To provide for such compemsmim and iw ur nce. Bed any of the Sellers or his comments employees shall do my weal upon the premises of others, the Seller shall famish the Purchaser with a urtificare that such compensation and insurance have been provided. Such ceniftmtrs shall specify The date when such compere Lion and insurance hava, been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such ram arreation and iHurmce shall be trainained until after The more work is compined end accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the retire onamasibiliry and liability for any and all damage, loss or injury ninny kind or nature whatsoever to persons or prepcny caused by or resulting gram the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold homeless $e Purchaser and any r all of the Purchasers oflican. agent and employees fmm and minim, any and all claim., 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 set, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or ontractors 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 ofeen, agents or employces us aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same.1 the Sellers own expense, to pay my and all ewes, charges, ranch s fees and other expenses, any and all judgment, that may be incurred by or obtained against the Purchaser or any of its or their afters, agents or employees in such suit or other pruceedivgs, and in case judgment or other lien be placed upon or Obtained against the property ofine Purchaser, or said pains in or m a result of swh suits Or oThrr proceedings, the Seller will an once cause Thc same to be dissolved and diewhmgd by giving band or otherwise. The Seller road his contractors shall Take all safety pr«autious, though and install all gouda necessary for do, prevention, of accident, comply with all laws aM regulations won regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulation issued pursunnt merem. Revised 03=0