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HomeMy WebLinkAbout522800 NORTHFORK NATIVE PLANTS - PURCHASE ORDER - 9133841Fort Collins Date: 06/23/2014 Vendor: 522800 NORTHFORK NATIVE PLANTS PO BOX 1115 DRIGGS ID 83422 PURCHASE ORDER PO Number Page 9133841 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 06/20/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 4 Addendum - delivery chg Per email from M.Walker6/20/14 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 1 LOT EA 450.00 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 IWM. T mer.rfail 1I-1ii 1mr.[�f.71FlQF7'Ri Page 2 of 2 L COMMERCIALDETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from site and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excite Tax Exemption CmiGcme of Registry 84-6000589 is registered with the Collector of Failure of the Purchaser to insist upon stria performance Of the terms rod conditions hereof, failure or delay to Internal Revenw, Denver, Colorado (Ref. Colorado Revised Sutures 1973, Chapter 39-26, 114 (a). cimmise any rights or trawler provided herein or by law, fiche to promptly notify the Seller in the event of a breath, the acceptance ofor payment for goal, hereunmer or mprmat mile design, shall oat ml. the Seller of Goods Rejected. GOODS REJECTED due to failure to moor specifications, either when shipped or due to defects of any of the memories or obligations of this purchase order and shall no be deemed a waiver 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 wtinor purchaser to insist upon stem performance hereof or any of its rights or remedies as to any such goods, regardless instructions form the City of Fen Collins. of when shipped, received or accepted, as m any prior or subsequent default heremder, mar shall any purported rm1 need. from. or measure of this purthme, order by the Purchaser operate as er waiver of any of the mrrm Impaction. GOODS ere subject to thc City of Fan Call li as inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, sm'ic u or equipment in response to this ortkr can reach in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment oa the pen of the City of Fort Collins. However, it is in b, undersreod that FINAL Seller and the Purchaser recognise that in actual economic prectire, overcharges resulting fmm anrimnn ACCEPTANCE is dependent upon completion ofail applicable required inspection procedures. violations are in fact some by the nmhaser. Thrremfore, fa good cause and as consideration for cicerone, this purchase water, the Seller hereby and,res W the Purchaser any and all claims it may rww have or hereafter Freight Terms. Shipments main be F.O.B., City of Fan Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under Miami at state antitrust laws for such overcharges mining on the particular goods or services otherwise specified on this order. If permission is given m prepay freight and charge separately, the original freight putchssed at 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 distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to cottect nonconforming or defective good by a date m be agreed upon by the expected from the nearest distribution point to destitution. and excess freight will be, deducted from fouler when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness m comply, the Purchaser shipments are made from greater distance. may came Uhe work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure in sellers sale cost all necessary permits, certificates and licenses required by all applicable laws, regi laim , ordinvnces and roles of the state, municipality, mmmry or political subdivision where the work is performed, orrequired by any other duly constituted public authority having jurisdiction over the work of vendor. Seller fatheragrees to hold the City of Fort Collins harmless from and against all liability and loss ed by them by reason of an sem ed or established violation of any such laws, legitimate, ordinances, roles incurred ndtirequirements. Amonitatior All ponies to this contract agree that the representatives are, in fact, born tide and possess full and complete outhority to bind said panics. LIMITATION OF TERMS, This Purcbac Order expressly limits acceptance to the terns and conditions stated he¢ set both and any s,nanscular, or inklu tonal 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 tryru cannot make complete shipment to arrive on your promised delivery data w noted. Time is ofthe essence. Delivery and performance must be offmo d within the time stated on the purchase offer vnd the dramorm attached harem. No acts of the Purchasers including, without limitation, acceptance of partial lam 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 far damages. However, the Seller shall not be liable for damages M a result of delays due to mums not reamrubly freseceble which ve bcye d its racco able control and wifom its fault ofnegligence, such acts of God, acts of civil or military tradition, governmental priorities, fires, strikes, food, epidemics, wars or note provided that notice of the conditions taming well delay is given to the Purchaser within five (5) days of the time when the Seller fat received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the penal equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants Out all Smile, micles, materials and work covered by this order will conform with applicable drawings, specifications. samples ani other descriptions given, will be fit for the purposes formed, and performed with the highest degree of rare and competence in accordance with accepted smodards for work of a similar crome. The Seller agrees to hold the purchaser harmless floor any loss, damage or expense which the Purchaser may suit or incur on account ofthe Sellers breach of wamdnry. The Seller shall replace, regular make good, without cast to the pumhaaq my deficits or faults arising within one (1) year or within such longer penod of time as may be prescribed by law or by the terms of my applicable wamnty pmvided by the Seller after the doe of acceptance of the good famished hereunder (acceptance not to be waseonsbly delayed), resulting fmm imperfect or defective work done or materials famished by the Seller. Acceptance or our of goods by the Purchal shall not onab ute a waiver of my claim under this warranty. Except as oherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of One foregoing vatmnties or premiums, but such liability shall in no event include loss of profits or lass 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 toms by written change older 5. CHANGES IN COMMERCIAL TERMS. The Purchaser guy make any changes to the terms, other than legal terns, including additions to or deletions from the quantities originally ordered in the specifications nr drawings, by verbal or wdnen change older. If my such change affects the amount due or the time elperformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. Ile Purchaser may at any time by written change order, terminme this agreement as to any or all fortunes of the goods then at shipped, subject to any aluitalde adjustment between the parties w 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 ofthe good and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect as my goals which ere the Sellers standard stork. No such termination shall reline the Purchaser or the Seller of any oftheir obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assoted within thirty (30) days fmm the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goads sold hereunder shall have been produced, sold, delivered and famished in swim compliance with all applicable laws and regulation to which the goods are subject. The Seller shall execum and deliver such documents as may be required of effect or evidence compliance. All laws and regulations required to be mcerpomred in agreements of this chatamer are hereby incorpemted herein by this reference. The Seller agrees to indemnify and hold the Purchaser bmmless main all costa and damages suffered by the Purehaar as a result of the Sellers failure to comply with such taw. 9. ASSIGNMENT. Neither party than assign, transfer, or convey this order, or any martin due or sec become due herewder withnm the Prior waif eontmt aftle other parry. 10. TITLE. The Seller woman full, clear and unrestricted title to the Purchaser for all equipment, mmenals, and item famished in performance of this agreement free and clear of a, and all liew, reemetions, reservamns, secunry Mercer encumbrances and claims ofmons. The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature resulting fmm the performance of such work. This gleam shall apply den in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Sellers contractual obligations, including warranty, shall not be deemed se be reduced, in any way, because such work is perfomrmed or caused to be performed by the Purchaser. 14, PATENTS. Whenever the Seller is required to use any design, device, matmal 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, 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 infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the geod, is in such suit held t0 constitute infringement and the use of said equipment or pan 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 bur noninfringing equipment, or modify it so it becomes noninGnging. 15. INSOLVENCY. If the Seller shall become insolvent or hard mpt make an assignment for the benefit of creditors, appoim a cameiver or morose for any of the Sellers p x sum, or business, this order may forthwith be canceled by the purchaser without liability. IE GOVERNING LAW. The definitions, ofte. used or the interpretation of the agreement and the .,his ofall panic hereunder shall be comtmed under and governed by the laws of the State of Colorado, USA_ The following Additional Conditions apply only tar causes where the Seller is m pert work hereunder, including the services of Sellers Represemorive(t), on the premises ofothers. It. SELLERS RESPONSIDILITY. The Seller shall carry on said work In Sellers own risk until the same is Silly completed and anmpted, said shall, in crow of any accident, destruction or injury m the work valor materials before Seller's final completion and accept., complete the work at Sellers own expense and m the satisfaction of the Purchaser. What mmenals and equipment arc famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become resporeible durefor as though such nationals and/or equipment were being published by the Seller under the order. IS. INSURANCE. The Seller shall, at his own expense, 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 the work is to be done. The Seller shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least 5300,000 for any one person, 5500,000 for any one accident .and property damage limit per accident of 5400,000. The Seller shall likewise require his contractors. if any, to provide for such compensation and in e. Before any of the Sellers or his contractors employees shall do any work upon the promises of others, the Seller shall famish the Purchasm with a cenlfica e that such comp u salion and insurance have been provided. Such cetificmes shall specify the date when such compensation and insurance have been provided. Such cetificates 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 of my kind or nature w1maeever to groom or property ranged by or resulting fmm Use execurion of the work provided for in Nis purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers oorm, agents and employees fmm and against my and all claims, losses, damages, charges or expenses, whether direct or indmar, and wheber to persons or property to which the Purchaser may be put cur subject by reason of my act, action, Milken, omission or default on the part of the Seller, My of his contractors, or my of the Sellers or conclusions officers, agents or employes. In two my suit or other proceedings shall be brought against the Purchaser, or its oRcers, agents or employees at my time on account or by rwssrn of my ant, action, neglect, omission or default of the Seller of my of his conlracors or my of its or their olBc tax. agents or employees as aforesaid, the Seller hereby agrees a assume the defense thereaf and to defend the same at the Sell. own expersse, he coy my and all costs, charges, momeys fees and order expense; my and all jeal a eau than may be incurred by or obtained against the Purcbsser ar my 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 ubtawed agvirut the property ofthe Purchaser, or said parries in or w a result of such suits or other proceedings, Ore Seller will m race caum the sore m be dissolved and diaharged by giving bond or otbewise. The Seller and his coatmcuum shall take all wfety precautions, famish and install all guards necessary, for the prevention of accidents, comply with all laws and regulations with refund to safety including, but without limitation. Ore Occupational Safety red Health Act of 1970 and all miles and regulations issued pursuml thereto. Revised =010