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HomeMy WebLinkAbout539186 - PURCHASE ORDER - 9143604Fort Collins Date: 06/26/2014 Vendor: 539186 CITY PLANTSCAPING LLC 11977 BLAKEFORD ST PARKER CO 80134 PURCHASE ORDER PO Number Page 9143604 1012 This number must appear on all invoices, packing sli s and labels. Ship To: CITY MANAGER CITY OF FORT COLLINS 300 LAPORTE AVE CITY HALL WEST - 1ST FLOOR FORT COLLINS CO 80521 Delivery Date: 06/26/2014 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price i Living Wall Project - Flex Pan els 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 LS 6,290.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order'ferfns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By salute the City of Fort Collins is exempt from some and local axes. Our Exemption Number is 11. NONWAIVER, 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Puahoser to insist upon stnm performance of the turns, and conditions hereof, failure or delay to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 mf exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance arm payment for goods hereunder m approval ofte design, shall not aleane the Seller of Goods R jetted. GOODS REJECTED due a failure to meet specifications, either when shipped or due to def 6 of any of the o—lies or obligations of this pumhuc order and shall not be dinned a waiver of any right of the damage in .-it. may ha returned to you for credit and are rat to ha rtplmd except upon nocip, of winners purchaser, Insist upon strict perk aria hertofm any of its rights or readies ss to any such Bcods, regardlcs instructions from the City of Fon Collins. of when shipped, received or accepted, is to any prior m b subsequent default recnur der, nor shall any pported oramo dification odification or rocission of this purchase order by the Purchaser operate as a waiver of any of the trans Inslsection. GOODS are subject, the Coy of Fort Call. ou safon on arrival. hnmf. Final Acceptance Receipt of no merchandise, service, or equipment in response ,this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authonsd payment on the pan of the City of Fan Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual a mic Bounce, overcharges resulting from antitrust ACCEPTANCE. is dependent upon completion ofall applicublera,fired ungracious procedures, violationhom s arc in fact e by the Purchaser. TheretoforeTheretofore, good cause and as consideration for executing this purchase order, the Seller hereby assign to the Purchaser any and all claims it may now have or hereafter Freight Terns. Shipments must be F.O.B., City of Fon Collins, 700 Wood St, pan Collins, CO 90522, unless acquired under federal or sate antitrust laws for such overcharges relating to the particular goods or services otherwise spccife l no this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser puncent, this purchase order. III l must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SI!LLLNS OBLIGATIONS. Shipment Disamee. Where manufac,ras have distributing points in croican pans of the country, shipment is If the Purchaser directs the Seller o correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution Paint to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller toast er indfeares its inability or unwillingness to comply, the Purchaser shfpmcnta are mnde from gamer distance. may muse the work to be perfumed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Pamits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the sate, 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 masher agrees to hold the City of Fort Collins motors, from and against all liability and loss invocred by them by reason of an revered or established violation of any such laws, regulations, ordiaanccs, roles and rrquirementi. Authorization. All panic to this contract agree that the represen hives are, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limier acceptance to the trams aM conditions sated herein set tomb mid any supplemenary or additional toms and mNitions annexed hereto or incorporated herein by reference Any additional or diffeam arms and condition' proposed by seller art chaparral to and hereby jested. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immdieady ifyou canner make complete shipment to arrive on year promised delivery date Of noted Time is of the cssem'e. Delivery and performance must be effemed within the time sated on the purchase order and the documents attached hereto. No wait of the Purchasers including, within limitation, acceptance of partial late deliveries, shall operate as a wafer, of this provision In the event of any delay, the Purchaser shall have, in addition, other legal and equitable remedies, to 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 and reasonably foreseeable which are beyond its reasonable central and without its End, of negligence, uch acts of God, acu Of civil or cat Wary notharrifics. vocrarrood priorities, fors, strikes, it d. epidemics, riots provided tat rimier of the conditions causing such delay is given to the Purchaser within live (5) days of the time when the Seller first received knowledge thereof In the event of any such delay, the slate of delivery shall be extended for the period equal to the time acmal Iy 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 andror other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care mad competence in accordance with accepted smdards I'or work of a similar names. The Seller agrees to hold me purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wammty. The Seller shall replace, repair or make good, without cost no the purchaser. any defects or faults arising within one (1) year or within such longer perod of time as may be proscribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods frmiand hereunder (acceprmce not a he unreaorably delayed), ravishing from imperfect or defective wink done or matseriah f fished by me Sella Acceptance or rase of gtsds by the Pumhattrshall nor constlmre a waiver, of any claim under this wvrmry. Forms as otherwise provided in this purchase oMe,. the Sellers liability hereunder shall extend to all damages pmximarely caused by me breach of any of me f going wamm,in or guarantees, but such liability shall in an event include loss ofpmfi6 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 written change order. 5. Cl IANGES IN COMMERCIAL I ERMS. The Purchaser may make any changes to the temm, other than legal terms, including additions to or deletions from the quamioet originally Ordered in the specification, or drawings, by verbal or written change order. If any such change affects the unusual due Or the time Of,wamr-manc, hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, erminate this agreement m to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties in to any work or monarch then in progress provided that the Purchaser shall not be liable for any claims for anticipated prolita on the uncompleted portion of the gmnh and/or work, for incidental or consequential damages, and that no such adjustment Ise made in favor of the Seller with aspen m any Goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to my goods delivered hereunder, 2. CLAIMS FOR ADJUSTMENT. A, claim for djns,ment .1 be aaenad within thirty (30) days fmm the dare the change or temrireation is ordered. 8. COMPLIANCE WITH LAW. The Seller wartanu f, all good sold hereunder shall have been prduced, sold, delivered and fumuhed in strict compliance with all applicable laws ark negotiators to which the goods ma subject. The Seller shall execute and deliver such documents in may he normal to effect or evidence compliance. All laws and agulatim6 required to be inaugurated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all Ores and damages auRcred by the Purchaser, as a result of to Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or m become due hereunder without the prior writers consent ofte other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and Items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrancra and claims of others. 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 release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, oRcers and employees OLoch party. The Sellers contractual obligations, including warranty, shall not be deemed so W seduced, in any way, because such neck is performed or caused to to performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by levee patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for inGngemem by reason of the use of such parented design, dexim. natural no paces in correction wit the contract. and shall indenudfy the Producer for arty cost, expense or damage which it may he obliged to pay by teases of such infringement many 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 goods, is in such suit held to mmdamte infringement and the toe of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procum for the Purchaser the right to continue using said equipment or forms, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes mnfnfringing. 15. INSOLVENCY. If the Seller shall become insolvent or banknipt, make an assignment for the benefit of creditors, appoint a aor assume for any Of the Sellers propcny or business, this under may forthwith be canceled by the Purchaserwithout liability. 16. GOVERNING LAW. The definitions, of team used or the interpretation of the agreement and the rights of all panics hereunder shall be convinced under and govcmd by the laws ofthe Sate ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including me services ofScila. Represenarro(s), oa the premises of others. I). SELLERS RESPONSIBILITY. The Seller shall Barry oa said work at Sellers no rink until the same is fully completed and acceptN, atd shall. in ease of any accident, destruction or injury , the work output mmmals bet Sellers Final completion and acceptance, complete the w'mk at Sellers own expense and to the satisfaction of the Purchaser. \Men materials and equipment arc fumishd by others for installation or erection by the Seller, the Seller shall receive, unload, swat and handle same at the site and become responsible therefor ns though such mmmala anNar equipment were being fished by to Seller comer the order. 18. INSURANCE. The Seller shall, m his own expense, provide for the payment of oorkers compensation, including Occupational disease benefit, mils cmployecs employed on or in connection with the wink covered by this purchase order, and/or to their dependents in attendance with the laws of the state 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 insomne. with bodily injury and death limits arm least $300,000 for any one person, $500,000 for any one accident and property damage limit per accident of $400,000, The Seller shall likewise require his contractor, if any, to provide for su It compensation and insurance. Before any of the Sellers or his contractor, employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a eenffeme than such compensation and insurance have been provided. Such certificate shall specify tier date when such compensation and insurance have been provided. Such contains, shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until alter 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, lass or injury ofmy kind r nature whmsoser to persons or property caused by or resulting fmm the execution of the work provitkJ for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any cr all of he purchasers oRcer,, agents and employees from and a,ma, any and all claims, losses, damages, harges or expenses, whether direct or idirect, canal whether to persons or popery, to which the Purchaser may be put or subject by ¢eon of my act, action, neglat, omission or default on the pan of to Seller, any of his contmc,rs, or any of the Sellers m compact. oRcers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, our its officers, agents or employees at any time on account or by reason of any act, nation, neglect, omission or default of me Seller of my of his economics or my of its or the. officers, agents or employees as aforesaid, me Seller hereby agrees to assume the defame thereof and to defend me same at the Sellers own expense, to pay any and all costs, charges, anomeys fees and other expenses, my aM all judgments that may M incurred by or obtained against the Purchaser or any of its or their officers. agents or employees in such suits or offer proceedings, and in case judgment m other lien be placed upon or obtaind against me property of the Purchaser, or said parties in or as a result of such suits or other proceedings. the Sella will at once cause the same to be dissolved and dischargd by giving bond or otherwise. The Seller and his contractors shall rake all safety precautions, famish and insall all gul at., for the preemie. of accidents, comply with all laws and regulations with regard m safety including, but without limitation, the Occupational Safety and Heads Act of 1970 and aI I roles and regulations issued pursuant there,. Revised 03/2010