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HomeMy WebLinkAbout127468 AQUATIC AND WETLAND COMPANY - PURCHASE ORDER - 9144766PO PURCHASE ORDER 914476er Page C117/ of PURCHASE 44766 1 of 2 ' `tCollins( This number must appear V J on all invoices, packing sli s and labels. Date: 08/18/2014 Vendor: 127468 AQUATIC AND WETLAND COMPANY 9999 WCR 25 FT LUPTON CO 80621 Ship To: NATURAL AREAS CITY OF FORT COLLINS 1745 Hoffman Mill Road FORT COLLINS CO 80522 Delivery Date: 08/1812014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price i Wetland Plants for Shields Pit 1 LOT LS 6,961.50 per quote dated July 23, 2014 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 .50 Pay terms net 30 days 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fart Collins is exempt from state and local axes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000589 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), 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 goads hereunder or approval fthe 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 wameram, or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in tmmih may he mtumed to you for credit and are not to be replaced except upon receipt of wnten pumhaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless instructions Gam the City of Port Collins. of when shipped, received or accepted, as to any prior or subsequent default hereander, nor shall any purported oral modification or rescission of this purchase order by the Purchaser porous as a waiver of any of the firms Inspection. GOODS are subject to the City of Port Collins inspection on arrival hereof Final Acceptance. Receipt of the merchandise, seryor 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 Seller and the Purchaser recognize that in moral economic practice, o erahmre ges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable recbralimpection procedures. violations are in fact home by the Purchaser.Theretaforefoar good cause and as consideration for executing this purchase order, the Seller hereby assigns m the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating m Joe particular goods or services otherwise specified im this ontc, Devoutness is Given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order, bite most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have disibating points in sensors Pans of the country, shipment is If the Purchaser direct the Seller to correct nonconforming or defection goods by a date to be agreed upon by the expected from the neatest distribution point to destination, and excess freight will be deducted fore Invoice wheat 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 performed by the most expeditious means available to it, and the Seller shall pay all cost associated with mch work Permits_ Seller shall procure or sellers sole cast all necessary permits, certificates and licenses required by all applicable lax,, regulations, ordinances and tales of the state, municipality, trachory or political subdivision where the work is perfarmrt, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to bold the City of Pan Collins harmless from and against all liability and loss anderred by them by reason of an assured or established vialmom of way such laws, regulations, ordinances, rains raquir meat. Amber riashm, All parties to this contract agree that the representatives 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 toms and conditions annexed hereto or incorporated herein by reference Any additional or different leans 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 document attached hereto. No ask of the Purchasers including, without limilwion, accepaoce 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 ofplaeiag 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 control and without its fault of negligence, such acts of God, acts of dull or military andambies, Woommental priorities, fires, strikes, flood, epidemics, wars or pots provided that notice of the conditions cousin, such delay is given to rite Purchaser within five (5) days of the time when the Seller for received knowledge thereof In the event of any such delay, the date of delivery shill be extended for the Period equal to the time acnmlly lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other dembrio ens given, will be fit for the purposes imported, 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 lass, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of watmnty. The Seller shall replace, repair of make Road, without cost to the purchaser, any defects or faults mo ng within one (I) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from impro t or defective work done or matarims Finished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty, Except as otherwise provided in this purchase under, the Sellers liability hereunder shall extend to all damages pmximamly caused by the branch of any of the foregoing war sem, or guarantees, but such liability shall in no event include less 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 terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may mike any changes to the mores, other than legal terms, including additions to or deletions from the guamiries originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the mooing due or the time ofpedrrmance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Produces, may ere any time by written change order, terminate this agreement as to any or all random of the goods then not shipped, subject to any equitable adjustment between the ponies as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits can 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 of any oftheir obligations as to any goods delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is entered. 8. COMPLIANCE WITH LAW. The Seller somm is that all goods sold hereunder shell have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject- The Seller shell execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required in 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 is 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 poor written co rant of the be, it,. 10. TITLE. The Seller warrants Fill, clear and unicameral title to the Purchaser for all ryuipmm'. metedals, and if. famished in psaffibreassion of dr s agreement, free and clear of any and all liens, restrictions, reservations, security interest eocumbmn es and claims of others. The Seller shall release the Purchaser and its contractors of any her from all liability and claims of any name resulting bona the pedoamance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such patty. The Sellers contractual obligations, including warranty, shill 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 hiamless the Purchases from any and at I 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 port thereof or the intended use of the goods, is in such suit held to eaamimte inGngement and the use of said equipment or part is enjoined, the Seller shall, at its own 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 n rninfringing equipment, or modify if so it becomes reconGmging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a woriver 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 squabs used or the imerpreotion of the agreement and the right of all parties hereunder shall be conserved under and guvemed by the laws of the State of Colorado, USA. The following Additional Conditions apply card, in cases where the Seller is to perform work hereunder, including the survivor of SelleN Representative(s), on the premises ofothen. 17. SELLERS RESPONSIBILITY. ' The Seller shill party, on said work at Sellers own risk mind the same is fully completed and accepted, and shall, in se of any accident, demolition or injury to the work solmr materials before Settees final completion and acceptance, complete the work at Sellers ow'n expense and Jo he summooion of the Purchaser. When nationals and equipment are furnished by others fur 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 murder equipment were being famished 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 parchise order, andor to their dependents in accordance 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 insurance with bodily injury and death limits of at least E300,000 for any one poop, 550a0,W0 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his ontract , if any, to provide for such compensation and insurance. Before any of the Sellers or his conuaenorn employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a ceniBcam that such compensation and insurance have been provided. Such confesses 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 of any kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work prmided for in this purchase order or in connection herewith The Seller will indemnity and hold hmmless the Purchaser and any r all of the Purchasers 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, omission or default on the part of the Seller, any, of his contractors, or any of the Sellers or contamons oti en, 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 oRicars, agents or employees as aforesaid, the Seller hereby agrees to assume the defuse thereof and to defend the same at the Seller own expense, to pay any and all costs, charges, anumeys 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 suit or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such sulk or other proceedings, the Seller will at once com, the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precaurims, Furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without Insulation, the Occupational Safety and Health Act of 1970 and all tales and regulations issued pursuant thereto. Revised 07/2014