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HomeMy WebLinkAbout125076 PAWNEE BUTTES SEED INC - PURCHASE ORDER - 9146454Fort Collins Date: 11/04/2014 Vendor: 125076 PAWNEE BUTTES SEED INC PO BOX 100 GREELEY CO 80632 PURCHASE ORDER PO Number Page 9146454 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: NATURAL AREAS CITY OF FORT COLLINS 1745 Hoffman Mill Road FORT COLLINS CO 80522 Delivery Date: 11/04/2014 Buyer: JOHN STEPHEN Note Line Description Quantity UOM Unit Price Extended Ordered Price CRN69 1 LOT LS 11,811.30 Per quote dated 10-14 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.wrn 1.30 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 I. COMMERCLV.DETAIIS. Tax exemptions. By statute the City of Fan Collins is exempt mom state and local rages. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84L000589 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sal 1973, Chapter 39-26, 114 (a). Good Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or doe to d,mas of damage in transit, may be «tamed to you for credit and arc not to be replaced except upon receipt of written instructions from the City of Tom Collins. Irepcetion. GOODS are subject m the City of Fon Collier inspection an arrival. Final Acceptance. Receipt of the merchandise, servicas or equipment in raps. 1. this order cam fault in authaiaed payment oa the pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable rumored inspection procedures. Freight Terms. Shipments must be F.O.B., City of Fan Collins, 700 Wood St, Fort Collins, CO 80522, unless otherwise specified on this order. Upermission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for parking will not be accepted. Shipment Distance. Where manufacutreas have distributing points in carrions pans of the country, shipment is expected from the nearat distribution poimt to destitution, and excess freight will be deducted fmm Invoice when shipments are madef greater distance. Permits. Seller shall proem¢ at sellers sole cast all necesmry permits, ceni0cata and lice. required by all applicable laws, regulations, ordinances sad aides of the stem, municipality, terrimry o political m6hvision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller buffer agrees to hold the City of Fort Collins harmless from and against all liability end loss reed by them by reason of an asserted or established violmion of any such laws, regulations, ordinances, mles incurred no requirements. Authoriution. Ail parties to this contract agree Out fee representatives mac, in fact, bow fide and possess full and confirm authority m bind said panic. LIMITATION OF TERMS. This Purchase Order expmssly limits acceptance to the retire and conditions vented herein set fond and any supplementary or additional firm, aal conditions r mexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected mend hereby jested. 2. DELIVERY. PLEASE. ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your pmnused delivery date as noted. Time is of the essence. Delivery and performance must be efiecmd within the time stated on the purchase order and the driaments attached herein. No acts of the Purchasers including, without Imitator, iiar,fmce of partial lute deliveries, shall opemtc as a waiver of this provision. In the event ofany delay, Ras Purchaser shall have, in addition to offer legal and equitable remedies, the option of placing this order elsewhere and holing the Seller liable for dama%a. llowevcf, the Seller shall not be liable fen damages as a moult of &days due to cars art masombly foreseeable which are beyond its reamnable control and without its fault of negligence, such was ofGnd, acts ofci,il or military mthositla, governmental priorities, fires, strikes, Rood, epidemics, wens or riots provided that notice of the conditions causing such delay is give. to the Purchaser within five (5) days of the time when the Seller lint received knowledge thereof. In the event of any such delay, the dam o'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 sandbox other descriptions given, will be ❑t for the purposes intended, and performed with the highest degree of care and eampnem'e in accordance with accepted standards for work of a similar more. The Seller agree to hold the purchaser hmmless fmm my loss, damage or expiate, which the Purchaser may suRbr or manna ...at of the Sell. breach ofwa ,y. The Salla shall replace, repair or rake good, without test to the purchaser, any defects or faults arising within one (I) year or within such longer period of time as may be pracribel by law or by the teens of any applicable warreny provided by the Seller after fire date of acceptance of the goats fumished hereunder (acceptance not to he unreasonably delayed), insulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not institute a waiver of any 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 lass of uw. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser nay make changes 10 legal terms by written change order. A CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the mares, other than legal rem,, including additions m or deletions from the quantities originally ordered in the speci fiwlions or drawings, by verbal or written change order If any such change alfecs the cannot due or the time ofp,drmance hereunder, an quitable adjustment shall be made. 6. TERMMATIONS. Ile Purchmer may in any time by written change order, ma rmare this agreement as to any or all portimss of the goods then not shipped, subject to any equitable adjtmmenl between the parties as m my work or materials then in progaw Provided that the Purchaser shall not be liable for any claims for anticipated profs on the uncompleted portion of the goods ad/or work, for incidental or camaplentul damages, and fact no such ndlttsMrnf be made in favor of the Seller with mi,ecno any good which art the Sellers sanaa d snick. No such termination shall mIm c the Purchaer or the Seller ofany of their obligation as to my goad delivered hereunder. 7. CLAIMS FOR ADIUSTM ENT. Any claim for adjustment must be asserted within thirty (30) days from the dale the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that till good sold hereunder shall have been produced, sold, delivered and Finished in sfricl compliance with at applicable laws and regulators to which the goods nut subject The Sella shall execute and deliver such documents a may be required to effect or evidence compliance. All laws road regulations required to be incorporated in agreements of this chroma are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all cos, and damages sufficed by the Pmchuer as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall resign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10, TITLE. The Sella wammts full, clear aad uvresboard title 1a the Purchaser for all equipment, materials, and it. fumshed in performance of this agreement, her out clan of any and all liens, resmictiom, aaerwnon, wariciy inleaest ear ambmncr and claims fothers. 11. NONWAIVER. Failure of the Purchaser m insist upon area performance of the terms and mMidons hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance for payment for goods hereunder or approval of the design, shall not release the Seller of any ofthe warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goads, regardless 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 to a waiver of any of the teens hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchase recognize that in actual economic practice, overchaga resulting from antitrust violations are in fact home by the Pumhrea. Theretrfore fogood causa and m consideration for executing this purchase order, the Seller hereby resigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or shire antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser p nsurd to this purchase order. 13. PURC14ASERS PERFORMANCE OF SELLERS OBLIGATIONS. Iftlrc Purchaser directs the Seller to correct aoneonfarming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious mamas available to it, and Bar Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contactors of any tier fmm all liability and claim, of any nature resulting from the performance 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 employer afs.ch parry. The Sellars contrecnW oldiptions, including wenant, shall not M deemed to Ix reduced, in any way, because such work is Performed or caused to be, performed by the Purcham. 14. PATENTS. Whenever the Seller is required to use my design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save hamiass the Purchaser from any and all claims for infringement by reason of the ace of such pmeated design, device, material or process in connection with the contract, and shall indemnify toe Puacoasa 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 ryuit mete, ar any pan thereof or the intended m, of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the puteomer the right to continue using said equipment or pans, replace the same with substantially equal but noninfdnging equipmeat or modify it so a becomes mninGnging. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or muster for my of the Sellers propertyor business, this order may forthwith be canceled by the Purchastt without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights ofall ponies hereunder shall be construed under and governed by the laws ofee State ofColomdr, USA. The following Additional Conditions apply only in caters where the Seller is to perform work hereunder, including the services ofSellm Re wear ative(s), on the premiss ofothm- 17. SELLERS RFSPONSIBI LITY. The Seller shall carry an said work at Sellers own risk until file same is fully completed and accepted. and shall, in arse of any accident, destruction or injury m the work arndbr mammas before Sellers final completion and acceptance, complete the work at Sellers awn expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Sella, the Seller shall receive, unload, store and handle same at the site and became responsible therefor as though such materials and/or equipment were being fumsM1ed by the Seller under the order. 18. INSURANCE. The Seller shill, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed ore or in connection with thy work covered by this purchase order, stupor to their dependents in accordance with the laws of the sure in which the work is m be dote. The Seller shall also any, comprehensive general liability including, but not limited m, commnual and automobile public liability insurance with haddy injury and death limits of at least S30al" for any one person. S500,000 for any one accident and property damage hmit per accident of $400,000. The Seller shall likewise minim his ontramn, if any, to provide our such compensation and insurance. Before any of the Sellers or his contacors employees shall do any work upon the premiss of others, the Seller shall famish the Purchaser with a cadificale that such compenation and insurance have been provided. Such certificate shall specify the date when such compensation and insumnce have been provided. Such certificates shall specify the date when such compartim and insurance expires. The Seller ogees that such compartment and insurance shall be maineur rd until after the .if. walk is completed and accelead. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seiler bereby wr r the entire revs eibiliry and liability for any and all damages loss or injury of—y kind or nature wha,oever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my r all of the Purchasers ofart, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether o persons or property m which the Purchase may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, my of his contra mrs, or any of the Seles or amtrsa. officers, agents of employrea In cas, any it or order proceedings shall he brought against the Purcha , or its offcm, agent or employtts an my time on account in by team. of my act, action, ae l., omission or default of the Srller of any of his contractors or my of its or their oilicm, agents or employees as mansard, the Seller hereby agrees m assume the defense thereof and to defend the same at the Sellers own expense, to pay any mail all casts, charges, atomrys fees and other expenes, any and all judgments that may he incurred by or obtained against the Purehaser or my of its or Net officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon err obtained against the property of the Purchase, or said parties in or as a result attach suits or other proceedings, the Seller will at once cause the some to Ise dissolved and discharged by giving band or otherwise. The Seller and his contractors shall take all safety precautions, fumish and install all guards nra., for the rever n.. of accidents, comply wit all laws and regulations with regard to safety iaclndmg, but without limitmio% the Occupational Safety aad Health Act of 1970 and all rules al regulation issued parsoant theeem. Revised 07R014