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HomeMy WebLinkAbout532045 GRANITE SEED COMPANY - PURCHASE ORDER - 9146455Fort Collins PURCHASE ORDER PO Number Page 9146455 10f2 This number must appear on all invoices, packing sli s and labels. Date: 11/04/2014 Vendor: 532045 Ship To: NATURAL AREAS GRANITE SEED COMPANY CITY OF FORT COLLINS 490 E 76TH AVE UNIT A 1745 Hoffman Mill Road DENVER CO 80229 FORT COLLINS CO 80522 Delivery Date: 11/04/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 CRN06 1 LOT LS 18,170.98 Per quote dated 10-14 2 SPN Upland 1 LOT LS 4,449.60 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 Total $22,620.58 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By stamte the City of Fort Collins is exempt from state and local tans. Our Exemption Nmnber ex I L NON WAIVER. 98-04502. painful Excise Tax Exemption Canifcate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaxer of insist upon strict perfomance of the recruit, and conditions hereof. failure or delay of Intend Revenue, Denver, Colorado (Ref. Colorado Revised Sumtei 1973, Chapter 39-26, 114 DL exercise any rights or remedies presided herein or by law, failure to promptly notify the Sella in the event of a breach, the acuptantt of or payment for goods heranda or approval of the design, shall rant cetera, the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due m defects of any of the warranties or obligations of this purchase order and shall Hot be deemed a waiver of any right of the damage is transit, may be rammed to you for credit and me not m be replaced except upon receipt of wrinen purchaser to insist upon strict performance hereofor any of its rights or remedies s of any such good, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, w, to any prior or subsequent default herewdn, nor shall any purported owl modification or rescission of this purchase offer by the Purchaser operate w a waiver of any of the terms Insparum. GOODS are subject at he City of Fort Collins inspection on mrival. hereof. Final Acceptance. Receipt of the merchandise, u or equipment in response as this order coocrack in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment oa the pan of the City of Fort Collins. However, it is to be ufndmtond thatFINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon mmpinion of all applicable required unification procedures. violations are in fen, bone by the Purchase, Theretofore, for good catu and as comaderman for executing this purchase offer. the Sella hereby assigns to the Purchaser any and all claims it may now have at hereafter Freight Teens. Shipments most be F.O.B., City of ran Collins, 20o Wood St, ran Collins, CO 80522, unleas acquired under federal or state ontilout laws for such overcharges relating in the particular good or address otherwise specified on this order. If permission is given he prepay freight star charge separately, the original freight purchased or acquired by the Purchaser pursuant m this purchase order. toil I most accommnv invoice. Additional chances; for mckint, will not but accented. Shipment Distance. Where manufacturers have dourbming points iv various pans of the country, shipment h expected from the wariest disuibution noun to destination, and excess freight will Is, deducted from Invoice when shipments ere made from Ruder distance. Proclaim Seller shall procure at sellers sale cost all necessary permits, certificates and licenses restricted by all applicable laws, regulations, ordinances and roles of the stare, municipality, territory or political subdivision where the work is perforated, or required by any other duly rofutimted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins hmmless from and against all liability and loss incurred by them by cousin of an asserted or established violation of any such laws, regulations. ordinances, voles and requirements. Authorization All parties to this mntwct agree dial the reprcsenatives are, in fact, bom fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This purchase Order expressly limits acceptance 1. hr terms end conditions staled herein ad forth and any supplementary or additional tents and conditions annexed hereto m incorpomted herein by reference. Any additional or different team and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately try. cannot make curable shipmcnl m arrive on your promised delivery data us noted. Time is of the essence. Ddivrry aria performance must be elfenr l within the time stated an the purchase order and the documents arlwhed hereto. No acts of the Purchasers including, without limitation, acceplance w,wro it late deliveries, shall operate m a waiver of this Provision. In the event army delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option aplacing this offer elsewhere and holding the Sella liable for damages. [however, the Seller shall not be liable for damages as a result of delays due to causes not wasombly foreseeable which an, beyond its reasonable control and without its fault of negligence, such acts of God, acts ofeavil or military authorities, governmental priorities, fins, strikes, Rood, epidemics, was or riots provided that notice of the conditions causing such delay is given to the Parchser within for (5) days of the time when the Seller first received knowledge factor In the event of my such delay, the dale of delivery shall be extended for the refund egml to 1a lime actually lost by reason of the delay. 3. WARRANTY. The Sella wanartts Nat all goods, anicls, mammas and work covered by this oMer will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes inodi and pro omted with the highest degree of are and competence in accordance with accepted standard for work of a similar name. The Seller agres to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wep arranty. The Sella shall replace, can it or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by low or by the corms of any applicable wartanry provided by the Seller and the date of acceptance of the goods famished hereunder (mceprance not to b, unseasonably delayed), resulting from impeached or defective work done or materials frmishr l by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver of any claim coda his wananry. Except as otherwise provided in this pumhax ands, the Sellers liability hereunder shall extend to all damages proximawly caused by the breach of my of she foregoing warmntis or gumanters, bur such liability shall in no evens include Ins of profits 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 10legal tams by wdnm change oder 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions firm the quamities originally ordered in the specifications or drawings, by verbal or ran for change order. If any such change affects the amount due d the time of psaf manic hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purehser may at any time by wriven change aide,, wrmimte this agreement es m any or all portions of the goods then not shipped, subject to any equitable adjustment between the panic at, to any work or =[costs then in progress provided that the Purchaser shall m1 be liable for any claims for anticipated profits on the uncompleted ponion of the goods indoor work, fine incidental or coaseque lard damages, and that no such adjuration be, fnade in favor of Raw Sella with respect to any geed which era the Sellers Hartford stock. No such tefmimtion shall wlieve gar Purchser or to Seller of my afthii, obligations as to my good delivered hadmin r. 7. CLAIMS FOR ADJUSTMENT. Any claim tar adjustment muss be assured widen thins (30) days from Hie dte the change or lernimliot is Ordered. I. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and fumisbed in strict o n,llance with all applicable laws and regulations ta which the good an, subject. The Seller shall execute and deliver such documents az may be requied in effect or evidence compliance. All laws and regulations required to be incorporated in ageeme.N of this character arc hereby incorporated herein by His reference. The Sella agrees to indemnify and hold the Puceaer hermleas from all cots and damages mffeml by the Purchaser as a court of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, manager, or convey this order, or my movies due or in become due hadwJax withmt the PH. wrimen Co., of the whir party. 10. TITLE. The Sella warrants full, clear and unrestricted title to the Pumhasa for all ryuipmenL materials, and items famished in performance of this agreement free and dam of any and all liens, restrictions, reservations, security interest encumbwncs afar claims ofothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Sella I. tarred namm.f rrming or de&mlve goods by a date b be agreed upon by the purchaser and the Seller, and the Seller thereafter indicals its inability or wwillingueu to comply, the Purchaser may cause the work to be performed by the most expeditious an. available to it, and the Seller shall pay all casts associated with such work. The Sella shall relese the Purchaser and its contractors or any tier from all liability and claims of any nature resulting from the Performance of such work. This release shall apply even in the went of fault of negligence of the pray released and shall extend to the directors, oReers and employees of such party. The Sellers contractual obligations, including warranty, shall not be deemed of be reduced, in any way, because such work is performed or cared Ia be Performed by thr Purchaser. 14. PATENTS. NTenever the Sella is required muse my design, resort, material or process covered by liner, parrot, trademark or copyright, the Seller shall indemnify and save bannlss the Purchaser Gam my and all claims far inGngcmem by reason of the use of such patented design, device, mamrial or poorest in mwecoion with the contract, and shall mdrmnify the Pmchaer for any cost, expense or damage which it may, be obliged 1. pay by Tema 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 goods, is in such suit held to constitute infdngensm and the use of said equipmnm or pan 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 pens, replace the same with substantially equal bur noninffnging equipmem, or modify it sa it becomes waicmaking. 15. MSOLVENCY. If the Sella shall become insolvent or bankrupt make an assignment fen the benefit of dedimn, appoint a reversed or trustee for any of the Seller property or business, this order may forthwith the canceled by she Purcas her without liability. 16. GOVERNING LAW. The definitions eff iene, used or the interpretation of the agreement and the rights of ail panic hereunder shall be construed under and governed by the laws order State ofColomdo, USA. The following Additional Conditions apply only in taus where the Sella is m perform work hewunder, including the services of5ellers Representative(s), on the premises afathers. IT. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, unit shall, in u of any accidem, destitution 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 materials and equipment ace furnished by offers for installation or sanction by the Sella, the Sella shall taeive, unload, store and handle scene at the site and became responsible durefor as though such materials and/or equipment were being famished by the Seller under the oMer. 18. INSURANCE. The Sella shall, at his own expense, provide for ra payment of workers mmpematioth including occupational disease benefs, to its employees employed on or in correction with the work cmeocd by this purchase offs, andtor to their dependents th 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 5300,000 for any one person, $500,000 for say one accident and prepeTy damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and intricate Before my of the Sellers or bit —Inato , employees shall do ray work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such ompeaation and insurance have been provided. Such candidates shall specify the date when such compensation and insurance expires. The Sella agrees that such compensation and insurance shall a maintained until after the entire work is completed and accepted In. PROTECTION AGAINST ACCIDENTS AND DAMAGES. For, Sella hereby assumes the moo, mrsoc ibiliry and liability for my and all damage, loss or injury army kind Or more whatsoever topassipropertypeor property caused by or resulting form the execution of the work provided for in tis pureha¢ order or in connection herewith. The Stile will indemnify and bold harmless Bra Purchure and any r ell of the Purcbaen of rds. .germ and employers from and officer ray and all claims, Imes, damages, charges or rxpenses, whether direct or indirect, and whether to Famous or property w which the Purchaser may be put of mbjecl by reason of any act. action, neglect. omission or defult on the pan of the Sale, any of his radiation, or any of the Sellers or contractors officers, agents or employes. 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 olicew, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thermr and to defend the same at the Sellers own expense, m pay any and all costs, charges, attorneys fees and other expenses, my and all judgments that maybe incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien he placed upon of Obtained against the property ofthe purchaser, or said penis in or as a result of such suits or other proceedings, tls Seller will in aria cause the same m be dissolved and discharged by giving and or otherwise. The Sella and his contractors shall sake all safety preceutimxs, famish and install all guard necessary for the prevention of accidents, comply with all laws and regulations with regard as safety ischising. but without limitation, the Occupational Safety and Health Ad of 1970 and all rates and regulations issued pursuant thecen, Revised Mall14