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HomeMy WebLinkAbout131631 WESTERN NATIVE SEED - PURCHASE ORDER - 9146456Fort Collins Date: 11/04/2014 Vendor: 131631 WESTERN NATIVE SEED PO BOX 188 COALDALE CO 81222 PURCHASE ORDER PO Number Page 9146456 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 Buver: JOHN STEPHEN Note Line Description Quantity UOM Unit Price Extended Ordered Price SPN01 1 LOT LS 1,566.30 Per quote dated 10-14 2 SPN02 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 740.41 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. COMMERCIALDETAIIS. Tax exemptions. By some the City of Ford Collis is exempt fmm cute and Imal axes. Ow Exempdan Number is I I. NONWAIVER. 98-0s502. Federal Excise Tax Exemption Cenificme of Registry 84fi000589 is registered with the Callam, of Failure of the Purebuer as insist Frown strict performance of the toms and mumbfiom lareof, failure or delay to Internal Revenue, Dmvm Colorado (Ref. Calomel Revised Statistics 1973, Chapter 39-26. 114 (a). exercise any rights or temedles provided begin in by law, failure to promptly notify the Seller in f event of a breach, the scam. of or payment for goods hereunder or approval ofthe design, shall not release the Seller of Good Rejmud, GOODS REJECTED due to failure to men spmifimsiots, either when shipped or due to demos of MY of the warranties or obligations of this purchase order and shall not be, dcemed a waiver of why Fight of the damage in tramit, may be rammed to you for credit and are not to be replaced except upon Farris of wrimen purchaser to insist upon strict permanence hereof or any of its rights or remedies as many such goods, arguing. instructions firm the City of Fan Collins. t of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall my purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fart Collins impoom n on ardvul. hermf. Final Acttplance. Receipt of the merchandise, services or egnipmmf in response to this order can result in authorized payment on the pan of the City of Fort Collins. However, d is to be understood that FINAL ACCEPTANCE is dependent upon completion ofail applic ble rryulyd irsspection procedures. Freight Terms. Shipments must o F.OT., City of Fan Collins, 700 Wood St., Fan Collins, CO 80522, unless athemise specified m this order. if pmniuion is given to prepay fight and charge separately, the original freight bill must accompany invoice. Additional charges for parking will not be accepted. Shipment Distance. Where nownfmmms have distributing points in xmots pans of the country, shipment is expected from to nesters distribution point to droination, and excess freight will be deducted from Invoice when shipments is made from grcnta dismnce. Pas s. Seller shall procure at sellers sole cost all necessary permits, corllficmes and licenses required by all applicable laws, regulations, ordinances and roles of the sate, municipality, terimry or political subdivision where the work is performed, ar required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Collins harmless fmm and against all liability and loss incurred by them by reason of M Forward or established violation of any such laws 1 regulations, ordinances, roles and requirements.I Authorization. All parties to this cantmct agree that the representatives are, in fret, bon fide and pa orss full and a mplem authority m bind said panics. LIMITATION OF TERMS. This Purchase Order rxperssly limirs wmptaner 1. to team and mnditiona sated herein set forth and any supplementary, or additional toms and conditions Forward hereto or incorporated boom by reference. Any additional or i ifferrnt team and coadfom proposed by caller ate objectedus and hereby rejmed. 2. DELIVERY. PLEASE. ADVISE. PURCHASING AGENT immrdiauly ifyou carom make cars shipment a arrive oa your promised delivery dame as noted. Time is of the msence. Delivery and performance must be (Record within the time slated on the purchase order and the dommmus attached barto. No is of the Purchasers including, without lineation, acceptance of partial lam deliveries, shell operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equi ale remedies, the Option Of placing this oMef ill and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays den to causes not reasonably foreseeable which art sYond its reasonable Formal and without its fault of negligence, such acts of God, acres of civil or military aulhootics, governmental priorities, But strikes. Rood, epidemics, wars or ticks provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller fair received knowledge Bercof In the event of any such delay. the date of delivery shall be estimated for the omad equal to the time mtmdly Ism by roam. ofthe defy. 3. WARRANTY. The Seller warrants that all goods, amides, materials and work covered by this order will conform with applicable drawings, specifioxi m, samples an1For other descriptions given, will be fit for the purposes intended, and Performed with the highest degree of care and competence in s candnce with accepted mwdads for awk of a similar nature. The Seller agrees to hold be purchaser harmless fmm any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers broach ofwarranty. The Seller shall replace, repair or make goad, without cost to the purchaser, any defects or faults arising within one (1) Year or within such longer period a time as may be prescribed by law or by the terns of any applicable warranty provided by the Seller filer the date of mcepana of the good famished hereunder (acceptance not to her mrainum bly delayed), resulting fmm impM t or defective work done or materials fsmishd by the Seller. Acceptance or use of goods by the Purchaser shall nor constitute a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, be Sellers liability herruMer shall extend to all damp. proximately or m di by the broach army of the foregoing wammties or guarantees, but such liability shall in an event include loss ofpmfits or Inss of tau. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchoser may make changes to legal terms by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes coo the arms, other than legal terms, including additions 10 or deletions ffom the gMnlilies originally ordered in die speci(calmns or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, an equilable adjustment shall be made. 6. TERMINATIONS. The Purchaser cony at any time by warms change me terminate this agreement as 1a any o1 .11 portions of the good then not shipped, subject to any equitable adjustment between the parties as many work or materials then in progress provided that the Purclaser shall not be liable for any claims for anticipated pmNs on she uncompleted portion of the goods anchor work, for iumdental at corsarmntial damages, and Nat to such adjustment be made in favor of the Seller with respect to my goads which are the Sellers standard stook. No such termination shall relieve the Purchaser or the Seller army of their obligations, as to my goad delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for djusnnent must be assured within thirty, (30) days fmm Ilse dam the change or ¢mrimtion is ordered. 8. COMPLIANCE WITH LAW. The Seller warams that all goods sold hereunder shall have been produced, said, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject The Seller shall examine and deliver such documents as may be mluired ro effect or evidence compliance. All laws and regulations amassed to be incorporated in agreements of this character we hereby incorporated herein by this reference. The Seller agree to indemnify and hold hie Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither harry shall assign, hnmfer, in convey this order, or my monies due or m became due hereunder without to poor w ss rn commit Forte tiler party. 10. TITLE. The Seller warrants full, dear and mhmsuicmd title to the Pntcnaser, for all aryipmal materials, and items fumisned in perfotmance of this agreement, face aw l of any and all leers, restrictions, nominations. security interest amount aces and claims ofothers. I 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize For in moral economic practice, ovemhuges resulting from antitrust violations are in fact base by she Purchases. Theretofore, for goad cause and as comidmetim for executing this purchase order, the Seller hereby assigns w the Purchaser any and all claims it nay row have or hereafter required under federal or sum column laws for such overcharges relating m the panimlar good or services purchased or required by the Purchaser pan=? to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Iftbe Purchaser directs the Seller 1. carrea nonconfamhing or &revive goods by n dtr m br agreed upon by the Purthaur and the Seller, ad the Seller mariner indicates its inability or unwillingness to comply, the Purchase( may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all .,is associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any wrote resulting from the perfarmance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend in the directors, officers; and employees afsuch parry. The Sellers contractual obligmon, including.1y, shall not he deemed to be seduced, in my way, because such work is performed or auud to be performed by the Purtbuer. 14. PATENTS. Whenever the Seller is resulted m use any design, device, material on process covered by ma, palm, trademmk r copyright, the Seller shall indemnify and save hmmleas be Purchaser ham my and all claims for infringement by reason of the use of such patented design, device, Finland or process in connection with the contract, and shall indemnify she Purchases for any cost, expense cur damage which it may be obliged to pay by reason Of such infringement at any time during the pmucvtion or after the completion of the work. In case said sompmenl, or any pan thereof or the intended use of the goad, is in starts suit hem to constitute inMngement 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 Purchaser the right to cartime using said equipment or parts, replace the same with amount equal bur naninfdnging equipment, ar modify it so it becomes noninfdnging. 15, INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of stations. appoint a reverver or hmlee for any of the Sellers Pass or business, this order may forthwith be mmeled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms usual or the interpretation ofthc agreement and the nghls ofoll pmies hereunder shall be commued under and govemed by be laws of the Sam of Colorado, USA. The following Additional Conditions apply only in onus where the Seller is to perform work hereunder, including the services of5ellers Rep ..... tive(s), oa the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry, on said work at Sellers our, risk until the name is fully crd,letd and accepted, and shall, in case of any accident, dam c6c. or injury 10 the work ana ar materials before Sellers find completion and acceptance, complete be work err Sellers own expeme and to the saisfaction of the Pumhmer. When mamriak and equipment Fire f iahed by others far installation err erection by the Sella, be Seller shall receive, unlad, stare and Ivmdle same or the we and become responsible terefor m though such mammals cedar equipment wort being famished by she Seller under Ilse order. 18. INSURANCE. The Seller shall, at his own expense, provide fro the payment of workers rmpenation, including oocupationl disease benefits, to its employees employed an or in conversion with she work revered by this purchase surfer, .W., to their dependents in accordance with the laws of the sate in which to work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, cmmutual and automobile public liability insurance with bodily as and death limits .1 .1 least V.,000 for any one person, S50.,bm for any one accident and prapetty damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon to premises of others, the Seller shall famish be Purchaser with a certificate that such com amnion and insurance have been provided. Such cemifivion shall specify the date when such compensation and insurance have been provided. Such cenifiwles shall specify the date when such compensation ad insurance expires. The Seller agrees tat such compensation and insurance shall be maintained until after the entire work is completed and romped. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assurers to entire responsibility and liability for any and all damage, Ices or injury of my kind lure whaumer to person or property aimed by or resulting fmm be execution crisis work provided fro in far purchase order or in connection herewith. The Seller will indemnifyrmth and hold harmless be Pardoner d any or all of the Purchasers officers, agents and employees fmm and against any and all claims, losses, damages, charges or expenses, whether direct or idirmp, and whether to persons or property to which the purchaser may be put err subject by reason of any tech action, neglect, omission or default on be pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchase,, Or its officers, agents or employees at any time on account or by reason of any act mum, neglect, omission or default of to Sells of my of his contactors Or any of its or -their officers, agents or employees as araressid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay my and all cots, charges, attorneys fees and other expenses, my and all judgmrna that may be incurred by or obaimd against to Purchazer or my of its or their officers, agents or employees in such suits or other proceedings, but in case judgment or offset Has be placed upon or mtaind against be property of to Pmchmer, of said parties in in as a result ofsuch suits or other procedings, be Seller will at once came the same to be dissolved and discharged by giving brad Or othmvise. The Soler and his cono-acmrs shall take all safety pucaufiom, fumuh and imull all guard neresmry fro hie pearmian of amdem, comply wish all laws and regulations wit regard to safety including, but without Emiutian, to Occupational Safely and Health Act of 1970 and all roles ad regulatiomissud pursuant temlo. Revised 07THU4