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HomeMy WebLinkAbout441376 ROCKY RIDGE NURSERY & LANDSCAPE LLC - PURCHASE ORDER - 9140227 (3)PURCHASE ORDER PO Number Page City of PURCHASE 9140227 , of 2 Flirt Collins( his number must appear !\,/`I ` V ` , 1�7 on all invoices, packing sli s and labels. Date: 11/26/2014 Vendor: 441376 Ship To: COMMUNITY DEV & NEIGHBORH ROCKY RIDGE NURSERY & LANDSCAPE LLC CITY OF FORT COLLINS 327 E COUNTY RD 60 281 N COLLEGE AVE FORT COLLINS CO 80524 FORT COLLINS CO 80521 Delivery Date: 01/09/2014 Buyer: JOHN STEPHEN Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 3 addendum to PO 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@fogov.mm 1 LOT EA 7,000.00 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Conditions Page 2 of 2 1. COMMERCIALDETAIIS. Tax exemptions. By mesa the Ciry of Fart Collins is exempt Earn state and local pairs. Our Exemption Number is 98-M501. Federal Excise Tax Exemption Certificate of Registry g4.600p5gt is registrml with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Raised Statutas 1973, Chapter 39-26, 114 (a). Good Rejected. GOODS REJECTED due to failure m mat specification, alder when shipped m due to defects of damage in mnsit. copy be returned in you fro credh and are not to be replaced except noon ficeipt of wrimor insmuctions from the City of Fort Colliaa. Inspection. GOODS are subject to the City of Fart Collins inspection on srival. Final Acceptance. Receipt of me merchandise, servwap, or eyuipmmr in response to this order am result in authorimd payment on the pan of the City of Fort Collins. However, it is to he understood that FINAL ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. Freight Terms. Shipments most be F.O.B., City of Fort Collins, too Wood St., Pon Collins, CO 80522, unless otherwise specified on this order. If Permission is givm to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the newest distribution point to destination, and excess freight will be deducted from Invoice when shipments are mode from greater distance. Permits. Seller shall pwourm at sellers poll cost all necessary permits, anificates and licenses required by all applicable laws, regulations, on inunces and rates of the slate, municipality, territory or political subdivision where the work is performed, or required by any other duly rotational public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless tram and against all liability and loss incurred by them by reason of an amended or established violation or any such laws, regulations, ordinances, rules and res,ore paron. Authorization. All parties a this contract agree that the representatives art, in fact, bow fide and possess full and complete authority to bind said parries. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance a the temps and conditions stated herein set fond and any supplementary or additional terms and conditions annexed harem or incorporated herein by reference. Any additional or diffinem mrnn and com irms, proposed by seller art objected to and hereby rejened. 3. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you carmen make compldc shipment to native on yore Promised delivery dale as noted. Time is ofthe essence. Delivery and performance must be effected within the time stared on the purchase older and the documents attached hereto. No acts of the Purchasers including, without limitation, ace"wile of pnnial late deliveries, shall ohmic as a waiver of this provision. In the event of any delay, tha Purchow, shall have, in addition ro other legal and qunalle remedies, the option of placing this older elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable far damages no a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such ref of God, acts of civil or military authorities, governmental priorities, fires, strikes, flood epidemics, wars or riots provided that notice ofthe conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller four received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Sella warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other desrritiom given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accodame with incepted standard for work of a similar mature. The Seller agree to hold me purchaser h+umless from any Imps, damage or expense which the Purchaser may sulfa or incur on mcoml of the Sellers breach of.m. The Seller shall replace, capable rpike good, withoul cast to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be pteuribed by law or by the temps of my applicable warmnry provided by me Seller after the date of acceptmcce of the good fomished hereunder (acceptance not to he unreasonably delayed), resulting from importer or defective work done or materials Standard by the Seller. Acceptance or use of goods by the, Purchaser shall not coronae a waiver of my claim under this wartanry. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages poxbnamry caused by the breach of my of the foregoing wamnties or parommes, but such liability shall in m went include loss afoot 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 Icgal tams by wrium change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser th may make any changes to the terms, other an legal terms, including additions to or deletions from the quantities originally ordered in the specifications or dmwirsgs, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrinen change order, mandate this agreement as an any ar all pnations of the goods then not shipped, Subject o any equitable adjustment between the Panic ns to any work or materials then in progress provided that the Purchaser shall ma be liable for any claims for anticipated pMbs on the uncompleted portion of the gaud anNar work, for incidental or consequential damages, and that no such adjustment be made in favor ofthe Sella with aspect to any goad which we the Sellers staMmd stock. No such termination shall relieve the Purehmer or the Seller ofany i fineir obligations as to any goods delivered hemunda. J. C W MS FOR ADJUSTMENT. Any claim for adjustment must be assured wlmia thirty (30) days f the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller wartants that all good sold hereunder shall have been padread, mid, delivered and ftuvshed in strict compliance with all applicable laws and regulations a which the goods art subject. The Sella shall execute and deliver such documents as may be required W oftener m evidence mmpliance. All lases mop regulations required to be ncarponted in agreements of this character are hereby imorpomted herein by this reference. The Sella agrees to indemnify and hold me Purchaser harmless fium all costs and damages suffered by the Purchaser as a result of me Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall ensign, number, or convey this ardv or any monies due or to become due hereunder without the prior written consent ofthe other party. 10. TITLE. The Seller warrants full, clear and umuMeted title an me Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of my and all liens, restrictions, reservations, security interest encumbrances and claims of others. 11. NONWAIVER. Failure of the Purchaser to insist upon ever performance of the temps and conditions hereof, failure in delay to exemaima any rights in ecmedics provided harrin in by law, failure in primarily notify the Seller in the event of a breach, the acceptance ofor paymrnr for good hereunder or approval ofine design, shall tat release the Seller of any of the wvmnties or obligations of this purchase oNcr and shall rot be deemed a waiver of my right of the Purchaser an inset upon shin perfamame hermfor any ofirs rights or remedies as no any such good, regardless of when shipped, received or accepted, m to any prior or subsequent default bereuvder, nor shall my purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms hereof. IL ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Purchaser recognize that in actual morricarrow prefioe, oveahargra resulting from antitrust violations are in fact force by the Purchaser. Theremfine,for good cause and ss consideration for executing this purchase undo, the Seller hereby mums to the Purchaser any and all claims it may now have or bareafter acquired under federal or spite antitrust laws for such overcharges relating to the particular good or services Purchased or acquired by the Purchaser pursuant to this purchase older. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goad by a data to be agreed upon by the Purchaser and the Sella, and the Seller thereafter indicates as inability or unwillingness a amply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Sella shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of ivy net from all liability and claims of any nature resulting from the performance ofsuch work. This mime shall apply wen in the event of fault of negligence of the parry, relcmed and shall extend to the directors, officers and employees ofsuch pay. The Sellers command obligations, including warranty, shall not be deemed to be refused, in any way, because such work is pals mil or caused m b<performed by the Purchaser. IC PATENTS. Whenever the Sella is requited to use any design, device, material or process covered by lama, patent, nit.& or copyright, the Seller shall indemnify and nave harmless the Purehmer from any and all claims for infringement by reason of the ape of such patented design, device, material or process in comparison with the contract, and shall indemnify the Purchaser for any cast, expanse, or damage which it may as, obliged to pay by reason ofsuch infringement at any time during the prosecution or after dic compleion of rate work. In case said equipment, or any pan mercof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or par 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 naninGnging equipment, or modify it so it becomes noninGnging. 15. INSOLVENCY. If ma Seller shall become insolvent or hankmpr, make an assignment for the benefit of creditors, nppoial a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without holiday. 16, GOVERNING LAW. The definitions of team used or the interpretation ofthe agreement and the .,his of all parties hereunder shall be command under and goer med by the laws of the Spite ofColori USA. The following Additional Conditions apply only in cases where the Sella is a perform work hereunder, including the services of5ellerm Re,man ativa(s), on the premises ofotMrs. 1 t. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers awn risk until the same is fully complaint mod acceped, and shall, in case of any accident, destruction, in injury to the work sndtor commands before Sellers final completion and acceptance, complete the work at Sellars own expense and so rise sadfaction of me Purchaser. When materials and aluipmenr are f ished by others for impillation or erection by the Seller, the Sella shall raeeive, upload mare and handle same at the site and boa me responsible therefor as capupp such mmerials atWor equipment were being furnished by the Sella under the order. 18. INSURANCE. The Sella shall, at his own experese, provide for the payment of workers compensation, including eccuptioml dsmse benefits, to its employees employed on or in connection with the work covered by this purchase older, and/or to their dependents in accordance with the laws of the slate in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contmemal and automobile public liability insurance with bodily injury and death limits of at least S300,000 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 ontmnora, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work can 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 compensation and insurance have been provided. Such certificates shall specify the date what such compensation and ummnce spires. The Seller agree then such compemman and insurance shall be maintained ..,it offer the active work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ass ran me mile rapm aibility end liability for my and it damage, loss or injury of any kind r tome wbmsm<r to persons or property vamped by err resulting farm the exeration ofthe work provided for is this purchase order or N connection herewith. The Sella will indemnify and bold harmless me Purchaser and any or all of the Purcatuerx officers, agents and employees from and against my and all claims, losses, damages, charges or expenses, whether direct or indirect, and whamer a persons or popery a which the Purchamr may be put or subject by awn of any act, action, neglm, omission or default on the pat of the Seller, my of hiss mnrrznnrs, or my of Be Sellers or contractors officers, agents or employees. In case my suit in other pmceedwgs shall be brought against the Purchaser, nr its officers, agents or employees at any time on accaum or by reason of my act action, radial, omission or default of the Sella of my of his contractors or any of its or then officers, agents or employees as aforemid, the Sella hereby agrees a assume the defense damof and to defend me same at the Sellers own expnse, a Pay any and all costs, charges, comply, fees and outer expenses, my and all judgments that may be incurred by in obtained against the Porchasa or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lim he placed upon or obtained against the limpery ofthe Purchaser, or mid parties in or as a result of such suits or other proceedings, the Seller will al all cause the same as be dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall take all safely precautions, famish and install all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitmim. the Occupational Safety and Health Act of 1970 and all roles and regulations issued pormant thereto. Revised 07n014