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HomeMy WebLinkAbout127468 AQUATIC AND WETLAND NURSERY LLC - PURCHASE ORDER - 9144766PURCHASE ORDER PO Number Page City of PURCHASE 9144766 1 of 2 Flirt Collins liras This number must appear !"_`�,/`' ` V ` on all invoices, packing sli s and labels. Date: 12/31/2014 Vendor: 127468 AQUATIC AND WETLAND NURSERY LLC 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: 12/31/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 Wetland Plants for Shields Pit 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 EA 4,873.05 Total 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 statute she Ciry of Fort Collins is exempt from sure and local taxes. Our Exemption Nomber is I L NONWAIVER. 98404502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collectar of Failure of the Pumhascr in insist upon stria pafommna of the terms and assintim hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sort. 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failam to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or oppmval afthe design, shall nor mL.Ilk Sella of Goods Rejected, GOODS REJECTED due to failure to meet specifications, either what shipped or due to defects of any of the warranties or obligatians of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and age, nm to be replaced except upon mceipt of women Purchaser to imist upon stria performance hereofor any of its rights or marches as to any such goods, mpollus instructions from the City of Fort Collins. of when shipped, received or accepted, us to any prior or subsequent default he=ander, nor shall any purloined and modulation or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Impcaion. GOODS are subject to the City of F. Collins impaction on amvaL hereof. Final Acceptance. Raeipl of the mcrchmdise, savices or equipment in response o this now an result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. aahorixd payment on the pan of the City of Fort Collins. However, it is to be understood than FINAL Sella and dw Purchaser recognve that in actual a wmic Practice, overcharges resulting fiom mtitmst ACCEPTANCE is dependent upon completion of all applicable squired inspection procedures. violations are in fact home by the Purchases. Themofore, for good cause, and as considemtim fen executing this purchase order, the Sella hereby assigns to the Purchaser my and all claims it may now have or hereafter Freight Terns. Shipments most be, F.O.B., City of Fort Collins, 700 Woad St, Fan Collins, CO 80522, unless acquired under fMcul or state antivmt laws for such overcharge reducing to the particular goads or services otherwise specified on this order. If permission is given to prepay freight and charge sepantely, the original fright purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Sella to correct nonconforming or defective goods by a date to be agreed upon by she expected from the nearest distribution point to desuvtion, and excess frtight will be deducted fmm Invoice when Purchaser rim the Seller, and the Sella thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made fora greater distance. may cause the work to b, performed by the most expeditions means available to it, and the Seller shall pay all costs associated with such work. Prrmirt. Sella shall picture at sellers sole cost all necessary permits, catificates and liames rteryirtd by all applicable laws, regulations, oNines. end rules of the stem, mwidWlily, rerriary Or Polinail subdivision where the work is performed, or required by any other duly amnitutcd Public authority faxing jumalinicn over the work of vendor. Seller fiuther agrees ro hold the City of Fm Collins harmlrss from and against all liability end loss enderred by them by reason or an asserted or establisbW violation of my such laws, tegulatlons, ordinances, rates raldremmrs. Authorization. All ponies to this contract age, that the representatives are, in fact. bona fide and possess full and ample¢ authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance m the truss end conditions stared herein set forth and any supplementary or additional team and conditions annexed hereto or incorporated herein by reference. Any additu wl or different terms and con litiom propmed by sella are cleared in and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedintely if you ammt make complete shipment to arrive on yam promised delivery dam ennmed. Time is of the asrn=. Delivery end performance mot be eR and within the nme stated on the purchase other and the documents avached haaw No acts of fe Purchasers including, without limitation, acceptance of pmial late ddwaies, shall operate as a waiver ofthis provision. In the event ofany delay, the Purchaser shall lima, in addition to other legal and equitable remedies, the oprim of placing this order elsewhere and holding ncc Sella liable for damages. However, fe 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 civil or military auforities, governmental priorities, fires, strikes, Hood, epidemics, wars or riots provided that notice of the conditions coming such delay is given m fie Pmchmar within five (5) days of fie time when the Seller first received knowledge thereof In the event of my such delay, the date of delivery shall be, extended for the period equal a the time actually lost by reawn of fire delay. 3. WARRANTY. The Sella warrants that all goods, comes, maleriak and work covered by this order will conform with applicable drawings, spaificatiom, samples torpor other descriptions given, will M fit for the purposes intended, and performed with the highest degree of care and compdenm in accordance with accepted standard for work of a similar nature. The Seller agrees 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 warranty. The Sella shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time m may be prtuxibed by law or by the It. of my applicable warranty provided by fie Seller after fie date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting forms imperfect or defective work done or mamals famished by the Seller. Acceptance or tau of goads by the ProcMser shall vat institute a waiver of any claim under this wartmry. Except as oherwise provided in dais pachme order, fe Sellers liability hereunder shall Oxrrnd to all damages proximately caused by fie breach of my of fie forgoing wernmties or guamntces, but such liability shall in no event module loss ofprofia or loss of tem. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS, The Purchaser may make changes to legal teems by wrawn change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser trams, may make any changes to the terms, other than legal including additions to or deletions from the wardities annually ordered is the specifications or drawings, by verbal or —a— change amef. If any such change affects the amount due or the time ofperfonmance hereunder, m equitable adjustment shall b, made. 6. TERMINATIONS. The Prothessfir may in my time by warm change order, terminate this agnanent as to any in all protons of the goods that not shipped Ojai to any cquiable ndjo4mmr bevseen the parries as to my work a materials then in progress provided that the Purchaser shall not be, liable for my claims for enti quilled profits as the amornpleded ponion of fe goods andror work, for incidental a consequential damages, and that net such adjustment b, made in favor of the Seller with respect to my good which are the Sellers tundaed stock. No such termination shall relieve the Purchaser or the Sella army of their obligations as to any good delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for mjmtment most he asserted within Tim (30) days from the date the change or terw asoon is ordered 8. COMPLIANCE WITH LAW. The Seller warrants that ell goods sold hcremder shall have ban produced, sold, delivered and famished in sWct ..pit.. wida all applicable laws and regulations to which fie goods an subject The Seller shall caste and deliver such &,ware ns ns may b, m3uined to effect or evidence compliance. All laws and regulations required to be ncorpomted in agreements of this character are hereby incoryorated herein by this reference. The Sella agrees to indemnify and hold fie Purchaser harriers fmm all costs and damages suffered by he Purchaser as a nesalt of are Sellers failure o comply with such law. 9. ASSIGNMENT. Neither party shall assign, trzmfcr, or convey fis order, or my ninnies due or to become due hereunder without the prior wrimen Co., of the other party. 10. TITLE. The Sella wmuats full, clear and muesrricied title to fe Purchaser for all equipment, nalenals, end items fumishad in paformaoa of this staes mt, free and clear of any and all liens, restrictions, reservations, security interest meumbramrs and claims of ofam. The Seller shall =lease the Purchaser and its Warsaw, of any on boon all liability and claims of any nature resulting( fe part aofsuch work. This release shall apply even in the evert of fault of negligence of fie pans released and shall extend to the direrars, officers and amplayas of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to b, permanned by the Purchaser. 14. PATENTS. Whenever the Sella is tryuired to use any rah io, device, material or process covered by lever, patmt, trademark or copyright, the Server shall indemnify and save harmless flu, Pumba=r from any and WI claims for iarnmgement by reason of the seas of such pmented design, device, material Or process in comedian wit fe corset, and shall indemnify the Purchaser for any run, expense or damage which it may be obliged to pay by reason of such infringemem in any time during the pm=ation or after she completion of the work. In case said compmml, or any pan thereof or the intended use of the goods, is in such suit held a contribute 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 Purchaser the right to continue using said equipment or pans, replace the same with subatmmilly equal but aminfnnging equipment, or modify it so it becomes mortgaging. 15. INSOLVENCY. If fin, Seller shall become imolvenr or barduupt, make m assignment for the bea rt of credimrs, appoint a or trmtee for any of the Sellers property or business, this order may foMwif be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of mass; used or the inter ga ation offe apartment and the rights of all panics hereunder shall be cumwed under and governed by the laws of the Sate of Colorado, USA. The following Additional Conditions apply only in taus where the Seller is to perform work hereunder, including the smicee of Sellers Represenative(s), on the premiers ofothers. ❑. SELLERS RESPONSIBILITY. The Seller shall carry an said work at Sellers own risk until the same is fully completed and accepted, and shall, in came of my accident, de towbon or injury to the work output materials before Sellers final completion and #'apsaM'e, complete On work a Sellers own expense and an fie satisfaction of the purchaser. Wbeo materials and w urpmmt am famished by infers fw insullmion or erection by the Sella, fie Seller shall receive, unload, sure and handle same at the sire and become resp rmible therefor as though such wourro Ls andNor equipment ware being fumuhed by the Sella coda the order. 18. INSURANCE. The Seller shall, at his own expense, ensile for the payment of workers compensation, including occupational disease benefits, o its employees employed oa or in cowormin with the work covrred by this purchase Ordeq md/or to their dependents in accordance with the laws of dae sure 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 imur tree with bWily injury and derth hours of ar least S300 Opo for any one person. S500,000 far any one accident and pmperty damage limit Per accident of S400.000. The Seller shall likewise require his ronlrenms, if any, to provide far such compensation and insurance. Bet any ardor Sellers or his conmaclo s employees shall do any work upon the premises of odow, the Sella shau f ash the Purchaser wit a artificate that such comogrowan and insurance have been provided. Such cati rso. shall specify fie date who such compensation and inermi has, boar provided. Such cenifiatas shall speciythe dale when such compere lion and insurance expires. The Sella agree fen such compensative 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 must responsibility and liability for any and al I damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution ofe work provided for in this purchase order, or in ancr iw herewith. The Seller will uniformity suit hold harmless the Purchaser and any r all of the Purchasers offli agents and employees farm and against any and all claims, losses, damages, charges or expenses, whether drat or ordinal, and whether or persons or property an which the Purchaser any be, put or subject by reason of my art, action, neglect, omission in dcfrvlt on the pan of fie Sella, my of his contractors, or any of fie Sellers or ontmcors oRcas, agents or employees. In rase my suit or other proceedings shall be brought against the purchaser, or its oficas, agents or employees in my rime on account or by reason of my cat, action, neglect, omission or default of fie Sella of my of his contractors at, my of its or their officars, agent or employees as aforesaid, the Sella hereby agrees m resume fie defense thereof and w defend the or at th<Sellers, owe expense, to Pay my and ell costa, charges, anonrcys far and other apemen, my and all judgments that may be, incurred by or obtained against the purchaser or my of its or their officers, agents or employas in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the purchaser, or said parries in or as a result of such suits or other proceedings, the Sella will at once cause the sane to be dissolved end discharged by giving band or otherwise. The Seller and his contractors shall eke all safety promutions, famish not install all goad necessary for the prevention of mcilem, comply with all laws and regulations wit regard as safety including, but without limitation, fie Oampatiawl Safety and Health Act of 1920 and all rules war regWabmu issued pursumt thereto. Revisal 07R014