HomeMy WebLinkAbout485953 EASON HORTICULTURAL RESOURCES INC - PURCHASE ORDER - 3215045Fort Collins
Date: 01/0212015
Vendor: 485953
PURCHASE ORDER
EASON HORTICULTURAL RESOURCES INC
PO BOX 932232
CLEVELAND OH 44193
PO Number Page
3215045 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: PARK MAINTENANCE
CITY OF FORT COLLINS
413 S BRYAN
FORT COLLINS CO 80521
Delivery Date: 01/02/2015 Buyer: WILSON, JILL
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
1 2015 Annual
Vegetation Supplies
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
5,000.00
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 stam4 rise City of Too Collor u exempt from two and local taxes. Dec Exemption Number is
984c1503. Federal Excise Tax Exemption Cerificae of Registry 84-60n0587 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref Colorado Revised Statute 1993, Chapter 39-26, I14 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped car due W defects of
damage in brawn, may to remmcl to YOU for credit and we not W be replaced except upon receipt of wrinen
instructions from the City of For Collins.
Importuner GOODS are subject to the City of For Collins inspection on arrival.
Final Acceptance. Receipt of the merchandise, scriviow or equipment in response W this order can result in
authoved p,mor oo the pm of the City of Fort Collins. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion ofail applicable required inspection procedures.
Freight Terns. Shipments most be F.O.B., City of Fort Collins, 7M Wood SL, For Collins, CO 80522, unless
otherwise specified on this order. Upermission is given to prepay freight and change separately, the original freight
bill most accompany invoice. Additional charges for packing will an be accepted.
Shipment Distance. Where manufacturers have distributing points in victims parts of the country, shipment is
expected from the nearest distribution point to destination, and excess freight will be redwood from Invoice when
shipments nc made from gamer canna
Permits. Seller shall procure at sellers to cost all necessary permits, certificate and licenses catchall by all
applicable laws, regulations, ordinances and toles of the sate, municipality, territory or political soh&vision where
the work is performed, or required by any other duly crew mted public authority having jurisdiction over rise work
of vendor. Seller TuMcr agrees to hold Br, City of Fiat Collins harmless fmm and against all liability and loss
incurred by them by reawn of an mound or established violation of my such laws, regulations, ordinances, tole
end corporations.
Amh ntizutim. All parties to this contact agree Nat the repreamatives are. in fact, born ride and possess full and
complete authority to bind said panic.
LIMITATION OF TERMS, This Purchase Order expressly limits accepmnce to the Isms and conditions stated
herein set forth and my supplementary or addirimul term and conditions annexed hereto or incorporated herein by
reference. Any additional or different corms and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your
promised delivery date on nand. Time is of the essio re. Delivery and efforcounce most be effected within she time
sand on the purchase order and the documens warned bewa. No acts of the Purchasers including, without
limiation, a a Marto criminal late deliveries, shall o vac as a waiver of Nis provision. In the event cf any relay,
ft Purchaser shall have, in addition to other legal and attitude remedies, the option afplacing this order elsewhere
and holding the Seller liable for damgga. However, the Sella shall not be liable for damages as a result of delays
due to muses not reasonably fconnamble which an beyond its reasonable control and without its fault afnegligance,
such acts of God, tans ofcivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or
riots provided Out notice of the conditions taming such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof. In the event of my such delay, the date of delivery shall be
extendal for rise period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all good, article, materials and work covered by this order will conform with applicable
drawings, specifications, mmPlu aw/w other descriptions given, will be Et for the purposes intended, and
performed with the highest degree of core and compaime in accordance with accepted standards for work of a
similar owe. The Seller agree to hold the pmchzser harmless fmm my loss, damage or expense which the
Purchase may suR or mcar on account of the Sellers breach of watrmry. The Selln shall replace, repair or make
good, without cost W the purchaser, my defect or atn arising within one (1) year or within such longer period of
rime as nay be prescribed by law Or by the ems of any applicable warranty provided by the Seller after the date of
acceptance of the goods familial hereunder (accepance Out to be ti.nably delayed), motion, from impartial
or defective work done or materials famished by rise Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver ofany Claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damage proximately tamed by the breach of any of rise foregoing wamaa es
or guummces, but such liability shall in no event include loss ofpmfits or lass of see. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make change to legal terms by wrinen change order.
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the corms, fiber than legal toms, including addition to or deli ions from
the 9umlide originally ordeal m the slrecifimriom or drawings, by verbal or wdnen change other. If any such
change affects the amount due Or the time of pufowence hereunder, an aquitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may tar any time by wrinen change color, termimn this agreemem m to any or all wrim. or the
goads then not shipped, subject W any expiable adjruunmt between the parties m to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
Portion of the goods mNor work, for incidental or consequential damages, and that no such djmiment be made in
favor of the Seller with respect to any good which we the Sellers sandaol stock. No such temumtion shall relieve
she Purchaser or the Seller of my of their obligations m to my goods delivered hereunder.
J. CLAIMS FOR ADJUSTMENT.
Any claim for djmwmt mot be asserted within thirty (30) days from the date the change or tewinariw is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrens that all goods sold hereunder shall have been produced, said, delivered and fumishd in whist
compliance with all applicable laws and regulations to which rise goods ere subject. The Sella shall execute and
deliver such documents ns may he squired to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agree to
indemnify and hold the Purchaser hawloss from all costs and damages suffered by the Purchaser as a result of rise
Sellers failure in comply with such Inc.
9. ASSIGNMENT.
Neither pray shall assign, bond er. or convey this order, or my otonies due or W become due hereunder without the
prior wrinen common of the other parry.
Ill. TITLE.
The Sella warmnis full, clear and .1 is al fiche to the Forchaur fun all equipment materiels, and it— fiunlshd
in purficat of this ageement free and clear of any ad all Item, restrictiias, eservatioa . security intent
encumbrances and claims ofothim.
11. NONWAIVER.
Failure of the Puchaser to insist upon war performance of the terms and conditions hereof, (allure or delay to
exercisany rights or remedies provided herein carby law, failure to immunity unity mfily the Seller W the event of a
breach. e rise acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of
any of the warranties or obligations of this purchase order and shall not be demmed a waiver of any right of the
purchaser to insist upon smart performance herafor any of its rights or remedies as W any such goods, regaMus
of when shipped, received or anceptd, as to any prior or subsequent default hereunder, nor shall any purported
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the rams
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Sella and the Precfr recognize that in actml ecammic practice, ovcmharges resulting f mtitrmr
violations are in bait theme by the Purchaser. Thewofom, for good muse and as conaidemfion for uecuting this
pwchau order, the Seller hereby assigns to the Puchaser any and all claims it may now have or hereaM
acquired under f deal or sate msic ust laws for such overcharge reining to rise pon ialer goods or services
purchased or unhurt rt by the Purchawr pursumt to this purchase order.
13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifire Purchaser directs the Seller to correct nonconforming or defective goads by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness w comply, rise Purchase
may cause the work to be performed by the most expeditious means available to it, and the Sella shall pay all
costs boommed with such wank.
The Sella shall clause the Purchase and its contractors of any tier from all liability and claims of any wrom
recalling from the puffs. iffirach woh
This release shall apply cart in the event of fault of negligence of the party related art shall extend to she
directors, oRcers and employers of such party.
The Sellers contractual obligations, including wasrmry, shall we be deemed a be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is fix ired to use any deign, device, material or process covered by ]met, patent, trademark
r copyright the Seller shall indemnify and save bawlws the Purchaser, from any and all claims for infringement
by worm of rise use of such patented design, device, material or process in extraction with the contract, and
shall indemnify the Purchaser for any cast, expense or damage which it may be obliged W pay by reason of such
infringement at any time during the interaction or after the completion of the work. Its case said equipment, or
any pan thereof or the intended use of the goof, is in such suit held to consriate bourigement out the use of
mid equipment m pan is enjoined, the Seller shall, at is own expeme and in is option, either pmmm fun the
Purchase rise right to continue using said equipmem or parts, replace Ore same with sufntially wind but
mninfringing component, or modify it so it becomes mninlringing.
15, INSOLVENCY.
If the Seller ahall become insolvent or bankmpt rake an assignment far, the benefit of creditors, appoint a
receiver tar utsne for any of the Sellers property or business, this order may forthwith he canceled by the
Purchaser without liability.
I& GOVERNING LAW.
The definifions oferms used or the inammtation ofthe agreement and the rights of all parties berewder shall be
cautioned under and governed by the laws of the Sate ofColomdo, USA.
The following Additional Conditions apply only in come where the Seller is to pert work bemmder,
including the services of Sellers Repreenasive(s), w the premiss ofoOea.
19. SELLERS RESPONSIBILITY.
The Seller shall miry on said work at Sellch own risk until Ore same is fully compined and ancepted, and shall,
in u of my accident, destruction or injury W the work anNor materials before Sellers final completion end
acceptance, complete the, work at Sellers own expense and to the satisfaction of rise Purchaser. When materials
and equipment arc familial by athem for installation Or warim by the Seller, the Seller shall receive, unload,
store and handle some at the site and become responsible therefor as though such materials awl/or equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own apeme, provide for the payment of work. ormpensatim, including occupat xud
discom benefits, to its employees employed on Or in connection with rise work covered by this purchase order,
and/or to them depnWeos in accordance with the has of the sate in which rise work is W be done. The Seller
shall also carry comprehensive general liability including. but sour limited on, comanual and automobile Public
liability ius--v with handily injury uM death limo¢ of Or least S300,000 for any one person, $500,000 for my
one incident and property damage limit per accident of SiRARD00. The Seller shall likewise require his
contractors, if any, to provide for such wmPerson. and insurance. Before my of Ne Schein or his contractors
employees shall do any work upon the premises of others, the Seller shall famish the Pmcheser with 0 certificate
that such compensation and insurance have been provided. Such corificaes shall specify the date when such
compensation and insurance have been provided. Such emificater shall specify the date when such compensation
and insuance expires. The Seller agrees chat such compensation and insurance shall he maintained until n ter thc
entire work is completed and accepted.
19, PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumm the entire respiauibiliry and liability for my and all damage, loss or injury ofmy kind
or more whomever to persam or prolsmy caused by or resulting from the axemtion of We work providd for in
this purchase Order or in correction hertwiN. The Seller will utewtily and hold harmless No Purchmer and any
r all of the purchasers officers, again and employees f sal against my and all claims, losses, damages,
charge or expemea. wherher direct or ins im.'t and.tether to pawns or property W which the Purchaser may
be put or subject by roman of my cot action, neglect, omission or default m the pm of the Seller, my of his
contractors, our any of that Sellers or common officers, agents or employees In case my suit or other
proceedings shall be brought against the Purchaser, or its officers, agents on, employees at my time on account or
by remain of my act action, neglect, maintain or default of the Seller of any of his animators or any of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, to pay any and all cams, charges, a mmays fees and other expensa,
my and all jack mans that may be incurred by or obtained against the Purchaser or my of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment or rafter lien be placed upon or
obawed aminst the prolr,rty of the Purchaser, or said parties in or as a result of such win or other proceedings,
the Sella will as once canse thc wrne W be dissolval and discharged by giving bond a wherwiu. The Sella ad
his contractors shad sake all safer psaautions, famish and instill all grads necessary for tom prevention of
mctents, comply wish all lass and regulations with regaol to safety includng, but without limitation, the
Occupational Safety and Hcalth Act of 1970 and all toles and regulations issud pnsumr Ihcreto.
Revised 072014