HomeMy WebLinkAbout447110 FRIENDS OF THE GARDENS ON SPRING CREEK - PURCHASE ORDER - 3215054PO
PURCHASE ORDER 321505er Page
CI�/ of PURCHASE
3215054 1 of z
Flirt Collins
lins This number must appear
!"_`�,/`' ` V ` on all invoices, packing
sli sand labels.
Date: 01/05/2015
Vendor: 447110
FRIENDS OF THE GARDENS ON SPRING CREEK
ATTN: TREASURER
2145 CENTRE AVE
FORT COLLINS CO 80526
Ship To: PARK MAINTENANCE
CITY OF FORT COLLINS
413 S BRYAN
FORT COLLINS CO 80521
Delivery Date: 01/05/2015 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
r 2015 Annual
1 LOT LS
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.
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.com
Total
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
1. COMMERCIALDETAILS.
Tax exemptions. By smite the City of Fort Collins is exempt from sale and local taxes. Our Exemption Number is
9801502. Federal Excise Tax Exemption Cerlfcan of Registry 84-6001 is registered with the Collector of
Internal Revenue, Drover, Colorado (Ref. Columbia Revised Source, 1973, Chapter 39-26,114 (a).
Good Rejected. GOODS REJECTED due to failure as aces specifications, either, when shipped or due to defects of
damage in transit, may he minimal to rose for credit and are net to be replaced except upon radio of wrinen
insouctions form she City of Fort Collim.
Inspection. GOODS art subject to the City of Fort Callim inspection on anisal.
Final Acceptance. Receipt of the machadou. sernem or equipment in response to this under am result in
authorized payment on the pan of the City of Tom Collins. However, it is m be understood that FINAL
ACCEPTANCE is dependent upon completion ofall applipble r quired impaction procedures.
Freight Terns. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless
otherwise specified on this odrr. If permission is given to prepay freight and charge separately, Ore original fought
bill mat accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing Points in various From of the country, shipment is
expected from the normal distribution point to destination, and excess freight will be deducted from Invoice when
shipments are made from gamer data nso
Permits. Sella shall procure at sellers sole cast all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and mles of the sate, municipality, limitary or political subdivision where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agues m hold the City of Fort Collins harmless from and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, mlm
regmremants.
Authorization. All parties to this contract agree that the representatives we, In fact, bona fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchme Order expressly limits acceptance to the terms and conditions word
herein set fond and any supplementary or additional terns and conditions annexed hereto or incorporated herein by
refezene. Any adds a ud or different Isms and conditions proposed by seller eft objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you sonar smoke complete shipment to arrive on your
promised delivery date as noted. Time is of the... Delivery and performance mat be effected within the time
sated on the purchase order and the documents attached harem. No acts of the Purchasers including, without
limiaton, acceptance ofpzrtial we deliveries, shall operate as a waiver of this pmv0ioa In the event of my delay,
the Purchases shall have, in addition so order legal and equitable remedies, the option ofplaem, this order elsewhere
and holding the Sella liable for damages. However, the Sella shall not be liable for damages m a result of delays
due to muses not reaunably foreseeable which arc beyond its reawnable control and without its fault ofrrgligmes,
such acts of God, no ofeivil or military authorities, govemmenwl priorities, foes, strikes, Rood, epidemics, wars or
riots provided that notice of the conditions causing such delay u given to the Purchaser within five (5) dap of the
time whim me Sella first received knowledge thereof. In the event of my such delay, the, date of delivery shall ho
extended for the period equal to the lime actually last by reason of the delay.
3. WARRANTY.
The Seller warrants that all good, articles, mmcrim; and work covered by this order will conform with applicable
drawings, specifications, samples ardor other descriptions given, will be, fit for me purposes intended, and
performed with the highest degree of cart and competence in accordance with accepted standards for work of a
mier rehire. The Sella agrtes to hold th< purchaser harmless from my loss, damage or expense which me
Purchaser may suffer or neuron =count of the Sellers mach of warranty. The Sella shall replace, repair or make
good, without mar to the purchaser, my defects or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the terms of any applicable wanmry provided by the Seller after the date of
acceptance of the goods furnished hereunder (acceptance not be unreasonably delayed), resulting from Imperfect
or defective work done or materials furnished by the Seller. Acceprance or use of good by the Purchaser shall not
consulate a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing wonnnlies
or guarantees, but such liability shall in no event include loss ofpro%or loss of we. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes as legal tease by wri¢en change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purthamr may make my changes to the seines, ome, thou legal lams, Including auditors to or deletions from
the quantities originally ordered in me specifteatiom or drawings, by variant or wri¢m change order. If any such
change whats the amount due or that time ofperformmce hercunda, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may m any rime by wriman change carder, mountain, this agreement as to my or all Panions of the
goods then not shipped, subject to any equitable edjunmeart bePx'em the parries as in any wmk or materials men in
progress provided mat the Purchaser shall not nd liable for my claims for anticipated profits on the ummmDleted
Portion ofilm goods and/or work, for incidental or consequential damages, and mat m such adjustment be made in
favor of the Sella with respect to any goads which arc me Sellers smndard stock. No such termination shall relieve
the Pachaur a the Seller army oftheir obligations as to any goods delivered bereuMa.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment mat be aauned within thirty (30) days fnm me dune me change or temminatipn is
ordered.
S. COMPLIANCE WITH LAW.
The Sella warrants that all goods sold bartender shall have been produced, sold, delivered and furnished in strict
compliance with all applicable laws and regulations to which the good are subject The Seller shall execute and
deliver such documents as may be required to eft I or evidence compliance. All laws and regulations required to bo
ncoryomted in agreements of this character art hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Pmchmer as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, tmmfer, or convey this order, or my monies due or in became due hereunder without the
prior wrinen consent of the other parry.
10. TITLE.
The Seller warrants full, clew and unrestricted title to the Purchaser for all equipment, materials, and items furnished
in performance of this agreement, foe and dew of any and all liens, restrictions, reservations, security interest
encumbrances and claims ofothers.
II. NONWAIVER.
Failure of the Purchaser to insist upon strict performame of ile terms and conditions thereof, failare or delay to
x
rcise my rights or remedies provided tomato or by law, Room, to promptly modify the Sella in free event of a
breach. the acceptance afar payment forgaods hereunder or approval of the design, shall not=lease the Sella of
any of the womnties or obligations of Nis purchase order and shall act be deemed a waiver of any right of the
purchaser to taus upon strict performance hetmfor my of its rights or mnalim as to any such goods, regardless
of when shipped, received or escalated, as or my prior or subsequent default hereunder, nor shall any purported
anal mndificalion or rescission of Nis pwcbae, order by the purchases alternate as a waiver of my of Be, mart
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Sella and the Purchaser recognize that in actual ec rInc prectice. overcharges resulting from mtitmn
violations we in fact beam by the Purchaser. Theretofore, for good cause sad as consideration for ameming this
purchase order. the Seller hereby assigns or the Pmchmer my and al claims it may now have or hereafter
imputed under federal or state antitrust laws for such commissioner relating to the particular goads or services
purchased or acquired by me Porch ssa parsuart to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser dire.¢ the Seller a correct nonconforming or deft Live goads by a dune to be appeal upon by shim
Purchaser and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may rouse the work to be performed by ale most expeditious meant available to it, and the Seller shall pay all
casts associated with such work.
The Seller shall release the Purchmer and its contractors of any tiff from all liability and claims of any aware
resulting from the performance ofsuch work.
This please shall apply even in the event of fault of negligence of the party rclemed and shall extend to the
directors, officers and employees of such party.
The Sellers comrectoal obligations, including warranty, shall not be darned to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required muse my design, device, material or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser Imm my and all claims for infringement
by reason of the use of such Formed design, device, mmerid an pmress in connection with the contract, and
shall indemnify the Purchaser for any cost expense or damage which it may be obliged to Ray by reason ofsuch
infringement at any time during the nomination or after the completion of the work. In cose said equipment, or
my pan thereof or the intended use of the goods, is in such suit held to comdimte infringement and the use of
said equipment or pan is enjoined, the Seller shall, in its own expense and at its option, either procwe for the
Purchua she right to continue using said w uipment or parts, replace the same with substantially equal but
roninfringing equipment, or modify it s r it becomes nounfringivg.
15. INSOLVENCY.
If the Sella shad became insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
or austem for any of me Sellers pmperry or nations, this order may forthwith be cuscld by the
Purchaser wimour liability.
16. GOVERNING LAW.
The definition of tee used or the interyreration ofthe agmement end the rights of all Bodies hermcder shall be
omaued under and governed by me laws afore Some of Colorado, USA.
The following Additional Conditions apply only in carats where the Sella is to perform work hereunder,
including the services of Sellers Representative(s), on the pmannes ofothrn.
IT. SELLERS RESPONSIBILITY.
The Seller shall carry an said work at Sellers own risk until the same is fully completed and accepted, and shall,
in se of any accident, destruction or injury to the work and/or materials before Sellers final completion and
acceptance, complete the work at Sellers awn expense and to the satisfaction of the Pumhmer. When materials
and equipment art famished by others for installation or erection by the Seller, the Sella shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials mNor equipment
were being furnished by the Seller unda the order.
18. INSURANCE.
The Seller shall, at his own retrace, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with me work coveml by this purchase raider,
=Nor to their dependents in accordance with the lass of the state in which the work is to be done. The Sella
shall also any comprehensive general liability Including, but not limited to, command) and automobile public
liability insurance with bodily injury and dram limits of at leant $300,000 for my one person, 5500,Ooo fro my
accident and property damage limit per accident of 5400,000. The Sella shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before any ofine Sailers in his contractors
employees shall do any work upon the premises of others, the Sella shall famish the P nchaur with a cenificzte
that such compensation and insurance have been mosided. Such cerifeata shall specify me dune when such
compemmion and issuance have been provided. Such certificates shill specify the date when such ramprnmtion
mho insurance expires. The Sella agrees that such mom ration and insurance shall be maintained until after the
muse work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby ssmnus me entire responsibility and liability fir my and all damage, loss or injury ofany kind
or nature whatsoever to pnuns or property, camN by or resulting from me execution ofine work provided for in
this purchase order in in connection herewib. The Seller will indemnify and hold harmless the Purchaser and my
r all of the Purchasers officers, agents and employees from and against my and all claims, knows, damages,
charges or expenses, whether direct or India. and whether to persons or property to which the Purchaser may
be put or subject by reamn of my act, action, radial, omission or default on the pan of the Seller, any of his
contractors, or my of the Sellers or contractors officers, agents or employees. In came any suit or other
proceedings shall be bri against me Pucbnser, or its Officers, agents or employees at my time on account or
by reason of my act, action, neglects normon or default of me Sella of my of his contrectors or my of its or
their officers, agents or employees m aforesaid, the Sella hereby agrees to assume the defame mermf and m
defend the same at the Sellers awn expense, to pay any and all costs, charges, loomeys fees and other expenses,
any and all judgments that nay be 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 be placed upon or
obtained against the property of the Purchaser, or said parties In or as a result of such suits or other proceedings,
the Seller will at once cause the same to be dissolved and discloug d by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, famish and immll all ground necessary for the prevention of
accidents, comply with all laws and regulations wins regand to safety including, but without limitation, the
Occupational Safety and Heim Act of 1970 and all codes and regulations issued pursuant [harem.
Revised 07(2014