HomeMy WebLinkAbout441376 ROCKY RIDGE NURSERY & LANDSCAPE LLC - PURCHASE ORDER - 3215060PO
PURCHASE ORDER 321506er Page
C117/ of PURCHASE
5060 ' of z
' `ppearl
F6rt Collins/ his number must packing
\� �7 on all invoices, packing
sli s and labels.
Date: 01/06/2015
Vendor: 441376
Ship To: PARK MAINTENANCE
ROCKY RIDGE NURSERY & LANDSCAPE LLC
CITY OF FORT COLLINS
327 E COUNTY RD 60
413 S BRYAN
FORT COLLINS CO 80524
FORT COLLINS CO 80521
Delivery Date: 01/05/2015 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
2015 Annual 1 LOT LS 50,000.00
PER TERMS AND CONDITIONS OF BID 7204
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@fcgov.com
Total $50,000.00
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
1. COMMERCIAL DETAILS.
Tax exemptions. By stand, be Ciry of Fon Collins ex exempt from sum anal 1.1 tarn. Our Exemption Number is
I I. NON WAIVER.
98-0 502. Federal Excise Tax Exemption Cmificam of Registry P.,6000589 is redcone d wah be Collector of
Failure of be Purchaser to insist upon strict perfomance of the temp add conditions hereof, fibre or delay m
Internal Revenue, Denver, Colorado (Ref Colorado Revised Samna 1973. Chapter, 39-26,114 (a).
exemise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the weemaraw ofor payment for goods harrower or approval of the design, shall not releae be Sella of
Good Rejected. GOODS REJECTED due to failure to meet sandificaliors, either whm shipped or due to definek, of
my of the wernanties or obligations of Nis purchase order aed shall not b, dimmed a waiver of my right of the
damage in bamil, nay be rammed as you for credit and one, not to ho replaced except upon meipl of weinm
purchaser to insist upon mien performance haeafor my of its tights or remedies a to my such good, a gardla r
instructions from be City ofFort Collins,
of whm shipped, received or acceptod, as m my pd., or subsequent &fav0 bere nda, nor shall my purported
oat modification or rescission of Nis purchase order by be Purchaser operate as a waiver of my of the terms
Inspection. GOODS are subject o be City ofFort Collins nspetion on artWal.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in resmarse to bit order caut mmI, in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fan Collins. However, it is to be understand for FINAL
Seller and the Purchases recognize that in actual economic, practice, overcharges resulting fieindicator
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violations are in fact home by the Purchaser. Theretofore, for good came and as consideration far executing this
purchase order. the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipments most her F.O.B., City of Fan Collins, 900 Wood St,, Fort Collins, CO 80522, unless
acquired under federal or state antitrust laws for such overcharges relating to the particular good or services
tither saw sp ni0e l on this order. If permksion is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant to this pumhsse order.
bill must accompany invoice. Additional charges far packing will not be accepted.
Shipment Distance. Where manufacturers have disdibuting points in various Ends of the country, shipment is
expected from the nearest diminution point to destitution, and excess freight will be dNucred from Invoice when
shipments are made from greater disunce.
Permits. Seller shall procure at sellers sole cons all mcessary permits, ttnifimtas and licenses required by all
applicable laws, regulmiwx, oNimnen and rules of Ue able, municipality, harm y, or political subdivision where
be work is performed, or required by my other duly comtimmd public aathonry havingjansdiction over me work
of saxam, Seller further agrees m hold the City of For Collins hmmlass from and against all liability and loss
incurred by them by resmn of an asserted or established violation of my such laws, regulations, wis inners, rates
and dammmens.
Authorization. All parties to his contract agree Nat be representatives art, in fan, born tide and possess full and
complete authority to bind said pries.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions sited
herein set forth and any supplementary or additional corms and conditions annexed herem or incorporated herein by
reference. Any additional or different terms and conditions proposed by seller me objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your
promised delivery dam as noted Time is ofthe roseate. Delivery and performance must be efbcted within the time
stated on Ue porch w order and the documents attached hereto. No act of the Purchasers including, without
limiution, acceptance of pmial lam deliveries, shall operate as a waiver of Nis provision. In the event ofmy delay,
be Purchaser shall have, in addition to other legal and sec uimble remedies, be option effacing his order elsewhere
and holding the Seller liable for damages. However, be Sella shall cat be liable for damages as a result of delays
due to causes not rampantly fores,able which are beyond its rwwwble conpol and without its fault of negligence,
such acts affirm, was of civil or military auUwnna, governmental price ivies, fires, strikes, Bond, epidemies, was or
hors provided that notice of be conditions among such delay is given in the Purchaser within five (5) days ofthe
time whm Ue Sena End received knowledge thereof. In me avmn ofmy such delay, be date of delivery ahall be
extended for the period equal to Ne time,,ally lost by reason ofbe delay.
3. WARRANTY.
The Sella warrants but all goods, articles, mrmards and wok covets by this order will cunfxor with applicable
drawings, specifications, samples andror other dowriptiom given. will be fit for be purposes attended, and
perfommcd with be highest degree of care and compevence in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold the purchaser hamdes fmm my loss, damage or expense which be
Purchaser may suffer or incur on account ofthe Sellers breach of wananly. The Sella shall replace, repair or make
good, without cost to the purchaser, my defect, or faults wising within one (1) year or within such longer period of
time as may be prescribed by law or by be temp of any applicable warranty provided by the Seller after be data of
acceptance of the goad nourished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials fmished by Ue Seller. Acceptance or use of goods by the Purchsstt shall not
constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, be Sellers
liability hematite, shall extend to all damages proximately caused by the breach of my of be forgoing wananties
or guaanow,, but such liability shall in no went include loss of prefix 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 legal temp by women change order.
S. CHANGES IN COMMERCUM, TERMS.
The Purchaser may make any changes to be temp, order than legal tams. mending addifiom to or deletions four
the q.,are. m gimlly oadered in Ne specifications, or drawings, by ea tau or wnnert change reader. If any such
change affcas the amount due or be time ofperformmcc hemandtt, an equitable adjustment shall IN made.
6. TERMINATIONS.
The Purchaser may err my time by woes, change aide,, lermidme this agreement ss m my m all portions of the
goods then not shipped, subject to any equitable adjustment belween the panics, ss to any work or materials then in
progress provided that be Purchaser shall not be liable far any claims for anticipated profits on be uncompleted
portion of the goods and/or work, for incidental or consequential damages and that no such adjustment be made in
favor of the Seller with respect to any goods which are the Sellers standard stock. No such temtinatism shall relieve
the Purchaser or the Seller of any oftheir obligations as to any good delivered hereander.
). CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be azsened within thirty (30) days from be date the change or termination is
ordard.
S. COMPLIANCE WITH LAW.
The Seller warrmm that all goods sold hereunder shall have been produced, sold, delivered and burnished in strict
compliance with all applicable laws and regulations to which the goad are subject. The Sella shall execute and
deliver such documents as try be required m effect or evidence compliance. All laws aad regulators, required 1w be
incorporated in agreements of bit charmam are hereby bmmporated herein by this refedeo,. The Sella agrees m
indemnify and hold the Purchaser hvmleas from all cans. and damaga suffcnal by be Purchaser az a taint of be
Sellers failme to comply with such law.
9. ASSIGNMENT.
Neither party shall resign, mapfr, or convey Us order, or my monies due err m become due hereunder wlbom the
prior wriden coment ofthe other party.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materals, and items Famished
in permannnce of this agreement, free and clew of my and all liens, restrictions, reservations, security interest
encumbrances and claims archers.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser dbmts the Sella to mrrecn nonconforming or defective good by a date to be agreed upon by the
Purebsser am the Seller, am the Sella bereafttt indicates is inability w unwillingness, comply, be Purchaser
may cause the work to be performN by be most expeditious meats available to it, and the Sella shall pay all
crap aw«ated with such work.
The Seller shall release the Purchaser and its coataeama of my tia from all liability and claims of any nature
resulting flown the performance, ofsuch work.
This release shall apply even in the wart of fault of negligence of the Party ,leased and shall extend as the
directors, oRcers and employees ofsuch Perry.
The Sellars contactual obligations, including warranty, shall not be dermed to be reducad, in my way, because
such work is performed or acted to be, performed by Ue Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save harniless the Purchaser from any and all claims for i ffimummad
by reason of the use of such patented design, device, manual or process in connection with the contract, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such
infringement at any time during me prosecution or inner the completion of the work. In case said equipment, or
any pan thereof or the intended use of the good, is in such suit heid ta cons irate infringement and the m, of
wait equipment or pan is enjoined, be Seller shall, at its own expense and at its option, either procure for be
Purchaer be night ta continue using said equipment or pans, replace the same with substantially cgml but
nanin(ringing equipment or modify it an it becomes unnitura ing.
15. INSOLVENCY.
If be Sella shall became insolvent or warraupt, aake m assignment for be bernefir of creditors, appoint a
or nowt, for any of be Sellers property, or bazmens, this order may faMwib be, canceld by be
Puuhaser without liability.
16. GOVERNING LAW.
The defnitioru ofm. used of the whapreution of the agreement and the rights of all parties herea da shall be
rorwed under and governed by be laws ofbe Sum of Colorado, USA.
The following Additional Conditions apply only in cases where the Seiler is m Perform work hereanda,
including the aercices of Sellers Represenbroc(s), on the premises afothers.
19. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sella s own risk until the same is fully completed and accepted, and shall,
use of any accidem, destruction or injury to the work ,Nor mammals before Seller's final completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of be Purchaser. When materials
and equipment are famished by others for installation or section by the Sella, the Sella shall receive, unload,
stare add handle same at Ue site and become responsible therefor as though such randenak and/or equipr,ot
were being furnished by be Seller under be order.
18. INSURANCE.
The Sella shall, at his own expetue, provide far the Payment of wok, mmpewtiom includng occupational
disease bmefits, to its employees employed on in in conntalion with the wok covered by this purchase area,
womr to their depended. in accordance with the aes of be sure in which the wok is an be do,. The Sella
shall also wary comprehensive general liability including. but rut limited to, conttactaal and aut radvaile public
liability harmonic with bodily injury and death limits of m least S3W,o00 for any one person, 5500,1100 for any
one accident and property damage limit per accident of S400,10hU. The Seller shall likewise require his
contractors, if any, , provide for such compmsmion and insurance. Ref can, of the Sellers or has contactors
employees shall do my work upon be premises of others, be Seller shall furnish be Purchaser with a catifmcate
that such comprnsmion and insurance have been provided. Such certificates shall specify be are when such
ompauation and insurance have been provided. Such certificates shall specify fe date when such compensation
and insurance expires. The Seller agrees bar such compensation and insurance shall be mamatimed until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby rasumes the entire responsibility and liability fir any and all damage, loss m injury of any kind
or nacre whatsoever to persons or property caused by or retailing fmm Ne execution of the work provided for in
this purchase order or in connection hwcnim m The Sella will indemnify road hold harmless be Purchaser and any
r all of the Purchasers officers, agents mad employees fmm and against any and all claims, losses, damaga,
chmga or expenses, whether direct or indirect, and whether to perdu or property to which the Purchaser may
be put or subject by reason of any and, -lion. neglect, omission err default an be pan of be Sella, any of his
contractor, or my of the Sellers or commamr, aRcen, egens or employees. In case my suit or ober
pmeccdings shall be, brought against the Purchaser, or its officers, agents or employees at any time on mmmt or
by reason of my act ration, region, omission or default of the Seller of my of has contra . of my of its or
their officers, agents or employees as aforesaid be Seller hereby agrees to assume be defense thereof and to
defend be came at be Sellers own captive, to pay my vd it costs, charges, anomeys fees aM oNa apm sins,
my aM all judgmm. that may be aqured by or obtained against be Pttrtbazer or my of its or men officers,
agents or employees in such suits or other proceedings, and in case judgment or other lim be placed upon or
obtained against be property of be Purchaser, or said parties in or as a result ofsuch suits or other proceedings,
the Seller will at once cause be same to be dissolved and discharged by giving bond or oberwise. The Seller and
his contractors shall fake all safety incarnations, famish and install all gunrds necessary far be prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupalimad Safety and Health Act of 1970 and all rules and regulations issued pursuant nisi.
Revised O7R014