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HomeMy WebLinkAbout441376 ROCKY RIDGE NURSERY & LANDSCAPE LLC - PURCHASE ORDER - 3215157PURCHASE ORDER PO Number Page C.It)/ of PURCHASE 5157 t of z ' `ppearl F6rt Collins/ on all invoices, pacst king �I " on all invoices, packing �slips and labels. Date: 01/12/2015 Vendor: 441376 ROCKY RIDGE NURSERY & LANDSCAPE LLC 327 E COUNTY RD 60 FORT COLLINS CO 80524 Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 01/12/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 2015 CONTRACTUAL 1 LOT LS 50,000.00 PER TERMS AND CONDITIONS OF BID 7564 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 Pay terms net 30 days Invoice Address: r1r rr City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is II. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry M.&X0587 is registered with the Collector of Points of the Purchaser to insist upon muster performance of the terms and conditions hereoL falme or delay to Internal Revenue. Denver, Colorado (Ref Colondo Revised Statutes 14/3, Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, f slure to promptly notify the Seller in the event of a breach, the azceptan w of or payment for goods herewder or approval of the design, shall not release she Sella of Gamis Rejected. GOODS REIECfED due to failure w meet specifications, either when shipped or due to defects of any Of the warrenti m or obligations of this purchase order and shall not be deemed a waiver of any riPht of the damage in transit, may be rmumed a you for credit and are not to be replaced except upon receipt of wrinen purchaser to insist upon strict perform Once hereofor arty of its rights or remedies m many such goods, regardless instructions from the City of ran Collins of when shipped, received or accepted, as an my prior or subsequent default hereunder, nor shot any puryoned oral modification or rescission of this purchase order by the Purchaser operate m a waiver of any of the terms Inspection. GOODS are subject no the Ciry of Fort Collins impactor. on arrival. hermf, Final Acceptance Receipt of the merrhwdise, services or equipment in response w this order can r emit in 12. ASSIGNMENT OF AN71MUSTCLMMS. aothonsed payment on the pan of the City of Fort Collins However, it is w be understood chatFINAL Seller and the Purchaser recognise thin in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore�fotr good cause and ax consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all clams it may now have or hereafter Freight Perms. Shipments must be F O.B., City of Fort Collins, VW Wood Se, Fria Collins. CO 80522, unless acquired under federal or state matmst laws for such overcharges relating m the panicular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant w this purchase order. bill must accompany invoice. Additional charges for packing will trot he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Domme.Ulacre maaufacwbets have divriatem, points in various parts of the country, shipment is If the Puuchaser directs the Seller to correct nonconforming or defective goods by a dare to be agreed upon by dre expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Furchmer and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance, may cause the work to be performed by the most expeditious means available to it and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by Al applicable laws, regidamme. ordinances and rules of the state, rmmlci,wil , territory or political subdivision where The Seller shall release the Purchaser, and its contractors of any act from all liability and clams of any worse the work is Performed or requited by any other duly wmtitute l public authority having jurisdiction over the wart resulrng from the performance of much work. of vendor. Seller lumber agrees to hold the City of Fort Collins hamleas from and against all liability and loss incurred by them by reason of an asserted or established violation of any such lawsregulations, ordinances, rules This release shall apply wen m the event of fault of negligence of the parry released and shall extend to the and requirements directors, oFlicers and employees of such parry. Authonernion. All owns to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said panics. LIMRATION OF TERMS. This Purchase Order expressly limits acceptance m the to. and media. abated herein sat foM and any supplementary or additional terms and handiness awexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by faller are objected to and hereby rejesual 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stared on the purchase order and the documents anached screw. No aces of the Purchasers including, without limiution, accegance territorial lace deltyenez, shall sparred in a waiver of this proviso. In the event ofany delay, the grommet shall have, in addition on other legal and equitable umci ids, the often of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shsl not be liable for damages m a Orson of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofnegligence. such am of God, acts of civil or military aothornle, governmental priorities, fires, strikes, hood, epidemics, wars or not, provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of den time when the Seller first received knowledge herof. In the event of any such delay, the date of delivery shall be extended for the period equ d to the time actually Ion by reason of the delay. 1. WARRANTY. The Seller warrants that all goods, mantles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold flu purchaser hamless from any loss, damage or expense which the Purchasm may suffer or incur w account arras Sellers breach trienniums. The Seller shall replace, repair or make good without cast to the purchase, any defects or faults wising within one (1) year or within such longer period of time as may be presented by law or by the terns of any applicable wananty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shop nut constitute a waiver of ary claim under this warranty, Fxcept as otherwise provided in this purchase order, the Sdkrs liability hereunder shell extend m all damaees proximately caused by the breach of any of the foregoing warrwties or guarantees, but such liability shall in no cream include loss of profits or loss of we NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. a. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by wit thin change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes w the terms. other than legal tams, including additions to or delefiom from the quantities onyinally ordered in the s carifismons or connotes, by verbal or whom 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 wnnen change order, terminate this agreement as to any or all ponions of the goods then not shipped subject to any equitable adjustment between the parties m to any work or materals then in progress provided that the Purchaser shall not so liable for any claims for anticipated profits on the uncompleted portion of the goods finger work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goads which are the Sellers standard sack. No such termination shall believe the Purchrow or the Seller of any of their obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADMSTMENC Any clam for adjustment muss be asserted within thirty (30) days from the date the change or termination is ordered. g. COMPLIANCE WITH LAW. The Seller wamnrs that all goods sold hereunder shall have been produced, sold delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliwce. All laws and regulations required fo be incorporated In agreements of this character are hereby Incorporated herein by this reference. The Seller agrees ro indemnify, and held the Purchaser harmless from all cos¢ and damages suffered by the Purchaser m a resell of the Sellers talon to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey his order, or any monies due or in become due hereunder without the poor written consent of the other parry. 10, TITLE. The Seller warrants, full, clear and unrestricted me to he Purchaser for all equipment materials, and items famished in performance of ds agreement free and clear of any and all liens, restrictions, reservations, hount, interest encbnnbrencu and clams clothiers. The Selleh emstracma obligations, including warranty, shall not be dared to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. I3. PATENTS, Whenever the Seller is no,d ed louse arty design, device, material or process covered by lever, parrot Trademark or copyright, the Seller shall indemnify end save harmless the Purchaser from any and all claims for infringement by reason of the use of such parented design, device, material or process in connection with the co fret, 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 the prosecution or after the complemar of the work. In eau said equipment, or any pan thereof or the intended use of the good, is in such suit held to cons tore inffmgemwt and the use of said equipment or pan is enjoined the Seller shall, at its own expense and a its doom, either procure for the Ptachaur the right to continue using sad equipment or ports, replace the same with substantially equal but noninfringing equipment or modify it so it becomes wninGnging. 15.1NSOLVENCY. If the Seller shall become insolvent or sentiment make an assignment for due benefit of creditors, appoint a faccivey or ousted for any of the Sellers property or business, this order may forthwith be canceled by the Parch ow without liability. 16. GOVERNINGLAW. The definitions of tents used or the interpretation of the agreement and the rights oral] panics hereunder shop be construed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellers Represenestivefs), an the premises of others. 17, SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully mmplesed and accepted, and shall. in e of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction oftee Purchaser.'M en materials and equipment are Famished by mhers for installation or erection by the Seller, the Seller shall receive, monad, same and handle same in the site and become responsible therefor w though such materials and/or equipment were being famished by the Seller coder the order. I8. INSURANCE. The Seller chat, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to is employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehmeive general liability including, but not limited to, contractual and automobile public liability Insurwce with bodily injury and deah limits of at lean 13e0.000 for any one person, S5000 p for any one azcidwf and pmperry damage limit per accident of S10BOOKI The Seller shall likewise require his cormaretwo, if any, to provide for such compensation and insurance. Before any of the Sellers or his correctors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such c mpensanon and insurance have been provided. Such c nifica es shall specify the time when such compensation and insurance have been provided. Such cenificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shot be maintained cool offer the entire work is completed and asserted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the more responsibility and liability for my and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connarion herewith. The Seller will indemnify and hold harmless the Purchaser and any or at of the Purchasers officers, agents and employees from and against any and all clams, losses, damages. charges or expenses, whether direct or indirect and whether to dr ws or proper w which the Purchaser may be put or subject by reason of coy act, action neglect, omission or default on tlm pan of she Selleq any of his conuazwrs, or any of the Sellers or contracwrs ofcer, agents or employees. In cats cony suit or other pmcw&ngs shall be brought almost the Purchaser, or its officers, agents or employes at any time on account or by reason of any act stood, neglect, emission or default of the Seller of any of his contracors or coy of its or their officers, user¢ or employees as aforezad, the Seller hereby agrees to assume the defense hermf and to defend the same of the Sellers own expense, ed pay any and al rusts, charges, memory, fees and after expenses, any and all judgments that may 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 mic judgment or fiber lien be placW upon of sheared against the property, of the Pwchmer, or said panic in or for a resull of such fares or other procesdings, the Seller will at once cause the same as be do,alved and discharged by giving bond or otherwise. The Seller and his contractors shot take all safety precautions, famish and instal all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safely including. but without Imatazion, she Occupations Safety add Health Act of 1970 and all odes and regulations issued pungent harem. Revised 0 a01d