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HomeMy WebLinkAbout125758 FULLER LANDSCAPING - PURCHASE ORDER - 9120018City of Fort Collins PURCHASE ORDER PO Number Page 9120018 tof2 This number must appear on all invoices, packing slips and labels. Date: 01/0512012 Vendor: 125758 Ship To: TRANSFORT BUS FACILITY FULLER LANDSCAPING CITY OF FORT COLLINS 4836 KIVA DR 6570 PORTNER ROAD LAPORTE Colorado 80535 CITY OF FORT COLLINS Colorado Delivery Date: 01/04/2012 Buyer: JOHN STEPHEN 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 Ordered Extended Price Snow removal at ther Downtown 1 LOT LS 7,613.00 Transit Center PER TERMS AND CONDITIONS OF BID 6113 Total $7,613.00 C3. Oi1e.� aQ � City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, CPPO 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 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. COMMERCIAL DETAILS. Tax exemptions. By stanne the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAI VER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict perfomancc of the terms and conditions hereof. failure or dclav to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, hall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any ofthe wamoties or obligations of this purchase order and shall not be deemed a waiver ofany right of the damage in transit, may be resumed to you for credit and arc not to be replaced except upon receipt of written Purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless instructions from the City of Four Collins. of when shipped, received or accepted, as to any prior or subsequent default harearder. nor shall any purported oral mMification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. Howcvcr, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B.. City of To" Collins, 700 Wood St.. Fon Collins, CO 80522, unless acquired tinder federal or state antitrust laws for such overcharges relating to the particular goods or services ahctwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 3. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers, have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted form Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc 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 assneimed , hh sari work Permits Seller shall procure at sellers sole cost all necessary Permits, certificates and licenses required by all applicable laws regulations, ordinances and rules of the state, municipality, territory 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 agrees to hold the City of Fon Collins harmless from and against all liability and loss incurred by them by reason of an asered or established violation of any such laws, regulations, ordinances, talcs and requirements. Authouzmion. All parties to this concoct agree that the mprcsmtatives are, in fact bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and aey supplementary or additional toms and conditions annexed hereto or incorporated herein by reference. Any additional or different toms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive tin your promised delivery date as noted. Time is ofthc essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance offartial late deliveries, shall operate as a waiver ofthis provision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the 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 ofnegligence, such act, of God, acts ofcivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days ofthe time when the Seller first received knewledgc thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, 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 standards for work of a similar nature. The Seller agrees to hold the purchaser harmless firm any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of wamnry. The Seller shall replace, repair or make good, without cost to the purchaser. any defects or faults arising within one (1) year or within arch longer perind of time as may be prescribed by law or by the terms ofany applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect err defective work done or materials furnished by the Seller. Acceptance cruse of goods by the Purchaser shall not constitute a waiver ofany claim tinder this wamnty. Except as otherwise provided in this purchase order, the Sellers liability hemunder shall extend to all damages proximately caused by the breach of any of TM foregoing wamnde, or guarantees, but such liabilityshall in no event include loss of pofits or Ioc 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 toms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions form the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperf rmancc hereunder, an equitable adjustment shall be made. b. TERMINATIONS. The Purchaser may at any time by written change order. terminate this agreement as to any or nil portions of the goods then not shipped, subject to any equitable adjustment bctwom the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on oe 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 arc the Sellers standard stock. No such termination shall Tel ieve the Purchaser or the Seller of any of their obligations as to any goods del iv'cred hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjusrment must be asserted within thirty (30) days from the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all goods mid hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may bo required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer. or convey this order, or any monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Scllcr wamnts full, clearand unrestricted title to the Purchaser for all equipment materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contactors ofany tier form all liability and claims of any nature resulting from the performance ofsuch work. This mlcase shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees ofsuch party. . The Seller's contractual obligations, including warranty, shall not be deemed to be reduced. in any any. because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is requited ru use any design, device, material or process covered by letter. patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design. device, material 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 ofsuch infringement at any time during the prosecution or after the completion ofthe work. In ease said equipment or any pan thereof or the intended use of the goods, is in such snit held to constitute 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 Purchase the right to continue using said equipment or pans, replace the same with substantially equal but anninfringing equipment. ormedify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall bseome insolvent or bankrupt, make an assignment for the benefit of crcdimrs, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition, oftems used or the interpretation ofthc agreement and the rights ofall patties hereunder shall be construed under and governed by the laws ofthe State of Colomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services ofSellers Rcprcscmative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case 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 of the Purchaser. When materials nod equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, nnlond, store and handle same at the site and become responsible therefor as though such nrleTials and/or equipment were being furnished by the Seller under the order. 19. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order. and/or to their dependents in accordance with the laws ofthe state in which the work is to be done The Seller shall also carry comprehensive general liability including, but not limited to, contraenrnl and automobile public liability insurance with bodily injury and death limit of at (cast 900.000 for any one person, S500.000 for Tony one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the Premises ofothers, the Sellershall famish the Purchaser with a cenifieatc that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall .specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until aner the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hereby assumes the entire responsibility and liability for any and all damage, lossor injury ofany kind or nature whatsoever m persons or pmpcity caused by Tor resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamdcs, the Purchaser and any or all of the Purchasers effects, agents and employees from and against any and all claims, losses, damages, charges or expenses. whether direct or indirect, and whether to persons or property- to which the Purchaser may be put or subject by reason of any act, action, neglect omission or default on the part ofthe Scllcr, any of his contractors. or any of the Sellers or canmeors, officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its affects. agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contactors 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 costs, charges, attontcys fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser m any of its or their officers. agents or employees in such suits or other proceedings, and in caw judgment or other lien be placed upon or obtained against the property of the Purchaser. or said panics in or as a result of such suits or other proceedings. the Sel her will at once cause the same to be diswised and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions. Finnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all tales and regulations issued pursuant therein. Revised 03/2010 anror Independent Cost Estimate , Qj✓o i, P Date of Estimate: 1/3/2012 Contract Type: Existing Contract or PO (Y/N): Y Description of Goods (A) or Services (B): Snow Removal at 250 N. Mason - Fuller Landscaping I have obtained the following estimate from; Published Price List / Past Pricing (date) 1/1/2011 Engineering or Techincal Estimate (performed by) Independent Third Party Estimate (performed by) Other (specifiy) Cost Estimate Details: (Estimate calculated in US Dollars) Cost of Standard Items Product Actual 2012 2012 Total Estimate 2011 1.5 % Adj. Snow Removal at Downtown Transit Center 1 $ 7,500 1 $ 113 1 $ 7,613 Total Adjustment based on projected CPI increase C:\Documents and Settings\jstephen\Local Settings\Temporary Internet Files\OLK47\ICE - 2012 Blanket Purchase Orders (2)Fuller 1/4/2012 Excluded Parties List System Page 1 of 1 Search - Current Exclusions coi�c Resources > Advanced Search > Multiple Names > Exact Name and SSNITIN > MyEPLS > Recent Updates > Browse All Records View Cause and Treatment Code Descriptions > Reciprocal Codes > Procurement Codes > Nonprocurement Codes Agency & Acronym Information > Agency Contacts > Agency Descriptions > State/Country Code Descriptions OFFICIAL GOVERNMENT USE ONLY > Debar Maintenance > Administration > Upload Login Search Results for Parties Excluded by Firm, Entity, or Vessel : fULLER LANDSCAPING Classification : Firm State: COLORADO Country: UNITED STATES As of 04-Jan-2012 6:10 PM EST Save to MyEPLS Your search returned no results. 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