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HomeMy WebLinkAbout125758 FULLER LANDSCAPING - PURCHASE ORDER - 3212189PURCHASE ORDER PO Number Page City Of 3212189 10 f 2 ' `t Collins This number must appear on all invoices, packing slips and labels. Date: 01/23/2012 Vendor: 125758 FULLER LANDSCAPING 4836 KIVA DR LAPORTE Colorado 80535 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 01/20/2012 Buyer: OPAL DICK 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 2012 Blanket Order 1 LOT LS Utilities 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. C3. Oi'1.:s2� City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, 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 Total Invoice Address: 16,000.00 $16,000.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Temis and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By Statute the City of Fort Collins is exempt from state aad meal Casa. Our Exemption Number is I I. NONWAI VER. 98-6,1502. Federal Excise Tax Exemption Certificate of Registry 84-GW0587 is registered with the Collector of Failure of the Purchaser to insist upon .strict performance of the toms and exam itioos hereof failure or delay to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 id. cscrcise any rights or remedies provided herein or by law. failure to promptly notify the Seller in the went of a breach, the acceptance ofor payment for goods hereunder or approval ofthc deign, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to mM specifications. either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may he rctumed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict perfomanee hereMor any of its rights or remedies as to any such grads, regardless instructions from the City of End Collins. of when .shipped, received or accepted as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase under by the Purchaser operate its a waiver of any of the toms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, service or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fact Collins. However. 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 of all applicable required inspection procedures. violations arc 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 Imma0cr Freight Terms. Shipments must be F.O.B., City of Fort Collins. 700 Wood SC., Fors Collins, CO 80522, unless acquired under federal or state antitrust Imes for such overcharges relating to the particular goods or services otherwise specified can 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 noler. bill most accompany invoice. Additional charge for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufnentrcm 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 fmm the nearest distribution point to destination, and excess freight will be dedtcted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or umvillingnesn to comply, the Purchaser shipments am made from greater distance. may cause the work to be perfumed by the most expeditious means available to it, and the Seller shall pay all cost¢ associated with such work_ PcmiL. Sella shall procure at sellcm sole cost all necessary permits. certificates and licenses rcquircd by all applicable laws, regulations, ordinances and rules of the state. municipality, territory or political sak ivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vend.,. Seller further agrees to hold the City of Fort Collins harmless form and against all liability and loss incurred by them by reason of an asserted or established violation of any such haws, regulations, ordinances, talcs and requirements. Authorization. All panics to this contract agree that the representatives are. in fact. bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Patch.. Order expressly limits acceptance to the terms and conditions stated herein sd finds aad env .supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different Icrms and conditions propcased by seller are objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is of the essence Delivery and perf reass mast be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of genial late deliveries, shall operate as a waiver ofthis provision. In the event of nny delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order eluwhe. and holding the Seller liable for damages. However. the Scllcr shall net be liable for damages as a result of delays due to enures not reasonably foreseeable which arc beyond its reasonable control and without its fault ofacgligcnec. such acts of Gnd, acts ofeivil or militaryouthorities, governmental primities. Rues, striker Mond, epidemics, mitts or riots presided that notice of the conditions causing .such delay is given to the Purchaser within five (5) days of the time when the Scllcr first received knowledge 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 ofthc delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conftnm with applicable drawings, specifications, samples and/or other descriptions given, will he fit for the purposes intended, and performed with the highest degree of care and competence in accomi site with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may su Rcr or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cast to the purchaser, any 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 azmnty provided by the Seller after the date of acceptance optic goods furnished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goals by the Parchamr shall not constitute a waiver of any claim under this warmnty. Except as otherwise, provided in this purchase order. the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of rite foregoing wamnties or guarantees, but such liability shall in no meta include loss ofprofits or loss ofust. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal trams, including additions to or deletions from the corm tics originally cardewd in the specifications or drawings, by verbal or written change nrdcr. If any such change affects the amount due or the time ofperfomance hereunder, an equitable adjustment shall he made. fi. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the ,.it, then not shipped, suhjecl to any equitable adjustment between the panics as to any work car materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated melitn can the uncompleted portion of the goods writer work, for incidental or consequential damages, and that no sods ndptsnncat he made in favor of the Seller with respect to any good which are the Sellers standard .stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller ..mats 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 arc subject. The Seiler shall execute and deliver such decumcncs as may be required 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 Seiler agrees to indemnify and hold the Purchaser hornless from all costs and damages suffered by the Purchaser as a result ofthc Sellers failure to comply with such law. 9. ASSIGNMENT. Neither patty shall assign, master. or convey this order, or any monies disc or to become due hereunder without the prior written consent of the other pony. 10, TITLE. The Seller wamats full, clear and unrestricted title to the Purchaser for all equipment. materials, and items famished in performance of this agreement. free and clear of any and all liens, restrictions, reservations. security interest encumbrances and claims nf.thers. The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature resulting from the performance of sieh work. This release 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 Sellers contractual obligations, including wamnty, shall not he deemed to be redueal, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device mancial or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save hamlet the Purchaser from any and all claims for infringement by reason of the use ofsuch patented design, device. n ial or process in connection with the contact, 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 persecution or after the completion ofthc work. In ease said equipment or any pan thereof or the intended use of the goads, is in such suit held to constitute infringement and the as, of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option. either procure, for the Purchaser the right to continue using said equipment or pans, replace the same mils substantially equal but nnninfringing equipment or modify it so it becomes nnninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or hankmpt make an assignment for the benefit of creditors, 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 definitions .f tans used or the interpretation of the agreement and the rights of ail panics hereunder shall be constmM undo and governed by the Imes ofthc State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the ser ices of Sellers Representative(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY, The Seller shall cam oa said work at Seller's own risk until the same is fully completed and accepted, and shall. in ease of any accident. destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seiler, the Seller shall receive intend. store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. IS. 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 lams of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contactual and automobile public liability insurance with bodily injury and death limits of m Ienu BAln,fgn for any one person. SSO0J010 for any 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 Scllcrs or his contractors employees shall do any work umnn the premises of others, the Seller shall furnish the Parchascr with a cenificatc that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been pmvidcd. Such certificates shall specify the date when .such compensation and imurmtcc expires. The Seller n,nces that such compensation and insurance shall be maintained until aner the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDEN"IS AND DAMAGES. The Seller hereby assumes the entire responsibility and linhility for any and all damage, lose or injury of any kind or nature Whute.cvcr to persons or property caused by or mashing Term the execution ofthe work provided for in this purchase order or in connection berets ith. The Seiler will indemnify mid hold harmless the Purchaser and any or nil of the Purchasers officers, agents and employees fears 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 mason of any act, action. neglect omission or default on the pan of the Seiler, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser. or its officers, 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 contractors car any of its or their officers, agents or employees as aforesaid, the Seller hacby agrees to assume the defense thcrcof and to defend the same al the Sellers own expense, to pay any and all costs, charges, attorneys fees and other 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 case judgment or other lien be placed upon or obtained against the pmpeny of the Purchaser. or said panics in or as a result of such suits or other proceedings. the Seiler will at once cause the same to he dissolved and discharged by giving band or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the prcvcntim 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 rules and regulations issued pursuant (hereto. Revised 03/2010