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HomeMy WebLinkAbout125758 FULLER LANDSCAPING - PURCHASE ORDER - 3214398PO PURCHASE ORDER 321439er Page City. of 3214398 1of2 ' `tCoi Ins This number must appear ` ` on all invoices, packing sli s and labels. Date: 06/06/2014 Vendor: 125758 FULLER LANDSCAPING 4836 KIVA DR LAPORTE CO 80535 Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS CO 80524 Delivery Date: 06/06/2014 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 Extended Ordered Price , Snow Removal and Yard Maint Annual Per terms and conditions of 7113 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.mm 1 LOT LS 10,000.00 Total $10,000.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 xdnr Tara s and Cond Lions Page 2 of 2 1. COMMERCIALDETAILS. Tax rxcmptiom. Byways, the Ciry of Fort Collins is exempt f atom and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Reign" 84-6000587 is registarM with the Collator of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Syyms 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of dunnage in transit, may be returned to you for credit and are hot to be replaced except upon receipt of written instructions front the City affect Collins. Inspection. GOODS are subject to the City of pod Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, servives or opudpment in response to this older run result in authorial payment on the part of the City of Fall Collins. However, it is to be understood Halt FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments most be EO.H., City of Fort Collins, 200 Wood SL, Fort Collins, CO 80522, unless oherwise specified en this order. lfpermic im is given to prepay freight and charge small the original freight bill must accompany anyone. Additional chout for packing will not the accepted. Shipment Literacy. Where manufacturers have distributing points in varicame pans of the country, shipmem is expected from the protest distribution point to destination, and excess freight will or deducted from Invoice when shipments are made Each greater distance. Permits. Seller shall procure m sellers sole cast all necessary permits, cenifiewas and licenses required by all tmplieable laws, regulations, ordinances and rules of the state, municipality, territory or pol ltiwl subdivision where the work is performed, or required by any other duly constituted public authority havingjmisliction aver the work of vendor. Seller further agrees to hold the City of Fan Collins harmless from and against all liability and lows inchoped by them by reason of am usmed or eat blished violation of any such laws, regulations, ordinances, rates and bertumbecnta. I I. NONWAIVER. Failure of the Purchaser 1. insist upon strict performance of the leans and coaddiow hereof, failure ar delay as examine any rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a breach, the amma ice ofor payment for goods hereunder at approval ofthe design, shall not release fie Seller of any of the warm noes or obligations of this purchase older and shall not be deemed a waiver of any right of the purchaser to insist upon sdct performance brief or any of its rights or remedies as to any such goods, regardless 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 order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser perform fat in actual es. is profile, overcharges resulting from antitrust violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing phis pubdowe order. the Seller hereby assigns to the Purebua any and all claims it may now have or hereafter acquired note, federal or sup, avowal Iaws for such overcharges relating to the proimlm goods m services purcbued or acquired by Her Purchaser pursuant to this purchase order. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Iffy Purchaser, directs the Seller m coned nonconforming or de efte, goods by a date m be agmcl upon by fie Purchaser and the Sella, and she Seller thereafter indicmm its inability or unwillingness to comply. the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller anal pay all costs associated with such work. The Seller shall release file Purchaser and its cmnmcmn of any tier from all liability and done, of nny nature resulting from the performance of such work. This palms, shall apply even is fie event of fault of negligence of the parry released and shall extend to fie directors, officers and employees of such party. Authorization. All pries 30 this contract agree that the representhime ate, in fact, was fide and posaws full and The Seller's mntrectnal obligations, including warranty, shall not be dimmed m be reduced, in any way, because complete authority to bind said panl such work is performed or mood to be performed by tin Purchaser. LIMITATION OF TERMS. This Purchase Older cxpmady limits are,.- to the a. and mndigons stated herein act forth and any supplementary or additional emu and conditions annexed hereto or incorpomted herein by refcmme. Any additional or different emm and conditions proposed by seller are objected to ma hereby rejected 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your pmmixcd delivery date as noted, lime is of the essence. Delivery and performance nest be effected within the time stated on the purchase order and the documents avached hereto. No acts of the Purchnsrs including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and halAing the Seller liable for damages. I loyarm, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which art beyond its reasonable control and withom its fault of negligence, such acts of God, acts of civil or military wrohmitica, g.v,,m,fl priorities, fires, strikes, noW, epidemics, wars a, riots provided that wtice of she conditions causing such delay is given to fie Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the even of any such delay, the date of delivery shall b, extended fro the period egnal m the lime xtuolly lost by reason off, delay. 3. WARRANTY. The Seller warrants slut all goods, articles, materials and work covered by this older will conform with applicable drawings, specifications, samples andtor other descriptions given, will by fit for the purposes operated. 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 hamtless fmm any loss, damage or expense which fie Purchaser my suffer or incur on account of the Sellers breach electricity. e Seller shall replace, repair or make good, without cost to the purchaser, any defects or Paul¢ arising within one (U ymr or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of cceptance of the good, famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or mmenals famished by the Seller. Acceptance or use of goods by He Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase ought, the Sellers liability hereurda shall extend m all damages proximemly caused by the breach of any of fe foregoing continues or guarantees, but such liability shall in no event include loss of profit, 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 tepoa by wrntm change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal ferny, including additions to or deletions from the quantities originally ordered in the spr6ricmions or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperfanmxnce hereby e, an egpitable mljusoncnt shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change elder, mrtninam this agreement as to any or all portions of the gcxsk then not shipped, subject to any equiable adjustment between the probes as to any work or materials fen in progress provided that the Purchaser shall not be liable for any claims for anlicipeacd pmfts on the uncompleted portion of the goods andbr work, for incidental or consquentfl doraagm, and that no such ndjuslment be made in favor of the Seller with rustles, a may goods which art the Sellers sanded sock. No such mrminatien shill relieve the Purchaser or fie Seller of any ofmi, obligations as as any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mast be asserted within thirty (30) days flown the dam the change or lermination is ordered. I. COMPLIANCE WITH LAW. The Seller warrants that all goads sold hereunder shall have been produced, sold, delivered and famished in stud 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 compliance. All laws and vegetations rmuimd to be inempommd in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hmmless fmm all costs and damages withered by the Purchaser as a result of the Sellers failum to comply wish such law. 9. ASSIGNMENT. Neither party shall assign, manager, or convey this what, or any rrwnies &a or in become due hereunder without the prior written consent off, other parry. Ill. TITLE. The Seller warrants Bill, clear and unmWced title to the Purchaser for all equipment, materials, and item furnished in performance of this agreement, free and clear of any and all liens, mhictiom, reservations, security interest encumbrances had claims of others. 14. PATIENTS. Whenever the Seller is mired to use any deign, device, material or process covered by letter, patent, trademark or copynght, the Seller shall indemnify and save hamless the Purchaser fmm any and all claims for inGngemem by reason of the use of such patented design, device, nytedal or process in chrnedlon with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by rceson of such infringement of any time during the prosecution or aner the completion of the work. In case said equipmenl, or any pan thereof or the intended use of the goods, is in such .it held r. cotarimte infingcment and the use of said equipment err pill is enjoined, the Sella shall, at its own expense and W its option, either procure for the Purchuer the right to conlinue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of might appoint a opeciver or trustee for any of she Sellers property or business, this order may forthwith be camblcd by fie Purchatt without liability. 16. GOVERNING LAW. The definitions of¢ran used or the intnp Lion offhc agreement and the lights ofall parties hereunder shall he construed under and governed by the laws of the Suite ofColomdo, USA. The following Additional Conditions apply only in cases where fie Seller is W perform work hereunder, including the services of Sellers Representafive(s), on the premiaes officers. IT SELLERS RESPONSIBILITY. The Seller shall may, on kind work at Sellers own risk until the same is fully completed and accepted, and shall, in x of any accident, destruction or injury to the work outdoor materials before Seller's final completion and acceptwce, complete the work at Sellers own expense and to fie satisfaction of the Peninsula. When materials and ra uipermat we f fished by others for installation or reaction by fie Seller, fie Seller shall receive, crowd, store and M1 indle same at the site and become responsible therefor as though such materia6 major equipment were being famished by the Seller under the out 18, INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational do. Facilities, to its employees employed oa fir in connection with the work covered by this pumhau at maker to their dependents in accordance with the laws of the shim 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 at brief 8360,000 for any one proven, $500.000 for any one accident and property damage limit per accident of 8400,000. The Seller shall likewise nquire his oneaems, if any, ,, provide for such compensation unit insurance. Before any of the Sellers w his contracors employees ahall do any work upon the premises of ethers, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificate; shall specify the data when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insumence expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work u completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Salley hereby assumes the enifire respowibilay teal liability fir any and all damage, dos or injury orany kind r wtuve whatsoever to persons or pmlxcny caused by or mulling from the execution of the work provided for in this purchsse order or in correction herewith. The Seller will indemnify and hold hapless Bob Purchaser and my r all of fie Purchasers oRcen, agents and employers flow and against any and all claims, losses, damages, charges or aspen ew, whelher direct or indirect, and whether I. persons or properly to which he Purchaser may be put or subject by reason of any act, anion, neglect, omission or default on the pan of the Seller, any of his contactors, or any of the Sella or contractors ,Dicers, .gems or employees In caam any lair or other proceedings shall be brought against the Purchaser, or its aRcers, agents or employees an any time on account or by mason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees as assume the dema e, thereof and to defend the same at the Sellers own expense,1. pay any and all costs, charges, mymcys fees and office 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 ofer proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in ar as a molt of Bach suits or ofer proceedings, the Sell,, will at omc anu the same to be dissolved and discharged by giving boa or mhenvise. The Seder aid his confusion shall take all safety prevautioess, furnish and itulall all guards necessary for He ivention of accidents, comply with all leas and regulations with regard m safety including, but without limitation, the Occupational Safety and Health An of 1970 and all poles and regulations issued pursuant therm. Revised 03R010