HomeMy WebLinkAbout125758 FULLER LANDSCAPING - PURCHASE ORDER - 3214314 (2)Fort Collins
Date: 06/16/2014
Vendor: 125758
FULLER LANDSCAPING
4836 KIVA DR
LAPORTE CO 80535
PURCHASE ORDER
PO Number Page
3214314 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: STREETS DEPARTMENT
CITY OF FORT COLLINS
625 NINTH STREET
FORT COLLINS CO 80524
Delivery Date: 01/15/2014 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
2 Addendum to PO
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:pumhasing@fcgov.wrn
1 LOT LS
30,000.00
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. COMMERCIALDETAIIS.
Tax exemptions. By stenfm the City of Fon Collins is exempt from state and last uxu.Our Exemption Number is
I I. NONWAIVER.
98-01502. 1'edeml Excise Tax Exemprim Cmifeaf of Registry 10-6000587 is registered with Ue Collector of
Failure of Ne Producer to insist upon stria parfinexamx of the terms and conditions hereof. failure or delay to
Ino=] Revenue Denver, Colorado (Ref, Colorado Revised Scores 1973, Chapter 39-26, 114 (a),
exercise any rights or remedies provided herein or by law, failure to promptly notify the Sella in the went of a
breach, the acceptance ofor payment for goods hereunder or approval ofine design, shall not rleae the Sella of
Goods Rejected. GOODS REJECTED due to failure to met specifications, either what shipped or due to deficas of
any of the wammies or obligations of this pumhase order ad shall not ha deemed a waiver of any right of the
damage in ,.air, may be returid m you for credit and arc nor to be replaced except upon receipt of written
Purchaser to insist upon strict performance hereefo, any of its rights or mnalies u to any such good, regardless
inswaions from the City of Fan Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any pmponed
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the R.
Inspection. GOODS are subject to the City of Fort Collins impation on arrival.
hereof.
r
Final Acceptance. Receipt of the merchandise, re or cgnipmed in response to this order c: in crud, in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
mthodzed payment on rise pan of the City of End Collins. However, it is to be understood that FINAL
Seller and the Purchaser recognize that in mtual a ome practice, overcharges nothing from mtitmst
ACCEPTANCE is dependent upon completion mall applicable required inspection procedures.
violations are in far, home by the Purchaser. Themmfore,nlnr good cause and or consideration for executing ,his
purchase order, the Sella 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 Tom Collins, 700 Wood St., Fort Collins, CO 80522, unless
anquir d under f ximal or state antidust laws for such overcharges relating to the particular gads or services
otherwise spai0ed on this order. If permission is given to prepay fight add charge separately, the original fight
p... based or acquired by be Purchaser pursuanno Was purchase order.
bit ma, acompany invoice. Additimal charges for pxking will rant be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where rra nfirco ers have distributing points in various pans of the coumry, shipment is
If the Purchuer directs tbe Sella to correct nonconforming or defative goods by a date to be agred upon by the
expected from the nearest distribution Point to datintion, and excess f ight will be dducoed from Invoice when
Producer and the Sella, and the Sella throttler inform to inability or unwillingness to comply, the Purchaser
shipments are cede from grater distance.
may cause race work to bc pdifomted by the most expeditious means available to it, and the Sella shall pay all
cows azsaimed with such work.
remains. Sella shall procure at sellers sole cost all necessary perform, certificates and licenses required by all
applicable laws, regulations, ordinances and roles of the sate, municipality, teramry or political subdivision where
the work is performed, or required by any other duly consimted public authority having juridiaim over the work
of vendor. Seller further agrees to hold the City of Fun Collins harmless from and against all liability and loss
incurred! by them by reason of— asserted or established violation of any such laws, regulations, ordinmaes, rules
and mini rements.
Authorization. All ponies to this contract agree that the mpresentotives are, in far.,, bon. fide and possess Pall and
complete authority m bird said ponies.
LIMITATION OF TERMS. This Purchase Order expressly limits tompcnce to the terms and conditions stated
herein set forth and any supplementary or additional rcrns and conditions amexed harem or incorporated heein by
reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejated.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you an., make complae shil mcel to arrive oa you,
promised delivery dam as noted. Tame ox of the ¢satce. Delivery and pM rmance tent be e fated within the time
stated on the purchase order ord We documents stashed hereto. No ants of Ne Purchasers including, without
limicriod, saepanc, nflsarial late deliveries, shall opemm u a waives ofthis provision. In the evens ofany delay,
the Purchaser shall have, f addition to other legal and equitable remedies, the option corroding this order elsewhere
and holding the Sella liable for damages. However, the Seller shall not be liable for damages as a result of delays
due to causes not reasonably locatable which are beyond its reasonable crucial and without its fault of negligence,
such acts of God, acts of civil or military authorities, govemmencl priorities, fires, strikes, flood, epidemics, wars or
dots provided that notice of the conditions cousin, each delay is given m the Purchuer, within five (5) days of the
time when the Seller first received knowlec,e thereof. In the event of my such delay, the date of delivery shall be
arendeJ for the prod find in the time aurally last by remain of the delay.
3. WARRANTY.
The Seller warrants that all good, articles, materials and work covered by tuts order will conform with applicable
drawings, specifications, samples amor other descriptions given, will be fit for me puryoses intended, and
Performed with the highest degree of cue and competence in accordance wild ramped standard for work of a
similar nature. The Seller agrees to Mid the purchaser couples, from any loss, damage or expense which the
Purchaser may suR or incur on account office Sellers broth of wards,. The Sella shall replace, repair or make
gash without cost to the purchaser, my defects or faults rasing within one (1) year of within such longer perfd of
time as may ha prescnbed by law or by the lean ofmy it,hrable wadanry provided by the Seller after Bar date of
importer of the goods ftunished hereunder (aceptmce nor to be umeawnbty delayed), prutung from imperfect
a defative work done or materials managed by the Seller. Acceptance or we of goods by the Prirchnse.>hall not
ottstimte o waiver i fery claim order this w'armnty. Except as otherwise provided in this pmchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or guamntea, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Forbear, may make changes to legal terms by written change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to me terms, calm, than legal an. merlin, additions or or delaions from
me quainfiners originally oNead in the specifications or drawings, by verbal or wdnen change order. If my such
change affects the amount due or the time of perdermmee hereunder, an equitable adjutment shall be, made.
6. TERMINATIONS.
The Purchaser nay at my time by wncen change odes, ¢mmireate this agreement as to any or all priors of the
good then net zhipped, subject many egmarble adjmtmmt befican the parties as m my work or mmeriak then in
progress provided that We Purchaser shall nor be liable for my claims for anticipated profits on the uncompleted
random offset goods and/or work, for incidental or mtnryuential damages, and that no such adjustment be made in
favor of the Seiler with respect to any goods which ate the Sellers standard stock. No such ¢smination sill relieve
the franchiser or the Seller ofuny offset, bbligatio w as m any pied delivered hereandr,
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the date the change or mmmitgtion is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants Out all goods sold hereunder shall have ban produced, sold, delivered and famished in side,
compliance with all applicable Laws and regulations In which me good are subject. The Seller shall execute and
deliver such documents as may be rryulyd to effect of evidence compliance. All laws and regulations requital to be
incorporated in agreements of this character ere hereby incorporated herein by this reference. The Seller agues in
indemnify and hold the Purchaser hornless fmm all costs and damages suffered by rise Purchuer as a result of the
Sellars failed, to comply with such law.
9. ASSIGNMENT.
Nether party shall assign, transfer, or convey this order, of my mono due or an became due hereunder without the
prior written consent bfthe other pang.
10. TITLE.
The Seller warrants full, clear and unresaictid tide to the Purchaser for all minimum, nateraals, and ,are famished
in performance of this agreement, free and clear of any and all liens, restrictions, reservations, wean, interest
encumbrances and claims of others.
The Seller shall release the Purchaser and its contractors of any tin from all liability end claims of any made
resulting from the performance crunch work.
This More shall apply even in the event of fault of negligeom or the party released and shall extend to the
directors, officers and employees of such pang.
The Seller's contractual obligations, including warranty, shall not be deemed to be rdnced, 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, untenal or process covered by letter, patent trademark
r copyright, the Seller shall indemnify and save harmless the Pump ur from any and all claims for infringement
by facom of the use of such Wrested design, device, maenal or process in connection with the contract, and
shall indemnify the Purchaser for my cast, experts, or damage which it may be obliged to pay by ftason of such
inGmgemeul at any time during the preaccution or after the completion of the work. In con said eampment, or
any par heeof or the intended use of the good, is in such suit held as conctimtc infringement and the use of
said erpuiprrmrn or for is enjoined, the Sella shall, at its own expeuuu mod at its option, either prime for the
Purchaser the right to continue using said equipment or pars, replace the same with substantially egnl but
nofnlnnging equipment or mdify it so it becomes nonfnfr'nging.
15.INSOLVENCY.
If the Seller shall became insolvent or bankmp, make an u,ignmenl for the bene0n of creditors, appoint a
Po¢or but for any of the Sellers proper, or business, this order may forthwith be canceled by me
huer without liability.
16. GOVERNING LAW.
The definitions of terms used or the interpretation ofthe agreement and the nghescfall parties hereunder shall be
onstmed under and governed by the laws of the Stale ofC.Imadi USA.
The following Additional Conditions apply only in case where the Sella is to perform work hereunder,
including the services of Sellers Repesatctive(s), on the premises oforhers.
17. SELLERS RESPONSIBILITY.
The Sella shall ear, on said work a1 Sellers own risk unfit the same is fully completed and aapIc L and shall,
in case of any acident radiation or injury to the work mNor mmerialb harbor Seller's final completion and
acceptance, camplee Ne ..,it at Sellers own expense and to the satisfaction of Nr Purchaser. When nateraals
and ryuipment arc f ished by others for installation or erection by the Sella, me Seller shall receive, mdnad.
store and handle same at the site and become responsible therefor as though such materials and/or equipment
were being f Ishal by the Seller under the order.
IIf INSURANCE.
The Seller shall, at his awn 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 pachow order,
and/or to their dependcas in accordance with the laws of the suite in which the work is to be done. The Sella
shall also carry comprehensive general liability including, but cat limited to, contactual and automobile public
liability hwurence w'io ntlily injury unit death limits of at fact 5300.000 for any one person, $5W,W0 for any
one nodded, and pmpeny damage limit per accident of S400pW. The Sella shall likewise cequite his
contractors, if my, to preside for such compewtion add insurance. Boom my of the Sellers or his contractors
employees shall do my work No Ne Indian. of others, the Sella shall famish the Purchaser with a certificate
that such comp radon and inunace have been provided. Such certificates shall spcify the date when such
compensation and insurance have been provided Such cenifiaecs shall specify the date what such compansadod
and insurance expires. The Sella ogres fled such compemention and insurance shall be mairma ned until after the
entire work is completd and retained.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby mruma the entire responsibility and liability for any and all damage, loss or injury ofuny kind
or nacre whatsoever to persons or property caused by or resulting from the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold handless the Purchuer and any
r all of the Purchasers officers, agents and employees from and against any and all claims, lasses, damages,
charges or expenses, whether direct or indirect and whether to persons or property to which the Purchuer may
be put or subject by rawwn of any arc, action, neglect, omission or default on the paid of me Seller, any of ho,
conducted, or any of the Sellers or contractors officers, agents or employees. In case any suit or other
proceedings shall be brought against the Pmchm r, or its officers, agents or employees at my time on account or
by reason of my a4 action, neglect, omission or default of the Sella of my of his contractors or any of its or
their appears, agars or employees as oforesaid, We Seller hereby agrees at assume the defense thereof and to
defend the same at the Sellers own expense, to pay my and zee costs, charges, stout fees and other expenses,
my card all judgments Nat may ha incurred by or obtained against the Purchases or any of its or their affairs,
agents or employees in such suits or order proceedings, and m cue judgment or other lied be placed upon or
obtained against the property of the Purchaser, or said pvtia in or a a result of such suit or other proceedings,
the Sella will at once cause rise same to be dissolved and diahargd by giving bond or otherwise. The Seller and
his coma ins, shall take all safety precautions, frisk and install all guards necessary for the preveaio a of
accidents, comply with all laws and regulaiou with regard m safety including, but without liommon, Ne
Ompational Safety and Health Act of 1970 and all rates and regulations issued pursuant thereat.
Record 03R010