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HomeMy WebLinkAbout125758 FULLER LANDSCAPING - PURCHASE ORDER - 3214314 (3)Fort Collins Date: 07/24/2014 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 3 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:purchasing@fcgov.com ilSil�i& 50,000.00 Total Pay terms net 30 days 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 1. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Om Exemption Number is 98-04502. Federal Excise Tax Exemption Cenilieam of Registry 84-6W058) is mi ismred with the Collector of Internal Revenue, Denver. Colorado (Ref, Colorado Revised Statures 1973, Chapter 39-26, 114 (a). Chadds Rejected, GOODS RE3ECTED due to failure to meet specifications, either when shipped or due to detects of dm=ge in tmrssit, may he resumed in you for antra and are Out to be replaced except upon receipt of written insmsctic ns farm The City of Fort Collins. Inspection. GOODS art subject b the City of Fon Collins inspection on arrival. Final Acceptance. Receipt of the merehundiss, marvicass or equipment in Tamagni, to this order can result in authorized payment on the pan of the City of Fort Collins. However, it ism be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments must be F.O.B., City of Fort Carlos, 700 Wood Se, Pan Collins, CO 80522, unless otherwise specified oa This order. If permission is given Iri prepay freight and charge separately, ate original freight bill most accompany invoice. Additional charges for asking will not be accepted. Shipment Distance. Where manufacturers hose distributing points at .do. parts of the country, shipment is expected farm the nearest distribution point to destination, and excess freight will be deducted from Invoice when Shipments are made farm greater disance. Permits. Seller shall procure at sellers sole cost all necessary name, e, ventilations and licenses requital by s11 applicable laws, regulations, ordinances and tales ofthe amta muroupelity. terrimry 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 fight, agrees an hold de City of Fort Collins harmless from and against all liability, and loss incurred by them by reamn of an assumed or established violation of any such laws, mmIsgwO, ordinances, tales and requirements. Amhorizauon. All parties to this contract agree that the representatives arc, in fact, bona fide and possess full sad complete..henry on bind said parries. LIMITATION OF TERMS. This Purchase Order expressly From acceptance to the rums and condi0om' stated herein set forth and any supplementary, or additional terms and conditions annexed hereto or incriminated herein by reference. Any additional or different terms and conditions proposed by seller am objected to and hereby rejeeled. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive an your promised delivery dare as rated. Time is of the esseme. Delivery and performance most be amend within de time stated on the purchase order and the documents attached her. No tics of The Purchasers including. without limitation, acceptance ofpanial late deliveries, shall Organic as a waiver of this provision. In the event ofany delay, The Purchase, shall have, in addition to other IWI and crumble mnedies, the option of placing 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 fo¢secable which arc beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil or military authorities, govemmenml priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions ceasing such delay is given to the Function- within five (5) days of the time when the Seller but received knowledge thereof. In The event of my such delay, The date of delivery shall be extended for the period egml to The time actually last by eamn ofthe delay. 3. WARRANTY. The Seller warms that all goods, Wickes, materials said work covered by this order will conform with applicable drawings, speeifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and comMlence in accordance with accepted standard for work of s 'milar nature. The Sella, agrees to hold The purchase harmless tom any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of waranep ty. The Seller shall replace, ova it or make good, wilboat cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time in may be prescribed by law or by the terms of any applicable waranty provided by de Seller after the doe of acceptance of de good famished hereunder (acceptance not To be unreasambly delayed), reaulOng farm impairer or defcfve work done or materials fumishal by the Seller. Acceptance or use of goods by the Purchaser shall not onstim e a waiver of any claim under This warranty. Except as otherwise provided in this purchase order, the Sellers liability la rearder shall extend in all damages proximately caused by The breach of any of The foregoing warranties a gumamees, but such liability shall in no event include lass of pmfts or lass 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 terms by written change order. S. CHANGES IN COMMERCIAL TERMS. The purchase, may make my changes to the hems, other dvm legal tams, including additiors m or deleriom from the 9uanidm originally ordered in The specifications or drawings, by vedWl or writm n change order. If any such change affects The amount due or The it. of perfomtance hereunder, m equitable adjustment shall be made. 6. TERMMATIONS. The Pnrchuma may rah any time by written change ordeq man item this vu.-Wat or to any or all Tom— of the goods then not shipped, subject to any gru table ad untment between the panics as In any work or materials then in progress provided that the Purchaser shall nil be liable fur any claims for anticipated profit oa he uncompleted portion of the goods and/or work, for incidental or coasequatial damages, and that no such adjustment be made in favor of fie Seller with respect m any goods which are tee Sellers standard stock. No such hmti=tmn shall relieve the Purchase or The Seller of any oftheh obligations as to my goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assured within dirty (30) days from ,he dare the change or termination is Ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and fumobom in sloe, compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and deliver such documents as may he required to effect or evidence compliance. All laws and regulations required to be imomaectad in agreements of This character am hereby incorporated herein by This ref .The Seller agrees an indemnify and hold the Purchase harmless farm all cos and damages suffered by d, purchaser res a result of tee Sellers failure to comply with such law. 9. ASSIGNMENT. Neither patty shall assign, transfer, or convey this order, or my monies due or to become due hereunder without ,he prior written consent of the other party. I O. TITLE. The Seller warrants full, clear and umestrichd title on the purchaser, for all equipment, thaterias, and items famished in Pefortnmtt of dos agreement, fur and clw of my and all liens, restrictions, resmahiam, socmnry interest encumbrances and claims of offers. I L NON WAIV ER. Failure of the Purchaser to insist upon strict perfurmanre of the hams and conditions hereof, failure or delay to 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 ar approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser To insst upon auict performance hereof or any of its rights or remedies as or any such goods, regardless of when shipped, received or accepted, as to any poor or subnquent default him under, not shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waxer of any of the ¢tads Favor. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in fund economic practice, overcharges resulting from antitrust violations arc in fact home by the Purchaser. Theremfore, for good cause and as consideration for exrcmi ng this purchase order, the Seller hereby assigns m the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust laws for such o i filso es aching To The particular gown or services purchased or acquired by the Purchaser pursuant to this purchase We,, 13. PURCHASERS PERFORhIANCE OF SELLERS OBLIGATIONS. If the Purchaser directs The Seller to ounces nonconforming or defective good by a date,a be agreed upon by de Purchaser and the Seller, and de Seller domerfter indicates its mad liry or unwillingness m comply, the Pmcbaser may cause the work to be performed by the mom expeditious meats available to it, and the Seller shall pay all cosy exacciand with such work. The Seller shall release the Purchaser and its contractors of any tint from all liability and claims Of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the Amy released and shall extend to be dlrecton. officers and employees of such Pray. The Seller's contractual obligations, including warranty, shall no, he deemed to be reduced, in any way, because such work is Performed or caused to be fabricated by the Purchaser. 14. PATENTS. Whenever the Seller is required Ih use any design, device, material Or process cmured by lamer, p dead, 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 at p process in connection with the comma. and shall indemnify Ne Purchaser for any cost, expense or damage which it may be obliged to Pay by reason of such inGngemen, at any time during de ..fear or are the completion of the work. In use said Itaipmem, or any pan thereof or the intended use of the good, is in such suit held to commouse infringement and she use of said mluipment or pan is informal the Seller shall, at its own expense and at its option, either procure for the Purchaser the right or continue using said egripmen, or pans, replace de same wiN substantially equal bar mainfdnging equipment, or modify it sat it becomes noninfringing. 15. RESOLVENCY. If the Seller shall become iradvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for my of The Sellers property or business, this order may farthwiTh be canceled by de Purchaser without liability. 16. GOVERNING LAW. The definitions oftema used or the imerprtm,ion ofthe agreement and The rights of all prrim hrropp ler shall be crostrued under and govemed by tee laws of the Sate of Colorado, USA. The following Additional Conditions apply only in where the Seller is toperform work hereunder, including the services 0f Sellers Represemative(s), on thecases premises of ellars. ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers awn risk until the same is fully completed and accepted, and shall. in case of my accident, destruction Or injury to the work amber mateias before Sellers final completion and mvemence, complete the work to Sellers own age. and to the satisfaction of The Purchaser. When mammas and equipment art famished by others for installation or erection by The Seller, the Sella shall receive, wload, scare and handle same at The site and became responsible therefor ew though such materials and/or equipment were being famished by the Seller under the order. 18. B4SURANCE. The Seller shall, vt his own expense, provide for the payment of workers compensation, including occupational disease benefit, to its employees employed on or in camection with the work covered by Nis 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 Shelf also carry compreheuive gerhml liability including, but not limited to, contractual and automobile public Liability was once with Wily imany, and death limits of at Lean 9tgtgo for my one person. SSOLOW for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his if any, to provide for such compensation and insurance. Before any of the Sellers or his employees shall do any work upon the premises of others, the Seller shall famish The Purchaser with a certificate that such compenmaon and insurance have been provided. Such certificates shall specify the date when such ompenamion and insurance have been provided. Such certificates shall specify fire date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after de entire work is completed and acceptd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes Ne entire responsibility and liability far any and all damage, loss Or injury ofany kind or=tire whatsoever to persons or property com<d by or resulting from the execution ofthe work provided for in This pumhaee order or in connection herewith. The Seller will indemnify and hold harmless the purchaser and any or all of the Purchosers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and wham, to Persona or property to which d, Purchaser may be put or subject by mama of any act, action, neglect, omission or default on the part of the Seller, 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 my act, action, neglect, omission or default of the Seller of my of his contractors or any of its or the. officers, vgards or employees as aforesaid. the Seller hereby agrees to assume de defeose thereof and To defend the same or the Sellers own expense, m pay, my sad all cams, charges, anomeys fees and other expenses. any and all judgments That may be imuned by or obtained Wiwi the Purchaser or my of its or their officers, agents or employes in such his a, other proceedings, and in cue jim men, or other lien be placed upon or obtained against the property of the Purchaser, or said panics in or as a result of such sa irs ar ode, proceedings the Seller will a, once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his convachars shall take all at,,y precamiuns, famish and install all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupmia=I Safety and Health Act of 1970 and all rules and regulmioas issued pursuant Berm. Revised 07nOi4