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HomeMy WebLinkAbout125758 FULLER LANDSCAPING - PURCHASE ORDER - 3214314 (4)City of / 11 �t Collins PURCHASE ORDER PO Number Page 3214314 1of2 This number must appear on all invoices, packing sli s and labels. Date: 09/26/2014 Vendor: 125758 Ship To: STREETS DEPARTMENT FULLER LANDSCAPING CITY OF FORT COLLINS 4836 KIVA DR 625 NINTH STREET LAPORTE CO 80535 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 Ordered Extended Price 4 Addendum to PO 1 LOT LS 20,000.00 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 Total $20,000.00 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. COMMERCIAL DETAILS. Tax exemptions. By swmte the City of Fort Collins is exempt from store and local taxes. Our Exemption Number is I L NONWAIVER. 98-04502. Federal Excise Tax Exemption Captivate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to Past upon stria performance of the terms and conditions hermL failure or delay to " Internal Revenue, Denva, Colorado (Ref. Colotedo Revised Smmtes 1973. Chapter 39-26, 114 (a). micalisse any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment far pond brmmular or e,pr.. ol ofhc design, shall not release the Seller of Goad Rejected GOODS REJECTED due W failure to meet specifications, either when shipped or due to defects of any of be warranties or obligations of this purchase order and shall no, be deemed a waiver of my right of the damage in "real, may be rammed to you for credit and are not to be replaced except upon receipt of wrinen purchaser to insist upon strict perfomame hermfor my of its rights or candies as to any such'ands, regardless instructions from the City of Fort Collins. of when shipped, received or Income, as 10 my prior or subsequent default remember, nor shall any purported oral modification or extension of this purchase older by the Functional operate as a waiver of any of the terms Imparian GOODS art subject to the City of Fan Collin inspection on larval. hereof. Final Acceptance. Receipt of the muchandix, services or equipment in response to this order wI Paul, in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment ran the Wm of the City of Fon Collins. However, it is to be understood In, FINAL Seller and the Purchaser recognize that in actual a a practice. ovecharges resulting fromti m tvst ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations born are in fact e by the Purchaser. Theretofore nfor good name and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may mw have or hereafter Freight TemLs. Shipments must be F.O.B., City of Fon Collins, 700 Wood St, Fall Collins, CO 80522, unless acquir d under federal or state national laws for such overcharges miming to the particular goad or services otherwise spiralled on this order. If Permission is given to prepay freight and charge sepaately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where mwfactarers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct umconfomring m defective good by a date to be agreed upon by the expected from the Permit distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, radial Seller therea0er indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance, may more the work to be performed by the most expeditious means available to it and the Seller shall pay all calls associated with such work. Permits. Seller shill procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ardinmtees and rules of the stale, monicipalily, territory or political subdivision where the work is performedl, or required by any other duly constituted Public amhonty having paimbefli , over the on of vendor. Seller further agrees to hold the City of Fan Collins hamdesa from end against all liability rand lass trimmed by than by remain of an asserted or established violation of any such laws, regamloos, oNlnceces, call, and requirements. Authommuna. All parries 1. this contact agree that the representatives are, in fact, bow fide and posacss full end complete mbrany to bind said parties. LIMITATION OF TERMS. This Football Order expressly limits acceptance to the term and conditions; stated herein sn forth and any supplementary or additional arms and conditions annexed bacto or incoryom ed herein by reference. Any additional or different teams and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE. PURCHASING AGENT immediately ifyou nano., make complee shimmer to arrive on your promised delivery die as acted. Time is of the essenec. Delivery and patimprame must be effected within the time stated on the purchase older and the documents attached hereto. No acts of the Frrchasers including. without limitation, wcepmme of partial late deliveries, shall operate as a waiver of this paramount. In the event ofany delay, the Purchaer shall have, in addition to other legal and equitable readies, 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 reasomble cannot and without its fault of negligence, such acts of God, acts of civil or military authorities, govemmental prlo cries, fires, strikes, flour, epidemics, wars or fiats provided that notice of the conditions causing such delay is given as the Purchaser within five (5) days of the time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall M extended fir the period equal to the lime mtually lost by ream of the delay. 3. WARRANTY. The Seller wnmms that all land, articles, mmerlals and work covered by this order will confirm with applicable drawings, ssecifividons, 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 milur nature. The Seller agrees ,, hold the Inuchoer homeless from any lass, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach cf waranty. The Sella shall replace, repair or make good, without cast to the purchase, any defects or own arising within one (1) year or within such longer period of time na may be prescribed by law or by the terms ofany applicable warranty provided by the Seller after the date of acceptance of the goods famished heranda (acceptor a not to be unreasonably delayed), resulting farm imperfect or defective work done or materials famished by the Seller. Acceptance muse of good by the Purchaser shall oat nstituto a waiver of any claim under this wmamy. Except an otherwise provided in this purchase order, the Sellers liability hereunder shall extend 1. all damages ptoximiely wused by the breach of my of the foregoing wmrr fees or gnclum ees, but such liability shall in no event include loss of profits or loss of roc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make change to legal terms by wrnen charge order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tears, odor than legal term, including additions to or deletiona from the quartu es originally ordered in the specifica sans or drawings, by verbal or wrown change order. 11any such change alTecb the amount due or the time of perfarmmce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by writen change order, terminate this agreement ss n any or all ponims of the goods then not shipped, subject to any equitable sdjustinal between the parties ss to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods spigot work, for incidental or consequential damages, and that ed such adjuprment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such mrminmien shall relieve the Purchaser tar the Seller fany of their obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjunnuint must be assumed within thirty (30) days from ate date the change or Pernimation is ordered. I. COMPLIANCE W ITII LAW. The Seller warrants that all grad sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods art subject. The Seller shall execute and deliver such docummns as may be required to effect au evidence compliance. All laws and regulations required to be incorporated in agreements; of this chancier are hereby incorporated herein by this reference. The Sella agrees to indemnify ad hold the Purchaser harmless firm all vests and damages sailboat by the Purchaser as a result of the Sellers milure ro comply with such law. 9. ASSIGNMENT. Neither party shall assign. oarsfa, or convey this coda, or any monies due or to become due hertmder without the prior writers mmica t of the other Fury. 10. TITLE. The Seller warms full, clear and umeshiaed title to the Purchaser for all equipmcnr, materials, end it. Satisfied in performance of this agreement, f and clear of my and all lies, rewrictiona, feserafiona, sauriry interest encumbnueces and claims ofothers. The Seller shall release the Purchaser and its cantractors of any tier farm all liability and claims of any nature resulting fro the performance ofsuch work. ]Its release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, oRcers and employees ofsuch party. The Sti contractual eldgeaoes, including owning. shall not be deemed P. be reduced, in any way, because such work is performed or mused to be performed by the Purchaser. 14. PATENTS. Whenever the commend is infrared to use my design, device, mammal or processcommend by ]am,patent tim deark cur copyright, the Seller shall indemnify and save harmless the Purchzar from ony and all claims fro infringement by reason of the use of such patented design, device, material or prowss in mmection with the comract, and shall idemnity the Purchaser for my cosr, expense or damage which it may be obliged to pay by reason ofsuch inGngemem in any time during the prosartion or after the completion of the work. In case said nfripmm,, or any par thereof ar the amended use of the good, is in such suit held to constitute infringement and the tare of said equipment or part is enjoined, the Sella shall, it in own expense and at its option, either promise for the Purchaer the right to continue using said equipment or pans, replace the some with substantially equal but mainfrmi,ing equipment, or modify it as it becomes noniefdnging. 15. INSOLVENCY. If the Seller shall become insolvent or bmdtap, make an assignment for the repair of creditors, appoint a or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16, GOVERNING LAW. The definitions ofterms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be omanced under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work haenndm including the services of Sellers Representmweb), on the promises fothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Settees awn risk until the same is fully completed and accepted, and shall in use 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 and equipment are famished by others for installation or matters by the Sella, the Seller shall receive, unload, stare and handle same at the site and become responsible therefor as (though such miamis and/or equipment were being fumishd by the Seller under the order. 18. INSURANCE. The Sella shall, at his own expanse, provide fro the Payment of tar kess mmpersmtion, including occupational disease Mtefits, to its employees employed on or in cowation with the work covered by this purchase older, and/or to their deperdents in accordance with the laws of the scam in which the work u to be done. The Sella shall also carry comprehensive general liability including, but not limited to, conuaatml and automobile public Road, insurance wild Mlily injury am demo limiu of. less, S30K),00 for any one person, S50QIXq for any one accident and pmperry damage limit Per accident of S400,000. The Seller shall likewise require his conimdors, if any. to provide for such compewtion and insurance. Before my of the Sellers or his contractors employees shall do any work upon the premises of others, the Sella shall famish the Purchaser with a enrifiwm that such compensation and insurance have been provided. Such cenmema shall specify the date when such compensation and impotence have been provided. Such certificates shall specify the dare when such erompersation and insurance expires. lire Seller agrees that such compensation and iwunnec shall be maintained aril after the entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby wsumes the entire respamibilily and liability for any and all damage, loss or i jury of any kind or nature whatsoever to persons or property caused by or resulting from the execution ord a work provided far in ,his purchase older or in co mmum t berewith. The Seller with indemmify wad hold harmless the Purchaser and any r all of ,he Purchasers officers, agents and employees from and against my and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether in persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Sella, my of his contractors, or any of the Sellers or commuters officers, agents or employees. In case any suit or abet proceedings shall be brought against the Purchase, or its nReers, agents or employees at any time on account ar by rwwn of any uc4 netion, 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 to assume the defense thereof and to defend the same at the Sellers nun expense, to pay any and all casts, charges, i tomeys fees and other expenses, my and all Fidget that may be incurred by or obtained against the Purchaser or my of is or their officers, agents or employees in such suits or offer proceedings, and in enae judgment or other lien bel placed upon or obtained against the property offal Purchaser, or said Parries in or as a resat of such suits or other proceedings, the Seller will m once cause the same to be dissolved and d schiged by giving bond or otbeaise. The Seller and his contractors shall rake all safety par a nims, furnish and install all guard necessary far the prmentim of cciderm, comply with all laws and regulations with regard to safety including. but without limitation, the Ompalimaal Safety and Health Act of 1970 and all pules and regulations ksstsd Forsuanr thereto. Revised 07nO14