HomeMy WebLinkAbout125758 FULLER LANDSCAPING - PURCHASE ORDER - 3215063Fort Collins
Date: 0110612015
Vendor: 125758
FULLER LANDSCAPING
4836 KIVA DR
LAPORTE CO 80535
PURCHASE ORDER
PO Number Page
3215063 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: TRAFFIC OPERATIONS
CITY OF FORT COLLINS
626 LINDEN STREET
FORT COLLINS CO 80524
Delivery Date: 01/06/2015 Buyer:
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
t Snow Removal and Yard Maintena
Annual
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
1 LOT LS
5,000.00
Total
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
1110 TI MO7'u[�'i-atCl'IF;7i[PLSSrIDGLF1
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the Ciry of Fart Collins is exempt from state mud local hems. Our Exemption Number is
I I. NON WAIVER. '
98-04502. Federal Excise Tax Exemption Certificate of Registry g4-6000587 u eghma d what Ne Collector of
Failure of the Purchaser to insist upon so-ict peair. of the team and condidons hereof, failure or delay m
Internal Revenue, Domain, Colorado (Ref Colorado Revised Statutes 1923. Chapter 39-26.114 (a).
exercise soy rights or remedies provided herein or by taw, failure to promptly notify the Seller m the event of a
breach, the tommusnce ofor payment for good hereunder or approval fthe design, shall not release he Seller of
Goods R jetted. GOODS REJECTED due to failure to meer spenBeatin s, either when shipped on due to defects of
any of the wamnties or obligations of this posehau order coal shall tot he deemed a waiver of any right of the
damage in trarmit may he andamed m you for credit and are not to be replaced except upon receipt of warm
Purchaser to boost upon strict performance Iscomfor any of its rights or ramdies as to my such good, regardless
insuuations farm ate City of Fort Collins.
of when stopped, mccomd or accepted. as any prim or subsequent default hereunder, nor shall my purported
oral modification or rescission crass pumhae order by the purchaseroperate as a waiver of my of the It.
Inspection. GOODS one subject to the City of Fon C.H. imoanam on arrival.
here E
Final Acceptance. Receipt of the merchandise, wrvicis m equipment in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the part of the Ciry of Fort Collins. However, it is m be understood that FINAL
Sella and the Purchaser recognize that in actual economic practice, overcharges resoling fmm antitrust
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violations ere in fact fame by the Purchaser. Theretofore, for Good cause and as coaideadem for executing Nis
purchase order, the Seller hereby assigns w the Purchaser any and all claims it may now have or hereafter
Freight Teams. Shipments most be F.O.B., City of Fort Collins, 700 Wood St, Port Collins, CO 80522, unless
acquired undo federal or some antitrust laws for such overcharges mlaoing m the particular goods or services
otherwise specified on this order. Dismission is given to prepay, freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant to this purchase order.
bill mast accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing points in various pans 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 from the nearest distribution point to destination, and excess freight will be, deducted from Invoice when
Purchaser and the Seller, and the Seller thereafter indicates its inability a unwillingness m comply, the Purchaser
shipments arc made from greater distance.
may cause she work to be performed by the most expeditious menus available to it, and the Seller shall pay sll
costs associated with such work.
Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and rules ofthe state, municipality, territory or political subdivision where
the work is performed, or required by any other duly constituted public authority having jundiction over the work
of vendor. Seller further agrees to hold the City of Fort Collins harmless fmm and against all liabiliy and loss
incurred by them by of an asserted or established violation of my such laws, regulations, ordinances, mles
reason of
requirements.
Authorization. All panics to this mmmct agree that the represereenves arc, in fact bore fide and possess full and
complete authority m bind said posies.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to are temu and conditions soled
herein set forth and my supplementary or additional terms and conditions amexed herem in incoryomted herein by
reference. Any additional or different erms and conditions proposal by seller are objected to and hereby rejected,
2. DELIVERY,
PLEASE ADVISE PURCHASING AGENT immediately if you cousin make complete shipment to arrive on your
pmmiscd delivery dart as noted. Time is of the essence. Delivery and performance most be, effected within the time
sated on the purchase order and the dcamenm avched harem. No suns of the Pmrchaacm including, without
limitation, accept. of partial late delivenes, shall opefd e as a watts of this provision. In are event ofany delay,
the Purchaser shall have, in addition to Warr, legal and equitable readies, the option of placing Nis order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for dams,. as a result of delays
due to causes not reasonably foreseeable which arc beyond its reasonable com al and without its fault of negligence,
such acts o'Gad acts of civil or military aathoducs, governmental prlorifies fires, makes, flood, epidemics, warsor
riots provided that notice of the conditions causing such delay u given to the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof In the event of my such delay, the data of delivery shall Ise
extended for the period equal to the time normally lost by reason cram delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other dacription5 given, will be flu fur the purposes intended, and
performed with the highest degree of care and competeres w accordance with accepted standards for work of a
similar nature. The Seller agrees to hold the purchaser harmless fmm any lass, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost to the purchaser, my defects or faults arising within one (1) year or within such longer panted of
time cS may be prescribed by law or by the terms ofany applicable wavznry provided by the Seller after the date of
acceptance of the goods famished hereunder (acceptance not be umensoably delayed), resulting from imperfect
or defective work done or dramas famished by the Seller. Acceptance or use of grad by the Purchaser shall not
institute a waiver of any claim muter this waaamW. Except as oheawise provided in this purchase coder, the Sell.
liability hereunder shall extenA in all damages proximately caused by the breach of my of the foregoing warranties
or guamaters, but such liability shall in no event include lass of prefix or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Pmreham may make changes to legal terms by xtinen change order.
5. CHANGES IN COMMERCIAL TERMS.
Tim purchaser may make my changes to the terms, other than legal tams, including additiarm to or deletions fmm
the quantities naturally ordered in the speci0ration or drawings, by verbal or —a— change Water. If my such
change off" the amount due or the time ofperformanm herearder. an equitable adjunment shall be made.
6. TERMINATIONS.
The Purchaser may at my time by written change mden teammate this agreement as to any or all ponims of due
grata then cam shipped, subject to any equitable adjustment between the panic as m any work or materials than in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits can the uncompleted
portion of the goods amVor work, for incidental or consequential damages, and that no such adjustment be made in
favor m the Seller with respect,, my goods whi,b are the Sellers standard stock. No such aromatic. shall relieve
the Purchaser or the Seller ornery oftheir obligations a, to any goad delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within Niny (30) days from the date the change or termination a
ordered.
8. COMPLIANCE WITH LAW.
The Seiler warrants that all good sold hereunder shall have been produced, sold, delivered and fumuhed in strict
ompliance with all applicable laws and ramlaaons to which the goads are subject The Sella shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations; required in be
camommd in ogre eons of this character are hereby incorporated herein by this reference. The Seller ogre. to
indemnify cad Iwld ate Purchaser harmless fmm all cosy and damages suffered by the purchaser. a result of ate
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, tramfer, or convey this order, or any monies due of to became due hereurder without the
Prior wnnm comma ofthe other party.
10. TITLE.
The Seller warriors full, clear and masticated title mate Purchaser for all equipment, materials, and items famished
in perfirmance, of this agreement, f and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims o f others.
The Seller shall release the Purchaser and its contractors of any tier form all liability and claims of my dome
resulting from ate performance of such work.
This release shall may even in the event of fault of negligence of the party released and shall extend to the
doacmrs, officers and employees of such may.
The Sellers conownul obligation, including warranty, shall not k deemed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Sella is required to use any design, device, material or process covered by later, patent, trademark
copyright the Seller shall indemnify, and save barrnls the Purehsscn fmm any and all claims for infringement
by ressnn of the use of such patented design, device, material or pros in connection wi f the contrast, and
shall indemady the Pmehsser for any cost expense or damage which it may be obliged to pay by reason ofsuch
infringement in my dme Arabia the prosecution or after the completion of the work. In case said equipment, or
any pan thereof or the intended ase of the good, is in such mit held an constime infringement and the use of
said equipment or part is enjoined, she Seller shall, at has own expense and at its optim, either procure for the
Purchaser ate right to continue using said equipment or pans, replace the same with substantially equal but
noni firma ng equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become mansion or bankrupt, make an assignment for the benefit of creditors, appoint a
or ounce for any, of me Sellers property or burins, this We, may forthwith he canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions ofterms used or the intammaition of the Smma em and the rights of all parties harmcdea shall be
consumed under and gavemed by the laws of the Store of Coorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Re,samo tiva(sk on the premises ofoth.a.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the mine is fully completed and accepted, and shall,
in case of any accident destruction or injury b the work maker materials before Sellers final completion and
acceptance, complete the work at Sellers awn expense and to the satisfaction of the Pamhuer. When mmenals
and egair., are famished by others for installation or aredim by the Seiler, the Seller shall receive, anlad,
store and handle same at ate site and become mpemible therefor as though such mmenals andior gair.,
were being furnished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his two expense, provide for the payment of worker compensation, including occupational
disease benefits, to its employees employed on or in emmeation with the work covered by this purchase order,
and/or in their dependents in accordance with the Imas of the state in which are work is m be done. The Seller
shall also entry comprehensive general liability including, but not limited m, command and aummakide public
liability maximum is'om bodily salary and dmth limes of am least S3100,000 for any one person, SSO ,000 fm any
one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his
contractors, if my, to pmvidc for such compematim and insurance. Before any of the Sellers or his mnmesma
employees shall do any work upon the prem¢a of others, the Seller shall fumhh the Purchaser with a certificate
that such compensation and insurance have been provided. Such certificates shall specify the date when such
compensation and insurance have been provided. Such cmificates shall specify are date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained unfit after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes ate entire responsibility and liabil it, for any and all damage, loss or injury ofany kind
or mture whatsoever m persons or property caused by or resulting from the execution of Ne work provided for to
this purchase order or in connection herewith. The Sella will indemnify and hold formless the purchaser and any
cr all of the Purchaseofficers, agents and employees drum and against any and all claims, lasses, damages,
rs harges or expenses, whether direct or indirect and whether to 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 orate Seller, any of his
contractions, or my of the Sellers or contractors officers, agents or employees. In case any suit or other
procaedinps shall be brought against ate Purchaser, or its officers, agems or employees an my time no ..at or
by reason of my act, morn, neglect, omission or default of the Seller of my of his contractors or any of its or
then officers, agents or employees ns aforesaid, the Seller hereby agran m store the defense thereof and to
defend ate same at the Sellers own cxpeme, to Pay any and all toss, charges, atromeys fees and order expenses,
any and all judgmenu that may he indermad by or obtained against the Purchaser or my of its or then officers,
agars m employees in such suits or other proceedings, end in case judgment or other lien be placed upon or
obtaind againsm the property of the Purchaser, or said posies in err. a molt of such mils in other pmaxdinge,
the Seller will at once cause the same to act dissolved and discharged by giving bond in otherwise. The Seller mW
his contractors shall take all safety precautions, fool and insall all guards necmamry fm the prevention of
accidents, comply with all laws and regulations with regard m safety including, but without limitation, ate
Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant aterem.
Revised 07n014