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HomeMy WebLinkAbout125758 FULLER LANDSCAPING - PURCHASE ORDER - 3215142City of F„6rt Collins Date: 01/12/2015 Vendor: 125758 FULLER LANDSCAPING 4836 KIVA DR LAPORTE CO 80535 PURCHASE ORDER PO Number Page 3215142 1012 �Tnumber must appear ohi:n ll invoices, packing slips and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 01/12/2015 Buver: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 2015 CONTRACTUAL 1 LOT LS 60,000.00 PER TERMS AND CONDITIONS OF BID 7113 AND 7150 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. 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Jammmemrawwwrrec aLrertr� Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-W502. Federal Excise Tax Exemption Certificate of Registry 84-6000599 is registered with the Collector of Imemal Revenue, Denver. Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 firm Goods Rejected. GOODS REIEC(ED due to failure to meet specificatiom, either when shipped or due to defects of damage in trmsil, may be returned to you for credit and are not to be replaced except upon receipt of written instructions from the City of Fan Collins. Inspection. MODS are subject to the City of Fan Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to This order ozn t esult in authinmd payment as The pan of the City of Fan Collins. Howsver, it is . be understood MatFINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless otherwise specified on This order. If permission is given to prepay freight and charge separately, the odginal freight bill muss accompany invoice. Additional charges for packing will art he accepted. Shipment Distance. Where manufacturers have distributing points in various pasts of the country, shipment is exp«ted from the nearen distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations. ordinances and rates of the state, municipality, territory or Pafford subdivision where The work is performed, or required by any other duly consorted public mutant having jurisdiction over the work of vendor. Seller farther deism to hold The Coo of Fort Collins harmleas from and against all liability and loss incurred by Them by reason of an asserted or established violation of any such laws, regulations, ordinances, tales and requirements Authorization. All parties to this contract agree That The representatives me, in fact, bona fide and possess full and complete authority to bind said parties. LIJBTATION OF TERMS. This Purchase Order expressly limits acceptance to The Terms and conditions stated herein set forth and any mpplementary or additional terms and conditions imposed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment TO arrive on your promised deliverydate as noted. Time is of the a once. Delivery and performance most be effected within trounce stared on The purchase order and The documents anuched here.. No acts of the Purchasers including, withom limitation, maptmce of panlal lase delivenes. shill operatew a waiver of this provision. In the event dany delay, The Purchase shall have, in addition. other legal and equiuble remedies, The option of placing this order elsewhere and holding the Seller liable for damages. However, The Seller shun not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence. such acts of Our acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or nor, provided the, micro of The conditions causing such delay is given to the Purchaser within five (5) days of The Time when Me Seller first weived kn oviedge Thermf In the event of any such delay, the date of delivery shall be extended for The Oe axiequal. the time actually had by reason of The delay. 3. WARRANTY. The Seller warrants Mat all goods, articles, materials and work covered by This order will conform with applicable drawings, specNcarions, 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 ind. nature. The Seller agrees TO hold The purchaser harmless Gom any loss, damage or expense which the Purchaser may suffer or incur on account of The Sellers breach of TouristThe Seller shall replace, repay or make good, without cost To The purchaser, my defects or faults arising within one (1) year or within such longer period of time Or may be presmbed by law or by The corms of my applicable commit, provided by The Seller after the dear, of acceptance of the goods famished hereunder (acceptance not. be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not comcwm a waiver of any claim under This wananry. Except as otherwise provided in This purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the Foregoing warranties or gmrmtss, ben such liability shill in cam eves include loss of prof a or loss of use. NO IMPLIED WARRANTY OR MERCHAM1TABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. q. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by omom change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to Me terms, other Am legal terms, including additions to or deletions from The Priorities originally ordered in The NPINCLficamores or drawing, by verbal or warmen change order. If any such change affects rdre amowl due or The time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at an, Time by —non change ordea terminate This agreement as to any or all portions of the goods Then not shipped subject to my equitable adjustment between the parties m . my work or materials then in progress provided that The Purchaser shall not be liable for my claims (or anticipated profits on The uncompleted portion of the goods and/or work, for incidmW or consegsntlst damages, and That no such adjustment he made in favor of the Seller with respect to my goods which are The Sellers standard stock. No such Immersion shall relieve The Purchaser or The Seller of any of their obligations as to my goods delivered hereunder. 7. CLAIMS FOR ADFUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered 8. COMPLIANCE WITH LAW. The Seller warrants That all goods sold hereunder shall have been produced, sold, delivered and famished in srrict compliance with all applicable laws and regulations in which The mads are subject The Seller shall execute and deliver such documents m may be required to effect or evidence compliance, All laws and regulations required no he incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees w indemnify and hold the Purchaser harmless from all costs and damages suffered by The Purchaser as a result of the Sellers failure. comply with such law. 9. ASSIGNMEM17. Neither party shill assign, transfer, or couvry This order, or my monies due or to become due hereunder without The ,.or winner consent of the other parry. 10 TITLE. The Seller wourants full, clear and unrestricted title to the Purchaser for ill equipment materials, and items famished n performance of this agrsment free and clear of my and all liens, restriniom, reser anions, security interest encumbrances and claims of others. 11. NONWAIVER. Failure of the Purchaser to insist upon strict pmfbrmance of The terms and conditions hereof, failure or delay to any rights or remedies provided herein or by law, failure to promptly notify the Seller in The event of a breach, aceplmce mor pavane rt for goods hereunder or approval ofthe design, shill 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. insist upon strict performance hereof or any of its tights 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. ASSIGNMEM1T OF ANTITRUST CLALMS. Seller and The Purchaser recepix Am in actual economic practice, overcharges stating from normal violations are in fact home by The Purchaser. Therelofine nforre good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overcharges relating . The particular goods or services purchased or acquired by the Purchaser paccourand to This purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Hits, Purchaser directs The Seller to correct nonconforming or deflective grads by a date w be agreed upon by The Purchaser and the Seller, and the Seller Thereafter indicates its inability or unwillingness to comply, The Promisee, may cause the work To be performed by The most expeditious means available to it and the Seller shall pay all costs associated with such work. The Seller shall release The Purchaser and its contractors of any tier 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 parry released and shall emrmd to The directors, offsets and employees of such parry. The Sellers contractual obligations, including warranty shall not be deemed TO be reduced, in any way, because such work is performed or caused to be Performed by The Purchaser. Ii. PATENTS. Whenever the Seller is required TO use any design, device, material or process covered by loner. parent, 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 paremed design, device, material or process in connection with the contract, and shall indemnify The Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time dung The prosecution or after the completion of the work. In case said equipment, or my pan Thereof or The intended me of the goods. is in such suit held to consaiture infringement and The use of said equipment or Pan is enjoined, The Seller shot[. at its own expense and at its option, either procure for The Purchaser the fight to continue using said equipment or parts, replace the same with substantially equal but noninf aging equipment or modify it so it becomes noninffnging. 15.INSOLVF.NCY. If The Seller shall become insolvent or bankrupt, make an assignment for Me benefit of creditors, appoint a or trcaux for my of The Sellers propeM or business, This order may foMwith he canceled by the Purchaer without liability. 16. GOVERNING LAW. The definitions of terms used or rate interpretation of rho agreement and the rights of all parties hereunder shall be construed 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 hereunder. including the services of Sellers ReWaentarrve(e), oa the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until The same is fully completed and accepted, and shall, in T. of my accident, destruction or injury 1. the work and/or materials before Sellers final completion and acceptance, complete the work st Sellers own expense and in The satisfaction of The Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, same and handle same of the site and become responsible Therefor as though such materials andor equipment were being fncishcd by The Seller coder The order. ]&.INSURANCE. The Seller shill, at his own 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 purchase order, and/or to Their dependents in accordance with The laws of the some in which the work is to be done. The Seller shill also carry comprehensive general liability includin, but not limited to, continental and automobile public haini, insurance with buddy injury and death limits of. least smarten, for any one person, 350o,000 for my One accident and property, damage limit per accident of SW0,000. The Seller shall likewise require his contractors, if my, to provide for such compensation and insurance. Before my of Me Sellers or his contractors employees shall do my work upon the premises of others, the Seller shall furnish 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 cerdfce,es shall specify the dare when such compensation and rnsurmce expires. The Seller agrees The, such compensation and insurance shill be maintained mdl after The mare work is completed and acoopead. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes The entire responsibility and liability for my and ill damage, loss or injury of my kind r nature 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 harmless the Purchaser and my or all of the Purchmers oficen, agents and employees from and against my and all clams, losses, damages, charges or expenses, whether direct or indirect, and whether to persors or property to which the Purchaser may he put or subject by rrman of my act action, neglect, omission or default on The pan of the Seller, my of his conamoors, or my of The Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at my time on account or by reason of my act, anion, neglect, omission or default of the Seller of my of his contractors or my 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 own expense, to pay my and ill costs, charges, anomeys fees and other expenses, my and all judgments That may be incurred by or obtained agaest The Purchaser or my of its or Their officers, agents or employees in such suits or other proceedinp, and in came judgment or other lim he placed upon or obtained against The property of the Purchaser, or said parties in or as a result of such suits or other proceedinp, the Seller will as once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall Take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limiaaon, the Occupational Safety and Health Act of 1970 and all rules and regulations Issued pursuant Thereto. Revised 0712014