Loading...
HomeMy WebLinkAbout125758 FULLER LANDSCAPING - PURCHASE ORDER - 9150492Fort Collins Date: 01/21/2015 Vendor: 125758 FULLER LANDSCAPING 4836 KIVA DR LAPORTE CO 80535 PURCHASE ORDER PO Number Page 9150492 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: TRANSFORT BUS FACILITY CITY OF FORT COLLINS 6570 PORTNER ROAD CITY OF FORT COLLINS CO 8052 Delivery Date: 01/21/2015 Buyer: WILSON, JILL 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 1 2015 Blanket P.O. Snow Removal 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 25,000.00 Total $25,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 mhase Order Tennis and Conditions Page 2 Of 2 1. COMMERCIAL DETAILS. Tax exemptions. By slalom the City of Part Collins is exempt farm state and local taxes. Our Exemption Number is 98-01502. Federal Excise Tax Exemption Cenificare of Registry 84-60100582 is registered wiN the Collector of Internal Revenue. Denver, Colorado (Ref. Colorado Revised Sbratn 1973, Chapter 39-26. 114 (a) Goods Rejected. GOODS REJECTED due to failure to meet sp rifiwtiom, either when shipped or due to defects of damage in enrsit, may be retumd an you for credit said art not to be replaced except upon racy, of women insncumns firm the City of Fort Collim. Inspection. GOODS are subject to the City of Fort Collins impaction on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can much in authorized payment on the pan of the City of Fort Collins. However, it is to be understood Nat FINAL ACCEPTANCE w dependent upon completion ofail applicable required inspection praedi res. Freight Tears. Shipments mast be TOM, City of Fort Collins, BIT Wood St., Tom Collis, CO 80522, unless otherwise specified on this order. If pmnission is given to prepay freight and charge signor ly, the original freight bill mast accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nowt distribution point to declination, pact aces freight will be deducted from Invoice when shipments are nude farm greater distance. Permits. Seller shall Procure at sellers sole cost all necessary permits, anagrams and licrnsn required by all applicable laws, regulations, mrimances and rules of the state, municipality, territory or political subdivision where the work is performed, m required by any, other duly constituted public authority having jurisdiction over the work of vendor. Seller fumher agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an assumed or established violation of any such laws, regulations, ordinances, roles put requirements. Authomeatim, All parries to this exu rrecr agree that the rr ora mmives are, in fact, bow fide and possess full and complete authoriry to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits nceri truss to the It. and conditions xtatd herein set forth and any supplementary car additional Terms end conditions atmexed here,. or incorporated herein by reference. Any additional or diferent mars and conditions proposed by seller are objected to and hereby related. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you ca-ot make complete shipment to arrive on your promised] delivery dam as noted. Time is of the ¢seen¢. Delivery and performance moral be effected within rise time stared on the purchase order ad the documents avached hercb. No mks of the Purchasers including, without limitation, acceptance effectual lam deliveries, shall operate as a waiver of fit Provision. In the event army delay, the Purchaser shall have, in addition Ica other legal end al.imble nardies, that option fplacing Nis 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 cares not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such was of God, was of civil or military, authorities, gwarroaraal priaciiies, fires, strikes, Bad, epidemics, wan or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thanof. In the event of any such delay, Ne date of delivery shall be extension for the peril export to the time actually lost by matter oftbe delay. 3. WARRANTY. The Sella warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples maker other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a similar valore. The Seller agrees b hold 0, purchaser harmless farm any I., damage or expense, which the purchaser may suffer m inem on account of the Sellers breach of wamanty. The Sella shall rryhice, repair or make good, without cost as the purchaser, my defects or f nits arising within one (1) year or within such longer peril of time as may be, prescribed by law or by the temp of my applicable warmnry provided by the Sella after Be date of acceptance of the grads fmvtshed hereunder (accepra rove not ro be umeasorubly delayed), resulting farm impaRn or defective work done or materials famished by the Seiler. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. 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 wanonkies or guarevtas, but such liability shall in no event include lass of profits at loss of we. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pambaer may ..it, changes b legal temu by writer change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the law, other than legal laws, including ruklitions to a delaim, farm the quantities originally ordered in the specifications or drawings, by verfal or woum change mdn. If any such change alfats the amount due or the time of performance hereunder, an equitable adjustment shall be made. E TERMINATIONS. The Purchase may at any time by women change ceder, terminate this agreement as in any or all portions of the goods then not shipped, subject re any equitable ohmtmmt between the parties as 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 andor work, for incidental or consequential &gages, and that no such adjustment be made in favor of the Seller with respat to any goods which are the Sellers standard stock. No such Demarcation shall relieve the Porcbaer, or the Seller of any ofthcir obligations as to any good delivered hereunder. Z CLAIMS FOR ADJUSTMENT. Any claim for adjustment most he warned within unity (30) days tram me dam the change or lamination is ordered 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goads are subject. The Seller shall execute wad deliver such documents as nay be required to elect or evidence compliance. All laws and regulatons required as be incorporated in agreements of this character arc hereby marrimmred herein by this reference. The Sella agrees to indemnify and hold the Purchaser hamtless from all narks and damages suffered by the Purchaser as a result of the Sellers fislme to comply with such law. 9. ASSIGNMENT. Neither party shall assign, member, or convey this order, or my monies due or to become due hereunder without the prior written consent off¢ other parry. 10. TITLE. The Seller warrants full, clear and comminuted lisle tothe Punchiest for all equipment, materials, and items funwhd in paug.re of this agreement, have and char of any and all liens, restrrictiaw, rescnam., aauriry interest encumbrances and claims of others. I I. NONWAIVER. Failure of the Purchaser to insist upon suict performance of the temp and conditions hereof, failure or delay to exercisy rights or remedies provided herein or by law, failure to pmrrairly notify the Seller in the event of a he ach,anli a acceptance of or payment for goods harunda or approval of the design, dull wart release the Seller of any of the warranties or obligations of this purchase maker and shall .m be deemed a waiver of any right of the purchaser to insist trio. strict perfomrance hereofor any of its rights or temedies as ke any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent deficit hereunder, air shall any proclaimed anal modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognise that in actual economic practice, overchatgn resulting from antiVust violations arc in fact home by the Purchssa. Themofore, far god muse and as consideration for executing this purchase order, the Sella hereby assigns or frc Purchaser any and all claims it may now have or herwner acquired under federal or stag antitrust laws for such overcharges relating to the paniwlar goods or service, purchased err acquired by the Punk ar paramount o this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS, Iffe Purchaser directs the Seller to correct nonconforming or defective gods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicate, its inability or unwillingness to comply, the Purchaser may cause tM work to be performed by the most expeditious means available to il, and the Seller shall pay all costs aawciatd with such m rd, The Sella shall release the Purchmer and its contractors of any tier from all liability it claims of any nature resulting from he pert anw ofsuch work. This release shall apply can in the arm of fault of negligence of the party released and shall extend to the directors, otLcas and employees of such party. The Seller's contract-1 obligations, including wvrartV, shall not be dxmd b be reduced, in any way, because such work is perforated or caused in be performed by the Pantheism. 14. PATENTS. Whenever ire Seller is captured to use any design, device, material or process covered by hum, patent, trademark or copyright, the Seller shall indemnify and save hamrless the Purchaser farm any and all claims for infringement by reason of the we of such imentd design, device, material Or poorest in connection with the contract, and shall indemnify the Purchaser far any cost, expense or damage which it may be obliged to Pay by teawn of such infringement at my lime during fe prosecution or after the completion of the work. In case said equipment, or any pan therm' or the intended use of the goods, is in such suit held to mnsitute infringement and fie use of said equipment m pan is enjoined, the Seller shall, at its own expense and at its option, either procure far the Purchaser the right to continue using said equipment or pans replace the same with substantially ryorl but noninfringing equipment, or codify it so it becomes noninfringing. it. INSOLVENCY. If the Seller shall become insolvent or bankrupt, rake an assignment for fie benefit of creditors, appoint a receiver or caste¢ far any of the Sellers property or businacs, this order may foMwith be canceled by the Purchasrs without liability. 16. GOVERNING LAW. The definitions ofterms ased or the inter me afion ofthe agreement and the rights ofall parties hereunder shall be construed under and governed by the laws of fie State of Colorado, USA. The fallowing Additioml Conditions apply only in cases where the Seller is be perform work hereunder, including the services of Sellers Rapmearnatiea s), on the premises ofothem 12. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the more is fully completed and accepted, and shall, in sou of any accident, dakrumion or injury to the work =Nor mmetials before Sellers final completion and -ecptanec, complete the work at Sellers own expense and to we satisfaction of the Purchwa. When materials and equipment arc f ished by others for instillation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Sella under me order. 18. INSURANCE. The Sella shall, at his owe, expense, pmvide for fie payment of workers compewtion, including ammational disease benefits, to its employees employed on or in connection wild, the work covered by this purchase order, -dlor m their dependents in accordance with the laws of the state in which the work is to be done. The Sella shall also carry comprehensive general liability including, but not limited to, cnntracbal and automobile public liability insumno, with bodily injury and death limits of at least E300,000 for any one person, s50QOW for any one accident and property damage limit per accident of 5400,000. The Sella shelf likewise require his smntrucbn, if any, to provide far such enmpeneworm and irourma. Before any of the Sellers or his contractors employees shall &any work upon kbe premise, of others, the Sella shall Finnish the Proxima with a anificme Nat such compensation and insurmce have ban provided. Such certificates shall specify fie date when such ompmsation and insurance have been provided. Such sertifiwtes shall specify the date what such compensation and inhumane expires. The Seller was Nat such compensation and immance shall be..mmd until once the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ass ma the entire responsibility wed liability for any and all damage, loss or injury ofany kind an mature whatsoever to persons or property caused by in resulting been the execution of the work provided for in this purchase order or in --action herewith. The Scaler will indemnify and hold harmless the Purchases most any or all of the Purchasers affairs, agents and employees from and timm t any and all claims, losses. &gages, charges or expenses, whether direct or indirect, and whether to persons on property to which the Purchaser may be par or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his ontractors, or any of the Sellers or ontractors slicers, 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 any ack action, neglect omission or default of the Sella of any of has contractors or any of its or than officers, agents or employees as aforesaid, the Sella hereby agrees in assume the def der eof and to defend the same an the Sellers own apeme, re Pay any and all costs, charges, moneys fees ad other expenses, any and all judgments that may be incurred by or obtained against the Purchwer or any of its or their affairs, agents or employees in such suits or other proceedings, and in case judgment a other him be placed upon or obtained against the property of the Purchaser, or said ponies in or as a result ofmch suits or other proceedings, the Seller will at once cane the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall rate all safety precaution, famish and install all grand meant, for the prevention of accidents, comply wit all laws and regulations with regard to safety including, but without limitation, the Orcupatiawl Safety and Health Act of 1920 and all rules and regulations issued pursuant therein. Revised OM016