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HomeMy WebLinkAbout399025 CLEAN AIR LAWN CARE INC - PURCHASE ORDER - 9142212Fort Collins PURCHASE ORDER PO Number Page 9142212 1of3 This number must appear on all invoices, packing sli s and labels. Date: 04/18/2014 Vendor: 399025 Ship To: PARK MAINTENANCE CLEAN AIR LAWN CARE INC CITY OF FORT COLLINS PO BOX 2087 413 S BRYAN FORT COLLINS CO 80522 FORT COLLINS CO 80521 Delivery Date: 04/18/2014 Buyer: WILSON, JILL Note: PLEASE REFER TO AGREEMENT SIGNED 4/18/2014. Line Description Quantity UOM Unit Price Extended Ordered Price 1 Maintenance 1 LOT LS 1,481.00 Romero Park 2 Maintenance 1 LOT LS 1,368.00 Alta Vista Park 3 Maintenance 1 LOT LS 1,562.00 Freedom Square Park 4 Maintenance 1 LOT LS 1,837.00 Leisure Park 5 Maintenance 1 LOT LS 1,735.00 Spencer Park 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PO PURCHASE ORDER 914221er Page City of PURCHASE 9142212 z of a Flirt CollinsChis number must appear ,��—`J_, ` 1 1�7 on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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@fogov.com Total Invoice Address: $7 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 1. COMMERCIALDETAILS. Tax exemptions. By statute the City of Pon Collins is exempt f sate and local taxes. Our Exemption Number is 98-04502. Fednal Excise Tax Exemption Certificate of Registry RT6000580 is registered with the Call.., of Internal Revenue, Denver, Colorado (Ref. Columbia Revised Statures 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be rctumed to you for credit and are not to be replaced except upon receipt of written iuswctims from the City of Fort Collins. Impaction GOODS me subject to Me City of Fan Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized payment on the pan of the City of Fort Collins, However, it is to be understood Nat FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Trans. Shipments matt be F.O.B., City of Fort Collins, 200 Woad St., Fort Collim, CO 80522, unless otherwise specified on this order. If permission is given m prepay freight and charge separately, the anginal freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in us pans of the coury, ntshipment is expected tram the nearest distribution point to destiwtion, and excess freight will be deductr l form Invoice when shipments ate made from greater distance. Permits. Seller shall proven, at sellers sale cast all necesvry permits, certificates and licenses required by ell applicable laws, regulations, ordinances and miles of the suite, ammermalay. territory or political subdivision wbar the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fiat Collins minutes, farm and against all liability and Ims mcvrred by them by srasu s of an assened or established violation of any such laws, regulations, malwarces, roles and requirements. Authorization. All panics to this contract agree that the representatives are, in feet, bona file mad possess full and complete author* to bind .,,it ponies. LIMITATION OF TERMS. This Purchase, Order expressly limits acceptance to the terms and conditions stated haeln sn forth and any supplementary or additional temss and conditions mneaed herem or inew, ommil herein by reference. Any additional or different terms and conditions proposed by seller M objected to and hereby rejected. 2_DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as natrd.'11me is of the essence. Delivery and pecfamante must be effected within tore time vaned oa be purchase order and the daumcnts attached herem. No acts of the Purchasers including, without limirmion, acceptance alpinist late deliveries. shall operate as a waiver of Nis provision. In the event of any delay, Me Purcbsser shall have in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable far damages as a result of delays due to conies nor nismubly frroamble which are beyond its reasonable comsat and without its fault of negligence, such ace of God, acts of civil or military sutltarities, governmental priorities, fires, strikes, flood, epidemics, wars or fiats provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller John received Imowledge thereof. In the event of any such &I., the dam of delivery shall he extended far the period .11. the time actually bear by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples mNor ocher barefi uiom given, will be fit for the purposes intended, and performed with the highest degree of care and competence in acconisom with accepted standards for work of a arilar rmme. The Seller agrees on hold the purchaser barmlrss farm any loss, damage or expense which the Purchaser may suffer or incur oa account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects of faults arising within one (1) year or within such longer period of time as may be prescribed by law os by the terms ofany applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting farm imperfect or defective work done or materials fiuniahcd by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of my claim under this wamnry. Except m otherwise provided in this purchase older, the Sellers liability heaundef shall extend to all damages proximately caused by the breach of any of the foregoing committees or guarantees, but such liability shall in no event include loss of profits or lass of use. NO IMPLIED WARRANTY OR MF.RCHANTABILD Y OR OF FITNESS FOR PURPOSE SI IALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terra by wxiren change whet. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the team, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change oher. If any such thong, agnnts the amount due or the lime of performance hereunder, an available adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, remirmte this agreement as m any or all portions of the goods then not shipped, subject to any equitable adjustment between the panties is to any work or materials then in progress provided that the Porchaser shall not be liable far any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to my goods which me the Sellers standard stork. No such termination shall relieve Me Purchaer or the Seller ofmy of their obligations as many goods delivered hraunder. 7. CLAIMS FOR ADJUSTMENT. Any Chaim For adjustment must be asserted within thirty (30) days from the data the change ar mammalian is ordered. 8- COMPLIANCE WITH LAW. The Seller warrants two all goods sold hereunder shall have been produced, sold, delivered and f fished in stria compliance with all applicable laws and regulations to which the goods art subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required m be ncrmulated in agreementus of Nis charade, are hereby incorporated herein by this reference. The Sella agrees to indemnify and hold the Purchaser harmless from all costs and damages suf ed by the Purchaser as a remit of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. Ire. TITLE. The Seller wmmmts full, clear and prommieted title a the purchaser for all equipment, materials, and items firemphed in perfomaom of this agreement for and clew of any and all liers, restrictions, actmatiam, security interest encumbrances and claims of.thers. I L NON WAIVER. Failure of the Purchaser to insist upon stricl performance of the temu and immigrants hereof failure m delay to exercise any rights or remedies prodded herein or by law, failure of promptly notify the Seller in the event of a breach, the acceptance of or payment for goats hereunder or approval ofthe 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 puale ser to insist upon stria performance hereof or any of its rights or remedies as many such goals, regardless of when shipped, received ar accepted, as to any prior or subsequent defaolr hereunder, nor shall any puripera d oral modification or rescission of this purchaef order by Me Purchaser operate as a waiver of any of the scram hereof. 11 ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognim that in actual ecris practice, overcharges resulting from antitrust violations arc in fact bome by the Porchaw, Therem mar, for gaud cause and as consideration for executing this purchase order, the Seller hereby assigns to the Nu lueser any anal all claims it may now have or hereafter acwired under federal or stow arm., laws for such overcharges relating tat the panialar goods or ,armies perch d or acquired by the Purchases pursuant to this purchase coder. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller m cancer nonconforming or defective goods by a date as be agreed upon by the Purchaer and the Seller, and the Seller thereafter indicates its inability or unwill ingress to comply, the Purchaser may taus, the work to be performed by the mast expeditions means available 10 it, and the Seller shall pay all rests wassiawl with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature reselling form the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party releasM and shall extend at the directors, omars and employers ofsuch pony. The Sellers contractual obligations, including warranty, shall not be deemed to he reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. 3VInarver thc Seller is required to use any design, desire, material orprocess cuveral by later, grand, trademark r copyright the Seller shall indemnify and save harmless the Prahaser form any and all claims for infringement by reason of the use of such patented design, device, material or procev in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged m pay by reason of such infraingement at any time during the nauseant ion or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held m constitute infringement and the use of said equipment or Pan is enjoined, the Sella shall, at its own expense and at its option, either procure for the Pu¢Easer the night to continue using said equipment or pans, replace the same with substantially equal but noninGnging equipment, or modify it sat it becomes noninfr'nging. 15. INSOLVENCY. If the Seller shall become insolvent or bananas. make an assignment for be benefit of creditors, appoint a mannon in armta for any of the Sellers property or biomass, this order may foMwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The de0nilions of tetras used or the interpretation of the agreement and the rights of all parties hereunder shall be twourm d under and g .it by the laws of the Suite ofColamdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services; ofShcers Represenmrive(s), on the premises ofothem 17. SELLERS RESPONSIBILITY. The Seller shall carry on said week at Sellers own risk until the same is fully completed and accepted, and shall, in case of any accident destruction or injury to the work andor mammals before Sellers final completion and acceptance, complete One work at Sellers own expevu wad to the sztisfitwom of the Purchaser. When materials and eam,fir m arc f fished by others far installation or eaaim by the Sallee the Seller shall receive, pvlmd, store and handle same at the site and become responsible therefor as though such mmmals and/or equipment were being Famished by the Seller under the order. 18. MSURANCE. The Seller shall, at his own expense, provide for the payment of workers compemarion, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase am,, and/or to their dependents in accordance with the laws of the state in which the woek is to be done. The Seller shall also entry comprehensive general liability including but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least 5300,000 for any one person, 550ft" for any are accident and propeny damage limit per accident of $400.000. The Seller ,ball likewise raluire his contractors, if any, to provide for such mmperaation and insurance. Before any of the Sellers or his compares employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a raffir e that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and immature have been provided. Such certificates shall specify the date when such compensation and announce cxpies_ The Seller names that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTEMON AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, lass or injury ofany kind or nature whatsoever to persons or propeny mused 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 any r all of the Purchasers officers, agents and employes from and against any and all claims, losses, damages, charge, or expenses, whether direct or indirect, and whether to persons or propeny to which the Purchaser may be put or subject by reason of any act action, neglect, omission or default on the pan of the Seller, any of bit, contactors, or any of the Sellers or containers eskers, agents or employers. In case any suit or other proceedings shall be brought ,not the Purchaser, or its officers, agents or employees at any time on account or by mamin of any act, anion, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aferevid, the Seller hereby agrees to assume the defuse therm( and to defend the same at the Sellers own expense, to pay any and all carts, charges, auomrys fees and other expenses, my and all judgments that may he imcumd by or obtained gaten be PureMsn or any arms of their officers, agents or employees in such swiss or other proceedings, and in rase judgment or other lien be plaid upon or obtained against the property of the Purchsser, or said parties in or as a result ofsuch suits or other pro read ngs, the Seller will at once cause the same to be dissolved and discharged by giving band or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitabor, the Occ rpwlonal Safety and Health Act of 1970 and all rules and regulatons issued pursuant therein. Revised 03R010