HomeMy WebLinkAbout399025 CLEAN AIR LAWN CARE INC - PURCHASE ORDER - 9142212 (2)Fort Collins
Date: 04/25/2014
Vendor: 399025
CLEAN AIR LAWN CARE INC
PO BOX 2087
FORT COLLINS CO 80522
PURCHASE ORDER
PO Number Page
9142212 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: PARK MAINTENANCE
CITY OF FORT COLLINS
413 S BRYAN
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
6 Change Order #1
Rabbit Brush 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.mm
1 LOT EA
2,352.00
Total
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
®f4RiSUF[AY aCa'N3Ti�.[K7TRRS�i
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
11. NONWAIVER.
98-04502. Fdmal Excise Tax Exemption Certificate of Registry 84-60o0587 is registered with the Collector of
Failure of the Purchaser to insist upon strip performance of the terms and conditions hereof. failure or delay m
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Santorini 1973. Chapter 39.26, 114 (a).
exercise any rights or readies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the ma puott ofor payment for goods hereunder or approval of the design, shall not ¢lease the Seller of
Good R jested. GOODS REJECTED due to faiure to men specifications, either when shipped or due to defeats of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of my right of the
damage in transit, may be mounted to you for credit and arc not to M replaced except upon receipt of woman
purchaser or usast upon short performance hereafor any of its rights or remedies as to any such goads, regardless
instructions from the City of Fon Collins.
of when shipped, received or accepted, as to my 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 tenor
Inspection. GOODS are subject to the City of Fart Collins inspection on arrival.
hereof.
Find Acceptance. Raeipt of the merchadiw, services or equipment in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment an the pan of the City of Fort Collins. However, it is a be wrantad nor FINAL
Seller and the Purchaser recognize that in actin[ economic practice, o archmges resulting fmm antitrust
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures.
violations are in fact home by the Purchaser. Themofare, for good cause and as mmidarlim for executing this
purchase oNer, the Seller hereby assi}ys Ira the Purnmer any and all claims it may now have or hereafter
Freight Terns. Shipments mast be F.O.D., City of Fort Collins, Too Wood St., Too Collins, CO 80522. unless
acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services
otherwise specified on this order, if permission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Pamhaser pursuant to this purchase order.
bill must accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacmers have distributing points in various pans of the country, shipment is
Ifthe Purchaser directs the Seller to mrtect nonconforming or defective goad by a date to be agred upon by the
exported fmm the nearest distribution Point to destitution, and excess freight will be dducrd from Invoice when
Purchaar and the Seller, and the Sella thereafter indicates its mobility or unwillingness to comply. the Purchaser
shipments art made from greater distance.
may cause the work to be performed by the most expeditious mews available a it, and the Seller all pay all
wits associated with such work.
Portion. Seller shall procure at sellers sole cost all compsary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and roles arms slate, municipality, teniutry ar political subdivision where
the work is perl'onned, or required by any other duly constituted public amhony havingjudsdicurn over the work
of vendor. Seller further agrees to bold the City of Fort Collins harmless fmm send against all liability and loss
incurred by them by reason of an coined or establuhd violation of any such laws, regulations, ordinances, rules
and requirements.
Audmrization. All parties ro this compact agree that the representatives am, in fact, bum fide mal possess full oval
complete authority to bind said parties.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated
heroin set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
refrece. 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 rake complete shipment to move on your
promised delivery dam as noted. Time is of the essence. Delivery and paformmtt most be effected within the time
sated on the purchase order and the documents attached hereto. No ens of the Purchasers including, without
limimpari, accepranre ofpmi.1 late deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable readies, the option of placing this order elsewhere
and holding the Sella liable for damages. However, the Seller shall not be liable for damages as a result of delays
due to causes not rmarubly fomseeable which are beyond its reawmble control and without its fault of negligence,
such ants ofG,w, acts of civil or military trampolinist govemmraml pnonnes, fires. strikes. Rood. epidemics, was or
roots provided that notice of the conditions coating such delay is given to the Purchaser within five (5) days of the
time when the Seller first raeived knowledge thereof. In the event of my such delay, the date of delivery shill be
extended far the permit equal to the time actwlly lost by reason ofthe delay.
3. WARRANTY.
The Sella warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples an&ar oNer dewnptl m, give, will be, ❑t far the purpose, intended, and
Performed with the high" degree of cote and competence in accordance with accepted standards for work of a
similar came, the Sella agrees to hold the purchaser harmless from any lass, damage or expense which the
Porcbasa may suR or incur on account of the Sellers breach of wmemry. The Sella shall replace, repair or make
good, without cost to the Purchaser, any defects or faults arising within one (1) year or within such longer proud of
time as may be prascdbed by law or by the terms ofany applicable warranty provided by the Seller after the date of
acceptance of the goods fumished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or detective work done or materials fumished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver ofany claim under this warranty. Except as oferwise provided in this purchase order, the Sellers
liability hereunder shall extend Ira all damages proximately caused by the breach of any of the foregoing wscommies
or guapamas, but such liability shall in an event include Ins of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY,
4. CHANGES IN LEGAL TERMS.
The Purchaser cony make changes to legal terms by mount change oMe,
5. CHANGES IN COMMERCIAL TERMS.
The Purchase, may rake any changes ro the tenon, rather than legal terros, including saidniam to or deletions from
the quantities originally ordered in the specifications or drawing, by verbal or main change order. If any such
change alierm the amount due or the time ofyerformance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the
good then not shipped, subject to any equitable dmormat between the ponies as to any work or materials then in
progress provided that the Poulamer shall not be liable for any claims for anticipated pmfirs on the uncompleted
portion of the good andlor work, for incidental or consequential damages, and that no such adjustment be made N
favor of the Sella with respect to my goad which are the Sellers send. red stock. No such rantimlian shall relieve
the Purchaser or the Seller army of their obligatiom as to any good delivered him uder.
y. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) do,, from the data the change or termination is
mrlered.
8. COMPLIANCE WITH LAW.
The Sella wamnts that all goods sold hereunder shall have ban produced, sold, delivered seed burnished in suits
compliance wit all applicable laws and regulations to which the goods art subjen. The Seller shall execute and
deliver such documents as may be requited to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby incoryomted herein by this reference. The Seller agrees so
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither Barry ,lull assign, transfer, or convey this miles, or any monies due or to become due hereunder without the
,.at women onisant of the other pmy.
10. TITLE.
The Seller warams full, clear and unrestdaed title to the Purchaser for all equipment, materials, and items famished
in pacruffirracconce of this agreement, free and clear of any and all liens, restrictions, reservations, secuny interest
eacumbnncn and claims o f others.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature
resulting from the performance ofsuch work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, oRmrs and employees ofsuch parry.
The Sellers mntpactml obligatimi including wean, shall nor be deemed to be rdmed, in any way, beame
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, mamnal or proms, covered by letter, patent, trademark
Or copyright, the Seller shall indemnify and save hamdess the Purchaser from my and all claims for information
by reason of the use of such patented design, device, material or process in connection with the contract, and
shill indemnify the Purchaser for my cost, expense or damage which it may he obliged to pay by crown of such
infringement at any time during the pnmamion or after the completion of the work. In case mid equipment or
my pan therm( or the intended use of the goods, is in such suit held to constitute infringement and the use of
mid equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right to continue using said equipment or pans, replace the come with substantially equal but
mainfringing equipmrn, or modify it sa it becomes mainfringing.
IS. INSOLVENCY.
If the Sella dull became insolvent or bankrupt, make an acsigmnent fin the benefit of nation, appoint a
receives or income for my of the Sellers property anbusiness, this order may foMwith be canceled by the
Purehaor with.. liability.
16. GOVERNING LAW.
The di finioru of tents used or the interpretation of the agreement and the rights of all posies hereunder shall be
command under and governed by the laws of the Spate of Colorado, USA.
The following Additional Conditions apply only in case, where the Sella is to perform work hereunder,
including the services of Sellers Representative(,), an the prt Ludes ofmhers.
IT. SELLERS RESPONSIBILITY.
The Seller shall carry oa said work ut Sellers own risk until the same is fully completed and accepted, and shall,
in case of any accident, destruction or injury to the work and/or materials before Sellers fiml completion and
acceptance, complete the work at Sellers own expense and no the satisfaction of the Purchaser. When m omods
and equipment are fumshed by others far installation or erection by the Seller, the Sella shall receive, .[.ad,
store and handle same at the site and become responsible therefor as though such materials anchor ryuipmmt
were being( fished by the Seller under the oNer.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease ba efits, 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 state in which the work is to be done. The Seller
shall also curry compreh naive general liability including, bur not limited to, contmdual and automobile public
liability insumrse with bodily injury and death limits of at ]a. S300,000 for any one person, S500,030 for any
one accident and property damage hour per accident of 5400,". The Seller shall likewise require has
contmctos, Worry, to pmvide far such compensation and insurance Before my of nbc Sellers or his contractors
employees shall do any work upon the premises orators, the Seller shall famish the Purchaser with a catificam
that such c mparsation and insuracce have been provided. Such cati0cates shall specify the date when such
compensation and insurance have been provided Such certificates shall specify the dais when such compensation
and insurance expires. The Seller agrees thin such mmpeusation and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assumes the entire r¢pomi ailiry and liability for any and all damage, loss or injury of my kind
or nature whatsoever to persoos or property caused by or resulting from the execution ofthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges or carcasses, whether direct or indirect, and whether to persons or property to which the Purchaser may
be For or mutual by mown of my act action, neglect, omission or default on the pan of the Sella, any of his
contranprs, on any of the Sellers or contractors officers, agents err employees. In eau any .it or other
proceedings shift be brought against the Puchaer, or its officers, agents or empfyas at any time as account or
by reason of my act, anion, neglect, omission or default of the Sella of my of has contractors or my of its or
their officers, agents or employees u aforemid, the Seller hereby agrees to assume the defense thereof and to
deRnd the come at the Sellers own expense, ro toy any and all costs, charges, ahomeys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their mWiters,
agents or employees in such suits or other Proceedings, and in caw judgment or other lien be placed upon or
obtained almost race property of the Purchaser, or mid posies in or as a result of such wits or other proceeding,
the Sella will in race muse the same to be diswhd and discharged by giving baud or otherwise. The Seller and
his contractors shall take all safety precautions, famish and install ell guard aaecary for the prevention of
accidents, comply with ell laws and regulations with regard to safety intruding, but without limitation, the
Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto.
Revised 03I2010