Loading...
HomeMy WebLinkAbout501238 GREENING UP LANDSCAPE MAINTENANCE INC - PURCHASE ORDER - 3215055of Fort Collins Date: 01/05/2015 PURCHASE ORDER PO Number Page 3215055 1012 This number must appear on all invoices, packing sli s and labels. Vendor: 501238 Ship To: PARK MAINTENANCE GREENING UP LANDSCAPE MAINTENANCE INC CITY OF FORT COLLINS 1942 E LINCOLN AVE UNIT B 413 S BRYAN FORT COLLINS CO 80524 FORT COLLINS CO 80521 Delivery Date: 01/05/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 2015 Annual 1 LOT LS 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 5,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Conditions Page 2 of 2 I. COMMERCIALDETAIIS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local nixes. Om Exemption Number is 98-04502. Federal Excise Tax Exemption Cmificate of Registry g4fi000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Status 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to ma, specification, either when shipped or due to defect of damage in transit, may be renmed m you for craft and arc not to he replaced excep, upon receipt of women iruuctons from the Ciry of Fort Collins. Inspection. GOODS rue subject to the City of Fort Collin inspection on arrival. Final Acceptance. Receipt of the merchandise, service or equipment in ,,Fame to this oNer can result in authorized payment on the pan of she City of Tom Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable ralmoul inspection pmeeduta. Freight Tema. Shipments must he ROD., City of Fort Collins, 700 Wood St, Fan Collins, CO 80522, it. otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must 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 nmrest distribution paint to dedication, and excess freight will he deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cast all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, real., or political subdivision where the work is performed, or required by any other duly constituted public authority la virilpr adictimt over the work of vendor. Seller father agrees to hold the City of Fort Collins lartnleas from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordimnres, mles and requirement. 11. NONWATVER. Failure of the Purchaser to must upon simet performance of the terms and conditions hereof, failure or delay, to y rights or manage s; ereinprovided hin by law, failure to promptly nitrify the Seller in the event of a bunch, an ach, the acceptance, ofor payment for goods hereuMer or approval odds, design, shall not releae die Seller of may of the warta,im or obfigaman of this purchre order and shall m be deemed is waiver of any right of the purchaser to insist upon stria Pa.. brand., any of its rights or rcmNics as to my such goods,regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, we shall my purPaned and modification m max. of this purchase order by die Purchaser mosate as a waiver of any of the team hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognise that in sctual economic practice, overcharges resulting from stunt, violation are in fact borne by the Parclusa. Theremfor, , fro goad cause and as consideration fro examing this purchase order, die Seller hereby, assign to the Purchaser any and all claims it may now have car hereafter acquired under federal in sate antinuut Max for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaer directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and die Seller, and the Seller thereafter indicates its inability in unwillingness to comply, the Patch. may curse die work to be performed by the most expeditious mans available to it, end 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 performmce afsuch work. This ideate shall apply even in the event of fault of negligence of the party released and shall extend a die directors, ofcers and employees ofaueh party. Audarimtion. All parties to this contract agree that the representatives sere, in fact, born fide and possess full and The Seller's eoureanW obligation, including wamnty, shall not be deemed a be reduced, in my way, because complete authority to bind said Fortis, such work t performed or caused to be performed by the Purcbau.. LIMITATION OF TERMS. This Purchase Order expressly limits aceprmra to the onew and eardnions tamed herein set foM and my supplementary or additional tams and candidates urmexdl Mato or incorporated herein by 14, PATENTS. referasx. Any additional or different reams, sal condition proposed by selle, are objected as mad hereby rejand. Whomever the Seller U samurai. use my design, device, ductal tar process covered by leaser, latent tredenak in copyright the Seller shall indemnify and save harmless the Purchaser tram my srd all claims for infringement 2. DELIVERY. by reason of the use of such patented deign, Mice, material or pmoem in compation with the concoct and PLEASE ADVISE PURCHASING AGENT immediately if you mount make complete shipment to arrive on your shall inderrmify the Purchaser for any cost expense or damage which it nay be obliged to pay by reason of such Promised delivery date as rated. Tina ex of the essence. Delivery and performance mast he eRected within the time infringement at my time during the prosecution or after the completion of the work. In cause said aquipmmt, or sated on the purchase order and the documme, attached hereto. No set of the parchment including, without my lam thereof or the intended use of de goods, is in such suit held to constitute infringement and the use of limitation, sccetwou a ofpanial late deliveries, shall operate is a waiver of this provision. In the event army delay, said aluipment or pat is Joined, the Seller shall, at it own expense and m its option either procme for the the Fo<osa, shall have, in addition to other legal and equitable mercies, the option of placing this order elsewhere Purchaser the right to continue using said ardpment or parts, replace the same with substantially egml but and holding the Sella liable for damages. However, the Seller shall not be liable for damages as, a result of delays noninfi nging equipment or modify it so it banner, noninfi nging. due in causes not reasonably foreseeable which are beyond its teawnable campy and without it fault of negligence, such act ofGod, was ofeivil or military authorities, governmental priorities, fires, strikes, Rood, epidemics, wars at 15, INSOLVENCY. riots provided that notice of the conditions aping such delay is given to the Purchaser within five (5) days of the If the Seller shall become insolvent or bads i t make an assignment for thc baefit of creditors, appoint a time what the Sella first received knowledge theme(. In the event of my such delay, the date of delivery shall he receiver or mime for my of the Sellers property am business, this mdr may faMwith be canceled by the ,xterded for the period equal to dic time whoolly lost by reason of the delay. Purchaser without liability. 3. WARRANTY. The Seller warrant that all goods, articles, materials and work covered by this under will conform with applicable drawings, specifications, maples ands, other descriptions given, will be ❑t for the purposes intended, and performed with the highest degree of care and compela a in accordance with accepted standards for work of a similar aware. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which the Purchaser may sufferer incur an account of the Sellers breach infraction, The Seller shall replace, repair or make grand, without cost to the purchaser, my defects or faults arising within one (1) year or within such longer period of time m may be prescribed by law or by the laws army applicable smarmy provided by die Seller after she date of reapmrce of the goods famished hereunder bece ence not to be umammbly delayed), resulting from imperfect or defettive work done or rmtanat furnished by the Seller. Acceptance or use of goods by the Purchaser shall not consGmte a waiver of any claim under this waranry. Except as orhenvise provided in this purchase mdm the Sellea liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guammaa but such liability shall in no event include Ions of profit w loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes an legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The purchaser may make my Changor to the terms, oNer Nan legal term, including addition to or deletion from the quantities originally entered in the specifications or drawmax, by verbal or —am change ore. If my such change affects the amount due or the time ofperfom a ce hereunder, a amiable w1jns erard shall he made. 6. TERMINATIONS. The Purchaser may at any time by wring change coda, termimte this agreement as many w all poniar of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or finernals ten in pmgms provided that the Pmewsa shall or be liable for any claims for anticipated profits on the uncompleted potion of the goods an&., work, foe incidental or consequential damages, and that no such adjntmal be made in favor of the Seller with respect to any goods which we the Sellers standard stock. No such terminstion shall relieve the Purchaser or the Seller of any of their obligation as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assured within thirty (30) days from the date the change or lamination is ordered. S. COMPLIANCE WITH LAW. The Seller weans that all goods sold hereunder shall have been produced, sold, delivered and famished in stria complema, with .II applicable laws and regulation m which the good are subject The Seller shall execute and deliver such documents as maybe expired to effect or evidence compliance. All laws and regulation requited in be incorporated in agreement of this chimera we hereby incorporated herein by this tefermee. The Sella agrees to indemnify and hold the Purchaser bamlecs f .11 cast and damages sufraed by the Purchaser as a all of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall as ign, mnsfcr, or convey this order, or my tames des or To become due hereunder without the prior wi na anent of the other pray. 10. TITLE The Sellic warrants full, clear and committed ti0e in the Pusebaccr for all equipment materials, and items garnished in performance of this agreement free and clear of any and all lien, restrictions, reservations, security interest orcumbmnce wall claims of mhcrc 16. GOVERNING LAW. The definition of tern used or the interpretation of the agreement and the rights of all parties hereunder shall h constmed under and governed by the laws ofthe Sure of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work heenndem including the services of Sellers Representative s), on the premises creasers. 17. SELLERS RESPONSIBILITY. The Seller shall any oa said weak at Sellers own risk it the same is fully completed tab accepted, and shall, in au of may accident destruction or injury m the work .Nod mmeia s before Senors furl completion and mceptatt, complete the work at Sellers awn expense and to the satisfaction of the Purchaser. When rarenals snd equipment are famished by others for installation or erection by the Sella, the Seller Shan receive, unkind, store and handle some at the site and became respomible therefor as though such mmcrisU and/or equipment were being fmisbed by she Sella under the order. 18. INSURANCE The Sell. shall, at his own expense, provide far the payment of woken ampenation, includng wccupatiml disease benefs, in its employees employed on or in contraction with the wok covered by tht purchase order, ardor in their dependent in wcordarce with the Uws of the state in which the wale is in be done. The Sella shall also carry comprehensive partial liability including, but rot limited te, commend and seasons le public liability insurance with bodily injury and duds limits of an lent 5300,00) for my one Pam., S500.000 fro any one accident and property, damage limit per acident of 5400,000. The Seller shall likewise require his contractors, if tar. an provide for such mmpemation and inumae. Before my of the Sellers or his antmmrs employees shall do any work upon the premises crashers, the Seller shall furnish the Purchases wids a certificate that such compensation and insurance have ban provided. Such certificates shall specify, the date who such compensation and immence have ban provided. Such anifica s shall specify the date who such comp.mvtion and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume the care responsibility and liability for any and all damage, loss or injury of any kind or ware whatsoever to person or property caused by or resulting from the examion of the wok provided form this purchase order or in connection herewith. The Seller will indemnify and hold harmleas the Purchaser and my T all of the Purchasers ofhcers, agents and employees from end .gain, any and all claims, losses, damages, charges or expense, whether direct or indirect, and whether to Fersom or property so which the Purchaser may be put or subject by reason of my act action, neglect, omission or default on the pat of the Seller, my of his contractors, or my of the Sellers or contractors officers, agents or employaa In case my suit or other poweedings shall he brought against the Purchamr, or its officers, agent or employees a, my time on account or by reason of my act action, neglect, omission or default of the Sella of my of his contractors or my of it or then officers, agent or employees as of said the Seller hereby ogreas to assume the defense thercof and to defend the come in the Sellers awn expeme, to pay my and all ens., charges, attorneys fees and other expenses, any and all judgmrnrs Bar may be incurred by car obtained against the Pumbsse or any of it or dreu officers, agents or employees in such suit or other ptrceediriga, and in case judgment or other lien be placed upon or obtained against dic properry, of the Purchase, or said parties in in as a rerun of such suits or other penceanvgs, the Stiller will in once cruse the same to be dissolved aM discharged by giving band or osheaise. TLe Sella and has conteaeors shall take all mfely precaution, furnish end install all guards necessary for the prevention of accident, comply with all lawn and regulator with regard to safety including, bur without limitation, the Occupational Safety and Health Act of 1970 and all role and regulations issued pa., thereat. Revised 07l2014