HomeMy WebLinkAbout108979 A & L SERVICES - PURCHASE ORDER - 9150359Fort Collins
Date: 01/1512015
PURCHASE ORDER
PO Number Page
9150359 1of2
This number must appear
on all invoices, packing
sli s and labels.
Vendor: 108979 Ship To: COMMUNITY DEV & NEIGHBORH
A & L SERVICES CITY OF FORT COLLINS
2329 W MULBERRY ST 281 N COLLEGE AVE
FORT COLLINS CO 80521-3224 FORT COLLINS CO 80521
Delivery Date: 01/15/2015 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price
Extended
Ordered
Price
ABATEMENT SERVICES 1 LOT LS
15,000.00
WEEDS & RUBBISH
PER TERMS AND CONDITIONS OF BID 7113
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.
2 ABATEMENT SERVICES 1 LOT LS
10,000.00
SNOW REMOVAL
PER TERMS AND CONDITIONS OF BID 7564
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jam; j _I,i
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
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
Rex��•a�t:�entanrtnxj
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptiom. By statute the City of Fan Collins is exempt from sate and local nixes. Our Exemption Number is
I L NONWAIVER.
98-04502. Federal Excise Tax Exemption Cenificam of Registry 84-6000581 is registered with the Collector of
Failure of the Pu¢hsser to insist upon most reflectance of the marts and conditions heeof, failure or delay to
Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26,114 (a).
exercise any rights or remedies provided herein or by law, failure to promptly notify the Sit let in the event of a
breach, the acceptance of or payment for goods hereunder or approval of the design, shall not whose the Seller of
Goods Rejoined. GOODS REJECTED due a failure m meet specifications, either when shipped or due to defects of
any of be warranties or obligations of this purchase order and shall vat he deemed a waiver of any right of the
damage in Vamir, may be retumW a you for trait and are nor rs be replaced except upon receipt of cannon
purchaser a insist upon strict performance hereof or any of its rights or remedies as to any such goads, regardless
instructions from the City of Fort Collins.
of what shipped, received or accepted, m to any prior or subsequent default hrmander, am shall my purposed
am] madification or rescission of this purchase order by flue Purchaser operate as a waiver of any of the term'
Inspection. GOODS are subject o the City of Fos Collins inspection on arrival,
hereof.
Final Acceptance. Receipt of the merchandise, services or suipmmn in response to this order can result in
12. ASSIGNMENTOFANTITRUSTCLAIMS.
autlariacd payment an the pet of the City of Fos Collins. However, if is an be understood then FINAL
Sella and the Purchaser maximum that in wmal a is practice, oscscharga resulting hose antitrust
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violations are in fact home by the Purchmer. Therersf im, for good oxide, and m consideration for executing this
purchase order, the Seller hereby msigm to the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipments most be F.O.B., City of Fort Collins, light Woad M., Fan 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. Uprnnission is given to prepay freight and charge separately, the origiml freight
purchased or acquired by elm Purchaempursoanuo this purchase order.
bill most cwbmw nv invoice. Additional charges for vrkirm will Out be accepted.
Shipment Distance. Where manuf Curers have distributing Points in stamps pans of the country, shipment is
-igamd from the nearest distribution point to destination, and excess freight will be deducted from Invoice when
shipments are made from greater dutance.
Permits. Seller shall procure at scllem to cost all necessary, permits, ceniftrata had licenses raTuiad by all
applicable laws, regulations, optimums and rules offee state, municipality, territory or political subdivision where
elm work is performed, or required by any Other duly constituted public anthority havingjuris fiction over the work
of vendor. Sella lusher agrees to held be City of Fon Collins barmless from and against all liability and loss
muend by them by rtawn of an mnened or established violation of any such laws, regulations, indicants, roles
and requirements.
Amhoriscom . All parties so this contract agree that the representatives are, in fact, forma file and prssess fall and
amplete mahm ay to bind said ponies.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the from, and conditions stated
herein set Both and my supplementary or additionvl terms not conditions annexed hereto or incremented herein by
reference. Any additional or di@rent terms and conditions propm<d by seller arc objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyor censor make complete shipment It arrive on your
promised delivery Jane as voted. Time is of Ne essence. Delivery and perfonwmc matt be eRected within the time
stated on the purchase order and the documents attached haters. No ace, of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall opame as a waiver of this provision In the occur ofany delay,
the Purchaser shall have, in addition to other legal and suitable remedies, the option of plods, this order elsewhere
and holding the Seller liable for damages. However, the Seller shall act be liable for damages ns a result of delays
due to mums not eventually fonsecable which cep beyond its reasonable conwl and without its fault of negligence,
such ass al'God, ass ofavil or military authorities, governmental priorities, fires, spikes. Dowd, epidemics, wan or
now provided that notice of the conditions causing such delay is given to the Parches, within five (5) days of the
time when the Seller first received knowledge thereof. In be event of my such delay, the date of delivery shall be
extended for the period equal to the time formally lost by reason of the delay.
3. WARRANTY.
The Seller warrants but all goods, articles, materials and work covered by this order will conform with applicable
drawings, spaificatiom, sample, indoor other descriptions given, will be fit for the pumoses intended, and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold Ne purchaser hamdess from my loss, damage or expense which the
Purchaser may suRrr or incur on wcemI of the Sellers breach of warranty. The Sella shall replace, repair or make
good, without cast to be purchaser, any der e, or faults arising within one (1) year or within such longer peed of
time as may be prescribed by law or by be terms of my applicable warranty provided by the Seller after the dam of
acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resuha, from imperfect
or defective work done or materials fumishnd by the Seller. Acceptance or use of goods by the Purchaser shall not
emotions a waiver of any claim under this warranty. Except m otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damage pumorously caused by be breach of any of the foregoing warranties
or guamnmes, but such liability shall in no event include loss of profits or loss of tsar. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SE IALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchase may make changes to legal tense by women change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions hose
the quantities originally ordered in the specifications or dmomf s, by veNal or writ elwnge orde, O any such
change aflab the amount due or the time of vafomance hesemMer, an quibble adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by wnnen change rind,, terminate this agreement as to any or all portions of the
goods then not shipped, subject to any suitable adjustment between the parties as to any work or materials that in
progress provided that the Perchance shall not her liable for any claims for anticipated profits on the uncompleted
,onion offer goods carbon work, for incidental or consequential damages, and that no such adjusment bes made in
favor of be Seller with respect to any goods which art the Sellers amndard sack. No such termination shall relieve
the Purchases a, the Seller of any update obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserait within thirty (30) days from be date be change or anchum Lion is
widened.
8. COMPLIANCE WITH LAW,
The Seller warrants that all goads sold hereunder shall have been produced, sold, delivered and furnished in slier
compliance with all applicable laws and regulations to which be goods are subject. The Seller shall execute aM
deliver such documents as may be required to effect in evidence compliance. All laws BrW regulations required m be
incorporated in agreements of this chaewter art hereby incorporated herein by this reference. The Sella agrees to
indemnify and hold the Purchmer harmless from all cases and damages suffered by the Pardoner to, a result of the
Sellers failme to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, treater, or convey this order, or my monies due or to become due bepunder without be
poor wrimen consent ofthe other parry.
10. TITLE.
The Sella wasrmts full, clear and unaestricred title to the Purchaser for all escarpment, materials, and items fu iumbd
in performance of this agrarian,agrarian,free and clear of my and all liensni , Mu omreservations, secur , resertions, ity interest
atcumbaes ncand claims ofmhas.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct noncom! ing or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, me Purchaser
rimy cause the work to bs performed by the ..at expeditious mans available to it, arW the Seller shall pay rill
casts asociatd with such work.
The Seller shall releme the Purchaser and its contactors of any tier from all liability and claims of any anus
resulting from the performance ofsuch work.
This release shall apply even in the crew of fault of negligence of f¢ party released bad shall extend to the
directors, officers and employees ofsuch Party.
The Sellers contractual obligations, including womenty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Sella is requitad to use any design, device, material or process covered by lever, patent trademark
or crpynght the Sella shall indemnify and save homeless the Purchaser from any and all claims for iK'ngemenl
by reason of the use of such patented design, device, material or process in connection with the contract, and
shall indemnify the Purchaser for any cast, expense or damage which it may he obliged to pay by reason ofsuch
infringement at any time during the prosecution in after be completion of the work. In was said equipment, or
any pan Bomar or the intended use of the goods, u in such into held to comtimte infaingentenl and Our use of
said equipment or pan is enjoined, the Sella shall, at its own expense and at its option, nNa provere for the
Purchaser the right to continue using said equipment or pans, replace the some with substantially anal but
noninliingiag equipment, or modify it act it becomes nomnfdnging.
15. INSOLVENCY.
If be Sells shall become insolvent or bedsmpt, make an assignment for the benefit of cadimrs, appoint a
receiver or trustee for my of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
I& GOVERNING LAW.
The definitions of terms used or the imerpreution of the agreement and the rights of all parties hereunder shall he
comwed under and governed by the laws of the Stare of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including be services of Sellers Rryrea ratative(s), on the premises ofothas.
11. SELLERS RESPONSIBILITY.
The Seller shall any on said wad ar Sellers own risk .,it the same is Polly completed and accepted, and shall
in e of any accident, destruction or injury to the work carbon materials before Sellers final completion and
acceptance, complete the work at Sellers own expense and to the s ctisf ction of the Purchase, When materials
uM equipment are lavished by offers for installation or erection by the Sella, the Seller shall receive, unload,
,tort and handle same al ffe site and become responsible therefor as though such materals amdror equipment
were being ftmishd by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers mmperesation, including occupational
disease benefits, to its employees employed on or in connection with the work covered by this purcl,ae order,
anNor It their dependants in accordance with the laws of the sate in which the work is m be done. The Seller
shall also can, comprehensive gates] liability including, but not limited to, cxmtmmml and automobile public
liability imnrance wina bodily injury and death limits of at least 5300,000 fur any one person, 5500,000 for any
one accident and properly damage limit per accident of S400,000. The Seller shall likewise require his
containers, irony. to provide for such compensationand inewarence. Before any arrive Seller or his contractors
employees shall do any work upon the premises of orders, Ole Seller shall famish the Purchaser with a of ifiwln
that such compensation and insurance have been provided. Such certificates shall specify the dam when such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until once the
entire work is rompletd and accepted
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby sau— the entire respansibilay and liability for any and all damage, lass or injury crony kind
or neure whatsoever to persons or property caused by or asulling from be execution of the work provided for in
this purchase order at in connection Farewell The Sella will indemnify and hold harmless the Purchaser and my
or all of the Purchasers ofliceas, agents and employees from and appear my and all claims, losses, damages,
charges or expenses, whether direct or indent and whether as persons or properly to which the Purchaer may
be put or subject by reason of any act, when, neglect, omission or default on the Pon of the Sella, any of his
contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other
proceedings shall fe brought against be Pmchmer, or its officers, agents or employees at my time on account in
by poser of my an, action, ncglat, omission or default of the Sella of my of his mortgages or my of its or
their officers, agents or employees on aforesaid, the Seller hereby ogees Ica assume be defense thereof soil a
defend the same at the Sellers own expense, to pay my and all costs, charges, anomeys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their Officers,
agents or employees in such suits or other proceedings, and in tau judgment or offer lien be placed upon or
abmimd against the property of the Purchaser, or said parties in or as a result of such suits or off, proceedings,
the Sella will at once cause the same to be dissolved and discempal by giving bond or otherwise. The Sella and
his contractors shall take all safety precautions, formal and install all guards necessary, for be presention of
accidents, comply with all laws and regulations with regard to safety including, bur without limitation, the
Ocoupatlowl Safety and Health All of 1970 and all roles and regulations issued pursuant thereat.
Revised Wall14