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HomeMy WebLinkAbout477090 NERO LANDSCAPE SERVICES - PURCHASE ORDER - 9150739PO PURCHASE ORDER 915073er Page C117/ of PURCHASE 50739 1 °f z Flirt Collins( his numbees, packing !I\V`I ` V 1 1 on all invoices, packing sli s and labels. Date: 02/02/2015 Vendor: 477090 Ship To: FACILITIES DIVISION NERO LANDSCAPE SERVICES CITY OF FORT COLLINS PO BOX 272377 300 Laporte Avenue FORT COLLINS CO 80527 Building B FORT COLLINS CO 80521 Delivery Date: 02/02/2015 Buyer: DOUG CLAPP Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 Blanket Order 1 LOT LS 100.00 Misc. - Lawn Maint/Snow Remove to cover the cost of miscellaneous lawn maintenance and snow removal at various City locations for fiscal year 2015. All services shall be ordered by City Facilities department only. All completed services must be accompanied by an invoice or job ticket. This purchase order is for the procurement of goods and/or services, as needed during the current fiscal year. Dollar amounts specified are estimates and not a promise to purchase any minimum amount of goods and/or services. 2 Blanket Order 1 LOT LS 2,000.00 Misc. - Lawn Maint/Snow Remove 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 $2,100.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 1. COMMERCIALDEI'AILS. Tax exemptions. By statute the City of Fort Collins is exempt from stain will lam axes. Our Exemption Number is 11. NON WAI V ER. 98-04502. Federal Excise Tax Exemption Carron, of Registry 84-6000587 is registered with the Collector of Failure of the Purchmer to insist upon strip performance of the terms and conditions hereof, failme 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 I. promptly notify the Seller in the ,It of a breach, the accepunce If., payment far goods heremdce or apparent ofthe design, shall mat release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when slopped or due to defects of any of the warranties or obligation of this purchase order and shall not be deemed a waiver of any right of the damage in Recruit, may le retuned b you for credit nod are not to W replaced except upon receipt of won. purchaser to insist For strict performance hereofo, any of its rights or remedies as to any such goods, regardless insinuations Gom the City of Fort Collitaw of whin shipped, received Or accepted, as to any Prior or subsequent default hereundus, nor shall any p r,fi ed am[ nwdifcation or rescission of this purchase Order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fort Collin inspection on anvil. hcrmf. Final Acceptance. Receipt of the memhandise, services Or equipment or mapeme to this order ran result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. woman payment on the put of the City of Fort Collins. However, it is to le understood Out FINAL Seller and the Purchaser recognize that in sand ec is practice, o ercheal resulting tram antimeat ACCEPTANCE nt dependent upon mmpleiou of all applicable required inspection procedures. violations arc in fact home by the Purchaser. Theraeforenfoor good cause suit as mnidmation for executing this purchase order, the Seller hereby assign or the Purchaser any and all claims i, may raw have or hereafter Freight Terms. Shipments mast he F.O.R, City of Fan Collin, IDO Wood Ss, Fort Collin, CO 80522, unless acquired under federal or state amimur Do, for such overcharge relating to the particular good or services otherwise specified on this Order. If permission is given to prepay freight oral oharge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchass order. bill must accompany invoice. Additional charge for Packing will nor be spear d 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacturers have deaributing points in vanon pans of the country, shipment is If be Purchaser difiets the Seller to attract nonconfomning or defective good by a date to be agreed upon by the expected firm the nearest distribution point to destitution, and excess freight will be deducted tram Invoice when Purchnerrand fie Seller, and the Seller thandffer indicates as inability or unwillingness to comply, the Poachers, shipments are made from greater disunce. nay cause the work tole performed by the most expeditions means available to it, and the Seller shall pay all costs associated with such work. Protons. Seller shall procure at sellers said cost all wer,usm, permins, runificates and licames required by all applicable laws, regulations, ordinances and roles of the rote, municipality, ttnmry or political subdivision where The Seller shall rclune the Purchaser and its Mountains of any per from all liability and claims of any nature the work is performed, or required by any other duly consimted public authority having jumsdiction over the work resulting tram the Performance of such work. of scion, Seller further ,as to hold tlm City of pan Collins harmless from and again, all liability and los by ,hem by reamn of tin rescind or established violation of any such laws, regulation, ordinances, miss This release shall apply even in the event of fault of negligence of the party released and shall extend to the serred nit r quiremenu. directors, oficas and employees ofsuch party. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and ampler authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set path and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference Any additional or diBbmnt tmmss and or dilion pm,oaed by seller are cbjreled to and hereby jetted 2. DELIVERY. PLEASE ADVISE PURCHASING AGENTimmediately if you cannot make complete shipment to arrive on your promised delivery alto as noted. Time is of the essence. Delivery and performance must be eReted within the time stated on the purchase order and the documents attached brown, No ants of the Purchasers including, without limitation, acceptance cf partial late delivede, shall operate as a waiver ofthis provision. In the event ofany delay, the Purchaer shall here, in addition la other legal r,t equitable remedies, the option of poops this result elsewhere and holding the Seller liable for damage. However, the Sella shall not be liable for damages n a result of delays due to causes not renonbly for annble which are beyoM its reasonable m,nml and without its faults,, oast or such acts ideal that tasui no ice of a miliury anchorite, govemmmul given tooth fires, swims, Rood, epidemics, warshe note provided the, notice Ike oe the conditions lossaon caning each delay is given to the Purchaser within five (i days of the time winter the Seller fin received knowledge therm!. In the even of any such delay, the date of delivry shall le exleMed for the period alnal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller woman. that all goad, anicla, ma err id, aad work named by this Order will conform with applicable drawings, specification, sampler andlor other description given, will be fit for the Frnrposes invaded, and Pe OMM with the highest degree of care and competence in accordance with accepted standard for work of a similar doure. The Seller agrees to hold the purchaser hmmlcss from any Ins, damage Or expense which the Purchase, may safer m incur an account of the Sellers breach of wamamty. The Seller shall replace, repair or make good, without cost or the purchase, any defects or faults arising within one (I) year or within such longer period of time m may he prescubal by law or by the menu of any applicable wamnty provided by the Seller aDo, the date of acceptance of the good famished beeundcr fi cecpunme not In, wom osmubty delayed), resulting from imperfect or defective work done or materials famished by the Scllcr. Acceptance or use of goads by the Pmchascr shall not mntimm a waiver of any claim under this warranty. Except as otherwise provided inthis purchase order, the Sellers liability hereunder shall extend to all damages pmxinam ely..it by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include lass of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pushover may make changes to legal teams by writer change order 5. CHANGES IN COMMERCIAL. TERMS. The Purchaser nay make any changes to the terns, other than legal terms, including additions to or deletions from the quantities normally ordered in the specification, ar drawings, by verbal ar written clung¢ order. If any Inch change efrees the anmunt due or the time at performance hereunder, an equitable adjustment shall be made 6. TERMINATIONS. The Purchner may at any time by written change order, terminate this agreement as to any or all potions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or matmals then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted potion 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 any goods which tie the Sellers standard stock. No such termination shall relieve the Purebuer or the Seller ofany of their Obligations- Iru any goad delivered hereunder. ]. CLAIMS FOR ADIUSTM ENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered 8. COMPLIANCE WITH LAW. The Sella wrings that rill good sold hereunder shall have been produced, sold delivered and finished is strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documenu n may be required Io dR t or evidence comphsnce. All laws and tegulaton required to be ncmparmal in agreements of this character are hereby incorporated herein by this mfis .e. The Sella agree to indemnify and hold the Purchaser hnmless from all costs and dunagcs sufnal by the Purchaser as a result of Om Sellers failare b comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due m m become she hereunder without the Our mumn coned ofthe order party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchma for all alapmem, malmale, and items famished I. performance of this agreement, free and I., of any and all lien; reamlmom, rescrvatiom, security interest .cumbrances end claims of orders. The Sellers Mauritius I ON gmiona, including warranty, shall not be deemed to be reduced, in any way, because such work is perldnned or caused m be performed by the Purchaser. 14. PATENTS. Whenever the Seller is aN dral b use tiny design, device, material I, pastas covered by lent parent, hademad or copyright, the Seller shall indemnify and six harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process, in connection with the contract, and shall indemnify the PwxhmM for any cost, expense Or damage which it may be obliged to pay by reason ofmch infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any part thereof or the intended use of the good, u in such suit held to contimte abridgement and the use of said equipment or pan is cultural, the Seller shall, at its own expenm and at its option, either procure far the Purchaser the fight to continue using said equipment or pan, replace the same with substantially equal but noninfdngine rquipmem, or modify it s, it becomes approMngag 15. INSOLVENCY. If the Seller shall become nuclear, Or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be, canceled by the Purchases without liability. 16. GOVERNING LAW. The defini,ion ofit. used Or the mose,radwion of the agreement and the rights of all parties hereunder shall Be endued under and govared by the laws ruffle Stale of Colorado, USA. The following Additional Condition apply only in Masi where the Seller is; b perform work hereunder, including the service of Sellers Rcpreenutivc(sh on the premises ofolhers. I). SELLERS RESPONSIBILITY. The Seller shall carry an said work at Sellers own risk mail the more is rally completed and accepted, red shall, in eau of any accident, destruction or injury to the work Indict materials before Seller Grim contrition and acceptance, campla. the work ar Sellds own pxpene and to the satisfaction of the Purchaser. When materials and equipment are famished by others for insulation or erection by the Sella, the Seller stall receive, unload, some and handle sane at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefs, to its employees employed on or in connection with the work covered by this purchase order. andlor to their dependents in accordance with the laws of the sure in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at lair $300,000 for any tine person, $500,000 for any widen and pmpety damage limit per, accident of $400,000. no Seller shall likewise require his contmebrs, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such cenitcams shall specify the time 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 inumnce shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire rcaponsibiloy and liability for any and all damage, loss or injury of any kind or whomever to peton or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Purchaser and any r all of the Purchasers afters, agents and employees from and again, any and all claims, losses, damages, charges or expanse, whether direct or indirect, cad whether to ps rsoms or property to which the Purchaser may le Put or subject by reaon or any act, action, neglect, omission Or default on the pat of the Sella, any of her compactors, or any of the Sellers or maximum ofeni, agents or employees. In case any suit or other proceedings shall le brought against the Purebsser, or its officers, agents Or employees at any time on account or by ream. of any ack anion, neglect, omission Or default of the Sella of any of his contractors or any of its or run oMs., agents or employees as of said, the Seller hereby agrees to assmne the defense thereof and to defend the same at the Sellers own capture. 1. pay any and all cosu, charges, mund,rs fees and other cxpemnses, any end all judgments that may le incurred by or obtained against the Purchases or any of its or their officers, agents Or employees in such suits or other proceedings, and in eau judgment Or other lien be placed upon or Obtained again, the propmy of the Franchises. Or said partie in or as a result mf such suits or other proceedings. the Sella will at are cause the same to le dissolved and discharged by giving hood or othcrvziu. The Sella and his contractors shall take all safety precaution, Ricoh end msull all grads naess d, for the prmmmtion of accidents, comply with all laws and regulation with regard to safety including, but without Iwukgion, the Occupational Safety and Health An of 1970 and all rules and regulation issued pursuant thereto. Revised 07n014