HomeMy WebLinkAbout414759 SWINGLE LAWN TREE & LANDSCAPE CARE - PURCHASE ORDER - 9111578PO
PURCHASE ORDER 911157er Page
City OfCollins
��� 9111578 1 of z
`t ( olI I n C This number must appear
V ` J on all invoices, packing
SUDS and labels.
Date: 03/1612011
Vendor: 414759 Ship To: PARK MAINTENANCE
SWINGLE LAWN TREE & LANDSCAPE CARE CITY OF FORT COLLINS
PO BOX 17248 413 S BRYAN
DENVER Colorado 80217-7248 FORT COLLINS Colorado 80521
Delivery Date: 03/16/2011 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Downtown Pruning 1 LOT LS
PER WORK ORDER 002-2011 SW
2 Downtown Pruning
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO
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
1 LOT LS
5,000.00
4,400.00
Total $9,400.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from .smut and local taxes. Our Exemption Number is
11. NONWAIVER.
99-04502. Federal Excise Tax Exemption Certificate of Registry 94-6000587 is registered with the Collector of
Failure of the Purchaser to insist upon strict performance of the reins and conditions hereof. failure or delay to
Internal Revenue. Denver, Colorado (Rcf. Colorado Rcviwd Statutes 1973. Chapter 39-26, 114 (a).
exercise any rights or remedies provided herein or by law, failure to promptly notify the Scllcr in the event oft
breach, the acceptance ofo payment for goods hereunder or approval ofthc design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
any of the wirmntics or obligations of this purchase order and shall not be deemed a waiver ofany right ofthe
damage in transit, may be renamed to you for credit and arc not to be replaced except upon receipt of written
purchaser to insist upon strict performance hererfur any of its rights or remedies as tarry such goods, regardless
instructions farm the City of Fort Collins.
of when shipped, received or accepted, as to any prior of subsequent default hereunder. nor shall any purported
oral modification or rescission of this purchase order by the Purchaser operate as a waiver ofany of the tcm6
Inspection. GOODS arc subtract to the City of Fort Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of the merthandise, services or equipment in response in this node, can result in
12, ASSIGNMENT OF ANTITRUST CLAIMS.
anthonzed payment on the part of the City of For Collins. However, it is to be understood that FINAL
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from anlitmst
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures,
violations arc in fact home by the Purchaser. Theretofore. for good cause and as consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hercaner
Freight Tears. Shipments must be F.O.B., City of Fort Collins, 700 Wood Sd, Fort Collins, CO 80522. unless
acquired under federal or ;rate antitrust laws for such ovecharges 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 purchaser pursnat to this purchase order.
bill must accompany invoice. Additional charges for packing will not be accepted.
3. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment ix
If the Purchaser directs the Seller to coned nonconforming or defective goods by a date to be agreed upon by the
expected farm the nearest distribution point to destination, and execs,, freight will be deducted from Invoice when
Purchaser and the Scllcr, and the Seller thcrea0cr indicates its inability or unwillingness to comply, the Purchnscr
shipments am made from greater distance.
may cause the work to be performed by the most expeditious means available to it and the Seller shall pay all
costs associated with such work.
Permits. Seller shall proton at sellers sale cost all necessary permits, cenifcacs and licenses required by all
applicable laws, regulations. ordinances and odes of the state, mmnicipaliry, territory or political subdivision where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vender. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances. roles
and requirements.
Authoritarian. All parties to this contract agree that the representatives are. in fact. bona fide and possess fill and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set forth and any supplementary or additional term and conditions annexed hereto or incorporated herein by
reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected.
2. DELIVERY.
PLEASE: ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your
premised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including. without
limitation, acceptance of partial late deliveries, shall operate as a waiver of this prevision. In the event ofany delay,
the Purchaser 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 Scllcr shall not be liable for damages as a result of delays
due to causes not reasonably foreseeable which arc beyond its reasonable control and without its f tlt ofncgiigence.
such acts of God nets ofcivil or military authorities. governmental priorities, fires, strikes, flood, epidemics, wars or
rinds provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof. In the event ofany such delay, the date of delivery shall be
extended for the period equal to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
dmwmJp;. specifications. simples and/or other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of cam and compeacmcc in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold the purhhaser hamleSS from any loss, damage or expense which the
purchaser may suffer or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost to the purchaser. anv defects or faults arising within one (1) year or within such longer period of
time as may be proscribed by law or by the rooms of any applicable warranty provided by the Sellerafter the date of
acceptance ofthe goods famished hereunder (acceptance not to be unreasonably delayed). resulting from imperfect
or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Pumhascr shall not
constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing warnair cs
or guarantees, but such liability shall in no event include loss of profit, or loss of usc. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by w7 mcn change order.
5. CHANCES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms. other than legal terms, including additions to or deletions from
the quantities originally ordered in the specifications or drawing. by verbal or wrimen change order. If any such
change affects the amount due or the time ofperformance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Punhascr may at any time by writen change order, terminate this agreement as to any or ill portions of the
good then not shipped, subject to any equitable adjustment hetoxen the parties as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits rat the uncompleted
portion of the good and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to anv good which arc the Sellers standard stock. No such termination shall relieve
the Purchaser ar the Seller ofany of their obligations as to any goods delivered hercundcr.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is
ordered.
R. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict
compliance with all applicable laws and regulations to which the goods, arc subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to he
incorporated in agreements of this character arc hereby incorporated hcrcin by this reference. The SCIICr agrcC5 to
indemnify and hold the Purchaser hamiless from all costsand damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder withoul the
prior written consent of the other party.
HY TITLE.
The Seller warnntx full. clear and unrestricted title to the Purchnscr for all equipment, materials, and items famished
in performance of this agreement. free and clear of any and all liens. restrictions, reservations, security interest
encumbrances and claims of others
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature
resulting farm 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, officers and employees ofsuch party.
The Scllcr'., eontmchnl obligations, including wnrmnty, shall not he deemed to be reduced, in any way, bcenose
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by Icier, patent, trademark
or copyright, the Seller shall indemnify and save harmless the Pu¢hascr farm any and all claims for infringement
by reronn of the use of such patented design, device, material or process in connection with the contract, and
shall indemnify the Purchaser for any cost, expense or damage which it may he obliged to pay by reason ofsuch
infringement at any time during the pmsecUl on or after the completion of tuc work. In case said equipment. or
any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of
said equipment or part 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 parts, replace the same with substantially equal but
noninfringing equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an nssignmem for the benefit of creditors, appoint a
receiver or trustee for any of the Scllcr; property or business, this order may forthwith be canceled by the
Purchaser without liability.
Ifi. GOVERNING LAW.
The definitions oftcrrre used or the interprctntion oflhe agreement and the rights of all panics hereunder shill be
construed under and governed by the laws of the State of Colondo, USA.
The following Additional Conditions apply only in eases where the Seller is to perform work hereunder.
including the services of Scllcrs Rcprescntative(s), on the premises of others,
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's turn 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 Scllcrs final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction ofthe Purchaser. When materials
and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload.
stare and handle same at the site and become responsible fl orefor as though such materials and/or equipment
were being Famished by the Seller tinder the order.
Ifi. INSURANCE.
The Sellershall. at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, 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 cony comprehensive general liability including, but not limited to. contractual and mormohile public
liability insurance with bodily injury and death limits of at least S300.000 for any one person, S500.000 for any
one accident and property damage limit per accident of S400.000. The Seller shall likewise require his
contractors, if any, to provide for such compensation and insurance Before any of the Scllcrs or his contractors
employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate
that such compensation and insmmmm, have been provided. Such certificates shall specify the date when such
compensation and insurance have been pmvided. Such cenifiemes shall specify the date when such compensation
and insurance expires The Seller agrees that neh compensation and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage loss or injury ofany kind
or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in
this purclmse 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 farm and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property to which the Pumbrocr may
be put or subject by reason of any act action, neglect, omission or default on the pan of the Seller, anv of his
contractors, or any of the Scllcrs or contractors officers, agents or employees. In case any snit or other
proceedings shall be brought against the Purchaser, or its otliccrs, agents or employees at any time on account or
by, reason of any act action, neglect, omission or defioll of the Scllcr of any of his contractors or any of its or
their officers, agents or employees as al6resnid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, in pay any and all costs, charges. attorneys fees and other expenses.
any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their effects.
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property ofthc Purchaser or said panics in or as a result of such suits or other proceedings,
the Seller will rat once cause the saute to be dissolved and discharged by giving bond or othcovisc. The Seller and
his contrnemrs shall take nll safety precmntims, famish and install all gtmrds necessary for the prevention of
accidents, comply with all Imes and regulations with regard to safery including. but without limitation, the
Occupational Safety and I lealth Act of 1970 and all rules and regulations issued personal thereon.
Revised 03/2010