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HomeMy WebLinkAbout414759 SWINGLE LAWN TREE & LANDSCAPE CARE - PURCHASE ORDER - 9116556Fort of PURCHASE ORDER PO Number I Page 9116556 1of2 This number must appear on all invoices, packing slips and labels. Date: 11 /01 /2011 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 I Delivery Date: 11/01/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Pruning/Removal Work Storm Damage from 10/26 Storm PER WORK ORDER 004-2011 SW 511E-_ •� W City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fogov.com 1 LOT LS 47,600.00 Total $47 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt than state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry FA-6000587 is registered with the Collector of Internal Revenue. Denver. Colorado (Ref Colorado Revised Statutes 1973, Chapter 19--26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit may be returned to you for credit and are not to be replaced except upon receipt of written instructions fmm the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict perfrirnanec of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthc design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless 0f when shipped. received or accepted, as to any 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 ol'the terms hcrcof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However. it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice overcharges resulting from antitmst ACCEPTANCE is dependent upon completion ofall applicable acquired inspection procedures. violations are 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 hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Woad St., Fort Collins, CO 90522. 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 Purchaser pursuant to this purchase order. bill must accompany invoice Additional charges for packing will not be accepted. IJ. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is Ifthe Purchaser directs the Scller to correct nonconforming or defective goods by a date to be agreed upon by the expected fmm the unrest distribution point to destination, and excess freight will be deducted fmm Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or uawillingncss to comply, the Purchaser shipments arc made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Scller shall pay all costs associated with such work. Permits. Seller shall Fortune at sellers sole cost all necessary permits, ecnificaus and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Sella further agrees to hold the City of Fort Collins harmkms from and against all liability and loss incurred by them by reason of an asserted or established violation ofany such laws, regulations, ordinances, mles and requirements. Authorization. All panics to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set frith and any supplementary or additional temp and conditions nanexcd hereto or incorporated herein by reference. Any additional or different terns and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is of the 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 provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Sellashall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable eontml and without its fault ofnegligence, such acts of God, acts ofcivil or military authorities. governmental priorities, fires, strikes. Bond, epidemics, wars or riots 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 of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 7. WARRANTY. The Seiler warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will he fit for the purposes 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 the purchaser harmless from any loss, damage or expense which the Purehascr may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make grind, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer pedal of time as may be prescribed by law or by the terms ofany applicable warranty provided by the Seiler a0cr the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seiler. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim undo this warranty. Except at otherwise provided in this purchase order, the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach of any ofthe foregoing mananties or guarantee, but such liability shall in no event include loss ofpmfits or loss ofuse. 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 written 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 from the quantities originally ordered in the specifications or drawings. by verbal or written change order. If any such change affects the amount due orthe time ofperformance hereunder, an equitable adjustmmnt shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order. common: this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted ponion of the gads 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 arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjutment most be assmcd within thirty (70) days fmm the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished 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 be incorporated in agreements of this character are hereby incorporated herein by this rcfercnce. The Sella agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser is a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, resenations, 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 from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors. Officers and employees ofsuch party. The Scllers command obligations, including wnmmty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purclat cr. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright the Seller shall indemnify and save harmless the Purchaser form any and all claims for infringement by reason of the use of such patented design, device, material or p ncees in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by mason ofsuch infringement at any time during the prosecution or after the completion of the 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 pan is enjoined, the Seller shall, at its own expense and at its option, either pmeurc for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringmg, 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assi(,mment for the benefit of action, appoint a receiver or trustee for any of the Sellers Property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftemms used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be construed under and governed by the loses of the State of Colamdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(s). on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Sellers men 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 Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by others for installation or erection by the Seller, the Scller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Scller under the Order. 18. INSURANCE. The Seller shall, 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 carry comprehensive general liability including, but not limited to, contractual and automobile public liability insomnee with bodily injury and death limits of at least 5100.000 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 Sellers or his contractors employees shall do any work upon the pro nmises Of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such catificntes shall specify the date when such compensation and insurance have been pmvidcd. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until aficr the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDEN"fS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind m nature whatsoever to persons or pmpery, caused by or resulting fmm the execution ofthe work provided for in this purchase order or in connection herewith. The Seiler will indemnify and hold hmmlcss the Purchaser and any or all of the Purchasers effects. agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirecl. and whether to persons or property to which the Purchaser may be put or subject by reason of any act action. neglect, omission or default on the pan of the Scller, any of his contractors, or any of the Sellers or contractors officers. agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason Of any act, action, neglect omission or default of the Seller of any of his contractors or any of its Or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the some at the Sellers own expense, to 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 officers. agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said panics in or as a result ofsuch suits or other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, fhmish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety, including, but without limitation, the Occupational Safety and Health Act of 1970 and nil mles and regulations issued pursuant thereto. Revised 03/2010