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HomeMy WebLinkAbout414759 SWINGLE LAWN TREE & LANDSCAPE CARE - PURCHASE ORDER - 9117568PURCHASE ORDER PONumber8 Page City of PURCHASE 9117568 1 of z ' `tChis number must appear ` Collins1 1�7 on all invoices, packing slips and labels. Date: 12/21/2011 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 Delivery Date: 12/21/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Hourly pruning and removal Storm Damaged Trees PER WORK ORDER 005-2011-SW City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $500D 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 67,200.00 Total 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 same the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER, 98-0W502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Fnilute of the Purchnrer to insist upon strict pafomanec of the terms and conditions hereof, 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 Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Sell let of Goods Rejected, GOODS REJECTED due to failure m meet specificitiom, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and are not to be replaced except neon receipt of written purchaser to insist upon strict performance hereof or anv of its rights or remedies as to any such goods, regardless instructions from the City of Fon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any pomortcd oml modification 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 Collins inspection on arrival. hereof. 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 antimst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations arc in fact borne by the Purchascr. Theretofore, for good cause and as considcmtion for executing this purchase oiler. the Seller hereby assigns to the Purchaser any and all claims it may now have or hercaner Freight Terms. Shipments most be F.O.B., City of Fort Collins. 700 Wood St.. Fart 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 most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is Ifthe Purchaser dircms the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Scllcr, sad the Seller thereofier indicates its inability or unwillingness to comply. the Purchaser shipments are 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 procure at sellers sole cost all necessary permits. certificates 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. Seller further agrees to hold the City of Port Collins harmless farm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws. regulations. ordinances, rules and requirements. Authorization. All panics to this contract agree that the representatives arc, in fact, bona fide and possess Full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase, Order expressly limits acceptance m the tem $ and conditions stated herein set tomb and any supplementary or additional tem % and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller arc objected mind hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised 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 ofpanial late deliveries, shall operate as a waiver of this pmvision. 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 Seller 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 fault of negligence, such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, Bond, cpi dam us, 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 mosived knowledge thereof. I 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. 3. WARRANTY. The Seller 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 purpo<cs intended, and perfomed 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 hamlets from tiny loss, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of wamnty. The Seller shall replace, repair or mike good, without cost to the purchaser. any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law orby the terms ofany applicable warranty provided by the Seller mor the date of acceptance ofthe goods furnished hereunder (acceptance not to be unrcasonahly delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver fany claim under this w'amnty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of Poe lorcgoing wamntics or guarantees, but such liability shall in no event include lass of pmfts or loss ofuse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchascr may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL. TERMS. The Purchascr 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 venial or written change order. If any such chance affects the amount due or the time ofperformaicc hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, .subject to tiny equitable adjustment between the panics as to any work or materials then in pmgrcss provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, far ineidenml or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard .stock. No such temuination 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 adjustment must be assured within thirty 130) days from the date the change or dmination is ordered. 8. 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 Scllcr shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations terminal to be incorporated in agreements of this ehmadcr arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such Inv. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become disc hereunder without the prior written consent ofthe other parry. 10. TITLE. The Seller wmmats full. clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, rescr:ations, .security interest cncumbmnecs and claims ofothcrs. The Seller shall release the Purchaser and its contractors of any for 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 party released and shall extend to the directors, officers and employees ofsuch party. The Seller'., emurnetual obligations, including warranty. shall not be doomed to be reduced, in any way, hecmrsc such work is perforated or caused to be perfumed by the Purchaser. 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 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 Purchaser for any cost, expense or damage which it mev be obliged to pay by reason nfsuch infringement at any time during the prosecution or alter the completion o(the work. In case said equipment, or any part 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 oat expense and at its option. either process, for the Purchaser the right to continue using mid equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes oonin0inging. 15. INSOLVENCY. If the Seller shall become insolvem 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 Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be construct] underand governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Reprcscmative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own 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 Sellers final completion and ,acceptance, complete the work at Seller's on expense and to the satisfaction of the Purchases When materials and equipment arc furnished by others for installation or erection by the Seller, the Seller shall receive. unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Scllcr 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 Inns ofthe 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 insurance with hodily injury and death limits ofin least 5300,000 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 premises ofothers, the Seller shall famish the Purchaser with a cerificatc that such compensation and insurance lace been provided. Such certificates shall specify the date when such enmpensalinn 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 a0cr the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller herchy assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or name whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hornless the Purchaser and any or all of the Purehascm officers. agents and employees from and against any and all claims. loses, damages, charges or expenses. whether direct or indirect, 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 Scllcr, any of his contractors. or any of the Sellers or contractors officers, agents or employees. In case any snit or other proceedings shall be brought against the Purchaser, or its offtcets, 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 wine 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 ofthe Purchaser, or said panics in or as a resdt otsuch suits or other proceedings. the Seller will at once cause the cants to be dissolved and discharged by giving bond or otherwise The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all Inws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all sales and regulations issued pursuant thercto. Revised W/2010