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HomeMy WebLinkAbout414759 SWINGLE LAWN TREE & LANDSCAPE CARE - PURCHASE ORDER - 9141275City of �Fo_rt Collins Date: 02/27/2014 PURCHASE ORDER PO Number Page 9141275 1of2 This number must appear on all invoices, packing sli s and labels. Vendor: 414759 Ship To: PARK MAINTENANCE SWINGLE LAWN TREE & LANDSCAPE CARE CITY OF FORT COLLINS PO BOX 17248 413 S BRYAN DENVER CO 80217-7248 FORT COLLINS CO 80521 Delivery Date: 02/26/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 40 hours of tree work 1 LOT LS PER WORK ORDER NUMBER 001-2014 SWT 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 12,720.00 Total $12,720.00 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 Fan Collins is exempt from mute and local boxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000582 is registered with the Collator of humaddl Revertant, Denver, Colorado (Ref. Colorado Revised Spines 1973, Chapter 39-26, 114 (a). Goods ft jested. GOODS REJECTED due to failure to From specifications, either when shipped or due m defects of damage in tramit may M roamed to you for credit and are not to be, replaced except upon rteipt of women instructions firm the City ti Fon Collins. Inspection. GOODS arc sit an the Cry ofFon Collins fnspection on arrival. Final Acceptance. Receipt of the nowelardise, sm of eq.,. in response to this order wa result in authorised payment oa the pan of the City of Fan Collins. However, it is m h understood that FINAL ACCEPTANCE 6 dependent upon completion are[[ applicable tequireJ inspection pavements. Freight Tarots. Shipments must be F.O.R., City of Fort Collins, 700 Wood St., Fan Collins, CO 80522, unless othetwiu specified on this aNer. If permission is given to prepay freight and chmge sepemtely, the anginal freight bill must accompany invoice. AJditiowl charges for packing will not be accepted. Shipment Douuace. When innmdacmrers have dishouting paints in vs, w pans .['five country, shipment is expeged from the nearest distribution point to destination, and excess freight will be deducted Onto Insuice when shipments are made fmm greater distance. I L NON WAIV ER. Failure of the Publ aser to insist upon strict brimar antt of the terms surd conditions hereof, failure or delay m xany rights or reedies provide . or by best by law, failure asprompdy notify the Sella in me event of a babsel,em the saweptmre afar payment for goods hereuMer or approval arrive design, shell not release the Seller of any of the warranties or obligations of this purchase order and shall rot be deemed a waiver of any right of me purchaser an insist upon sere, performance hereofer any of its rights or remedies as Ins any such gooks, regardless of when slapped, received or accepted, as to any prior or subsequent default hereunder, nor shall any performed oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the trams, hereof. 12, ASSIGNMENT OF ANTITRUST CLAIMS. Seller, and the Purchaser mer,com that in actual a prac is tice, o Mtin crcrges notilmg from anun violations arc in fact home by the Purchaser. Theremfarenfor good came and ax consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hermficr acquired under federal or site animas laws for such overcharges relating to the particular grads or services purchased or acquired by me Purchaser pursuant to this purchase order. 13. PURCI IASF.RS PERFORMANCE OF SELLERS OBLIGN'IONS. Ifthe Purchaser directs the Seller to correct nonconforming or defective grads by a dam it, be agreed upon by the Purchaser and the Seller, and the Seller theren0er indicates its inability or unwillingness to comply, the Purchaser may nurse the work m be performed by the most expeditious means available to it, and the Seller shall pay all ousts tuxuru ed with such work. Permits. Seller shall procure at sellers sale cast all accessary pe.it,, on-i&ate, and licenses oalpired by all applicable laws, regulations, ordinances and rules ofthe slam, municipality, territory or political subdivision where ,he work is performed, or required by any Other duly constimtedpublic authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless form and against all liability and dos urrN by them by reaon of on aswred or established violation of any such laws, regulations, ordinances, roles and ox tacromb. Authmix.tan. All parties to this commet agree dal the represenutives are, in facl, bow fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits aerepunme to the terms and conditions speed herein set forth and any supplementary, or additional lama and conditions arri herem or immi opted herein by reference. Any additional or different erms and condumiss proposed by caller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery dam in nmed. Time is of the essence. Delivery and performance most be eRmted within the time staled on the purchase order and me documents attached herelo. No acts of the Purchasers including, without limitation, accepmnm of partial late deliveries, shall operate as a waiter of this provision. In the even, fany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding IM1e Seller liable for darm as. I lowever, the Seller shall or be liable for damages as a resin, of delays due an emus na, reasonably foresaable which are beyond its reasonable exualml and without its foul, of negligence, such acts of God, acts of civil or militury autboritiu, govemmenlal priorities, fires, vardes, flood, epidemics, wars or fiats provided that notice of the conditions causing such delay o given m the Purchaser within live (5) days of the time when the Seller first received knowledge ,hereof In the event of any such delay, the date of delivery shall be extended far the period Out to the time .,rally Ins, by at of the delay. 3. WARRANTY. The Seller comma, that ell gads, articles, materials and work covered by this ender will conform wish applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes it ded, and performed with the highest degree of care and competence in accoNwce with accepted standards for work of a -milar Future. The Seller agrees ten hold the anchor, harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall rcplwe, repair a, make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time in may be prescribed by law or by the terms of any applicable warranty provided by the Seller alter the date of acceptance of the goods fumlshed hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of good by the Purehnstt shall not eonstimte a waiver of any claim under this warranty. Except w otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the branch of any of the foregoing warranties an guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tams by wrimen change am- S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the moms, aNer man legal ¢ran, including additions to or deletions from the gnamitims originally ordered in the specifications or drawings, by verbal or written change aide, If any such change offects the amount due or the time of perfommnce hereunder, an equitable adjmament shall h made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate Nis agreement as to any or all portions of the goods then at shipped, subject to any equitable ad ca med be.. the panics as to any work or material then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods am/or work, for incidental or consegoentlal damages, and that no such adjustment be made in favor of the Seller, with respect to any and, whieb are the Sellers standard stack. No such teradm Lion shall relieve the Purchaser or the Seller of any of their obligations as m any goods delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment as, be asserted within ffimy (30) days firm the data the chmtge or termination is ordered. 8. COMPLIANCE W ITII LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and fimal al in stria, compliance with all applicable laws and regulations an which the put are subject. The Sella shall execme end deliver such datanents OF may be required to effect m evidence compliance. All laws and regulations required to the incorporated in agreements of this character are hereby hteorpomted herein by this reference. The Seller agrees an indemnify and hold the Pmrchaser harmless from all costs and shanag. sufficed by the Purchaser ss a resuh of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither patty shall assign, tmnsfcr, or convey this order, or any movies due or to berame due herettMer without the pairs women consent of me other parry. 10. TITLE. The Seller warrants full, clear and tuuesnined title to the Purchaser far, ell equipment materials, and it. rumishei in performance of this agreement fro and clear of my aM all liens, restrictions, reservations, annuity interest encumbmmm and claims of Others. 9'he Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any name resulting from the performance fsuch work. This mloase shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees fsuch party. The Sellcrs contmcand obligations, including warmly, shall not IN dccmed to be reduced, in any any, became such work is performed or caused w be pert nl by the Purchaser. 14. PATENTS. Wburt the Seller u territorial m use any design, device, mammal or process covered by lime, parent trademark r cop5'oght the Seller shall indemnify and save hatmlms the Purchaser from any and all claims fro infringement by reason of the use of such patemed design, Mitt, material or process in connection with the contract and shall indemnify the Purchaser for any cost, expertise or damage which it may be obliged to pay by reason of such infringement at any time during the prosmution or after the completion of the work. In cats said apartment or any pan thereof or the intended use of the goad, is in such suit held to contribute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and in its option, either procure fro the Purchaser the right m continue using said equipment or pans, replace the same with substantially appal but matinGnghtg equipment or modify it wit becomes noninfnnging 15. INSOLVENCY. If the Seller shall become insolvent 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 didlanion5 arm. used or the interpre,mian of the agrcnttent and the rights of all parties hereunder shall be ambr ed under and govemed by the laws ofilm State of Colorado, USA. The following Additional Conditions apply only in re where the Seller is to perform work heunder, including the services of Sellers Raresentitive(s), on thecases premises ofo,hm. IZ SELLERS RESPONSIBILITY. The Seller shall cony on said work at Sellers own risk until the same is fully completed and accepted, and shall, in case of any accident cimmation or injury to the work amVor materials before Sellers final completion and acceptance, complete the work in Sellers own expense and to the satisfaction of the Purchaser. linen numerous and agair. are furnished by orders far installmion or emotion by me Sellea the Seller shall receive, unload, ,,am and handle same at the sire and become responsible therefor as though such mmerials Front., ttluipmm, were being famished by me Seller under me order. 18. INSURANCE. The Seller shall, at his awn expense, provide fro me paMen, of warkem compensation, including oecupational disease benefits, to ids employees employed on or in connection with the work covered by this putcb raw order, Auditor to then deperWmis in accordance with the laws of me state in which the work is m be done. The Seller shall also carry comprehensive general liability including, but not limited to, commercial and aummobile public liability imur , with bodily injury and dears limits of n, least $300,000 for any are person, S500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise obtain, his contractor, if any, to provide for such compensation and insurance. Before any writhe Sellers or his contractors employees shall do any work upon me premises of others, the Seller shall famish me Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify me date when such compensation and insurance have been provided. Such certificates shall specify, me date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be mairmined until Ater the entire work is completed and accv ded. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire respansibil ity and liability far any rand all damage, loss Or injury Of any kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in ,his purchase Omer or in connection herewith. The Seller will indemnify and hold fiomdess the Purchaser and any r all of he Purchase. officers, agents end employees firm and against any and all claims, larma, damages, charges or expenses, whether direct or indirect, and whether to persons or properly m which me Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, err any of me 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 reasoo of any act, action, neglect, omission or default of the Seller of any Of his contractors many of its or their officers, agents or employees as aforesaid, me Sella hereby agree m assume the defense thereof and to defend me same at the Sellers own expense, so pay any and all costs, clutges, attorneys fees and other expereas, any and all judgments that may ht incurred by or obtained against Om Purchaser or my of its or thew officers, agents or cmployas in such suits or other proceedings, Fond in wse judgment or other Jim be placed upon or mountain agmars, the property of the Purchaser, or said pities in or as a result m such snits or arse, proceedings, the Seller will a, ontt cause the same so be dissolved and dischorged by giving bond or offs... The Seller and his comet hors shall age all safety precautions, furnish turd instill all guards na as err, for me prevention of accidents, comply with all laws and regulations with regard to safety including, but without limiaton, the Occupational Safety and Health Act of 1970 and all ales and regulations issued pursuant tberem. Revised 03,2010