HomeMy WebLinkAbout414759 SWINGLE LAWN TREE & LANDSCAPE CARE - PURCHASE ORDER - 9141884Fort Collins
Date: 04/03/2014
PURCHASE ORDER
PO Number Page
9141884 1012
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: 04/03/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
I Block Pruning 1 LOT LS
PER WORK ORDER 002-2014 SWTC
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
51,007.32
Total $51,007.32
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. COMMERCIA6 DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local Luxes. Our Exemption Number is
11. NON WAIVER.
98-64502, Federal Excise Tax Exemption Certificate of Registry 84-6000599 is registered with the Collector of
Failure oFlhe Purchaser to insist upon strict performance ofine terms and conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
exercise my 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 ofNe design, shall not release the Seller of
GO.& Rejected. GOODS REJECTED due to failure as meet specifications, either when shipped or due to defects of
any of the warranties or obligations of this purchase orM and shall not be deemed a waiver of any, right of the
damage in transit, may be reamned to you for credit and are not to be replaced except upon receipt of written
purchase( I. insist upon strict performance hemlf or any of its rights or remedies as to any such goods, regardless
cognitions film the City carport Collins.
of when shipped, received or accepted, se to any prior or investment default hereunder, nor she[] any pumoned
oral modification or rescission of this purchase order by the Pmebecw operate us a waiver of any of the terms
Imagination. GOODS art subject to the City of Fell Collins inspection on active].
thereof.
Final Acceptance. Receipt of me merchandise, mariessor equipment in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the part of the City of PonCollins. However, it is to be, understood that FINAL
Seller and the Purchaser recognize that in actual economic practice, Overcharges resulting from antitrust
ACCEPTANCE Isdaperidentupancacepletionofall applicablempaired inspection warrants.
violations art in fact home by the Piahmer. Therebfore, for good cause and as romi&.,.. for executing this
purchase older, the Seller hereby assigns to the Purchaser any and all claims it may now, have or hereafter
Freight Terns. Shipments most ba F.O.B., City of Fall Collins, 700 Wool St, Fort Collins, CO 80522, unless
otherwise specified on this order, If permission is given to prepay freight and charge separately. the original fight
bill most accompany invoice. Additional charges for packing will runt he accepted.
Shipowner Distance. Where manufacturers have distributing points in various pans of the country, shipment is
expected faro the nearest distribution paint he dentirution, and excess freight will he deductrd from Invoice when
shipments are made film gums disunce.
Permits. Seller shall procure at sellers sole cool all necesary, pnmits, mainframe; and Iicanam minimal by all
applicable laws, regulationi, ordinances and males of the stale, municipality, territory or political subdivision where
me work is performed, or minced by any omen duly cmatimted public amhedty, having jurisdinion over the work
of vendor. Seller mnher agues to held ON City of Fort Collins harmless from and against all liability end dos
anted by mein by . are. asserted or established vlolalm. or my such laws, reparation, ordinances, males
and requirements.
Andamention. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This purchase Orden expressly limits accepornre re the tams arrd conditions sited
herein set fields and any supplementary w additional terms and mndiaiom am¢xed him. or incorporated herd. by
reference. Any additional or different teas and conditions proposed by seller am objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASRRG AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date as noted. Time is of the essence. Delivery and performance mutt he eRected within the time
stated on the purchase order and the documents attached human. No acts of the Purchasers including, without
limitation, acceptance infrared late deliveries, shall operate as a waiver of this provision. In the event of any dairy,
the Purchaser shall have, in addition to other legal and equitable remadies, the option ofplacing this order elsewhere
and holding me Seller liable for damages. Howevea Ne Seller shall not be liable for damages e a emnll of delays
due to moves not reasonably foreseeable which au beyond its reasonable control and without its fault of negligence,
such ants of God, acts cloaca we military authorities, governmental pnonries, fires, ardes. Rand, epidemics, wars err
riots provided that vatic, of the conditiom 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 he
extended for the period equal m me time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, ertides, materials and work covered by this order will conform with applicable
drawings, spceificatioe, samples andor other descriptions given, will he fit for the purposes intended, and
perforated with me highest degree of cart and compliance in accordance with accepted sundarL for work of a
similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may suffer or incur on acrowl of me Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost to the purchaser, any defects or fouls arising within one (1) year or within such longer period of
time as may be presrnhd by law or by the terms of my applicable warranty provided by the Seller after the date of
acceptance of the goods famished hereunder (acceptance not to be, unrawa rubly delayed), resulting film imperfect
or defective work done or materials burnished by the Seller. Acceptance or use of goods by the Purchaer shall not
constitute a waiver of my claim under this warranty. Except as otherwise provided in this purchase older, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or 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 Purchases may make changes ao legal terms by written change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaver may make any changes to the terms, caber than legal time, including additions m or deletions from
Be quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such
change aborts the amount due or the time of performance hereunder, an egtr able mdustment shall be male.
6. TERMINATIONS.
The Puchaser may at any time by written change order, terminate this agreement as to any or all portions of the
goods then not shipped, subject m any equitable adjustment between the parties as to any work or materials then in
progress provided that me Pumhmer shall not be Enble for any claims for anticipated profs on the uncompleted
portion ofthe goods anctor work, for incidental or consequential damage, and that no such adjustment be made in
favor ofthe Seller with respect many goods which are the Sellers standard stock. No such termination shall relieve
me Purchaser of the Seller of any of weir obligations as many goods delivered hereunder.
T CLAIMS FOR ADJUSTMENT.
Any claim for adjutmem must be asserted within thirty (30) days firm the dam the change Or lermiwtion is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants mat all goads sold hereunder shall have been produced, sold, delivered and published in stria
compliance with all applicable laws and regulations in which the goods are subject. The Seller shall execute and
deliver such documents as may he required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreemens of Ws character art heerby incorporated herein by Nis reference. The Seller agrees to
indemnify and hold the Purthrear harmless form all costs and damages sulidmf by the Purchaser as...I, of me
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall resign, number, or convey this order, or any monies due of to become due hereunder without the
plan written consent ofthe other pasty.
10. TITLE.
The Seller count full, clew will uomtricted title to the Ambrosia for all equipment, mmeriall, and items f ished
in performance of this agreement, f aM clew of any and .11 diem, rasuictiwou eesmwioma, accuracy inherent
arcumbrartces and claims ofothers.
acquired under Radical or stain antitrust fauna for such overcharges relaivg to me particular goods or services
purchased w ac,mmil by the Purchaser pursuant to this purchase older.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective goods by a date an be agreed upon by the
Purchaser arm the Seller, and the Seller thereafter indicmes itswindily wunwillingness a comply, the Prohns.fir
may cause the work to be pew aural by the .1 expeditious means wi ilabli, to it, it the Seller shall pay all
casts usociatN with such work.
The Seller shall release the Puchaser and its cons erwas of my tier farm all liability and claims of my matte
Mulling fun thin perfoemance, of such work.
This release shall apply even in the event of fault of negligence of the Parry released and shall extend b the
directors, officers and employees ofsuch parry.
The grilles contextual obligations, including w manly, shall runt he deeoM to he reamad, in any way, because
such work is perfomtad or caused to x performed by the Purchaser.
14. PATENTS.
Whenever Ne Sell. is around or use any design, device, material or p. coverad by letter, patent trademark
or copyright, are Sella shall indemnify and save homeless the Purchaser farm any and all claims for infringement
by season of the use of such patented design, device, material or process in connection wild the contract, and
shall indemnify me Purchaser fir any cost, expense or damage which it may c obli,W to pay by reason Of well
inGngement at any time during the prosecution or after the completion of the work. In case said equipment, or
any pan thereof or the intended twe of the goods, is in such suit Feld m constitute infringement and the use of
said ryuipment or pan is enjoined, the Seller shall, at its own expense old at its option, either pmcme for the
Purchaser the light to continue using said equipment or pots, replace the same wild substantially equal but
comminuting equipment, or modify it se it becomes noninfnaging_
I SANSOLVENCY.
If me Seller shall become insolvent m hankmpt, range an assignment for the benefit of creditors, appoint a
mociver or tmsm, for any of the Sellers property or brunet ss, this Order Only foMwith be canceled by the
Purchaser, without liability.
16. GOVERNING LAW.
The Jefnitiom ofix. coed or the imespretation of the agreement and the lights ofa11 parties hmeundm shall be
comamed under and govemed by the laws ofthe State of Colorado, USA.
The following Additional Conditions apply only in cases where me Seller is be perform work hereunder,
including as, services, of Sellers RepresenativeD), on the ptemism trainers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk until me scene is fully rVirmh rd and accepted, and shall,
in u of any accident, destruction or injury to the work and/or materials before Seile(s final completion and
acceptance, complete the work at Seller's own expense and be the satisfaction of the Purchaser. When materials
and equipment au burnished by others for installation or erection by me Seller, the Seller shall receive, unload,
stare and handle same at the site and become responsible therefor in though such materials andlor equipment
were being burnished by the Seller undo the order.
18. INSURANCE.
The Sella 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 me work covered by this purchase order,
and/or to their dependents in accordance with the laws of the sate in which me work is to be done. The Seller
shall also carry comprehensive gearm] liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of as least 5300,000 for any one person, 5500,0(10 for any
one accident and property damage limit per accident of 900,000. The Seller shall likewise Maine 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 of others, the Seller shall fumieh me Purchaser with a certificate
that such compensation and ins a have been provided. Such cenifmtes shall specify the date when such
ompenmtion and calorimeter, 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 after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire rasp usibility and liability for any and all damage, loss or injury of any kind
r nature wha serVer m persons or property caused by or resulting from me execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
r all of the Ptrame rs officers, agents and employees from end against my and all claims, Imses, damages,
charges or e,�pemes, whether direct or indirect, and whether to persons Or property to which the Purchaser may
be put or subject by reason of any not, action, neglect, omission car default on Ne part of the Sella, 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 me Seller of any of his contractors or any of is or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, to pay any and all casts, charges, a mrys fees and other expenses,
any and all judgments Nat may be incurtad by or obtained agaimr the Pmchmw or any of is or men Officers,
agents or employees in such suits or other proceedings, and in eau judgment or other lien he placed upon or
ob ficad against the pmpmy ofthe Pe rehauq or said parties in or m a result ofsuch suits in other proceedings,
the Seller will at once cause the same in he dissolved and discharged bygiving bond or otherwise. The Seller and
his contractors shall take all safety precautions. Finish and instill all guards reamessay f the formation of
accidents, comply with all laws and regulations with regard to safety including, but without tormar m, the
Occupaticaal Safety and Heatm Act of 1970 and all males grad regulation issued pursuant mereto.
Revised O3=0