HomeMy WebLinkAbout414759 SWINGLE LAWN TREE & LANDSCAPE CARE - PURCHASE ORDER - 9146069PURCHASE ORDER PO Number Page
City, of PURCHASE
9146069 1 of 2
' `t Collins
lies This number must appear
` V ` on all invoices, packing
sli s and labels.
Date: 10/20/2014
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: 10/20/2014 Buyer: WILSON, JILL
Note: Per Terms and Conditions of contract #7375 Holiday Lighting.
Line Description Quantity UOM Unit Price Extended
Ordered Price
Annual Holiday Lighting 1 LOT LS 105,000.00
Per contract 7375
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
Total
Pay terms net 30 days
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. CONAN ERCIAL DETAILS.
Tax exemptions By statute the City of Fort Collins is exempt Now state and local taxes. Our Exemption Number is
ILNONWAIVER.
98-04502, Federal Excise Tax Exemption Cenificae of Registry 84-6000587 is registered with the Collector of
Failure of the Purchaser to insist upon strict palwarmarric of the terms and conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Swtums 1993, Chapter 39-26, 114 (a).
exercise any rights or mercies provided herein or by law, failure to promptly notify the Sella in the event of a
breach, the acceptance of or payment for goods hereanda or approval offe 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 waorantim or obligations of this purchase mrda and shall not be deemed a waiver of any right of the
damage in transit, may be resumed to you for credit and are not to be, replaced except upon receipt of woven
purchase to insist upon strict Performance hereofor any of its rights in remedies as to my such good, regardless
undrwrions from the Ciry, of Fort Collins.
of whoa shipped, received or mcepted, or m my prior or subsequent default hereunder, nor shall any purported
oral malification or rescission of this purchase order by the Pmchmer opemte as a waiver of any of the tams
Inspection. GOODS art subject to the City of Fort Collins inspection on rival.
bertof.
Final Acceptance. Receipt of the merchandise, services a egimpmem in response an this order can rcsuh in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
mthoriced payment on the pan of the City of Fort Collins. However, it is to be understand that FINAL
Seller and the Purchaser reatgnin that in actual a is practice, erchmges resulting fromantitrust
ovgood
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violations are in fact borne by the Purchasn. Theremfore,oforcause and as consideration for executing this
purchase order, the Seller hereby swigs to the Purchaser any and all claims it may now have or hereafter
Freight Tenor. Shipments run he F.O.B., City of Fan Collins, TOo Wood Sr, Fan Collins, CO 80522, unless
acquired under federal or sate wouran t laws for such overcharges relating to the Particular good or services
otherwise specified on this ofda. If permission is given to prepay freight and change separetely, the original freight
purchased in acquired by the Purchaser pursuant to this purchase order.
bill must accomanv invoice. Additional chmgm fen packing will not be xemted.
Shipment Distance. Where manufacturers have distributing points in amount parts of the country, shipment is
expected boom the nwtest distribution point to destination, and excess freight will be deducted from Invoice when
shipments are made from g.,a distance.
Pemtits. Seller shall procure at sellers sole cost all necessary permits, certificates and liceam required by all
applicable laws, regulatimes, ordinances and tales of the use. municipality, territory or Political subdivision where
the work is perlbrmnd, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Sella (unman agrees ro hold the City of Four Collins harmless from and against all liability and loss
incurred by them by reason ofors asserted or mublished violation of my such laws, regulation, ordinances, rules
and oequirements.
Aut umication. All parties to this contract agree that the representatives are, in fact. boa fide and possess full and
omplete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terra and conditions sated
herein set form and any supplementary or nutritional menu and conditions annexed hereto in incorporated herein by
reference. Any additional or different tame: and conditions pmpased by sclla are objected to and hereby retorted.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you mount rake cmmplete shipment to arrive on your
promised delivery date an, rated. Time is of the aware. Delivery and performance must be effened within rise time
soared on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance of p trial late deliveries, shall operate us a waiver of this provision. In the event crony delay,
,he 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 b causes not reasonably foreseeable which are beyond its reasonable cannot and without its fault of negligence,
such acts of God, acts oftvil or andiary, authooitie, governmental priorities, fires, strikes, flood, epidemics, wars or
riots provided that notice of the conditions musing such delay is given to to Purchaser within rive (5) days of the
time when the Seller first received knowledge themd. In the event of my such delay, the date of delivery shall b,
extended for the period equal to the time actually last by reaon ofhc delay.
3. WARRANTY,
The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and
Performed with the highest degree of cart and competence in mcodance with mcepc standards for work of a
similar ature. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which the
Purchaser may suR a incur on acmmt of the Sellers branch of warranty. The Sella shall replace, repair ar make
good, without cost to the purchvxq my defeca or favls arising within cote (1) year or within such longer period of
time as may be prescribed by law or by the temp army applicable warranty provided by the Sella efts the date of
acceptance of the good f ished hereunder (acceptance Out to be Womanably delayed), resulting from imperfect
or defective work done or materials famished by the Sella Acceptance or use of good by the Purchaser shall not
omtime a waiver of any 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 of any of the foregoing...,.
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 M LEGAL TERMS.
The Purchaser nay make changes f legal terms by winnow change order.
S. CHANGES IN COMMERCVil, TERMS.
The Purchaser may make my changes to the lemur, other than legal terms, including millions to or deletions fmm
the quantities originally ordered in the specifications or drawings, by verbal or wriven change order. If any such
,Magi whets the amount due a the torte of perfrmance hermnda an equitable adjmtment sisal I be made.
6. TER ATIONS.
The Purchaser may an any time by writtrn range amen t—i—. this mrtemem m to any o all ponims of the
goods Him not shipped, subject to any equitable adjustment bebmen the suffix as to my work or materials then in
progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the muampletal
portion c f the good and/or work, for incidental or consequential damages, prod than no such adjmtment be made in
favor of nee Seller with raped to any gods which art be Sellers sandaN stock. No such termination shall .].at
the Purchaser or the Seller army ofneir obligations as to any goods delivered hereunder.
2. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or termination is
ordered.
S. COMPLIANCE WITH LAW.
The Sella warrants that all good sold hereunder shall bare been produced, sold, delivered and furnished in stria
compliance with all applicable laws and regulations m which the goods are subject- The Seller shall exam a and
deliver such documents as may bu rryvir d to effect in evidence ampliancc. All laws and regulations; acquired b be
ncoryomted in agreements of this character are hereby incorporated herein by this reference. The Seller agrees no
indemnify and hold the Purchaser harmless from all cons and damages suffered by the Purchase as a mesh of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party, shall margin, mnsf , in convey this Oder, or any monies due or to became due herttmde without the
prior wnvm mart afthe over perry.
10. TITLE.
The Seller warrants full, clear and uvrestncted title as me Purchaser for all equipment, onaterials, and items famished
in performance of this agmancot, free and clear of my and all lieas, restrictions, reservations, security interest
encumbrances and claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifne Purchaser directs the Sella to correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Sella thereafia indicates its inability a uuwillingneas to comply, the Purchaser
may cause the work to be Performed by the most expeditious main, available to it, and the Seller shall pay all
costs associated with such work.
The Sella shall release the Purchmer and its owarectors of my tier from all liability anal claims of any afare
resulting from the perfoterance of such work.
This release shall apply am in the event of fault of negligence of the party coleazed and shall extent to the
directors, officers and employee crumb panty.
The Salle/s contmccual obligations, including warranty, shall not be deemed to W reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is acquired to use my design, device, material or process covered by limit, patent, trademark
or copyright, the Sella shall indemnify and save harmless the Purchase fmm any and all claims for infringement
by reason of the use of such patented design, device, material or process in correction whir the conuad, and
shall indemnify the Punhsser for my and. expense or damage which it may be obliged to pry by reason of such
infringement at any tine, during the provocation or aha the completion of the work. In case said equipment, or
any pan thereof or the intended we of the goods, is in such suit held to con rude infringement and the use of
said equipment or pm is enjoined, she Seller shall, at its own expense end a its Option, either procure 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 noninMnging.
15. INSOLVENCY.
If the Sella shall become insolvent a houbm , rake an assignment far the benefit of cre linso, appoint a
manver of
taste for my of the Sellers property insituations, this order may forthwith be consoled by the
Purchases without liability.
16. GOVERNING LAW.
The definitions of terms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be
onstmed under and governed by the laws of the Sam ofColomdo, USA.
The following Additional Conditions apply only in cases where the Sella is to perform work hereunder,
including the services of Sellers Rmrvxnative(s), an the promise ofothers.
❑. SELLERS RESPONSIBILITY.
The Sella andl may, on said won, at Sell&, awn risk until the same is fully completed and accepted, and stall,
in ere of my accident. destruction or injury to the work mdto materials before Sellefs final completion and
acceptance, complete the work at Sallels own expense and to the satisfaction of the Purchaser. When materials
and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle scone at the site and became responsible therefor as though such materials and➢or equipment
were being furnished by the Seller under the order.
18. INSURANCE.
The Sella shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, m its employees employed on or in connection with 0te work covered by this purchase order,
andlor to Ran depeMents in accordance with the laws of the sate w which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limits to, comrmtal and automobile public
liability insurance with bodily injury and death limits of at least surround for any one Person, 8500,000 for any
one accident and pmpaty damage limit per accident of 5400,000. The Seller shall likewise require his
contractors, it any, to provide for such compensation and insurance. Before any of the Sellers or his ca moors
employees shall do any work upon the premises of others, the Seller shall famish the Purchaser win a certificate
that such compertamon and insurance lave been provided. Such cerdhmtes shall specify the date when such
compensation and insurance have been provided. Such codification shall specify the date when such compensation
and insurance expires. The Seller agora dwt such mmpen tion and imtuanee dull be ma mosimed —fit aRa the
entire work is completed aid accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby asmmes the entire responsibility and liability for my and all damage, loss or injury, of my kind
or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in
this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Pumhasa and any
r all of the Purchasers olBce., .,ON and employees from and against my ant all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or Property to which the Purchases may
be put or subject by mason of any tat, ration, neglect, omission or default on the pan of the Sella, any of his
contmtars, o any of to Sellers or contracmrs fiicrn, agents a employes. In exce my suit a other
proceedings shall be brought against the Purchases, or is officers, agents or employees in my done on account or
by remon of any tat. action, regional. omission or default of the Sella of any of his contractors or my of is or
their ohicers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers awn expense, to pay my and all casts, charges, allomeys fees and other expenses,
any and all judgments that may be incurred by or obtained again, the Purchaser or any of its or their ORcers,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
annual against the property of the Purchaser, or said pvtia in or as a result of such suits or other proceedings,
the Seller will at once muse the same to be dissohed and discharged by giving Win a otherwise. The Seller and
his commdon shall take all safety precautions, famish and imall all guard necessary for the prevention of
amidenss, comply with all laws and regulations with regard at safety imputing, but without limirton, fire
Occupational Safety and Health Act of 1970 and all tales and regulations issued pursuant thereat.
Revised 072014