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HomeMy WebLinkAbout414759 SWINGLE LAWN TREE & LANDSCAPE CARE - PURCHASE ORDER - 9146536Fort Collins Date: 11/07/2014 PURCHASE ORDER Vendor: 414759 SWINGLE LAWN TREE & LANDSCAPE CARE PO BOX 17248 DENVER CO 80217-7248 PO Number Page 9146536 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS CO 80521 Delivery Date: 11/06/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 1- 4 Person Crew Hourly Rate Per work order #003-2014 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 1 LOT LS Total Pay terms net 30 days Invoice Address: 12,720.00 720.00 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 asion ions. By statute the City of Fon Collins is exempt from mate and lard as Our Exempion able is 11. NONWAIVER. 98-04502. Formal Excise Tax Exemption Certificate of Registry 84.6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict pcifrmmnce of the terms and conditions hereof, failure or delay to Internal Revere, 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 ofor payment for goods hereunder or approval ofthe design, shall not release be Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or doe to defects of any ofthe warranties or obligations of this purchase order and shall nor 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 upon receipt of written Purchaser to insist upon suicrPerformance hoomfor any ofits rights or remedies as to any such goods, regardless iasuuctions from be City of Fort Collins. of when shipped, received or accepted, as many on., or subsequent default hereunder, nor shall any purported oral modification or emission of this purchase order, by the purchase, operate as a waiver of any of the teak Inspection. GOODS are subject to the City ofFort Collin inspection an anlval. hereof. Final Acceptance. Receipt of be merchandise, services or reuipment in response m this ordee can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. amhorind payment on be pan of the City of Fort Collins. However, it is to he ualerstood Wt FINAL Seller and the forebear recognize Nat in azmal economic practice, a archargev resulting from antitrust ACCEPTANCE is dependent upon completion ofail applicable required inspection procedures. violations are in fact berme by the purchaser. Theretofore. far good cause and as consideration for executing this purchase oNer, the Seller hereby assigns to the Purchaser any and till claims it may now have or hereafter Freight Terms. Shipments must be F.O.E., City of Too Collie, 700 Wood St, Fon Collins, CO 80522, unless acquired under federal m stare antimut laws for such overcharges relating to be particular goods or services otherwise specified era this oNer. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuing to this purchase order. bill must accompany invoice. Additional charges for packing will nor be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufxturers have distributing points in various pans of the country, shipment is Ifthe Purchaser drivers the Seller to correct nonconforming or defective good by a date to be agreed upon by the expected from be nearest distribution paint to destination, and excess freight will be, deducted from Invoice when Purchasd and the Seller, and the Seller hereafter inalwares its inability or unwillingness a comply, be Purchx.r shipments on, made fmm grans distance. may cone be work or be Performed by be most expeditious means available to it, and the Seller shall pay all cask assnmimed with such work. Permits. Seller shall province at sellers sole cam all necessary permits, certifates and lie. required by all applicable laws, regulations, bt iwnces and roles of the ante, municipality, temtory or political subdivision where be work ex performed, car required by any other duly constituted public authority havingjurisdiction over be work Of vendor. Seller fiber ber acres 1a hold the City of Fon Collins harmless fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, oNimnces, rules and no,mremmk. Authorization. All ponies to this contract agree that the representatives an, in fact, bona fide and possess full and complete authority, to bind said panics. LIMITATION OF TERMS. This Purchae Order expressly limits acceptance to be terms and conditions stated herein set fork and any supplementary or addnioml mass and condition amazed here. or incoryorated herein by fife.. Any addinmul Or different it. and condifimss proposed by tiller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment o arnve on your promised delivery date as noted. Time is of the essence. Delivery and perf or ante must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, accepana of partial late deliveries, shall operate re a waiver Of this provision. In the event army delay, the Parch., shall have, in addition mother legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, be Sul Its shall nor be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault Of negligence, such acts ofGod, acts afcivil or military authorities, governmental priorities, fires, strikes, Based, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchase within five (5) days of be time when the Seller first received knowledge thereof. In be event of my such delay, be time of delivery shall be extended for the period equal to the time acidly lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials sort 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 be highest degree of care and competence in accordance with accepted sandard for work of a similar nature. The Seller agrees on hold the purchaser harmless from any loss, damage or expense which be Purchaser may suffer or incur an account of the Sellers breach of wi tram, The Seller shall replace, repaie or make good, without cast to be purchaser, any defects or faults arising within one (1) year or within such longer period of time as may he presented by law or by be faces efany applicable warranty provided by be Seller after the date of acespmnee of be goods famished hereunder (acceptance nor m he moeasombly delayed), remising from imperfect or def Live work done or materials f ished by be Seller. Aceeparnce or use of good by the Purchaser shall not antitute a sooner army claim under this wamnry. Exceq as othenvi. provided in his purcha. oNer, ore Sellers liability hereunder shall extend to all damages proximately caused by the breach of any ofthe foregoing wmrom.es or,marmaces, but such liability shall in no event brindle loss of profit an lossofuse. 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. S. Cl LANCES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms. Other than legal terns, including additions to or siden as from the quantitiesoriginally covered in the specifications or drawings, by verbal or w'cram change order. If any such change affects be amount due or be time ofperformance hereunder, an equitable adjustment shall N made. 6. TERMINATIONS. The Pumlasser may at my time by wdnen change order, terminate can agreement as no my or all portions of be goods then not shied, subject to any readable adjmtmcm between be panics as to any work or materials then in progress provided bar he Purchaser shall nor be liable for any claims far mtici,mal profits on be uncompleted portion ofthe good md/or work, for incidental or consequential damages, and but no such adjustment be made in favor ofthe Seller with respect to any goods which are the Sellers standard stock. No such seminarian shall relieve the Purchaser or the Seller army of their obligations as to any goods delivered hemmder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within bury (3O) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants but all good sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which Om goods are subjeet. The Seller ahall execute and deliver such documents as may be, required to effect or evidence compliance. All laws and regularian required to be ncorporated in agreements of this charterer are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harm less from all costs and damages suffered by be Purchaser as a result of be Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pany shall assign, hansfem or coney this order, or may monies due or to become due hereunder without be prior wdnen comml of be other party. 10. TITLE. The Seller wamnts full, clear and committed fide to ore Purchaser for all cquiprrnmt materiah, and items fumishor in pert are of this agreement free and clar of any and all lien, rzsvictian, resenanom, security interest crcumbrmces and claims afoien. The Seller shall release the Franchisee and its ..,.arms of any tier fmm all liability and claims of any nature resulting from the performance of such work. This release shall apply even hi the event of fault of negligence of the any released end shall extend to the directors, officers and employees cartoon party. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, bemuse such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process severed by letter, patent, trademark or copyright be Seller shall undeniably aM save hmmlrss the Purchaser from any and all claims for infringement by reason of be use of such patented design, davia, material or process in connection with be contract and shill indemnify the Purchaser for any test expense or damage which it may be obliged. pay by remain of such immurement at any time during the prosaution or slier be completion of the work. In now said equlpmmt or any pan thereof or the intended use of the goods, is in such suit held on constitute infringement and be use of said egtipmer or pan is enjoined, the Seller shall, m ins own expense and at its option, either procure for the Purchaser the right to connote using said remoment or parts, replxe the same with ml m enally equal but noninfdnging equipment or modify it so it becomes naninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make m assignment for the benefit of creditor, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be angled by ore purchaser without liability. 16. GOVERNING LAW. The definitions clients; used or be interpretation ofthe agreement and be rights ofall penias hareaMer shall he combined under and governed by the laws, ofthe State ofColorddo,USA , The fallowing Additional Conditions apply only in cases where be Seller is on perform work hereunder including the services ofSellens Re mosentative(s), era the premises of others. I]. SELLERS RESPONSIBILITY. The Seller shall any on said work at Sellers own risk caul the same is fully campincil and accepted, and shall, in case of any accident, destruction or injury to me work arWor materials before Seller's Real completion and acceptance, complete the .,it at Sellers own ea,. and ro be satisfaction of ore Purchaser. When matenals and reciprocal am famished by others for installation or erection by be Seller, tic Seller shall reserve, tabad, stare anal handle same at be site and become responsible therefor as though such materials and/or reuipmrnt were being fumhhed by the Seller under be order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational dose. benefits, to its employees employed as or in connection with the work covered by this purchase order, annllor to their dependents in accordance with the laws of the sure in which the work is to he done. The Seller shall also carry comprehensive Vneml liability including, but not limited to, contractual and automobile public liability insurance with bodily injury said death limits of se least 5300aW for my one person $50(j," for my ne accident and procerty damage limit per accident of S400,000. The Seller shall likewice require his contractors, if my, to provide for such compensation and marmance. Before my of the Sellers or his commerors employees shall do any work upon be premises of others, be Sellershall famish the Purchaser with a cer ifate but such compesmion and assurance have been provided Such evedGcates shall specify the date whim such compensation and insurance have been provided. Such certificates shall specify the data when such compensation and iusumnee expires. The Seller agrees but such compendiums and insnece shall he maiaamed until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for my and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from be execution of the work provided for in this purchase order or in correction herewith. The Seller will indemnify and hold harmless be Purchaser and any r all of the Purchasers officers, agents and employees fmm and against my teal all claims losses, damages, chargas or expenses, whedrer direct or indirect, and whether. p rmrss or Tmbory, to which the Purchaser may he pat or subject by reason of my act action, neglect, omission in default on ore pan of be Seller, any of his contado s, or any of be Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against be Purchasd, or its officers, agents an employees m my fee on account or by reason of any ant and, neded, omission or default of be Seller of any of his contracmm or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to esslme be defense thereof and to ddcnd the same at the Sellers own expense, to pay any and all cos s, charges, attorneys fees and other expenses, any and all judgments that may he incurred by or obtained against the Purchaser or any of its or their often, 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 parties in or as a result of such suits or other proceedings, be Seller will at once came the same to be dissolved and discharged by giving bond or otherwi.. The Seller and his contractors slut] take all safety precaution, fuming and install all guard necesssry for the prevention of mcidenk, amply with all lows and regulation with regard an safety including, but without lirtdation, the Occupational Safety aM Health Act of 1970 and all ales and regulation issued Pursuant there.. Revised 07f2014