Loading...
HomeMy WebLinkAbout414759 SWINGLE TREE & LANDSCAPE CARE - PURCHASE ORDER - 9146536Fort Collins Date: 1112812014 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 Buver: JOHN STEPHEN Note: Line Description - Quantity UOM Unit Price Extended Ordered Price 2 Addendum to PO Per work order #004-2014 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 lmilei y1 12,700.00 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 1. COMMERCIAL DETAILS. Tan exemptions. By statute the City of For Collins is exempt fmm state and local taxes. Our Exemption Norman is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cenificam of Registry 84-6000587 is registered with the Collector of Failure of the Purchma . insist upon strict hormone of the Isms led conditions hereof, failure .r delay a Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided heron or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the deign, shall not re]eme the Sella of Goods Rejected. GOODS REIECTED due to failure a meet specifications, either when shipped or due in defects of my 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 mourned to you for craft and we not to be replaced except upon mono , of written purchaser to insist upon strict performance hereof., my.f is rights or temedies to to my such goads, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as m my prior or subsequent default heremder, nor shall my purported oral modification or recession of this ponchos, order by the R ebaster cosmic as a waiver of my of the mina Inspection. GOODS ste subject o she City of Fort Collins impaction on anival. hcreaf. Final Acceptance. Reocipt of to newomndise, arnica m aryipmm, in response to this major can result in 12. ASSIGNMENTOF ANTITRUST CLAIMS. authmised payment on the pan of the City of Fort Collins. However, it is to be, understood but FINAL Sella and the Purchaser taognise that in normal a rchare m is practice, ovegresulting fmantitrust ACCEPTANCE is dependent upon completion ofall applicable requited inspection procedures. violations are in fact home by the Purchasrew Purchaser. Thefom,nforr good mix and as consideration for executing this purchase order, the Seller hereby insight to the Purchaser any and all claims it may new have or hereafter Freight Terms. Shipments ..at be, FOR,, Ciry Of Fort Collins, 700 Wood St, Fan Collins, CO 80522, .less acquired under federal or state anion st laws for such overcharges relating to the particular goods or services athawise specified on this order, if pemt,wwr is given to prepay freight and charge separowly, the or,iml freight purchased or acquired by the Purchaser p wmnt w this purchase order. hill must accmmranv invoice. Additional chwass for oackine will or be accented. Shipment Distance. Where manufaclams have distributing points in various parts of the country, shipment is expected fmm be nearest distribution point to daciation, and exeeas freight will be dedacril from Invoice when shipments are made fmm grata distance. Pemdts. Seller shall procure at sellers sole cast all naessm, permits, cerfificas, and license natural by all applicable laws, regulations, ordinances and rules of thc state, municipality, territory or political subdivision where the work is performed, or required by my other duly constimed public amhoriry having jurisdiction over the work ofvendor. Seller further agar to hold the City affair Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, sales and requirements. Amhonoitum. All partial to this contract agree tat to reprexnmtives art, in fact, From Ode and possess full and .,file authority, or bind said pries. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance as the urns and condition, sorted herein set path and any supplementary a addition.] tern and conditions amened hereto or incorporated berein by reference. Any additional or diltaem Isms ad ..did. pmphted by sells ire objected to and hereby jested. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you canon make complete shipment m arrive oa you, promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time smtal on the pnohaa, order and the ducum nts attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Pumhasw shall have, in addition to other legal and equitable remedies, to option or placing this order el.whom and holding the Seller liable for damages. However, the Sella shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its masonable conmol and without its fault of negligence, such errs ofGod, acts ofeivil or military authrnfia, governmental pnondes, fires, strikes, Hood, epidemics, wars or riots provided that notice of to roMitions causing such delay is given to be Franchiser within rive (5) days of be time when the Seller first received knowledge thereof. In the event of any such delay, thr date of delivery shall be extended for she pond equal to the time mmolly last by reason ofthe delay. 3. WARRANTY. The Seller warrants that all good, ertide, 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 to highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agree to hold the purchasr harmless fmm any lass, damage or expense which the Purchaser may suft or incur on accomt of the Sellers breach of wmmnry. The Seller shall replan, next or make good, without cart to the Functions, any defects or faults arising within one (1) you or within such longs period of time. maybe prescribed by law or by to tenor of my applicable warranty provided by the Sella after the dale of "ceptantt of se good famished hercuMa (acreptantt cast o be, warome ably delayed), .nulling from imperfect m defective wok done or mataials famished by the Sella. Acceptance or use of goods by the Purchaser shall not constitute a waiver of my claim under this warranty. Except as ollrcrwix provided in this purchase order, she Sellers liability hereunder shall extend m all damages prourencly caused by to breach of any of the foregoing wamntie 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 Purchow, may make changes to legal ream by women change .,do, 5. CHANGES IN COMMERCIAL TERMS. The Purchase, may make any clangs as the terns, she, than legal toms, including udditiom o or deletions Rom be quantities originally ordered In to specifications or drawings, by verbal or wdam change order. If my such change affects she amount due or be time ofPerfotm.tt hrreuMa, an equitable adjuttment shall be made. 6. TERMINATIONS. The Purchaser may .1 any time by written change order, marinate this agreemem as to any nr all Wrtimus of the goods then not shipped, subject to any equitable adjustment b twee. the .Hies as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated prollls on the uncompleted portion of fe grads and/or work, for incidental or consequential damages, and that no such adjustment be made in favor ofthe Seller with respect to any good which are the Sellers standard stock. No such termination shall relieve the Purchaa or the Seller of any of tear obligmiom as to my goods delivered hereunder. 1. CLAIMS FOR AD3USlMENT. Any claim for adjustment what be Seasoned within tiny (30) days from the dice to change or temmiration is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in inner compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents m may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees w indemnify and hold the Purchaser harmless from all cost and damages m1TetW by she Purchaser as a result of the Sellers failure to comply wish such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, o, convey this order, or my monies due or to become due hereunder without be prior women concert ofthe other parry. 10. TITLE. The Seller wants bill, clear and unrestricted title to the Purchases for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liem, fesNctions, resmations, sanity interest encumbrances and claims of ofer. 13.PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Pmchaer directs the Sella to correct nonconforming or defective goads by a date to be agreed upon by the Purchaser and the Sella, and be Sella thereafter indicates its inability or unwillingness as comply, the Purchases may cause the work w be performed by the most expedition ream available an it, and red Sella shall pay all cows assaistN wit such work. The Seller shall release the Purchaser and its contractors of my ties fmm all liability and claims of any mture reaching from be performance ofsuch work. This release shall apply even in the even of fault of negligence of the pony released and shall extend to the directors,.1fccra and.,toy. of such piny. The Selleh contractual obligations, including waranty, shall not be deemed to be induced, in any way, because such work is performed or caused to be performed by she Purchaser. 14. PATENTS. Whenever be Sella is required to use my design, device, matenal at process covered by loner, patent, trademark or cr,yriba. he Sella shall indemnify and sure hmmlas the Purchaser from a, and all claims for infnngement by reason of the rase of such patented design, device, mammal or process in connection wish she contra, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time doting the par e.tion or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the good, is in such suit held to constitute Infnngement and the use of said equipment or pan is enjoined, the Seller shall, at its own capon. and al its opnm, either procure for the Pocbaser the fight to continue using mid equipment or pans, replace the mine wit mbst.tially awl but nnninfdnging equipment, or modify it so it becomes noninGnging. 15. INSOLVENCY. If the Seller shall become insolvent or batdntpl, make an originations for the benefit of creditor, appoint a receiver or tsmta for my of be Sellers property or business, this order may foMwit be canceled by she Pumhnsa answer liability. 16. GOVERNING LAW. The definitions of terms teed or the interpretation ofthe agreement and the old, Ofall parties hereunder shall be consuuN under and governed by the laws of the Siam of Colorado, USA. The following Additional Conditions apply only in owes where the Seller is to perform work hereunder, marinading to services of Seller Repm.nmive(s). on the premises of others. 17. SELLERS RESPONSIBILITY. The Sailer shall cony. mid work at Sclleds own risk .tit the acme is fully completed and accepted, and shall, in tax of my accident, desauction m injury an to work arrNon mmmah, bef Sellefs fitml completion and acceptance, complete be work at Sidlefs own expense and to the satisfaction of the Pitchout. When materials .it almloncat are bimiNed by orders for imtallum. or emaion by the Sella, the Sella shall receive, .[oad, stare end handle same . the site end biome responsible therefor . tough such materials .Nor equipment were being furnished by be Seller under the aide, 18. INSURANCE. The Seller shall, at his own epeme, provide for the payment of workers compensation. including occupational disease benefiss, an its employees employed on or in composition with to work covered by this purchase order, andlor as their depadenls in accordance with to laws of she mane in which the work is 0 be done. The Sella shall slat may compre monv, gams] liability including, bur rot limited w, owntrxm I aM automobile public liability insurance win bodily injury and dent limits of at least 5300,000 for my me person. S500,000 for my onse accident and property damage limit per accident of 5400,000. The Seller shall likewise require his contractors, if any, to provide for such c.mperomion and imurutae. Before any ofthe Sellers or his contractors employees shall do any work upon the premises of inters, to Sella shall famish to Procha er with a aAEcate that such compensation and insumncc have ban provided. Such certificates shall specify the data when such compensation aril insurance have been provided. Such sur ificarms shall specify be date when such compensation and insurance expires. The Sella agrees that such compensation and insurance shall be maintained until after the ,mire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby as:uma be entire responsibility and liability for any and all damage, lass or injury of any kind r Opium whatsoever to persons at property caused by or resulting fmm the execution ofNe work provided for in this purchase order or in connection herewith. The Sella will irdownify and hold harmless the Purchaser and my Or all of the purchasers officers, ages and employees from and e,I., any and all claims, losses, damages, charges or expense, whether direct or bacteria, and whew, to persons err proper, to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of to Seller, any of his contractors, or my of the Sellers or contractors ofhc rs, agents or employees. In cone any suit or other proceedings shall be bought egninat the Purchaser, or it officers, agents of employees at any time on "count or by mamn of any act, action, neglect, omission or default of the Sella of my ofhis contrdors or my of is or their officers, agents or employees as aforesaid, the Sella hereby agree to assume be defense thereof and w defend the same at be Sellers awn expense, to pay my and all cost, charges, alomeys fees and other expenses, my and all judgmenm that may be incurred by or Obtained against the Purehaser or any of its or their officers, agent or employees is such suit or other proceedings, and in rase judgment or other lien be placed upon or obtairud against the property of flue Pumheaer, or said parties in or as is rout, of such suits or other proceedings, she Seller will in once wume the same to be dissolved and dischagM by giving band in chromatin. The Seller and his a ntmmors shall take all mfry praeutiom, famish and install all guard aaomry for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations irmed pursuant thereto. Revised 07n014