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HomeMy WebLinkAbout132503 ARBORWORKS EFFECTIVE TREE - PURCHASE ORDER - 3300448Date: 01/14/03 Citv of Port Collins Page Number. 1 Of 1 City of Fort Collins Purchase Order Number: 3300448 Delivery Date: 01/14/03 Buyer: STEPHEN, JOHN Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence. Line Qty/Units Description Extended Price 1 1 lot Elms pruned at 940 West Oak This order is rl4t16alid over $2000 unless signed by James B. O'Neill II, CPPO, FNIGP City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580 Phone: 970-221.6776 Fax: 970-221-6707 Email: infoQci.fortcollins.co.us 2,060.00 Total 2,060.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 1. COMMERCIAL DETAILS. Invoice Address. To secure pranpt Pageant mail invoices in duplicate to. City of Fort Collins Accounting Division P.O. Box 580 Fat Collies, CO 80522 Teaoemptins, By sretute thc City of Fdm Collies is exempt from staz<and local bees. Om Exemption Numbs is IInternalrnn0oll Rev enFeuder, Dal nEvxerci,seCTolaox rago (W. CoComraiinRevised ReSgbistrtuy e8 1973, Chapter gistered with the Collator rof 39-26, 114 (a). Code Ragged GOODS REJECTED due to fdum to meet specificatima, either what shipped or due to defects of dmage in harm[ may, he rearo d to You for credit and are rid to be replmd except upon receipt of written instructions; from the City aFat Collins. Inspection. GOODS we subject to the City of Fort Collins inspection on arrival. Fired Acceptance. Receipt ofth, gamhaudise, sovica or egrtiannot in response to this odes ran result in mMoriad payment on site pert of the City of Pat Collins. However, it is to be understand mat FINAL ACCEPTANCE is depmdevt upon completion of all applicable required inspection procedures. Freight Tams. Shipman, mat be FOR, City of I= Collins, 700 Wood St, Fort Collins, CO 80522, unless otherwise specified on this coa. dIf pamiwion isgiven to prepay freight and cheap, separably, the odginel freight bill mat accompany invoice. Additional charges fen packing will not he accepted. Shipment Distance. Whore mmufacturen have distributing points in vatious parts of Ne man", shipment is exported from the woman distribution point w datination, and cocas freight will be deducted from Invoice when shipments we made from 6reata c mm oe Permit. Seller shall poc m, a seller sole can all necessary permits, comficma and licenses required by oll applicable Iowa regulations, mNnmas and den ofthe state, municipality, territory or political subdivision where the work is perfornsd, or required by my other duly consumed public authority havingjurisdiction ovesthe work of nooks. Sella further agrees to hold the City of Foes Collins hornless from and ageing all liability and low incurred by than by memos of an morel or established violation of my such laws, regulations, ordinances, rules and na miremmts. Authmiestion. All Parties to this contract agree then m repraamtives are, in fact, bona fide and possess full and complete authority to bind said parties. LIIU ATION OF TEAMS. This Purchase Order expressly limits acceptance to the teens and conditions stated herein ad forth and any supplenwsgo or additional now and conditions.nesed hereto or incorporeal herein by reference. Any additional or different terra and conditions proposed by seller are objecod to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT inmae rely if you canna make complete shipment to arise on your promised delivery date. noted Time is of the m ence. Delivery and performce mot be affected within the time gated are the purchase order and the documents mmbe hereto, No wn of the Purchasers including, without limibtim, acceptance ofpmiW Ire deliveries, shall operate as a waiver of this provision. In the event ofany May, the PurtM1aser shall have, in addition to dha legal and equitable noneNs, the option of plating this ceder elsewhere and holding the Sella liable fm damages. However, the Seller shall not be liable for damages as a result of delays due to waves not reasonably foreseeable which are beyond is reasonable control and without its fault ofnegligmce, such acts of God, was of civil or military authorities, B...W priorifies, fire, strikes, flood, op [ions., was or rids provided men nodes ofthe conditions tossing such delay is given to the Purchaser within five (5) days of the time when the Sella fint raeivd knowledge thereof, In the event of any such delay, the date of delivery shall be mmde for the period equal to the tome actually but by rearm of the delay. 3. WARRANTY. The Seller warns Bat all goods, mticlm emerge and work covered by this order will cmfonn with applicable ,hangings, specifications, samples and/or wing descriptions given, will od fit for the pupates intended, and perfored with the high=degree ofmre and compemuce in accordance with accepted standards fa work of a mules no =. The Seller agrees to hold me purchaser hornless from my Iona, damage or «pane which me Purchaer may mffer a incur an anowd of the Sellers breach of wananty. no Sella shall Mato, repair or make good. without cost to the purchater, my defects or faults arising within me (1) your or within such longer peril of time as may be Proscribed by law or by the tow of my applicable warranty provided by the Seller after the once of acceptance of In goods Banished hereunder (acceptance not to be unreasonably delayd), resulting farm imperfect or defective work done or materials fumigant by the Seller Acceptance or use of gads by the Porches shall not comments a waiver of my claim under this warmly Except an otherwise provided in this purchase ardor, the Seller liability hereunder shall extend to all corrosion Fortunately caused by the breach of my of the foregoing warranties or gnamnms, but such liability shall in no event include Ian ofprofits or low of use. NO Ev1PLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make charges to legal tams by written change odes. 5. CHANGES IN COMMERCIAL TERMS. The Pmchwa may nuke my clangs to the ages, other men legal tarn, including additiow to a delerions from the quantifies originally ordered in the specificatiws or drawings, by verbal or written change order. If my such change cif" Ne wromt due or me tome of Perform.,haeunda, an eynotable adjustment shall od made. 6. TERMINATIONS. no Purchases may at my time by written change coda, terminate this agreement as to my or all potions of the Funds than era shipped, subject to my winnable 4wornent bervern the parties se to my went as materials men in program provide than the Pmch.a shall not be liable for my claims for anticipated profits I the uncompleted potion ofine goads mrNor work, for madmW a c umquential dow car, and duce no such adjustment be ode to favor ofine Sella with respect,. my goads which are the Sellers standard atmk. No such tsranarion shell relieve the Purchaser or the Seller of my of their obligations. to my goods delivered haessder. ]. CIAE FOR ADJUSTMENT. Any clam for adjustment mug he awesd within Witty (30) days from the data the charge or tmnimtim is adored 8. COMPLIANCE WITH LAW. The Sella wanmts that all gods mid hereunder shall have bees producd, sold delivered and famished in said compliance with all applicable laws and regulations to which the goods are subject. The Sella shall saute and deliver such docunmws. may be required to efftt1 or evidence compliance. All laws and regulations required to be incomporecol I. agremamb of this character are hereby incapaatd herein by this reference. The Sella agrees w indemnify and hold the Purchwer hadeas from all cents and dmrugs suffered by me Purchwes as a cult of the Seller failure to comply win such law. 9. ASSIGNhfENT. Neither Party shall assign, ttmafes, or canvry this ads, or .1 moni. due or to become due hereunder withom the prior woman canatt of the other party. 10. TITLE. The Sella warms full, clew and unrestricted title to the Purchaser far all eq.iprmu, mataiate, and items ",had in performance of this agrmnent five and clear of any and all lines, reshidau, reservations, security interest encumbrances and chair of other. 11. NONWAIVER. Failure of the Purchaser to insist upon aria perfammce of the tame and conditiab hereof, failure or &isy to exercise my rights or remedies pravidd herein m by law, failure to promptly notify we Sella in the event of a breach, the acceptance of or payment fa gouge M1ereunda or approval of the design, shall not rams the Sella of my of the warranties or obligations of this purchase order and shall not be demand a waives of my right of the purchaser to train upon mict performance hereof a my of its rights or randier as to my snub gods, regardless ofwhm shipped receive or accepted, as to my pria or subsequerat default hereunder, nor shall my purywted and modification or rescission of this Purchase order by the Purchases up. an a waiver of my ofth. [cages hereof. 12. ASSIGNhffiNT OF ANT FRUST CLAIMS. - Seller and the Purchaser recognize that in =lust economic Practice, overcharges resulting fora mtitrum violations arc in fact loom by the Purchases.Thectofore,f good coum and as consideration for mounting this purchase order, the Sella hereby assigns to the Purchases any and all claux it may now have or herself. acquire under federal or Ago antitrust laws fen such ovacharges relating to the particular gods or services Prtrchasd m acquired by the Purchases purnumt to this purchase coda. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconfan ing or defective goods by a time to be agreed upon by the Purchma and the Salim and the Seller thereafter indicates its inability or mwillingsm to comply. the Purchaser may cause the work to be perforated by the mat expaEticam moms available to it, and the Sella shall pay all cob associetd with each work. The Seller shall release the Purchases and its crommo r of my tier from all liability and claims of my nature resulting from the performance of such work. This red me shall apply eves in the event of fault of will ignite of the party released and shall extend to the conswe s, officer and employees of such party. The Seliers cwuacmai obligation, including warranty, moll was be deemed so be reduced, in my way, because such work is perfomrd or caused to he paf dby the Purchaser. 14. PATENTS. Whatever the Sella is nagulrd to use my design, device, material or process coveted by letter, patent trndemuk or copyright, the Sella shell indemnify and save hmrdess the Purchaser ftom my and all claim fa infringement by reason of the use, of such patmtd design, device, material or pocas in emanation with me contract and shall in lemify the Purchase for my cost, expense or damage which it may be, oblige to pay by reason of such infn'nganam at my time during the prosecution or der the completion of the work Incase said equipment or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the we of said equipment or pan is c doing, the Seller shall, a, its own expense and M its option, either procure fa the Purchaser the right to continue using said equipment or pens, replete the scone with substantially tonal but non -infringing equipment or modify it so it becomes non -infringing. 15. INSOLVENCY. Ifthe Seller shall Income a.]., or bmhupt make an assignment for the benefit of creditors, appoint a receiver or trugee fa my of the Seller property or bminew, this ads may forthwith be canceled by the Purchases without liability 16, GOVERNING LAW. The definitions of tomes wed or due interpretation of the agreement and the rights of all parties hereunder shill be manned under and govamd by the laws of the Sore of Colorado, USA. The following Additional Conditions apply only in raves where the Sella is to perform work heremda, including the services of Sellers Repreeenstiven), on the pranisa of ahem. 17. SELLERS RESPONSIBILITY. The Sella shall tarty an said work m Sellers own risk until the some is fully complete ad aaepte, and shall, In wee of my accident, destruction or injury to the work and/or materials before Sellers final completing and acceptance, complete the worts Sellers own espaae and to the satisfaction of the Purchases. What materials and equipment an famished by other for installation or creation by the Sella, the Sella shall receive, wand, gran and handle same at the site and become responsible therefor as though such materials and/or equipment were being fumishd by the Sella under the order. 18. INSURANCE. The Seller shall, at his own to mse, Provide for the payment of worker rampenvadon, including occupational decease bene<b, to its employees employed an or in comation with the work covered by this purchases onier..mdNa to their depmdcnb in accordance with the laws of me able in which the work is to be done. The Sella shall oleo tarty comprehensive general liability including, but not limited to, co m awe and Immobile public liability insurance with bodily injury and dsth limits of a Iwo 5300,00o fen my one peron, gSW M fa my oar saidau and Property damage limit par waident of SCI0,000. The Seller shall likewise reclaim his contractor, if any, to Provide for such compensation and imamate. Before my of the Seller or his cmtrecom employers shall d. my work upon the premiss of others, the Seller shall furnish the Porh.a with. notificase that each compssbetim and insurance have been provide. Such certitica s shall specify the dace what such compensation and imunnce have been provide. Such certificates shall specify the data when such compensation and insurance spins. The Seller slams arm such compe.ation and insurance shall be maintained until after the more work is completed and aceepd. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby among the entire responsibility ad liability for my and ell dunnage, lone a injury of my end or net=whatsoever to Famous or property wend by or resulting from the common of the work provided for in this porch.. order or in cognation herewith. The Sella will indemnify as hold harlow the Purchaser and my or all of the Purchaser officers, agents and employeess from and against any, and all claims, loom, damages, charges or espe.es, whether direct or indirect, and whether to Famous or property to which the Purchases may be pm or subject by reason of my act action, neglect, omission or default an the pm of me Sella, my offset contractor, a any ofthe Sell. or contraems offices, agents a employees. In wer my unit or when proceedings shall be brought against the Purchaser, or its offices, spec%or employees at my time an moment or by re.I of my act actin, neglect emn,sin or default of the Sella of my ofhis comment; a my of in or their officers, agmb aemployees as aforesaid. the Sella hereby agrees to .some the defense thereof and to defend the wane at the Seller own espase, to pay my and all eases, charges, attom ys fors and moor expenses, a" and all judgment that may be wournd by orobtaine ega. thc Purch.cr or airy of its or their otficm, agents a employees I. such in a dher proceedings, and in cave judgment or other Jim be Placed upon or obtained agaivm the property of the Purchaser, or said and. in a as a roods of each suite or rather proceedings, the Seller will m once w.e the smm m be dissolve and discharge by giving bond or ahewise. The Sala and his commuterre, moll take all Way pr oemrtio s, furnish and instal all guasdv necssay, fa the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Heath Act of 19]o and all rules and reguladoes issued pursuant thereto. Revised IIN