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HomeMy WebLinkAbout120528 FORT COLLINS TREE CARE INC - PURCHASE ORDER - 9111575PURCHASE ORDER PO Number Page City Of/� nC 9111575 ' of z `t Collins olliThisnumber must appear] J on all invoices, packing �slins and labels. Date: 03/16/2011 Vendor: 120528 FORT COLLINS TREE CARE INC 301 E DOUGLAS RD FORT COLLINS Colorado 80524 Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS Colorado 80521 Delivery Date: 03/16/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Pruning 1 LOT LS 9,000.00 PER WORK ORDER 002-2011 FCTC City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 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. COMMERCIAL DETAILS. Tax exemptions. By starch, the City of Fart Collins is exempt fmm state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cenificme of Registry R4-6000587 is registered with the Collector of Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED doe tp failure to meet specifications, either when shipped or due to defects of damage in transit. may be rcwmed to you for credit and am not to be replaced except upon receipt of written imtmetinns from the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hermL failure or delay to exercise any rights Or remedies provided herein or by law. failure to promptly notify roe Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this pumlasc order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hercofor any of its rights or remedies s m any such goods, regardless of when shipped, received or accepted, as to any prim or subsequent default hcrnmder, nnr shall any purported and modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hercnf. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting form antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact home by the Purchaser. Theretofore, for grad cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may rare have or hereafter Freight Teats. Shipments must be F.O.B.. City of Fan Collins. 700 Wood St.. Fort Collins. CO 90522. nnlcss acquired under federal or state antitrust laws for such nvcrchnrga relating to the particular grads or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased m acquired by the Purchaser pursuant to this purchase order. hill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to he agreed upon by the expected form the nearest distribution point to dcetieutum. and excess freight will be deducted from Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be performed by the most expeditions means available to it, and the Seller shall pay all costs associmcd with such work. Permits. Seller shall procure at sellers talc cost all necesszry permits. certificates and licenses required by all applicable laws, regulations, ordinances and mles of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fair Collins harmless fmm and against all liability and loss bect red by them by reason of an asserted Or established violation of any such laws, regulations. ordinances, rules and requirements. Authorization. All parties to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tams and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different lanes and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE: ADVISE PURCHASING 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 muxt he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpT"ial late deliveries, shall opeate as a waiver of this prevision. In the event of any delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing 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 to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence. such acts of God, acts ofeivil or military authorities, governmental priorities fires. strikes flood, epidemics. wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within rive (5) days of the time whcn the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason c fthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will confnmh with applicable drawings, specifications, samples and/or other descriptions given, will be fit for to purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards 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 account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms ofany applicable warnnry provided by the Scllcr after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchas, order, the Scllcrs liability henundef shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liabilityshall in no event include loss ofprofits of loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CI IANGES IN COMMERCIAL TERMS, The Purchaser may make any changes to the tcmhs. other than legal terms, including additions to or deletions from the quantities originally orelered in the specifications or drawings. by verbal or written change order. If any such change affects the amount due or the time Of perfaunance hereunder, an equitable adjustment shall be made. h. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the putt then not shipped. subject to any equitable adjustment between the panic,; as to any work or materials then in progress pmvidcd that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted Portion of the goods, and/or work, for incidental or ennwcpwatial damages. and that no such adjustment be made in favor of the Seller with respect to any goods which arc the Scllcrs standard stook. No such tcmminwint shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date Ibe change or termination is ordcmd. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, dclivcrcd and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Scllcr shall execute and deliver such documents as may be required to effect c revidcnce compliance. All haws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all cosh and damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither par shall assign, transfer, or comacy this order, or any monies due or to become due hectometer without the prior written consent of the other party. 10. TITLE. The Seller eamnts fall, clear and unrestricted tide to the Purchaser for all equipment. naterinls, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofoffic s. The SCller shall release the Purchaser and its contractors of any tier Firm all liability and claims of any nature resulting from the perfn pence of such work. This release shall apply even in the event of fault of negligence of the party released and shall estmd to the directors, officers and employees ofsueh party. The Sellers contractual obligations. including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be perfamwd by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent. trademark or copyright, the Seller shall indemnify and save harmless the Purchaser form any and all claims For infringcmcnt by reason of the use of such putented design, device, material or process in connection with the contract and shall indemnify the Purchaser for any cost. expense Or damage which it may be obliged to pay by reason ofsueh infringement it any time during the prosecution or a0cr the completion of the work. In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infringcmcnt and the use of ,said equipment or part is enjoined. the Scllcr shall, err its own expense and at 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 noninfringing- 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver of trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of moons used or the interpretation ofthe agreement and the rights off][ panics hereunder shall be construed under and governed by the laws ofthc State of Colorado, USA. The following Addilional Conditinns apply only in cases where the SCller is to perform work hereunder, including the services of Scllcrs Reprcsentative(s), ran the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work it Scllm's own risk until the same is fully camplered and accepted, and shall, in ease of any accident, destruction or inittry to the work and/or materials before Scllcrs final completion and acceptance, complete the work at Scllers 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 same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. I R. INSURANCE. The Seller shall, at his own expense, pmvide for the payment of unrkcm compensation, including occupatinnal disease bcrecfim. to its employees employed on Or in connection with the work covered by this purchase Order. and/or to their dependents in accordance .with the laws of the state in which the work is to he done, The Seller shill also carry comprehensive general liability including, but not limited to, contractual and automobile public liability uOurenee with bodily injury tend death limits of at least S300,000 for any one person. 5500.006 for any one accident and property damage limit per accident of $400.000. The Seller shall likewise require his contractors if any, to provide for such eompensmion and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of mhers, the Seller shall furnish the Purchaser with a certificate that such compensation and insumnee have been provided. Such certificates shall specify the date when such eompensatina and insurance have born provided. Such certificates shall specify the date ;when such compensation and insurance expires. The Scllcr agrees that such compensation and insurance shall be maintained until after the entice work is completed and accepted. 19. PROTEC110N AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for am, and all damage, loss or injury ofany kind ter nature whatsoever m persons or properry emaed by or resulting from the execution ofthe work pmvidcd for in this purchase order or in connection heroviih. The Scllcr will indemnify and held harmless the Purchaser and any or all of the Porchaur; officers, agents and employees from and against nay and all claims, losses damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may he put or subject by reason of any act. neticn, acglcel, emission or default on the pan of the Scllcr, any of his contractors, or any of the Sellers or eontrncmc officers. agents or employees. In ease any soil or other Proceedings shall be brought against the Purehscr, or its officers. agents err employees rat any time on account or by reason of any act, action, neglect. omission or default of the Seller of any of his eantructors or any of its or their affects, agents or employees as aforesaid, the Seller hereby forces to assume the defense thereof and to defend the same at the Seller' own cxpeme, to pay any and all costs, charges, attorneys fees and Other expenses. any and all judgments that may be incurred by or obtained against the Purchaser Or any of its or their oRccrs. 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. the Seller will at once cause the same to be dissolved and discharged by giving bond or chemise. The Seller and his contractors shall take all safety prccautiens, furnish and install all guards necessary for the prevention of accidents, comply with all laws and rclludreions with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all cola and regulations issued porsuam theme. Revised 0312010