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HomeMy WebLinkAbout276712 FINE TREE SERVICE - PURCHASE ORDER - 9111576City of art Collins Date: 03/16/2011 Vendor: 276712 FINE TREE SERVICE 3060 LAKE CANAL CT FORT COLLINS Colorado 80524 PURCHASE ORDER PO Number Page 9111576 1of2 This number must appear on all invoices, packing slips and labels. 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 I Downtown Pruning 1 LOT LS PER WORK ORDER 002-2011 FnTS City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, 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 9,200.00 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 statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is I L NONWAIVER. 98-0,1502. Federal Excise Tax Exemption Certificate of Regis" 84-WM597 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the toms and conditions hereof. failure or delay to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Sbrtutes 1973. Chapter 39-26. 114 (a), exercise any rights or rcmcdics provided herein or by Irv, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the 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 warranties or obligations of this purchase order and shall not be deemed a waiver of any right Of the damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hercoforany ofits rights or rcmcdics as to any inch goods, rcgmd1c, instructions from the City of Fort Collins, of when shipped. received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification Or rescission of this purchase order by the Purchaser opcmte as a waiver of any of the tents Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. herenf. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNM ENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice overcharges resulting From antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order. the Seller hereby assigns to the Purchaser any and all claims it may now have Of hereafter Freight Terms. Shipments most be F.O.K. City of Fort Collins, 700 Wood St.. Fort Collins, CO 80522. unless acquired under federal or state muitmsl laws for such Overcharges relating to the particular goods or services mhenvise .specified on this order. U permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Parchascr pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE; OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacntmn have distributing points in various parts of the country, shipment is If the Purchaser directs the Seiler incorrect nonconforming or defective goods by a date to be agreed Open by the expected fmm the nearest distribution point to destination. and excess freight will be deducted from Invoice when Porchnscr and the Scllcr and the Seiler thereafter indicates its inability nr unwillingness to comply, the Purchaser shipments are made fmm greater distance. may cause the work to be performed by life most expeditious means available to it. and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits. certificates and licenses required by all applicable laws, regulations. ordinances and rules of the state. municipality, territory or political subdivi%inn 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 Fen 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, ordinances, rules and requirements. Authorization. All panics to this contract agree that the representatives arc. in fact, bona fide and p.swss full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limit acceptance to the terms and conditions stated heroin set tomb and any supplementary or additional Icons and conditions annexed hereto or incorporated herein by refcrcnce. Any additional or different tcmvs 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 must Inc effected .within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including. without limitation, acceptance of pamial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have. in addition to other legal and equitable remedies, the option of placing this order clsnvherc 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 ofncgligcnce. such acts of God. acts fcivil or military authorities, governmental priorities, fire, spikes, Bond, epidemics wars or riot provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of life time when the Seiler first received knowledge thereof In the event ofany such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthc delay. 3. WARRANTY. The Seller variants that all goods, 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 care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless fmm any loss. damage or expense which the Purchaser may suffer or incur on account of the Sellers breach efwarmnty. The Scllcr shall replace, repair or make good, without cost to the purchaser. any defects or faults arising within one (U year or within Stich longer period of time as may be prescribed by law or by the terms ofany applicable warranty provided by the Seller after the date Of acceptance of the goad famished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect ear defective work done or materials furnished by the Seiler. Acceptance or use of good by the Purchaser shall not constitute a waiver ofany 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 wamntics .r guarantees, but such liability shall in no event include loss ofpmfit or 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. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the term. other than legal terms, including additions to or deletions fmm the quantitica originally ordered in the specificatinns or drawings, by verbal or written change oiler. If any such change affects the amount due or the time off afannu ce hereunder, an equitable adjustment shall be made. 6. TERM I NATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profit on the uncompleted Portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seiler ofany oftheir obligations as to tiny goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or termination is ordered, 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced. .sold, delivered and Furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorp dated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, nensfcr, or convey this order, or any monies due or to became due hereunder without the prior written consent of the other party. 10. TITLE. The Scllcr warrant full, clear and unrestricted title to the Purchaser for all equipment, mntcrids, and items furnished in performance of this agreement. free and clear of any and all liens, restrictions, reservations, security interest eneumbmnees and claims of others. The Seller shall release the Purchaser and its contractors Of any tier fmm all liability and claims of any .,store resulting fmm the performance efsuch work. This release shall apply men in the event of fmdt of negligence of the party released and shall extend to the directors, officers and employees of such party. The Seller's contractual obligations, including warranty, shall not be decmcd to be reduced, in any way. because such work is performed or caused to be performed by the Purchaser. 14. PA ENTS. 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 front any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract mud shall indemnify the Purchaser for any cost expense or damage which it may be obliged to pry by reason ofsuch infringement at any time during the prosecution or after the completion of the work. In case said equipment. or any pan thereof or the intended use of the goods, is in such suit held In constitute infringement and the use of mid equipment or pan is enjoined, the Seller shall, at its own expense and al its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seiler .shall become insolvent or bankrupt, make an are ignment for the benefit of creditors, appoint a receiver er Trustee for any of the Sellers pmpery or business, this order may forthwith be canceled by the Porchnscr without liability. 16. GOVERNING LAW. The definitions officious used or the interpretation ofthe agreement and the rights ofall parties hereunder shall be construed under and governed by the laws ofthc State of Colorado. USA. The following Additiowd Conditions apply only in eases where the Seller is to perfano work hereunder, including the services of Scllers Representative(%), on the premises ofulhers. 17. SELLERS RESPONSIBILITY. The Seller shall carry On mid work at Seller's Own risk until the same is fully completed and accepted. and shall, in case of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Seller's man expense and to the satisfaction of tle Purchaser. When materials and equipment arc furnished by others for installation or erection by the Seller. the Seller Shall receive, mduad, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. 19. INSURANCE. The Seller shall, at his own expense, provide for the payment .!workers compensation, including oecupalinnal disease benefits, to its employees employed on or in connection with the work covered by this purchase mdcr. and/or in their dcpendcats in accordance with the laws of the state in which the work is to be done. The Seller shall oho carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least 5300.000 for anv one person. S5W,000 for any one accident and pmperty damage limit per accident of S400.000. The Seiler shall likewise require his contractors, if any, to provide for such compensation and insurance, Before any of the Sellers or his contractors cmployces shall do any work upmt the premises of.thers, the Seller 1,111 furnish the Patehascr with a certificate that Such compensation and insurance have been provided. Such certificates .shall specify the date when such compensation and insurance have been pmvided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seiler hereby assutmes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature wh oxnever to persons or progeny caused by or resulting front the execution of the work pmvided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purehaseris Officers, agents and employees From and against any and all claims, losses, damages, charges or expenses, whether direct or indirect and whether to persons or pmperty to which the Purcluascr may be put or subject by reason of any act, action, neglect, emission or default on the part Of the Scllcr, any of his co inictors, or any of the Sellers or contractors olTccm, agents or enuployces. In caw any suit or other proceedings shall he brought against the Purchaser. or its omcers agents or cmployces at any time on account or by reason of any act, action, neglect omission or default of the Seller of nny of his contractors or any of it or their officers, agents er employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all cost, charges, attorneys fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser of any of its or their oRrcm. ,agents or enupl"e¢a in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the pmperty of the Purchaser. or said panics 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 mhenvise The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents. comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safetyand Health Act of 1970 and all rules and regulations issued pursuant Ihccto. Revised 03/2010