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HomeMy WebLinkAbout463182 THE DAVEY TREE EXPERT COMPANY - PURCHASE ORDER - 9141274Fort Collins Date: 02/27/2014 PURCHASE ORDER Vendor: 463182 THE DAVEY TREE EXPERT COMPANY PO BOX 94532 CLEVELAND OH 44101-4532 PO Number Page 9141274 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: 02/26/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 40 hours of tree work 1 LOT LS 11,200.00 PER WORK ORDER 001-2014 DVT 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 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. COMMERCIALDETA1LS. Tax exemptions. By statute the City of Fan Collins is exempt from state and local taxis. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Ceeifcate of Registry 84-6000587 is registered with the Collector of Inmmal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1923. Chapter 39-26,114 (a). Goods Rejected. GOODS REJECTED due m failure to ..specifications, either when shipped or due to defects of damage in tramil, may be memed m you for credit and we no to be replaced except upon racial of writtm instructions from the City ofFort Collins. Inspection. GOODS are subject to the City of Fan Collins migration on arrival. Final Abo ptarace. Receipt of the merchandise, sa ct or equipment in response to This order ran result in mdun sul paymem on the pan of the City of Can Calif.. Hnseva, it is to Is, understood That FINAL ACCEPTANCE is dependenl upon completion ofall applicable natural impaction pmaduacs. Freight Teats. Shipments must be F.O.B., City of Fan Collins, ID0 Woad St., Fan Collins, CO 90522, unless otherwise specified on This order. If permission is given to prepay freight and charge separatelY. the original freight bill most accompany invoice. Addition) charges for packing will not be accepted. Shipment Distance. NTere manufacturers have distributing points in variants parts of the country, shipment is expected fate the nearest distribution point to destintion, and excess freight will be deducled from Invoice when shipments are made from greater finance. Permits. Sella shall procure at sellers sole cost all necessary, permits. certificates and licenses acquired by all applicable laws, regulation, ordinances and tales of the mile, municipality, teaitory or political subdivision where the work is performed, or required by nay other duly condnted public 0ullsomy having jurisdiction over The work of vendor. Seller fuller agrees to hold the City of Fort Collia hmmless form and again all liability and lass incurred by them by reason of an asserted or established violation of any such lases, regulation, ordinances, tales and acquirements. Authorization. All panics to this contract agree that the representatives are, in fact, honer fide and possess full and complete authority to bind said panic. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the mars and condition stated herein In Each and any supplementary or additional Icmrs and conditions annexed hereto or incorporated herein by reference. Any additional tar diffamt tears and cumdilion proposed by seller arc objected m and hereby rejedN. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENTimmediately if you cannot make complete shipment to arrive on your promised delivery data as muted. Time is of the essence. Delivery and pacrarnnce must be effected within the time stated on the purchase miler and the documents anached hero. No area of the Purchasers including, without limitation, acceptance of partial Ire deliveries, shall opere as a waiver of flus pro, coon. In the event ofany delay, the Purchaser shall have, in addition m other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. Ikwava, the Seller shall not be liable fur 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 ads of Gal, acts of civil or military omhorilia, g,ro m uch al priorities, tires, strikes, flood, epidemics, was; or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of The time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for The period equal faller time actually Ical by reaam ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, spacifie.tiano, samples and/or other dencriptiem given, will bd fil for The pmxi intended, and pafoamed with the highest degree of ere all competence in accordance with accepted standard for work of a similar mare. The Sella 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 of wananly. The Seller shall replace, repair or make good, without cost to The purchaser, any defects or faults arising within one (I) year or within such longer period of time ses may be gratified by law or by the terms ofany applicable warranty provided by the Sella after the date of acceptance of the goods Initiated hereunder (acceptance not to be unreasonably delayed), resulting f imperfect or defective work done in materials burnished by The Seller. Acceptance or use of good by the Purchaser shall not consumer a waiver of my claim under this warranty. Except as otherwise provided in This purchase mda, the Sellers liability hereunder shall extend to all damages Proximately caused by the breach of any of The foregoing warranties or guardntms, but such liability shall in an event include lass of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal is. by written change order. S. CHANGES IN COMMERCIAL TERMS. The Purchsser may make any changes to the temp, other than legal terms, including addition to or delaion from the quantities originally ordered in the specification or drawings, by verbal or written change order. If any such change aRects the amount due or the time of performance heeunder, an equitable adjustment shall be made. 6. TERMINATIONS, The Purchaer may at any time by written change order, terminate this Women, as to any or all Portions of the good then not shipped, subject to any equitable adjnment bclween the parties as many work or materials then in progress provided that the Purchaser shall not he liable for any claims for anticipated profs on the uncompleted portion of the good and/or work, for incidenal or consequential damages, and that no such adjnmeat be made in favor of the Seller with respect to any goals which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any oftheir obligations n to any good delivered hereunder. Z CLAIMS FOR ADJUSTMENT. Any claim for adjnment amet be asserted within thirty (30) days from the data the change or tennimtion is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants fat all goads sold hereunder shall have been produced, sold, delivered and famished in strict a m,houre will, all applicable laws and regulations to which the goods are subject. The Sella shall execute and deliver such documents as 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 to indemnify and hold the Purchaser hmmless tram all casts and damages suffered by the Purchaser as a result of the Sellers failure to comply wif such law. 9. ASSIGNMENT. Neither parry shall assign, trdnfm or convey this Order, or any monies due or to become due hereunder without the prior wriften conceal of the ,be, Amy. 10. TITLE, The Sella wanmts full, clear anal umrslnaed title 10 The Pumhma far all equipment, materials, and items finished in parliaments of this Wartmcnt, free all far of any and all lien, restriction, resm'ations, security armrest encumbrances and claims ofolue a. 11. NONWAIVER. Failure of the Puachner to insist upon stria performance of the terma and scnditions hereof, falluce or delay to any rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a breach, the acceptance of or pay eem for grads hereunder or approval ofthe design, shall nat elasee the Seller of any ofthe waranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereafor any of its rights in remedies as to my such goads, regardless of when shipped, received or accepted, n to any prior at subsequent default hereuarda, nor still any Featured and modification or rescission of this purehasee order by the Pumhasa operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller suit the Purchaser recognin that in actual comearric practice, Overtharges resulting from mtitmst violations are in fact bane by The Purchaser. Theretofore. for good cause and as consideration for executing this purchase ordn, the Seller hereby sssigrs to the Purchaser any cad all claims it may now have Or hereaner acquired under fedcml or scale antitrust laws for such overcharges reading to the particular good of services purchased or acquired by the Parthenon pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller m correct mncgnforming or defective goods by a dale to W agreed upon by The Purchaser and the Sella, and the Sella thereafter irWicases its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the meet expedition mean available 10 it, and The Seller shall Pay all casts associated with such work. The Sella still release the Perch r and its contractors of any her fmm all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party, released and shall extend to the director, officers and employees ofsach party. The Sellers contractual obligation, including warranty, shall not be deemed to be natural, in any way, became 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 covered by Imer, putent trademark or copyright. the Seller hall indemnify and save hmmlen the Purchaser from any and all claims for infringement by reason of the use of such patented 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 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 to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right on continue using said equipment or pars, 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 as assignment for the bensfil of creditors, appoint a receiver err 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 officers; used or the imerpmation of the agreement and The rights ofall parties hereunder shall be conhaed under and governed "a laws of the State ofColoado, USA. The following Additional Conditions apply only in where the Sella is to perform work hereunder, including the services of Sellers Represenuitive(e), on the paradises trfothers. 12. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in case of my accident. destruction at injury to the work and/or materials before Sellers final completion and acceptance. complete The work at Sellers own expense and to The satisfaction of the Purchaan. When materials and equipment are famished by ofers for installation or erection by The Sella, The Sella shall receive, ualand, store anal harWle same m The site and become responsible therefor as though such materials mdA r equipment were being f=mi by The Sella under The order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers sempeasztlon, including accupatioml disease benefits, I. its employees employed on or in corm than with the work several by This purchase order, atM/or to their dependants in accordance with The laws of the suite in which The work is to be done. The Sella shall also carry comprehensive general liability including. but not limited to, sammuctual and automobile public liability imumnce with bodily injury and death limits of an lent S30o 000 for any one person S500,000 for any one accident and property damage limit per accident of S400,000 The Sella shall likewise require his contract, if any, to provide for such campenmum and immune. Before any of nor Sellers or his contractors employees shall do any work upon be premises of others, the Sella shall donnish The Purchaer with a connector that such compensation and insurance have been pmvided. Such emifcatn shall specify the date when such compensation and insurance have been provided. Such c tar ifates shall specify the date when such compenation and insurance expires. The Sella agrees that such tam newation all Immance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENT S AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, lass or injury of any kind or nature wh kaever to persons or property caused by or resulting from 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 cr all of the Purchasers oRcas, agents and employees fmm and against any and all claims, losses, damages, harges or expenses, whither direct or indirect, and whether to persons or property to which the Purchaser may be pm or subject by reason of any act, union. mr,kel, omission or default oa the pan of the Sella, any of his contractors, or any of the Sellers or aamr na, officers, agents or employees. In ase any suit or ther proceedings shall be brought again the Purchase, or its officers, agents or employees at any time on account or by reason of any act, anion, tallest, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers awn expense, to pay any and all ants, charges, attorneys fees and Other apemen, any and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the progeny of the Purchaser, or said panics in or w a result attach suits or other proceedings, the Seller will at once cause the same to be dinalved and discharged It, giving bond or mhawiwe The Sella and his commcrors shall take all safety precautions, garnish and install all gmzrds necessary for The prevention of ecidents, comply with all laws and regulation with regard to afny including, but without limitation, the shemadoml Safety and Health Act of 1970 and all rules and regulation hued pursomt thereto. Revised 0312010