HomeMy WebLinkAbout113664 JORDANS TREE MOVING & MAINTENANCE - PURCHASE ORDER - 9141273Fort Collins
Date: 02/27/2014
Vendor: 113664
JORDANS TREE MOVING &
MAINTENANCE INC
1025 SMITHFIELD DR
FORT COLLINS CO 80524-8565
PURCHASE ORDER
PO Number Page
9141273 loft
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
1 40 hours of tree work
PER WORK ORDER NUMBER 001-2014JTMM
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
1 LOT LS
16,000.00
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
1. COMMERCIALDETAIIS.
Tax exemptions. By mount the City of Fort Collins is exempt tram stare and local loxes. Our Exemption Number is
I I. NON WAIVER.
98-04502. Federal Excise Tax Exemption Condit of Registry 84-6000587 is registered with the Collector of
Fail tie" .f the Purchaser 1. ionist upon strict performance of the terms and candition, hereof, failure or delay m
Internal Revenue, Done, Colorado (Ref Colorado Revised Sections 1973. Chapter 39-26. 114 (a)
exercise any rights or remedies provided herein or by law, failure to promptly w,ify the Seller in the event of a
breach. the acceptance of or payment for good hereunder or approval office design, shall not release the Seller of
Goods Rejected, GOODS REJECTED due to failure to meet spalfiratlo e, 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
Manage in cone. may he retumW to you for credit and are not to be replaced except upon receipt of weincn
purchaser m main, upon strict pe,to.. hereof., any of its rights or mmef¢ as to any such good, regardless
instructions from the City of Fort Collins.
of when shipped, received or accepted, as to any prior or subsequent &fault hereunder, nor shall any purposed
am] modification or rescission of this purchase order by fie Patrolmen opera¢ as a waiver of any of the mans
Inspection. GOODS am subject to the City of Fort Collins inspection on urinal.
macof.
Final Acceptance. Rcomp, of the merchandise, sessions, or equipment in ouncro , m this ordo an .11 is
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorved payment on the pan of the City of Fan Collins. However, it is to be understood That FINAL
Seller and the Purchaser recognise that in acnal economic powder, overcharges resulting from antivus,
ACCEPTANCE ¢ dependent upon completion .fall applicable nguired inspection procrMrts.
violations am in fat home by the purchaser. Theremmor for good cause and as consideration for oncoming this
purchaw, order, the Seller hereby .signs TO the Purchaser any and all claims it may now, have or hereafter
Freight Terms. Shipments mum he F.O.B., City of Fan Collins, 700 Woad St., Fan Collins, CO 80522. unless
acquired under reactor or slot[ antitrust laws lam such overcharges relating To Me particular goods or ucrvices
otherwise specified on this order. if permission is given To prepay freight and charge sunset no original freight
purchnmd or acquired by the Pmchaer pursuant 10 Nis Purchase order,
bill must accompany invoice. Additional charges for poking will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers Ruse distributing Points in various pans of The noway, shipment is
Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
expected from the nearest distribution Point to destination, end excess freight will be, deducted from Invoice when
Parch r and the Seller, and the Seller thereafter wheates its inability or unwillingness to comply, the Purchaser
shipments am made from 6reow distanca
may cause the work to be performed by the must expeditions means available to it and the Seller shall pay all
costs associated with such work.
Pemdts. Seller shall procure at sellers sole cost all necessary permi6, coniferous and licenses requited by all
applicable laws, regulations, ordinances and rules of the same, municipality, territory or political subdivision whom
the work is wrEormed. or requinnd by any other duly constituted public authority, havingjusisdiction over the work
Of rend.,. Seller further .grew to hold the City of Fun Collies hmmkss from end .gains, all liability and loss
ed by them by reason Of an asserted Or enablished violation of any such laws, regulations, ordinances, man
incurred
ndrerequirements.
Authodmew. All portion to Nis contract agree that the representatives are, in fact, bona fide and possess full and
omplete authority to bind said prudes.
LIMITATION Op TERMS. This Purchnu Order esprensly limits acceptance to the terms and wnddrow stated
herein net 0mh and any supplemena.ry Or additional terns and conditions annexed hereto or incorporated herein by
reference. Any additional or diftemit mmts and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENTimmediately Ifyou cannot make complete shipment to active on your
,mansard delivery Mat as noted. Time is of the usa,u. Delivery and performance must be etTmled .,,has the time
salted oa the pirely se order and the documents marched hereto. No acts of the Purchasers including, without
limitation, acceptance of partial late delivenes, shall operam on a waiver of this provision. In the event of any delay,
Me Purchaser shall have, in addition to other legal and equitable remedies, the option wplacing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages w a result of delays
due to cosecs no, reawnably foreseeable which arc beyond its rtasowble ca and and wihout its fad, of negligence,
such xm of Gad, acts of civil or military smahoritiw, govemmen al p icri ies, fires, spikes, flood, epidemics, xars or
rims provided That notice of the conditions causing such delay is given to Me Pualuxu r within five (5) days of the
time whim The Seller first received knowledge Thereof. In no event of any such delay, the ate of delivery, shall be
extended far The period equal to The time actually lust by reason Offr, delay.
3. WARRANTY.
The Seller warrants thin all good, articles, mmenals and work covered by Nis mdur will conform wiTh applicable
drawings, specifications, samples and/or other dosriptions given, will be fit for fie purposes intended, and
Performed with the highest degree of on and compemme in accordance with ,caned standard for work of a
wilar wmre. The Seller again, tu hold the purchaser harmless from any loss, damage or expense which The
Puahaser may suBbr or incur on are.., of the Sellers breach of wanwry. For Salle, shall reprove, repair w make
good, without cost To The pualnser. any defects or faults arising within one (I) year or within such longer period of
time as nay be prescribed by law or by The moon of any applicable warranty Provided by Me Seller after The Time of
acceptance of The goods famished hereunder (acceptance rot 10 be unreasonably delayed), resulting from imperfect
or def live work door or materials famished by fie Seller. Acceptance or one of good by the Pachssm shall not
owtitate a waiver of any claim under this warranty. Exca at as otherwise Provided in this pomhnse order, The Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of fie foregoing wmranties
or gwtonmes, but such liability shall in no event include loss of profits or lass of we. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaer may make changes 10 legal team by vnnuen change onda.
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any ch uuwx- to the terms, other thin Iowa] terra, including additions to or deletions from
the quantities originally ordered in the specificatimvs or drawings, by verbal or wrinen change order. If any such
change of ccts the amount due or the time of,,akno uum hereunder as equitable adjustment shall be made.
6. TERMINATIONS.
The Perelman mry a, any time by written change Order, terminate this agreemem an tO any or all pennons Of the
good then not shipped, subject to any equitable adjustmea between the Parries w to any work or materials then in
... for e.. provided Thai the Purehwe, slaill not be liable In, any claims for ..1knoamd prohe On the uncompleted
ponion of The good and/or work, for incidental or eonsryuential Thmopes, and that no such adjustment be made in
favor of the Seller coif respect to any goods which are the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller Of any of their obligations w to any goods delivered hereunder.
]. CLAIMS FOR ADTUSTM ENT.
Any claim for adjustment must be warned within Thirty (30) days from The date Me change or termination
ordered.
S. COMPLIANCE WITH LAW.
The Seller warrants That all goods said hereunder shall have been produced, cold, delivered and burnished in strict
compliance with all applicable Huss and regulations to which Me goods are subject The Seller shall execute and
deliver such documents as may be aauired to efdtcl or evidence compliance. All laws and regula6ars Taryired to be
momparate l in ageeemems of his chamew are hereby incorporated herein by This ref. . The Sol, not to
indemnify and hold he Dominant hormlem farm all costs and damages sulfeml by fie Purchaser as a result of he
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party, shall resign, manager. or convey his order, or any monies den or to become don hereunder without he
poor wrinen consent Oftlm other party.
10. TITLE,
The Seller warrants full, clear and unrestricted title to the panel wer for all tgulpment nationals, and items fumisbed
in performance of This agroemont free and it,. Of any and all fiend, reatodiow, reservations, aernnry interest
encumbrances and csiona fothc..
The Seller shall move, the Purchaser and its contractors of any tier from all liability and claims of any wture
resulting from the performance af.wh work.
This release shall apply even in the event of fault of negligence of the party released and shall extend no the
directors, Officers and employees of such party.
The Sellers cautowwal Obligmiaw, including warranty, shall not be deemed to be reduced, in any way, become
each work is Performed ,, ratend or be performed by the PaTod—or,
14. PATENTT S,
Whenever the Seller is nominal to nw any designdevice, material Or p,Ore.,,sonal by lever, pmorm, Trademark
copyright, the Se llor sbnll indemnify and save harmless the Purchaser from any and all claims for infimmusa t
by reason of the use of such paTcmed 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 any by ras is of such
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 we of The good, is in such suit held 0 constitute inGngement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and at in option, either procure for the
Purchaser the right to continue using and equipment or pars, replace the same with substantially equal but
nominGrnging equipment or modify it as it becomes noninfinging.
15. INSOLVENCY.
If the Seller shall became iwolvem or bmfmpl, make on ressignme d for The benefit of creditors, appom, a
or trustee for any of fie Sellers property art business, Nis major may f rdwash be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions arm= used or The moorpreeati.n ofthe agreement and the rights ofall Tames hereunder shall Is,
cowuued under and governed by the laws of The Stain ofColomdo, USA.
The following Additional Continuous .,ply only in cases when fe Seller is To pert work henundrr,
including fie service ofsellers RepreserutivIXs), on fie premises ofocers.
17. SELLERS RESPONSIBILITY.
The Seiler shall carryon said work at Sellers on risk sued the same h fully completed and accepted, and shall,
in w of any accident, destruction or injury to The work anNm materis6 before Sellers f I completion and
acceptance, complete the work at Sellers own eapeme and to fie musfaniw of fie purchuer. When materials
and equipment am famished by others for installation w monfiou by Me 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 fiturnishod by the Seller under fie order.
18. 114SURANCE.
The Seller aledl, at his own expense, provide for the payment of workers compersation, including occupational
disease benefits, to its employees employed on or in connection with fie work covered by this pinery s order,
and/or to their dependents in accordance with the laws of the stale in which the work is to be cane. The Seller
shall also carry comprchewivr general liability including, but not limited to, contractual and automobile public
I brbiloy insurance ,ith b,dily injury and doom limits or or least $300p00 for any one person, $500,000 for any
one accident and property damage limit per accident of $400,000. The Seller shall likewise require his
motracturs, if any, to provide for inch compenmtion and insurance. Before any of the Sellers or his contractors
employees shall do any work upon fie premiss of ,hers, the Seller shall famish the Purchase, with a unificme
that such compesmion and insurance have been provided. Such cerificmn shall specify the data when nucb
compensation and insurance hive been provided. Such certificates shall specify fie dam when such compensation
and imm unce on,me I he Seiler agrees that such compensation and insurance shall be maintained until after the
entire work is completed and ocepled.
19. PROI'=0N AGAINST ACCIDENTS AND DAMAGES.
The Seller hreby somarne, the once responsibility and liability far any and all damage, Ions or injury ofany kind
or velure whmsmrsons ar to peor property caused by or resulting from fie execution of the work provided for in
,his purchase Dolor or in cowenion herewith. The Seller will indemnify and hold harmless The Petroleum, sad any
r all of the Purchasers officers, agents and employees from and against any and all claims, losees, damages,
charges or expenses, whither direct or indirect and whether to persons or property To which fie Purchaser may
be par m subject by maw. of any an,, action, .,glom, emission or default oo the part of the Seller, any of his
contractors, or any of fie Sellers or contractors officers, agents or employees. In Out, any suit or other
proceedings shall be brought against fie Purification, or its officers, agents or employces at any time an account or
by reuoa of any set action, reglecl, omission or desalt of The Self of any of his commanors art any of its or
Their officers, agents or employees as aforesaid, the Serer hereby agrees To assume me defense Thereof and to
defend The same a, The Sellers own expense, to pay any and all toms, cbags, moneys fees and ,her expenses,
any and all judgmwu That may be incurred by or obtained against fie Purehwef or any of its or their officers,
agents or employees in such suits or other proceedings, and in ease judgmrnt or other lien be placed upon o
cbmined against fie property of the Pabas me. or mid portion n or w ies ia result of swh suits or other proceeding;
he Seller will at omx cause the same 10 M dissolved and Mechanical by giving bond motheswive. The Sell. and
his contractors shall rake all safety precautions, famish and install all guard nuewmy for fie prevention of
accidents, comply with all laws and regulation with regard in safety including, but without limitation. The
Occupational Safety and Health AV of 1970 cost all cols and regulations issued pursuant them,.
Revised 03=0