HomeMy WebLinkAbout515011 AFM TREE SERVICES LLC - PURCHASE ORDER - 9141885Fort Collins
Date: 04/03/2014
Vendor: 515011
AFM TREE SERVICES LLC
3912 ELMHURST DR
FORT COLLINS CO 80526
PURCHASE ORDER
PO Number Page
9141885 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: 04/03/2014 Buver: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Block Pruning
PER WORK ORDER 001-2014 AFM
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
19,363.21
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. COMMERCIAL DETAILS.
Tax exemptions. by statute the City Of Fan Collins is exempt fmm there and front texas. Our Exemption Numbs 6
11. NONWAIVER.
98.04502. Federal Excise Tax Exemption Certficare of Registry 844s000587 is mi,brartd with the Call.., of
Failure of den Pumhaur to insist upon strict pert argue mWs attd conditions Mn:of failure m delay to
Internal Revenue, Denver, Colorado (RCE Colorado Revised Starutw 1973, Chapter 39.26, 114 (a).
exercise any rights an remedies provided herein or by law, ftilme m promptly notify the Seller in the event of a
bench, the acceptance ofor WMeet for good hereunder or approval of the design, shell not release the Seller of
Good Rejected. GOODS REJECTED due to failure to area spaificatiom, either when shipped or due to defects of
any of the warranties or obligations of this purchase order and shall het M deemN a waiver of any right of the
damage in uansit may M retuntM to you for credit and arc act to M rrploc<d except upon receipt of wmmm
purchaser m insist upon super ed., f rmular avy of its rights or remedies as in any such Inds, regardless
instructions from the City of Fon Collins.
of when shipped, received or accepted, as to my prior or adhesional default hasunder, nor shall any par onM
oral modification or rescission of this Produce order by Me Purchaser opemle as a waiver of any of the Wants
Impaction. GOODS arc subject to she City of Fan Collins inspection on arrival.
hereof.
Final Acceptance Receipt of the merchandise, services or equipment in nnpnse to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
auffi tioad payment oa fie pan of the City of Foe Collins. However, it is to be understood that FINAL
economic
Seller and the Purchaser recognize that in actual a m is practice, Overcharges resulting froantitrust
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violations are in fact home by the Purchaser. Theretofore, good cause and as consideration fur executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Temrs. Shipments most be KOM, City of ran Collins, 700 Wood Sr, Ford Collins, CO 80522, unless
acquired under federal or state antitrust laws for such overcharges relating to the particular good or services
otherwise speolird on this order.Ifpemiiwim is given to prepay freight and charge srprutely, the original freight
purchased or acquired by the Purchaser pursuant to this purchase maker.
bill must accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
point, various cm. isn
ShipmentDistance.thce.Wheremanutionpi have d3tribin,
If Purchaser to be upon by
a datelingness
Seller mronecr nonemnformtngordability
isthedfrom,voice whed
expected from the neatest distribution point m destination, and excess frta6ht will M deducted from Invoice wM1en
and
thMorris lthe
the
Indicants its inability or unwillingness to comply, fie Purchase
Purchaser or unwilcomply,
Purchaser and the and the Seller ythe
shipments art made from greater distance.
ship
by the most expeditious mcarrs available to it, road the Seller shall pay all
work Most
may cause the work to be
orformeJ
osm nsauted with such work.
Perna m. Seller shall p.m at sellers sole cost ell na ., permits, ttnifeates and licenses rquired by all
applicable laws, regulations, mcbranen and wiles of the state, municipality, territory or Political subdivision where
Me work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to Mid the City of Fart Collin harmless from and against all liability and loss
incurred by them by crossed of an moment or nmblisted violation of my such latex, regulations ordirenen, rules
and requirements.
Authorization. All Paribas to this contract agree Mat the representativas arc, in fact, Mai fide and possess full and
complete autMrity to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly haam acceptance to the terra and conditions stated
herein sal fnnh and any supplementary or additional Nmns and conddiom annexed hereto or inmrlwmted herein by
reference. Any additional or different erms and conditions proposed by seller art objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive On your
promised delivery date as noted Time is of the essence. Deliveryand perfanounce must be effected within the time
stated on the Furchau order and the documents attached hereto. No pots of the Purchasers including, without
limitation, acceptance of panial 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 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 are beyond its reaonably control and without its fault of negligence,
such ens efGod, acts Ofev it Or military nuthnames, governmental priorities, fiats, strikes, food, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to the Purelmer within five (5) days of Me
time when the Seller fiat 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 last by reason of the delay.
3. WARRANTY.
The Seller woman that all goods, wi iclex, matmals and work covered by this order will conform with applicable
drawing.', specification, samples mWor offer deutiptios, given, will M fit for the purposes immi and
performed with Men highest degree of rare and competence in accordance with accepted sfardard for work of a
imifar on. The Seller ii i as Mid the purchaser harmless from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers branch criminally. The Sellershall replace, repair ar make
good, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer pried of
time as may be prescribed by law or by the most army applicable warranty provided by Me Seller after Me date of
acceptance of the goods famished hereunder (acceptance act o be unreasonably delayed), resulting Pont impaf t
or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall nat
continue a waiver of any claim under this wommty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all daam,,a proximately caused by the breach Of any of the foregoing warranties
or guarantees, but such liability shall in no event include loss 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 an legal mans by when change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the moms, other than legal more, including additions to or deletions fmm
Me quantities originally ordered in the specifications Or drawings, by cabal or wrinrn change cake,If any such
change affrcfs the amount due or the time of perman force herttt ealer, an equitable adjustment shall be m.ade.
6. TERMINATIONS.
The Purchaser envy at any time by written change osier, termirate Nis agreement as to any or all portions of the
goods then not shipped, subject to my equitable adjustment betwern the parties as to any work or nationals Men in
progress provided Matt the Purchaser shall not M liable for any claims for adlicipted profits on the uncompleted
,anion of the good and/or work, for incidental or consequential margins, and that no such edjustmrnt be made in
favor of the Seller with respect to any good which are the Sellers mankind stock. No such termination shall reline
the Purchaer or the Seller army officer obligations as b any goods delivered hereunder.
I. CLAIMS FOR ADJUSTMENT.
Any claim for w1justment most M asserted within thin, (30) days Earn the dam the change or termination is
ordered
S. COMPLIANCE WITH LAW.
The Seller warrants chat all good sold hereunder shall have been produced, sold, delivered and fmished in strict
cumpliance with all applicable laws and regulations to which the goads are subject The Seller shall execute and
deliver such documents as may be required to effect Or evidence compliance. All laws and regolalions required to be
incorporated in agreements of this character me hereby incarpommd herein by this reference. The Seller agrees to
indemnify and hold the Purchaser handless from all costs and damages satTered by the Purchaser as a result of Ne
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this of or any monies due or m become due hereunder without the
Prior written consent ofthe other party.
I O. TITLE,
The Seller warrants full, clew and tmrestricmd fide m the Purchaser for all equipment, materials, and items ftWishd
in perfomtaroe of this agreemeift f and clear of my and all liras, resu9ctione, reservations, security ancient
encumbrances and claims ofothers.
The Seller shall telease the Purchnsn and its manothi , of any tier from all liability and claims of any nature
rnahingf Me performance of such wad.
This release shall apply even in the event of fault of negligence of the party Mnued and shall extend to the
directors, officers and employees crouch puny.
The Sellers contraction obligations, including warranty, shall not M damed to be reduced, in any way, bo m u,
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
WMnevenhe Seller is required to use any design, device, material or process covered by lever, patent, trademark
or copyright, the Seller shall indemnify and save Joumless fie Purchaser fmm any and all claims for infringement
by reason of the use of such patented design, device, material or process in connection with the contract, end
shall indemnity the Purchaser for any cost, expense or damage which it may M obliged to pay by reason of such
infringement at any time during (lie 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, he Seller shall, at its own expense and at its aptian, either procure for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
noninMnging equipment, or modiIf it so it becomes Maninfringbtg.
15. INSOLVENCY.
If the Seller shall become insolvent or Maintain, make an assignment for the benefit of credi ars, appoint a
or Woke for my of the Sellers property or bosinecs, Nis miler may forthwith be canceled by the
Purchaser without liability.
M GOVERNING LAW.
The darinnom arm. used or the interpretation offM agreement and the rights of all parties MrcuMa shall M
comwed under and govemed by the lawn of the Scale ofColo ado, USA.
The following Additional Conditions apply only in con,i where the Sella is to perform work harevader,
including the services of Sellers Representative(s), on the premise, cranMrs.
17, SELLERS RESPONSIHILII'Y.
The Seller shall carry on said work at Sellers own risk hard the same is fully completed and accepted, and shall,
in woe of any accident, destruction or injury to the work earliur materials before Scllds firm] completion and
acceptance, complete the work at Seller's own expense and to Me satisfaction of the Purchaser. Whom material,
and equipment arc furmaled by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle same al the site send became responsible therefor as though such materials and/or equipment
was being famished by the Seller under the order.
18. INSURANCE,
The Seller shall, at his own expense, provide for Me payment of workers compensation, including occupational
disease benefits, to its emplayas employed on or in connection with Me 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 M done. The Seller
Mid also carry cont,rehensive genml liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of at least 53W,000 for any one person, 5500,000 for any
one accident end property damage limit per accident of 5100,000. The Seller shall likewise require his
contractors, if my, to provide for such compemation and insurance. bet any of Me Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a coat fiwte
Met such compensation and insurance have been provided. Such certifwtn shall specify the date when such
compensation and insurance have been provided Such mtifiwtes shall specify the data when such compensation
and insurance expires. TM Seller agrees not such compmom on and insurance shall be mniaaired anti] abler Me
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby reunion Me entire responsibility and liability for any and all damage, low or injury crony kind
or nature whakoever to pesom or progeny caused by or resulting fmm the execution of the work provided for in
this purchase order or in connection MrewiN. The Seller will indemnify and hold handless the Purchaser and any
r all of the Pembina. office., agents and employees fmm and against any and all claims, Irises, damages,
charges or expenses, whether direct or indirect, and whether to persons or property m which the Purchaser may
M put or subject by reason of any act, action, neglect, omission or default on the part of Me Seller, any of his
contractors, or any of the Sellers or contractors offices, agents or employees. In coca any suit or other
proceedings shall he brought against the Purchaser, or its Offii agents or employees at any time on accoum or
by reason of any act, action, neglect, omission Or Making of the Seller of my of his contractors or my of its or
their officers, agents or employers as of rmodd, Me Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, to pay any and all costs, charges, atmmgs fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment or other lien M placed upon or
abeained again the property of the Purchaser, or said parties N or as a result of such suits or other proceedings,
Me Sella will at once cause the same to be dissolved and discharged by giving bond or otMrwise. The Seller end
his commctors shall take all arely prtcautions, famish and unroll all guard necessary far the prevention of
accidents, comply with all laws and regulatimns with regard as safely minding, but withoul hatimMn, the
Oecupatimul Safety shad Health Act of 1970 and all rules and mini Men issued pursuant therein.
Revised 03a(HO