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HomeMy WebLinkAbout463182 THE DAVEY TREE EXPERT COMPANY - PURCHASE ORDER - 3214392PO PURCHASE ORDER 321439er Page CI�/ of PURCHASE 3214392 1012 ' `t Collins This number must appear ` 1 1 on all invoices, packing sli s and labels. Date: 05/09/2014 Vendor: 463182 THE DAVEY TREE EXPERT COMPANY PO BOX 94532 CLEVELAND OH 44101-4532 Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 05/08/2014 Buyer: JOHN STEPHEN Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 1 2014 CONTRACTUAL per terms and conditions of bid 7613 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@fogov.00m 1 LOT LS 50,000.00 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 I. COMMERCIALDETAILS. Tax exemptions. By movie the City of Fort Collins is exempt firm state and local taxes. Fair Exemption Number is ILNONWANER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000580 is registered with the Collector of Failure of the Punctuator to insist upon sme, performance of the It— a di conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exemise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofdre design, shall not release the Seller of Goods Rejected, GOODS REJECTED due to failure 0 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 are nut to be replaced except opan receipt Of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless inxtmdim, from the City of pan Collins. of when shipped, received or accepted, as to any once or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the temp Inspection. GOODS are subject o the City of Fan Collins inspection on amval. hereof. Final Accepance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on The part of the City of Fort Collins. However, it is to IN understood That FINAL Seller and the Purchaser recognize drat in actual anatomic practice, overcharges resulting from antiwar ACCEPTANCE is dependent upon completion ofall applicable required impetion procedures_ violations are in fact home by the Purchaser. Theretofore, far good sense and as eonsidantio t for executing this purchase order, the Seller hereby assigns to the Purchase any and all claims it may now have or hereafter Freight Terms. Shipments must he RO.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under friend or state antitrust laws for such overcharges relating to the particular goods or services Otherwise specified on this code,. If permission is given an prepay freight and charge separately, the original &eight purchased or acquired by the Purchaser pursuant to this purchase Orde. bill 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 puns of the comnry, shipment is If the Purchaser drivers the Seller to correct mnconfumring or defective goods by a date to be agreed Open by the expected from the nearest distribution prim to destoodum, and excess freight will be deduced from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipments are made from greater distance. may cause the work to he performed by the most expeditious means available to it, and the Sella shall pay all mats associated with such weak. Permits. Seller shall procure al sellers sole cost all necessary permits, cenifcara said licenses required by all applicable laws, regulations, oNiwma and rules of dre state, municipality, territory or political subdivision where dte work is pert ed, or required by any other duty ...led public amhodty having jurisdiction over the walk of version Seller further agrees to hold the City of Fort Collins harmless firm and against all liability and loss incurred by Than by reason of on earned or amblished violation of any such laws, regulations, ordiwrrces, roles and requirements. Authorization. All panics on This comma, agree That The rcpresenuares, me, is fact bona fide sad possess full and mplete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terrors 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 term and conditions proposed by seller are objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you ...at make complete shipment to arrive as your promised delivery date as noted. Time is of dre aseara Delivery and perfemtmco must he effected widrin the lime stated on The purchase order road the documents meal ed hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In The event crony delay, the purchase, shall have, in addition to other legal and equitable..at., The option ofpIwm, this order elsewhere and holding the Seller liable for damages However. the Sella, shot[ rem c liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reassemble control and without its fault of negligence, such acs ofG.d. acts of civil or m0iary 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 five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the dam of delivery shall he extended for the period equal to the time actually last by reason of The delay. 3. WARRANTY. The Sella wanaan that all good, articles, ma iamb, and work covered by This order will conform with applicable drawings, specifications, samples ani other descriptions given, will he fit for the pur,mrs intended, and performed with the highest degree of care and competence in newcomer with accepd stmdrds for work of a 'mile nature. The Seller agrees to hold the pushover hmmleu from any loss, damage or expense which the Purchaser may sofa., incur on account of the Sellers breach of wamaj The Seller shall replace, repair or make good, without cost to the purchaser, any defers or faults arising within one (I) year or within such longer peri W of Lime As may be prescribed by law or by the terms of any applicable womanly provided by the Sella after the date of acceptance of the good famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order the Sellers Liability hereunder shall extend to at I damages proximately caused by the breach of any of The foregoing warranties or guammm, but such liability shall in no event include lass of .fix or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purthasa may make changes to legal terms by wTinen change oNer. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any change to the terms, other than legal temp, including additions to or deletions from the quantities originally oNered in the specifications or drawings, by verbal or written change order. If any .such change afTects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change Order, mrmitam this agreement as to any or all Portions Of the good then not shipped, subject to any equitable adjstment between the parties as to any work or materials then in progress provided that the Purchaser shall not he liable for any claims for anticipated prof, , on the uncompleted portion ofdre good and/or work, for incidenal or mnsaryenami damages, and that no such adjusment be made in favor of The Seller with respect to any good which are The Sellers staadd] stock. No such termination shall reline the Purthaser or dre Seller of any ofdrei, oN.,mmis as as any good delived hereunder. J. CLAIMS FOR ADRISTMENT. Any claim for adjustment most be maned within thirty (30) days from the date the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Seller wemmn That all goods sold hereunder shall have been produced, sold, delivered and famished in suit compliance with ail applicable laws and regulations to which the good arc subject. The Sella shall execute and deliver such documm x as may be required to effect or evidence compliance. AIL laws and regulations Treated to be incorporated in agreements of this character art hereby incomme d herein by This reference. The Sella agrees to indemnify and hold The Purchser heirless from all boss and damages suffered by the Parchaser s a result of the Sellers failure to comply wITh such law. 9. ASSIGNMENT. Neither perry shall assign, transfer, or convey Ws Tanker, or my monies due or to become due hereunder without the prior written consent of the other pony. 10. TITLE. The Seller warrants full, clear and unmstriced title to the Purchser for al I equipment, conferrals, and items famished in performance of this agreement, free and clear of any and all limn, restrictions, reservations, security interest cncumbmnca and claims ofodum. The Seller shall release the Purchaser and its contractors of any ran from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the runt of fault of negligence of The parry reload and shall extend to rate directors, officers and employees of such party. The Settees contractual obligations, including warranty, shall not be deemed To be reduced, in any way, because such work is perrmmnl or caused to be performed by the Purchaser. 14. PAL EN IS. Whenever the Seller is required to use any design, device, material or process coved by letter, patent, trademark r copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in correction with the contract, not shall indemnify The Purchaser for any cast, expense or damage which it may be obliged m pay by reason 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 use of the goods, is in such suit held to conclude infringement and The use of said equipment or pat is enjoined, the Sella shall, at in own expense and at its option, either procure for The Purchaser the right to continue using said equipment or pans, replace dre same with substantially equal but noninGnging equipment, or modify it so it becomes noninftinging. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assignment for The benefit of creditors, appoint a receive, or trustee fur any Of the Sellers property or business, this oNer may forthwith be canceled by the Purchase Witham liability. 16. GOVERNING LAW. The defirtitions of terms used or the interpretation ofdre agreement and the rights of all patties haeuMear shall he command under and peamed by the laws of the State ofColomdo, USA. The following Additional Conditions apply only in cones where the Sella is to perform work herewder, including the servicesof Sellers Represenative(s), on the premises crashers. IZ SELLERS RESPONSIBILITY. The Seller shall curry on said work at Seller's own risk until the same is Polly completed and accepted, and shall, in Ta. of any accident, destruction or injury to the work and/or mumal, before sidicea Paul completion and acceptance, complete the work at Series awn expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by others for installation or erection by the Seller, The Seller shall receive, unload, ,lore and handle mono in the vim and become responsible thee(., as though such mown enNOr equipment were beingbanished by the Seller mda the oNer. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compunmim, including rawaatimal disease benefits, in its employees employed on or in connection with the work roved by this purclae order, awl[w To their depeadene, in accordance with the laws of the sate in which the work is to b, done. The Sella shall also any comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with burbly injury and death limits of at least 900,000 for any one person, 5501,(Itlo for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his a ntracmrs, if any, m provide fur such compensation and insurance. Before any of the Sellers or his Ointments employees shall do any ..,it Open The premises of others, the Sella shall famish The Purchaser with a certificate that such compensation and Insurmce haw been provided. Such Certificates shall specify the date when such compensation and insurance have been provided. Such cenificztes shall specify The date when such compensation and monsuce expires. The Seller agrees That such manducrsation and imurnec shall t e maintained until after the ¢mire work is completed and acceptal 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or course whatsoever to person or property caused by or esulting from The execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnity and hold homtless the Purchaser and any r all of the Purchasers officers, agents and employees from and against y and all claims, losses, damages, charges or armors, whether direct or indirect, and whether to person or property to which the Purchaser may be p , ar subpar by reamn of any act, action, neglect, omission or defaul, or The an .1 the Seller, my of his ontractors, or any of the Sellers or contractors officers, agents or employees. In case any suit Or other proceedings shall he brought against The Purchic u, or its officers, agents or employees at my lime on account or by reason of my act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their ofcers, .gads or employers u a( said, dre Seller hereby Tortes in assume, die defense Thereof and m defend dre same at the Sellers own apeme, to coy my and all can, charges, anomey, Rates and other exposes, my and all judgmmn Oat may he incurred by or abound against the Purthase or any of its or their officers, agents or employees in such suits or other proceedings, and in cone judgment or other lien N placed upon or obtainN against the property of the Purchaser, or said panic in or as a result of such suits or oNer pmaedings, The Seller will at once amain the same to he dissolved and discharged by giving band or otherwise. The Seller and his contractors shall take all safety prominent, famish and install all geed necessary for ,he prevention of accidents, comply with all laws and regulations with regard] to safety including, but without limitation, The Occupational Safety and Health Act of 1970 and all roles and regulations issuri pursuant thereto. Revised 03QOIO