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HomeMy WebLinkAbout463182 THE DAVEY TREE EXPERT COMPANY - PURCHASE ORDER - 3214392 (2)PO PURCHASE ORDER 321439er Page C117/ of PURCHASE 14392 ' of z ' `tCollinsr This number must appear V on all invoices, packing sli s and labels. Date: 08/07/2014 Vendor: 463182 Ship To: STREETS DEPARTMENT THE DAVEY TREE EXPERT COMPANY CITY OF FORT COLLINS PO BOX 94532 625 NINTH STREET CLEVELAND OH 44101-4532 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 2 Addendum to PO 1 LOT LS 50,000.00 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.com Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 I. COMMERCIAL DETAIU. Tux ewmptlons. By smorm the City of Fon Collins is exempt from state and local taxes. Om Exemption Number is 98-04502. Federal Exclse Tax Exemption Cmifieae of Registry 8a-6000589 is registered with the Catharine of Imemal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected, GOODS REJECTED due to failure in meet specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written instructions from the City of Pan Collins. Inspection. GOODS are subject to the City of Fon Collins inspection on amend. Final Acceptance. Receipt of the merchandise, seerdces or ryulpment in response to this order can result in authorized payment on the pan of the City of Fiat Colluvs. He—,,, it is m be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable remained inspection procedures. P¢i'I t Terms. Shipments most be F.O.B., City of Fan Collins, IDO Wood St., Fon Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and change separately, the anginal freight bill most accompany invoice. Additional charges for lacking will not be accepted. Shipment Distance. Where manufacturers hive distributing points in various pans of the country, shipment is expected from the nearest distribution point m destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sale cost all necessary permits, cenificmes and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, temmry or political subdivision where the work is performed, or required by any other duly constituted public uuthonry having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins hamtless from and against all liability and loss incurred by them by reason of an returned or established violation of any such laws, regulations, ordinances, rates and aft irements. Authoriestion. All panic, to this contract agree rho the rep xsenutiva art, in fact bona fide am possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance u, the terms and amnions staled herein set fern and any supplementary or additional banns and conditions annexed herem or incorporated herein by retention. Any addlJoml or di lercm mans and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGEN Iimmediately if you cannot make complete shipment to comer, on your promised delivery date as ..led.'time is of the essence. Delivery and performance most be effected within the time stated on the purchase order and the documents armched hereto. No nest of the Purchasers including, without limitation, acceptance of partial late deliveries, shall .,tram as a waiver of this provision. In the rent of any delay, the Purchaser shall have, in addition to other legal am cgeirable remedies, the .,Iran of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a resuh of delays due to causes not materiality foreseeable which one beyond its mweimsblc cannot and without its fault ofnegligewa such acts of Gad, acts of civil or military, authorities, govemmmand priorities, finis, strikes, Rood, epidemic, wars or fiats provided deal notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Soler first received knowledge thereof In the event of my such ddar, she date of delivery shall be extended for the period equal to she time acnally last by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples ardor other descriptions given, will be lil for the puryocs intended, and performed with the highest degree of care and competence in accordance with acce,nd standards for work of a similar nature. The Seller agrees to hold the purchaser hammers from any loss, damage or expense which the Purchaser nay suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such Longer'mod of time as maybe presenbedi by law or by the terms ofany applicable warranty provided by the Sellef after the date of acceptance of be good famished hereunder (acceptance not to be tin a arebly delayed), reading from imperfect or dercective walk done or materials famished by the Seller, Acceptame or use of good by the puchaser shall not constitute is waiver ofany claim order this vu ranry. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damage proximately cowed by the breach of any of the foregoing warranties or guarantors, but such liability shall in no event include loss of profits Or lass of ram. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS POR PURPOSE SHALL APPLY. 4. CI IANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by women change order. 5. CI IANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including mJitions to o, deletions from the quantities ongiwlly ordered in the specifications or 6—ti , by verbal or written change order. If any such change officers the amount due or the time of performance hereundep an equitable mjnslment shall be made. 6. TERMINATIONS. The Pu¢baser may at any time by wimma change order, terminate this agreement as to my or all portions of be goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials be. in progress provided Out the Purchaser shot nor be liable fro any claims for anticipated profits on the uncompleted Lorton of the goods anNm work, for incidental or cc, ax,run sal damages, and Nat an such adjustment be made in favor of the Seller with respect to any goods which art the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany oftheir obligations as m any good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for mjustment most be asserted within thirry (30) days from the date the change or term cation is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants Jut all goad sold hereunder shall have been produced, sold, delivered and fmished in strict compliance with all applicable laws and regulations to which be good are subject. The Seller shml execute and deliver such dmar.. as maybe tequircd I. eRect car evidence compliance, All laws and regulations requital,. be incorporated in agreements of this character art hereby incorporated herein by this reference. The Seller agrees m indemnify and hold the Purchaser harmless f all cords and damages suRend by the Pmmrcher w a result of the Sellers failure or comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written coiner, of the .the, parry. 10. TITLE. The Seller warrants full, clear and constricted title m the Purchaser for all equipment materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, maervatiom, security, interest encumbrances and claims of mho. 11. NONWAIVER. Failure of the Purchaser to insst upon slitter performance of the terms and conditions Ircreof, failure or delay b exercise 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 ofthe design, shall not release the Seller of any ofthe warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hemofor any of its rights or remedies as on any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shot) any puryoned oral modification or rescission of this purchase aide, by the Purchaser opame as a waiver of any of the corms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Side, and the Purchaser recognize that in actual ec is practice, o eelal resulting from antitrust violations are in fact home by the Pumhaur. Therembrefor rgood cause and as consideration for extending this purchase order, the Seller hereby assigns to be Purchaser any and all claims it may now have or hereaRer cxluined under federal or state continuo two far such accretions relating to the particular goods a, services purchased or acquired by the Puchaer pursuant as this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser direce, the Seller to correct nonconforming or detective goods by a date to be agreed upon by the Purchase, and the Seller, and the Seller theteafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to he performed by the most expeditious means available to it, and the Seller shall pay all .it, wowe red with such work. The Seller shall release the Purchaser and its contrdmom ofany tier farm all liability and claims of any nature resulting from the perfor mance ofsuch work, This release shall apply even in be event of fault of negligence of the Early released and shall extend m the directors, officers and employees of such pray. The Sellers a m aacdual obligation, including warmnry, shall wt be demted 1. be reduced, in any way, here. such work is parliament or caused m be pert edby Ne purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, wrom.l or process catered by letter, patent trademark or copyright, the Seller shall indemnify and save harmless the Parch er From any and all claims far infringement by reason of the use of such patented design, device, material or process in connection with the contract, and slmll mdenmify the Purchase, for any cast, expense or damage which it may be obliges) to pay by reason attach infringement at any time during the prosecution or after the completion of the work. In case said crammer, err, or any an thereof or the intended use of the good, is in such out held to co emptne imbinKemem and the use of said qulpmmd or pan is joined, the Se11er shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but manorial equipment m modify it so it becorrcs emotional 15. INSOLVENCY. If the Shcer shall become insolvent or hankrapt make an waigament for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property, or business, this midi may f erbarth be canceled by the Purchaser without liability. Dr. GOVERNING LAW. The definitions of terra used or the iaterprmmion ofthe agreement and the right of all patties hermnde, shall be consbued under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services ofSellm Re,mandativids), on the premises ofoders. .. 19. SELLERS RESPONSIBILITY. The Seller shall arty on said work at Sellrea own risk .,it the same is fully completed and accepted, and shall, in caOnce of my accident, destraction Or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Sidlefs own expense and in the satisfaction of the Purchaser. When materials and equipment are furtished by others for installation or erection by the Seller, the Seller shall receive, unload port and handle same at the site and became responsible therefor as though such materials and/or equipment were being furnished by the Seller under the. order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefts, m its employees employed on a, in connection with the work wonted by this purchase aide,, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also tarty comprehensive general liability including, but not limited to, conbuctunl and automobile public liability insurance with bodily injury and death limits of at least $300,00p for any one nersaR 5500,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his on rralo a, if any, to provide for such compensation am insurance. Before any of the Sellers or his conductors employees shall do any work upon the premises of orders, the Seller shall fumlsh the Enchanter with a cerafrete that such compensation and insurance have been provided. Such ttrtifcztes shall specify the date when such compensation and insurance have been provided Such cenificmes shall specify be date when such compensation and insurance expiro. The Seller agrees then such compensation and insurance shall be maintained until after the mare work is completed and ace"nod. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of my kind or nature what ascon to moons or property caused by or resulting from the execution of the work provided for in this purchase order m in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any Or all of the Purchasers officers, agents and employees from and or., any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of my act, action, negleq omission or default on the pan of the Seller, any of his mnracmrs, many of the Sellers or contractors officm, agents or employees. In mose any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time an commit or by ream. of any azt azfie% neglect, omission or default of the Sells of my of his contractors or soy of its or their officers, agents or employees as aforesaid the Seller bereby agrees to assume the defense throat and to defend the same an the Sellers own experve, to pay any and all costs, charges, attorneys, fees and order expemrs, my and all judgmmu but may be incurred by or obtained a,a., the Purchaser or any of ins or then officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or Obtained against the property fthe Purchaser, or said panties in or as a result of such sails or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving band or otherwise. The Seller and his comraclo , shall take all safety precautions, famish and install all guard necessary for be prevention of tridents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 07ari