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HomeMy WebLinkAbout463182 THE DAVEY TREE EXPERT COMPANY - PURCHASE ORDER - 9146535PO PURCHASE ORDER 9146535 Page C1171 of PURCHASE 9146535 ' of z ' `t Collins lins This number must appear a V ` 1 1 on all invoices, packing sli s and labels. Date: 11/07/2014 Vendor: 463182 THE DAVEY TREE EXPERT COMPANY PO BOX 94532 CLEVELAND OH 44101-4532 Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS CO 80521 Delivery Date: 11/06/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 2- 4 Person Crew Hourly Rate per work order#002-2014 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 1 LOT LS 22,400.00 Total Pay terms net 30 days 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. COMMERCDM.DETAILS. Tax exemptions. By same, me City of Fan Collins is exempt farm state and local taxes. Our Exemption Number is 98-W502. Federal Excise Tax Exemption Cevifrcate of Registry 84-6000587 is registered with the Collector of ❑ termm Revenue, Denver, Colorado (Ref. Colorado RevisN Senates 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS ROEMD due to failure 0 urea specifications, either when shipped or due to defects of damage in transit, may be reamed to you for credit and are not to be replaced except upon receipt of wmtm instmetions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fan Collins inspection on cancel. Final Acceptance. Receipt of the merchandise, services or compound in response to this enter am result in authorized payment on the pan of the City of Fort Carlos, Broom, it is to i, understood thatFINAL ACCEPTANCE is derand nt upon completionfall appleable required inspection procedum, Freight Terms. Shipments must be F.O.B.. City of Fan Collins, 700 Wood St, Too Collins, CO 80522, unless otherwise slvaifiN on this order. If permission is given to prepay freight and charge separately, the original freight bill most accompany invoia. Additional charges for Packing will act be accepted. Shipment Distance. Where manufacturers have distributing points in cations pans of Me country, shipment is expected from the nearest distribution (pint In destinarion, and excess freight will be deducted from Invoice when shipments are made from Greater distance. 11. NONWAIVER. Failure of me Purchaser to insist upon strict Performance, of the terms ad aWin.. here.[ failure or delay to exercise any rights or remedies provided herein or by few, mlttre to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the watrmties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon stet performance hereefor any of its rights or marches to to any such goods, regardless of when shipped, received or accepted, as to any prior or sulva,mat 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 temms hemof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Purchaser magnum that in rotual ecoromic prectim, overcharges resulting from ativust ,iolaiom are in fact Fame by the Purchase, Theretofore, fro good cause and as mtssiderarion for executing Nis purchase arms, me Seller hereby assigns to me Purchaser any and all claims it may now have or hereafter acquired under fodeel or stale national lion for such overcharges calming to Me particular goods or sm'ices purchau l or acquired by dm Proxima pursuant to this purchase order. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Sells to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Sells thereafter indicates its inability or unwillingness m comply, me Purchase, nury cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all casts associared with such work. Permits. Seller shall procure at sellers sole cast all necessary permits, certificates and licenses required by all appl stable laws, regulations, ordinances and rules 0f the state, municipality, territory or political subdivision where the work is performed, or requited by any other duly constituted public authority having jurisdiction over the work of vend.r. Seller former agrees to hold the City of Pon Collins harmless Tom oad aSaint all liability our loss Imurrsl by them by reason of an resund or established violation army such laws, regulations, ordinances, rules and requirements. Authorization. All ponies to this contract agree Most the represenalises are, in fact bona Ede and possess full and complete authority a bind said ponies. LIMITATION OF TERMS. This Purchase Omer expressly limits accepance to me teas and condition stand herein set form and any supplementary or additional terns and conditions annexed h nca or incorporated herein by reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PL17ASE ADVISE PURCHASING AGENT immediately if you cannon make complete shipment to arrive on your fronted delivery date as noted. Time is of the essence. Delivery and performance must be elfectd within the time armed oa the purchase eder and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance crashed lame delive nee, shall opemme a a waiver of this provision. In the event of any delay, me Purchaser shall have, in addition to other legal and in,iable remedies, the option of placing this order elsewhere and holding Me Seller liable for damages. However, the Seller shall not be liable for damages as a resWt of delays due to causes not memorably foreseeable which arc beyond its reassemble caravel and without its fault of negligence, such acts of God, arts of civil or military authorities, governments] Priorities, Tres. strikes, flood, epplania, wars or riots provided that rpfce of me conditions causing such delay is given to me Purchastt within five (5) days of me time when the Seller first received knowledge therm(. In the event of any such delay, the dam of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goads, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fin for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar whou The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wionce y. The Seller shall replace, repair or make good, without cost to me purchaser, any defects or faults arising within ram (I) year or within such longer peril of time in man be prncriMl by law or by the more of any applicable oorornty provided by the Seller after the dam of acceptance of the good fumishd hereunder gagappr oe not to be unreasonably delayed), resulting from imperf xt or defective work Mane or materials famished by Me Seller. Acceptance at use of good by me Purchaser shall not oration, a waiver army claim under Nis warranty. Except as otherwise provided in this purchase order, elm Sellers liability hereunder shall extend to all damages proximately causal by the breach of any of Me foregoing warantis or mountain, 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. q'he Purchaser may make changes no legal ternrs by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the qua.oms mr,mvlly oammd in the spsifiations or drawings, by scrod or writtim change order. If any such change affect the amount due or the time of performance hereunder, en trainable adjustment shall be made. 6. TERMINATIONS. The Purchaser may or any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject many amiable djmtment between Me ponies as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims far anticipated profs on Me urnomplsed ponion of the goods andror work, for incidental or consequential damages, and that n0 such adjustment be made in favor 0f the Sells with respect no any good which am me Sellers sandal sack. No such lamination shall relieve the Purchaser or the Sells of any of their obligations as, to any good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be courted within thirty (30) days from the dame the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller winners drat all good said hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laps end regulation to which thc goods are subject. The Seller shall annum our deliver such documats as maybe marginal to effect or esidare compliance. All laws and regulations required to be incorporated in agreements of this character era hereby programmed herein by Ibis reference The Seller agrees to indemnify and hold the Purchaser harmless from all casts ad damages suffered by the Purchaser as a result of the Sellers failure to comply with such Uw. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior wrinm consent of the rimer any. 10. TITLE. The Seller warrants full, clear and nominated title m the Purchaser for all equipment materials, and items famished in Rerformorce of this agreement, free and clear of any arW all tiara, ratticmioru, remonstrant, smurity commit encumbrances cod co ms.fomens. The Seller shall relate Me Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the Performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employms of such party. The Sellds contractual obligations, including constantly. shall nor be deemed in be reduced, in any way, beatxu such work is performed or awed to be performed by me Purchaser. 14. PATENTS. Whenever the Seller is requited to we any design, device, ordered or process covered by lefteq patent, tmdaark copyright, the Seller shall indemnify and are bounden the Purchaser to.. any and al I claims for infringement by raven of the use of such patented design, device, material or process in connection wins me content, and shall indemnify the Purchaser fur any cast, expense or damage which a may be obliged 1. pay by reason of such infringement at any time during the prosecution or alter the completion of the work. In am said ryuipment or any pan thereof or the intended use of the goods, n 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 me Purchaser the right to continue using said equipment or pans, replace the same with substamlally equal bur noninfringing equipment or modify it so it becomes n.Wafroging. 15, INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assigammrt fro the braeft of crediast, appoint is receiver or trustee for any of the Sella property or business, this order trey forthwith be anteled by the purchaser without liability. 16. GOVERNING LAW. The defnitiman of terms used or be interpretation ofmv agreement and the rights of all Wo r. hereunder shall be construed under and governed by the laws of die State of Colorado, USA. The following Additional Conditions apply only in cases where me Sells is to perform work hereunder, including the services of5elias Repreunamive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Sells shall carry on said work at Scller's own risk until the same is fully completed ant accepted and shall, in eau of any sucidmt destruction or injury to the .cork andm mammals before Sellers final ..plan. ad acceptantt, complete Me work at Sellers own expense and to Me satisfaction or me Para wer. When materials and equipment are f ishsl by others fan immllatim m erection by the Seller, the Sella shall receive, urdad, store and hadle same at me site and become responsible therefor m Nough such materials coal equipment were being Woodland 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 benefit, to its employees employed on or in connection with the work covered by this purchase order, and/or to her, dependents in accordance with the laws of the sure in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability imurance with bodily injury and death limits of at least $300,000 for any one person, 55mL. for any one accident and property damage limit per accident of S400,000. The Sella shall likewise require his nnnummrs, if any, to provide for such compemati.n and insurance. Before any of the Selkn or his contractors employees shall do any work upon me premises of offers, the Sella shall f ish the Purchaser with a catifcate Must such compensation and insurance have been provided. Such Comfivara shall apiary the daze when such compesation and insurance have been provided. Such canlficates shall specify the date when such compensation i d insurance expires. The Selltt agrees that such compensation and imurdree shall be rreinained anal after the entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofeny kind or nature whatsoever to persons or propeny caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agents and employees from and against any and all claims, lasses, damages, charges or ..penews, whether direct 0r indirml, and whether a pars or property to which me Purchaser may be put or subject by reason of any act, action, neglect, omission or default on Me pan of the Seller any of his contractors, or any of Me Sellers at contortion officers, agent or employees. In case any suit or other pmceedings shall be brought agaitut the Purchases, or is officers, agent or employees st any doe on account or by ¢sun of any act action, neglan, omission or default of me Seller of any of has contractors or ivy of its or their officers, agents or employees as aforesaid the Seller hereby agrees a assume Me defense meant and N defend the tame at me Sellers own expense, to Pay my and all cast, charges, attorneys fees and Omer wracses, any and all judgments flout 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 be placed upon or obtained against the import, afore Purchmem or said parties in or as a result of such suit or other proceedings, the Sells will at once ounce the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall now all samy precomi0ns, famish and install all gourds necessary for the prevention of accidents, comply with all laws and ugulations with regard to safety including, but without limitation, me Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuanuherea. Revised 07 n014