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HomeMy WebLinkAbout463182 THE DAVEY TREE EXPERT COMPANY - PURCHASE ORDER - 9146535 (2)PO PURCHASE ORDER 914653er Page C117/ of PURCHASE 9146535 1012 F6r} CollinsCThis number must appear ,�V`-1 ` " on all invoices, packing sli s and labels. Date: 11/28/2014 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 Buver: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 Addendum to PO per work order#003-2014 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 inSil�:rt1 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 1. COMMERCIAL DETAILS. Tax exemption. By statute the City of For, Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Exciu Tax Exemption Candies a of Registry 84-6000587 is registered with Par Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Shores 1973, Chafer 39-26. 114 (a). Goods Rejected, GOODS REJECTED due to failure to meet spocification, either when shipped or due to drivers of damage in bound, may be retuned m you for credit and am not to be replaced except upon receipt of wrinen inmtctions tram the City of Fort Collins. Impbetwo GOODS me subject to the City ofFon Collins inspection on arrival. Final Ameliorate. Raeipt of the memhandise, sera or ryuiPmM in response to this order an mull m milombed payment on the Wrt of the City of FM Collins. Howeveq it 6 to W understood that FINAL ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. Freight To—. Shipments ..at be F.O.B., City of Fort Collins, 700 Wood S1, Fort Collins, CO 80522, Is. Otherwise specified on this under. If permission is given to prepay freight and charge separately, the original freight hill must accnm ram, invoice. Additional chores for catkins will not he accented. Shipment Distance. Where manufacturers have distributing points in varimax Issas of the country, shipment is expected from the nearest distribution point in destination, and excess freight will be deducted from Invoice when shipments am made from greater distance. PMrvts. Seller shall procure at sellers sole card all necessary pandits, cero enter and licenus retained by all applicable him, regulation, ordinance and rules of the stale, municipality, torrius, or political subdivision when, the work is o form, or required by any other duly mrsomed public authority haad,joundidion over Ne work of vendor. Seller father agrees to hold the City of Fan Collins hornless from and against all liability and Ions incurred by them by reason of an asserted or establisbN violation of any such laws, regulations, ordinances, mles and requirement, Authorization. All panes to this commit agree that the representatives are, in far, bow fide and possess full and complete authority to bind said parries. LIMITATION OF TERMS, This Position, Order expressly limit or. to the isms ned mmildwn s.td here set fond and any supplamemary m addition) terns and conditions sumexed hereto or incorporated herein by reference. Any a,dilimml or differem terms and conditions proposed by seller are objected Ins and hereby rejected 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immdiamly if you cannot make complete shipment to arrive an your promised delivery date as noted. Time is ofthe essence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial Ire deliveries, shall miens, as a waiver ofthis provision. In the event of nay delay, the Parch ens shall have, in addition to other legal and equitable remedies, the option of Placing this order elsewhere and holding the Sella liable for damages. However, the Seller shall not be liable for damages n a resull of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without in fault of negligence, such sic. of Gad, acts afciviI or military authorities, gevemmrnndl priorities, fires, strikes. blood. epidemics, wars w riot, provided that notice of the conditiom causing such delay is given to the Partner within five (5) days of Ibe Brae when tlse Seller first received knowledge thereof. In thc event of any such delay, the dam of delivery shall be extended for the period ry.I to the time actualty last by reason oft, delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and Performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser handless from any loss, damage or expense which the Parliamentary suffer or incur on account of the Sellers breach of waranry. The Seller shall replac, repair or make good, withour cost to Ne purchaser, any defecrs or faults arising within ram (1) year or within such longer priced of time in may be presented] by law or by the tams ofany applicable warranty provided by the Seller after the date of accrp.ace of the Scads famished hereunder (acceptance .1 as be Irvmxmnably delayed), r¢uhing from nonracial or defective work done an materials famished by Ne Seller. Acceptance or uu of good by the Purchaser slmll act wanton a waiver of cry claim under this warranty. Except n otherwise provided it this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guartndees, but such liability shall in no event include lass 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 to legal terns by wrinen change other. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes as raw move, other than legal mom, including wintiona to or deletions fmm the classrooms originally ordered in the speationtiom or drawings, by verbal or women change order. If any such change affects the amount dun or the time afperformarme bereua der, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaer may at any time by wrinen change order, terminate this agreement as to any or all portiona of the goods then not shipped, subject to any equitable adjustment between the parries as to any work or materials then in progress provided that the Purchaser shall not he liable for any claims for anticipated profits on the uncompleted portion ofthe good ardor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which art the Sellers xman nail stock No such recriminate shall relieve the Pureluser or the Seller ofany of Neu obligation as to any goods delivered M1sreumder. T. CLAIMS FOR ADJUSTMENT. A, claim fro adjustmrnt mast be assMed within On, (30) days from the date the change or mttninmtim is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants Nat all goods sold hereunder shall have been produced, sold, delivered and famished in strict omplinim with all applicable laws and regulations to which the good are subject. The Seller shall execute and deliver such documents as may be required to effecd a evidence compliance. All laws and r,alone. requ ovi a be incorporated or agreements of this character are hereby marginated hanin by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fro all cost, and damages suffered by the Purchaser as a result of the Sellers failure to comply wind such Law. 9. ASSIGNMENT. Neither parry shall assign, tram(, or convey this onat or any mania due or to become due hen,under witlwn the prior written consent ofthe other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items fumished in performance of this agreement Bee and clean of any and all liens, restrictions, reservations, security interest encumbrances and claims of.ths.. I L NON WAIVER. Failure of the Purthaur to insist upon strict performance of the miss and conditions hetw, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a breach the acceptance of or payment for goods hereunder or approval of the design, shall mat release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser a insist upon said performance hereof or any of its .,his or remedies or to any such goads, regoNless of when shipped, assayed or accepted, as to any prior or subsequent default hereunder, nor shall any Imported and modification w oneasaion of this purchase order by she Purchaser operate as a waiver of any of the tams hen,of. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser romance that in acwl economic promise, overcharges resulting from antitrust violations are in not home by the Purchaer. Thereafam, fro good cause and in consideration for executing this purchase tander, the Seller hereby assigns on the Parent any and all claims d may now have or haeafter acquired under federal or state antitrust laws for such overcharges relining to the particalm goods or services purchased or acquired by the Purchaser pursuanuo this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Practicer direct the Seller to correct nonconforming or defective goods by a date a be agreed upon by the Purchaser and Ne Seller, and the Seller thereafter indicates its inability or unwillingness a comply, the Purchaser may cane Hie work an be performed by the most expeditious mean available to it, and Ne Seller shall Pay all cos. aeswiated with such work. The Seller shall release the Purchaser and its contractors of any tier foam all liability and claims of any nature resulting from the Performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees of such party. The Sellers contractual obligations, including warranty, shall not v deemed to be reduced, in any way, bareness such work is performed or caused to be performed by the Purchater. 14. PATENTS. MNenever rile Seller h natural to use any deed", devim, material or preass wverd by letter, patent trademark as copyright, thr Seller shall indemnify and may hnmless Ne Purchaser from any and all claims fro infringement by rtawa of the vu of such patented design, device, material or process in emm any, win the contact, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged a pay by rennin of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any For thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its awn expense and at its option, either procure for the Purchaser the right to continue using said equipment or Earn, replace the same with substantially actual but noninMnging Nmpmrn, or modify it so it becomes mismanaging. 15. INSOLVENCY. If the Seller shall become insolvent An bankrvp, make an acsi,..l for the benefit of creditors, appoint a onceiver or nmme fro any of the Sellers property, or business, this Other may foMuxith be carmaled by the Purchua without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be wns0ued under and "named by the laws ofthe State of Colorado, USA. The following Additional Condition apply only in taus where the Seller is to perform work hereunder, including the services of ScIL. Represen arivr(n), on Ne premisa of others. 17. SELLERS RESPONSIBILITY. The Seller shall any, on said work at Sellers own risk until Ind same is fully completed and accepted, artd shad, in earn of any accident destruction or injury a the wish ad/ar natenan bet Sella's final completion and acceptance, complete the walk in Sellers own expense and to the satisfaction of the Pacifism, When materials and equipment arc fumishd by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle sane at the sin and become despor ble therefor as though such materials anNm equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expertise. provide for the payment of worker, compensation, including wcuptiotml disease benefits, to its emplayees employed on or is wmnection wind the work covered by this purchase order, and/or to their dependents in accordance with the laws of the sure in which the work is to b , done. The Seller shall also carry comprehensive general liability including, but not limited W. command and submarine public liability imurancr —in bMily injury and death limits of at least 5300,000 for any one person, 5500,000 far any accident and property damage limit per accident of M00,000. The Sella shall likewiu reform his emancmrs, if any, to provide for such compensation and insurance. Before any of she Sellers or his connmmore employees shall do any work upon the premises of others, the Seller shall famish the Purchases with a condone that such compensation and insurance have been provided. Such crn flextrs shall specify me date when such compensation and insurance have been provided. Such cetificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until alter the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby incomes the moire responsibility and liability fro any and all damage, loss or injury ofany kind or nature whatsoever a persona or property caused by or resulting from the execution ofNe work provided for in this purchase ada in in wwection hemwi rL The Seller will indemnify and hold harmless din Purchaer and any cr all of Ind Purchn as officers, ffics, agents and employees from and against nay Wit all claims, losses, damages, charyes or expenses, whether direct or indiral, and wbeoher to person or pmpeny to which the Purchaser, may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Selltt, any of his contractors, or any of the Sellers or contractors affects, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by maven of any act, action, neglect, omission or default of the Seller of any of his contractors or any Of is or their officers, agent a employees as aforesaid, the Seller hereby agrees to assume me defense thereof and to defend the same at the Sellers awn expense, a pay any and all cos., charges, allomin fees and other expenses, any and all judgmmn that maybe incurred by or obtained against Ne PurcMeer wavy of its or their oBVcM, agents an employees in such suits or other procedings, and in case judgment or other lien be placed upon or Obtained against the property ODIC Purehoa, or said panic in or as a heart of awls suits or other proceedings, the Sella will nonce cases the sure to be dissolved and dischargd by giving hood w otherwise. The Seller and his contractors shall take all safety paramilitary, famish and install all ground mOcassary, for the prevention of accidents, comply wish all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulation issued grstrom Nerem. Revised O7n014