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HomeMy WebLinkAbout120528 FORT COLLINS TREE CARE INC - PURCHASE ORDER - 3215052PO PURCHASE ORDER 321505er Page C117/ of PURCHASE 3215052 t of z ' `t CollinsCis number must appear " 1 1 on all invoices, packing sli s and labels. Date: 01/05/2015 Vendor: 120528 FORT COLLINS TREE CARE INC 301 E DOUGLAS RD FORT COLLINS CO 80524 Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS CO 80521 Delivery Date: 01/05/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Ordered Unit Price Extended Price 1 2015 Annual 1 LOT LS 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. 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 10,000.00 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 L COMMERCIAL DETAILS. Tax exemptions. By mimic the City of Fit Collis is exempt from stae and local taxes. Our Exemption Number is I I. NONWAIVER. 98-04505, Federal Excise Tax Exemption Cmificate of Registry 84fi 587 is registered with the Collector of Failure of the puchasa to insist upon strict prfoammce of me tams and Conditions hereof, failure a delay Io Internal Revenue. Denver, Colorado (Ref Colorado Revised States 1973, Chapter 39-26, 114 bd asourcim any rights or remcdics provided herein or by law, failure to promptly notify the Seller in the .at of a breach, the acceptance of or payment for goods hereunder or approval ofbe designs shall not release me Seller of Good Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of mY of the warmaties or abligalimns of this purchase.nder and shall Are be deemed a waiver of any right Of the damage in transit, may be re umal to you for Coal, and are not to be replaced except upon racipt of writ Fantasia to insist upon and pert omumc hamfor any ofits rights or remedies as to my such goods, regardless instrucfions from me City of Fiat Collins. of when shipped, roomed Or acce td, as to my prim a subsequent dfault herendder, nor shall my purposed and mndificat an or rescission of this purchase order by the Puchasa operate as a waiver of any of me tents Inspection. GOODS are subject h the City of Fair Collins impaction on arrival. hereof Final Acceptance. Receipt of the mcrchmdise, services or equipment in response to this order can main in 12. ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment on the pan of me City of Fan Collins. However, it is to be understood that FINAL Seller and the Purchaser recognise that in what economic practice, warrantor resulting f mtioust ACCEPTANCE is dependent upon completion of all applicable ralui,ed inspati.n procedures. violations am in fact home by me Purchaver. Theretoforefor good muse and as consideration for executing this purchase order, me Sella hereby axsigns to the Purchaser my and all claims it may now have or hereafter Freight Tema. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular good Or services Otherwise specified on this aide,. Ifpermiseion is given to prepay freight and charge separately, the anginal freight pmclased or acquired by me Purchaser pumanuo this purchase order. bill must acvompany invoice. Addition[ charges for packing will not be accepted 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufturers have distributing points in various pans of the country, shipment is tribe Purchaser directs the Seller to coned nonconforming or detective good by a dte to be agreed upon by the expected from the nearest distribution Point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments art made from greater distance. may wove the work to ba performed by the most expeditious meats available to it, and the Seller shall pay all costs associated with such work. Permits . Sella shall procure at sellers sole cost all necessary pemtits, cenificater and licenses required by all applicable laws, regulations, ordiumcm and rules ofbe slate, municipality, territory or political subdivision where the work is performed, Or required by any other duly Constiited public authority havingjunss iction over the work of vendor. Sella further agrees to hold me City of Fort Collins handers from and agaimt all liability and loss incurred by them by reason of an assured or established violation of any such laws, regulations, ordinances, roles and requirements. Authoritarian. All parties h this ronuml agree this, the repaxeam sees are, in Not, Sara fish, and possess full Pont Complete authority to bind said pries. LIMITATION OF TERMS. This Purchase Order expressly limits mcepi. m the tams and comilmas sorted herein ul fond rind any supplementary a additional term and Conditions umexed hereto or incorporated brain by reference. Any additional or dif arm terms and Conditions proposed by seller ea objected to and hereby, ajecred. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you or make complete shipment to arrive on your Promised delivery date as noted. Time is of nc eseom. Delivery and performence ..it be effected within Me time stated on the purchave order and the documents arched hereto. No acts of me Purchasers including, without limitation, acceptance of pmial late deliveries, Most opiate as a waiver Plans provision. In the event crony delay, the Purchaser,hull have, in addition to other legal and equitable remedies, the option of,laciu, this order elsewhere and holding the Seller liable for damages. However, Me Seller shall not be liable for damages as a result ofdelays due to tames not r asombly foreseeable which we beyond its reasonable comml and without its fault of negligmc such acts of Gad, cats of civil or military authorities, governmental pnorilies, fires, strikes, flood, epidemics, wars or fiats 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 therm[ le the event of any such delay, the data of delivery shall be extended for the period equal to the time actually last by resin ofhe delay. 3. WARRANTY. The Seller warrants that all goad, articles, numnals and work Coveml by this order will conform with applicable drawings, specifications, samples mGr othm descnptiomu giver, will be fit for me puryous intended, and performed with me highest degree of care and competence in wmrdarmce wit accepted standud for work of a similar mture. The Seller agars to hold me puchaser harmless from my loss, damage or expme which the Purchaser may suffer or motion mComt ofbe Sellcm breach ofwamnty. The Sella shall replace, repair at make good, without cost to me purchaser, my defeat a faults mixing wind. one (1) year or within such longer period of time as may be prescribal by law or by Me term of my applicable wmanty provided by the Seller after the date of acmpance of the good Burnished hereunder (wmuccom not to be unrrawmbly delayedh resulting from imperf r or defective work done or materials bummed by the Sella. Acceptance or use of goods by die Purchaser shall rat Corsitute is waiver of any claim aides nis wamnly. E-opr as m1sarwise provided in this purchase order, me Sellers liability h.under shall extend to all damages proximately roused by the breach of any of me foregoing wanmttes or guammces, but such liability shall in no event include loss ofprofits or loss of use. NO IMPLIED WARRAMY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by winners change order. 5. CI IANGES IN COMMERCIAL TERMS. The Purchaser may make any changes m the lama, other than legal tams, including additions to or dclatans from the gmmitior migim illy mdenal in the specifications in drawings, by verbal or written change order. If any such change aRects the amount iliac or the time ofpafomance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Pumhaser may .t any time by written change .Me, terminate this agreement as to any or all onions of the good then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted ,onion of the goods m Vor work, for incidental ce co yttial damages, and that no such adjustment be made in favor of the Seller with respect in any goods which are me Sell. standard stock. No such termination shall relieve me Proclaim, or the Sella of any ofthen obligations as to any good delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. AV claim for odjustmem must be aasened within thin, (30) days from me dale me change or termination is ordmd. 8. COMPLIANCE WITH LAW. The Sella xartanoa sat all good sold hereunder shall have been produced, sold, delivered snd furnished in visit, Compliance with ull applicable laws and regulations to which the good am subject. The Sella shall execute and deliver such documents as may M required to effect or evidence compliance. All laws and regulations required to be imorpomted in agreements of this Charisma ere ha6y mcor muded herein by this reference. The Sella agrees to indemnify and hold the Purchaser formulas fmm all Costs and damages suffered by the Purchaser a a result of the Sell. failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, number, or Convey this order, or my monies due or to become due hereunder without me prior wdum consent of the other party. 10. TITLE. The Seller warrants full, clear and umesnicted title or me Purchaser for all equipment, materials, and item famished in performance of this agreement. far and clear of my and all hens, restrictions, reservations, saunty interest ,..cumbrances and claims of others. The Sella shall release me Pumhwer and its contractors of any her from all liability and claims of any name resulting from me performance ofsuch work. This release shall apply even in Me event of fault of negligence of the pray released and shall extend to me directors,.ficas and employees ofsuch parry. The Sellers ron.ac,ml obligations. including wmmnt , shall not be doomed to be reduced, in my way, because such won, is performed or caused to be performed by me Pmchasa. PC PATENTS. Whenever the Sella is required to use my design, device, msu rial at proross Covered by later, plant, aademark or Copyright. 0e Sella shall indemnify and save hmmlm me Purclaser from my and all claim for infringement by reason of me use of such patented deign, device, ma irml or process in amcctim with me contract, and shall indemnify the Purchases for my cast, expense or damage which it may he obliged to pay by reason ofsuch infringement at any time during the prosecution or after me completion of me work. In case said equipment, or any pan thereof or Me intended use of the goad• is in such suit held 1. c.nsumte infringement and the use of said equipment or part is enjoined, the Sella shall, in its awn expense and at its option, either procure for the Purchaser me right to continue using said equipment or most, replace me same with substantially equal but no unfdnging equipment, or modify it so it becomes noninGnging. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make ea assignment for the benefit of creditors, appoint a receiver or mome for y of the Sellers property or business, this coda may forthwith be canceled by the Puhaser mwithout liability. 16. GOVERNING LAW. The definitions of tams trial or the interpretation ofbe agreement and ne rights oFall parties hammer shall be construed under and governed by due laws of the Store of Colorado, USA. The following Additional Conditions apply only in sous whim, Me Seller is to perform work hereunder, including the s.icesol'Sellers Repcsrntitivor), on the premises of others. IT. SELLERS RESPONSIBILITY. The Sella shall wry an said work at Seller's own risk until be sonic is fully completed and accepted, and shall, in cave of my accident lest action or injury to Me work zndror materms bet Seller's final Completion and wo,s ance, complete the work at Seller's own aspnu end m th, satisGci as of tha Purchaser. When materials and equipment are finished by others for tnsmllatin. ar Cacti.. by the Serer, the Seller shall receive, unload, store and hmmNe some, at Me site and become rusponsble therefor as though such materials Callon equipment were being fmishal by me Sella mdec the order. I I. INSURANCE. The Sella shall, in his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in Connection worm the work covered by this purchase order, and/or to their dependents in wcordmce with the laws of me state in which the work is to be done. The Seller shall alto carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and dram limits of on least S300,00) for any one person, $500,000 for any one accident and property damage limit per accident of $400,000, The Seller shall likewise require his Contractors, if my, to provide for such compensation and insurance. Before my of the Sellers Or his contractors employees shall d0 City work upon the premises of others, the Sella shall fiunish the Purchaser with a certificate mat such Compensation and insurance have been provided. Such certificates shall specify the date when such Compensation and insurance have been provided. Such cenificates shall specify the date when such compensation and insurance expires. TM Sella agrees that such Compenaton and inurmce shall be =trimmed writ after the come work is complecal and wcepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes me entire responsibility and liability for any and all damage, loss in injury army kind or nature whatsaaer to persons or property, tamed by or resulting fmm Me execution ofbe wan, provided for in this puchast, order or in rotureaion herewith. The Seller will indemnify and hold harmless the Purchaser and my or all of the Purchasers officers. agents and emplay. from and Pl a in my and all claims, loses, damages, charges an expmcs, whether direct or indirect, and whether to persons Or pmpeny to which the Purchaser may be put or subject by reason of my wt, action, neglas omission or default on me pan of the Sella, my of his Contractors, or my of me Sell. or Contractors Officers, agents or employees. In rose my suit or other proceedings shall be brought against the purchaser, or its.ffic., agents or employees at my time on acmmt or by reason of my cat, radon, neglect, omission or default of me Sella of my of his contractors or my of its or the'ar alic r, agents a employees as aforesaid the Sella hereby agrees to .. me demom thereof and h defend the same in the Sellers own expense, h pay my cad all Costs, charges, attorneys fors and other expenses, my and all judgrummi that may be incurred by at obtained against me Pannonia or my of its or their oRc., agents or employees in such suits or other proceedings, and in case judgment or other lien nd placed upon or Obtained against me property, of the Puchasur, or said pries in or as a result of such suits or other proceedings, Me Seller will at once cause me same to be dissolved and discharged by giving bond or otherwise. The Seller and his Contractors shall Pike all safety precautions, furnish and install all guard necessary for the prevention of accidents, comply with all laws and regulations wit regard to safety including, bar without limitation, the Occupational Safety and Health Act of 1920 and all roles and regulations Issued pursuant thereto. Revised 07n014