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HomeMy WebLinkAbout113664 JORDANS TREE MOVING & MAINTENANCE - PURCHASE ORDER - 3215056PO PURCHASE ORDER 321505er Page i'.Ity of PURCHASE 3215056 + of 2 Flirt Collins This number must appear ,'`�_J`-' on all invoices, packing sli s and labels. Date: 01105/2015 Vendor: 113664 Ship To: PARK MAINTENANCE JORDANS TREE MOVING & CITY OF FORT COLLINS MAINTENANCE INC 413 S BRYAN 1025 SMITHFIELD DR FORT COLLINS CO 80521 FORT COLLINS CO 80524-8565 Delivery Date: 01/05/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2015 Annual 1 LOT LS 50,000.00 PER TERMS AND CONDITIONS OF BID 7473 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.mm Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 base Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DEfA I.S. Tax exemption. By statute the City of Fart Collins is exempt from state and local moat. Our Exemption Rather is It. NON WAIV ER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered will the Collector or Failam of the Pmchasa to insist upon strict performance of me temu and condition hereof, failure or delay to Intemal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1913, Chapter 39-26,114It). execase any rights or remedies provided herein or by law, failure m promptly angry the Silly in the event of a breach, the, mcmptmce ofor payment for goods havanda or approval of the design, shall not release flue Seller of Goad Rejected. GOODS REJECTED due to failure in meet specifications, eidrer when shipped or due to defects of any of she wwmntia or Obligations of this Farmhouse order and shall part be deemed a waiver of any right of the damage in ..it, may be retorted as you for credit and are rat to be, replaced except upon main, of winner purchaser to insist upon strict pMommtt favor or any of its rights of rtmada, as to any such good, Figureless instruction, from the City ofFws Collins. of when shipped, received or accepted, as to my prior in subsequent defult hereunder, nor shall any purposed oral moi ifirstian or rescission of this pu chart review by de, Ptuchaser apmte o is waiver of soy of the terms hspection. GOODS aft subjal to fle Ciry fFa s Collins i ospertion an arrival. hereof. Final Acceptance. Receipt of the FrachmWise, savices or equipment in mspome to this oNre can rault f 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorised payment on the pan of the City of Fos Collins. However, it is an be, understood but FINAL Seller and the Purchaser manguixe Wm . actual a o is practice, archarga molting from mtitmst ACCEPTANCE u dependent upon completion of all appliable regtdred impation edrus pmcu irmi,dimes are in fact home by the Purchaser. Thrremfone, far mod reuse and n conidemfim far executing this purchssc order, the Sella hereby ensign or the Pupchaser any Fund all claims it may mar have or hereafter Freight Terms. Shipments most he F.O.B., City of TOM Collins, 700 Wood SL, Fos Collins, CO M522, unlmss acquired under federal or state antitrust laws for such overcharges relating to the particular good Or services otherwise specified an this order. If permission is given to prepay freight and charge separately, me original freight purchased or acquired by she Purchaser pursuant to this purchase order. bill mot accompany invoice. Additional charges for puking will not No accepted. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distances Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser dire.. the Sella to correct forating m defective goods by a date 10 ba agreed upon by the expected tram the nearest distribution Point to destination, and excess freight will be deducted from Invoice when Purchner and the Scaler, and me Sella thereafter indicates its inability or unwillingness to comply, the Purchvser Shipments are made from greater distance. - may cause the work to be parfonned by the most expeditious mans available to it and the Seller shall pay all casts associated with such work. Permits. Seller shall procure at sellers sole cast all necessary, permits, certificates and licenses required by .11 applicable law. regulations, ordinances and In of the state, municipality, natimry or political subdivision where The Seller shall release the Purchnttr and its commamms of any tier focus all liability end claims Of any nature the work is performed, or required by any Other duly constituted public authority having jurisdiction over the work resulting from the performance ofiuch work. of vendor. Seller further agrees to hold the City of Too Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles This release shall apply even in the event of fault of negligence of the patty released and shall extend w the and r yuimurati. directors, office. and employees of such party. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said panic, LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terns and conditions toted herein set forth and any supplementary or additional terms and condition annexed hereto m inmryommd herein by re&rena. Any additional or different terns and condition proposed by Sella are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedimely if you Formal make complete shipment an move on your promised delivery due as noted. Time u of the essence. Delivery and performance mot be efT ted within fie time shared on the purchase order and the documents attached hereto. No sets of the Purchasers including, without Initiation, uoeptance of partial late deliveries, shall commie us a waiver oftus provision. In the event army delay, fie Fmchnew shall have, in addition to other legal and equitable remedies, the opium of placing this order chowhe , and holding the Seller liable for damage However, the Seller shall rot be, liable for damages as a Fault of delays due in names rest reasonably foreseeable which are beyond its reasonable control sod without its fault of negligence, such acts al'God, tau of civil or military authontia, govmnmental prlondes, fires, strikea, flood, epidemics. wars or nots provided fat notice of the conditions causing such delay is given m me Purchasa within Five (5) days of the ume when the Sella first received kmwledge them(. In the an of my such delay, the due of delivery shall be extended for the period equal to to time actually but by moon ofthe delay. 3. WARRANTY. The Sella warrants shot all good, micles, maraials not work covered by this order will conform with applicable drawings, mess ifications, samples anchor other description given, will be fit For me puryoa intended, and prof ed with the highest degree of arc and compnence in accordance with accepted standard for work of a similar nahim. The Sella agrees b hold m< ase purchr harmless from any lass, damage m e.pence which de Purchaser may sufi or incur on account of the Sellbreach of waranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects our faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the rams of any applicable wamenty provided by me Seller after the date of acceptance of the good famished hereunder (acceptance not to be unreasonably delayed), totaling from imperfect or defective work done or materials famished by the Sella. Acceptance or we of good by the Purchaser shall Far consulate a waiver of any claim under this ..my. Except as otherwise provided in this purchase order, the Sellers liability heemder shall extend to all dmages proximately caused by the breach of any of the foregoing warranties or guaremas, but such liability shall in no event include Ins ofpmfits or lass 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 terms by weft change order 5. CHANGES W COMMERCIAL TERMS. The Purchases may make any changes to the corms, other than legal moms, including additions as or deletions fmm the, quantities onginally mdertd in the spaifiation Or dmwings, by vnbal or written change order. If my such change offer. the omrunt due athe lime of performane hereunder, an equitable ed ornmem skull be made. 6. TERMINATIONS. The Purclaner may at my time by written change coder, umtioate this aware ent as to my our all portion of the good then Out shipped, subject to my equitable ndjatrnent between the parties as to my wok our nowenals then in pmgFess provided thus the Pumhasa shall not be liable for my claims for anticipated pmfita on me uncompleted Portion of the goods anchor wok, for incidental or emsequemlal damages, and that no such Mijusbrcnt be, made in favor of the Sella with respect to my good which are the Sellers sandadd stock. No such temtiretim Stull relieve the Purchaser or the Sella ofemy of their obligation as to my Ruud delivered hereunda. 7. CLAIMS FOR ADJUSTMENT. Any claim fin adjustmer most be asserted within thirty (30) days fmm the date the, change or mmtinatim is oniercd 8. COMPLIANCE WITH LAW. The Seller ..is that ell goods sold heremder shall have ban produced sold, delivered and famished in strict compliance with all applicable laws and regulation to which me goods see subject. The Seller shall amam and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are, hereby incorporated herein by Ws reference. The Sella agrees to indemnify and hold the Purchaser harmless from all costs and damages Suffered by the Purchaser o a result Of the Sellers failure to 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 women anent of the other party. 10. TITLE. The Seller warrants full, clew and unrestricted title In me Purchaser for all aquipmanr mmeriak, and items famished in performance of this agreement, free and clear of my and all lours, restrictions, enervation, s mmiry interest encumbrance and claims fothers. The Sellers contractual obligations, including warranty, shall net be deemed to be reduced, in my way, becaae such work is performed or caused m be performed by me Purchases. 14, PATENTS. Whenever the Sella Or required in use any design, device, material or process covered by letter, patent, trademark copyright, me Sella shall indemnify, and save harmless the Purchaser from any and all claims for infringement by mown of the use of such patented design device, material or pmass m correction with Fhe contract, and Shall indemnify me Furchoer for my roar expense or damage which it may be obliged to Pay by reawa of such infringement at any time during me pmsrcution or ales the completion of the work. In rase said equipment, or any put thereof in rho intended use of the goods, is in such suit held w conumm infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and in its option, either procure for the Practitioner fie right to continue using said gaipmem as pans, replay the same with subnmtially equal but namisfn'tal, equipment our modify it m it beeomas mviWn-Frgmg. 15. INSOLVENCY. If the Sella .lull become i 1.1 or banknpr make an animmens for the benefit of medurns, appoint e mariner Or ware for any of the Sellers property a boimca, this order may forthwith be mangled by its, Forebear without liability. 16. GOVERNING LAW. The definition ofterms oed or the interpretation o[Ne agreement and du rights of all poria hertuMa shall be contused unms and governed "a laws ofthe State ofCrlomdo, USA. The following Additional Condition apply only m cats where the Sella is Or perform work hereunder, including the service of Selleas Raresevmtive(s), m the premises Ofothers. 17. SELLERS RESPONSIBILITY. The Sella shall cam,, on mid work at Sellers own risk .,it the same is fully rompined and accepted, and shall, in case of any accident. destmctirn ar injury to the work anchor materials before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchase, When materials and equipment am famished by others for installation or erection by the Seller, the Seller shall receive, unload, some and handle same at the site and become responsible therefor as though such materials Fri equipment .at being famished by the Seller under the order. 18. INSURANCE. The Sella stall, at his own expense, provide for the payment of workers compensation, including Occupational disease benefits, b its employees employed an or in comer ion with the work covered by this purchase order, anchor ro their dependmLs in accordance with the laws of fie stare in which fie work is m be dome. The Sell. shall also cony comprehensive general liability includin& but not limited as, Struct pal and automobile public liability insurance with bodily injury and dram limits of at least 5300,000 for my one Amon, E500.000 for any one accident and property, damage limit per accident of S400,000. The Sella shall likewise require his camrmmrs, if any, to pmvide installs compensation and inura ke. Before any of me Sellers our her contractor employees shall do my wok upon me premises aromas, the Sellar shall fmish the Purchaser win a calibrate that such confirmation and insurance have been provided Such certificates Sul specify, the date when such compensation and insurance have been proided Such certificate, shall specify me date when such mmpemation and insurance expires. The Sella agrtts that such compen tin and insurance Sul be, maintained until after the entire work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assume She entire raponmility and liability fm my and dl damage, loss or injury crony kind or nature wlnuwever to person or property causal by or resulting fmm de, execution of fie wok provided for th this inscM1ue order or f mmeclimi herewith. The Sella will indemnify and hold hmmlas the Purchaser and my or all of tha Purchasers officers, agents and employees from and against my and all claims, losses, damages, charges or expresses, whether direct or indirect and whether to person Or property m which she Purchaser may be put or subject by rexwn of my amt arum, neglect, omission or default on the part of fie Sella, any of his contractors, or my of the Sellers or contractors affronts, agents or amployres. In case my suit or other procced rip shall be brought against the Purchaser, or its oRcers, agents or employees at any time on mcoam or by maven of any act, action, neglor, omission or default of It Sella of my of his contractors or my of its or their offcers, agents Or employees as aforesaid, the Sella hereby agrees to aroma the defense thereof and as defend the same at the Sellers own expense, in pay my and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against me 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 property of the Purchases, or said parties in or as a Fault of such suits Or other proceedings, the Seller will at Once cause the some in be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall coke all safety precaution, fmish and install all goad necessary for the prevention of accidents, comply with all laws and regulation with regard an Safety including, but without limitation, me Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 07M14