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HomeMy WebLinkAbout120528 FORT COLLINS TREE CARE INC - PURCHASE ORDER - 3215076Fort Collins PURCHASE ORDER Date: 01/09/2015 Vendor: 120528 FORT COLLINS TREE CARE INC 301 E DOUGLAS RD FORT COLLINS CO 80524 PO Number Page 3215076 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 01/08/2015 Buyer: Note: Line 1 2015 CONTRACTUAL Description 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.00m 1 LOT UOM Unit Price Extended Price LS 3,000.00 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. COM IERCIAL DETAILS. Tax exemptions. By statute the Ciry of Fad Collim is exempt from state ad local axes. Our Exempton Numbes is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cmificam of Registry M-6000589 is registered with the Collector or Failure of the Purchasar to insist upon smut pert once of the xnns and rondo,. thereof, failure or delay to Internal Revenue, Dmveq Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exercise my rights or remedies provided herein or by law, failue to promptly notify the Seller in the event of a breach, the acceptance ofar payment for goods hereunder or approval of life design, shall not release the Seller of Goods Rejected. GOODS REJECTED doe to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be, deeroW a waiver of any right of the damage in transit, may be rerumed to you for credit and am not a be "Lead except upon receipt of written purchaser of insist upon strict performance hermfor any of its tigbss or remedies as of any such goods, regardless in5wetions f the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default lowlands, we shall any prepared and modification Or rescission of this purchase other by the Purchaser opemx as a waiver of any of the terms Inspection. GOODS ere subject a the City of Fort Collim inspection on arrived. hermf. Final Acceptance. Rexcipt of the merchandise, service or equipment in repome as this mda ten result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the par of the City of Fart Collins. However, it is to be understood Out FINAL Seller and the Paohzses magnum that in cowl examphic practice, overcharges resulting frommtinning ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violation arc in fast home by the Purchaser. ThCMoforfor good muse and as mnsidemtion for executing this purchase order, the Seller hereby msims to the Purchaser any and all claims it may now have or hereafter Freight Tenor. Shipments must b , FRB., City of Fog Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or sate antitrust laws for such overcharges relating to the particular gmda or services otherwise specified on this order. If permission is given a prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursumt a this purchase order. bill most accompany invoice. Additional charges fro making will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where mmufac. have disgorging points in variaos pars of the country, shipment is Ifthe Purchaser direct the Seller to correct nonconforming or defxtivegoods by a date to be agreed upon by the expected form the factual distribution point to destination, real excess freight will be deducted from Invoice sob. Purchaser and the Seller, and the Seller themaner idiesta its iwbiliry m mwillmgness to comply, the Purchmm shipment are nude from grmxr distance. may came Bob work as be, performed by the more apedniam means available or it, and thc Seller shall Pay all test associated with such work. Permit Seller slat] procure at sellers sale cost all necessary permit, certifcate and liawe required by all applicable laws, regulations, ordinances and mles ofthe sate, municipality, territory or political subdivision where the work is performed, or racial by any other duly consumed public .,badly L,nit, oisdimion over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss reed by them by reason of an assured or established violation of any such laws, regulations, ordinances, roles and ca.m mart. AUOwrirarim All pmie to this ten ucal agree Out the uFfewpornmet are, in fuel bona file ad possess Poll end complete authority a bid said parries. LIMITATION OF TERMS. This Purchase Order expressly limits map. a the rent ed cans itiom sated herein set forth and any supplementary or additional toms and conditions annexed hereto or incorporated herein by reference. Any additional or di@om, a. ad conditions proposed by seller are objected to and hereby fared. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised deliverydate as noted. Time is of the essence. Delivery and performance muss be effected within the time sated on the purchase order and the documents mashed hereto. No act of the Purchasers including, without limits ion, acceptance of wrtial late deliveries, shalt operate as a waiver of this provision. In the cant of my delay, the Purchaser shall have, in addition a other legal ed 'viable remedies, the option ofplacing this order cluwhag, vud holding the Sella liable for damages. However, the Seller shall not be liable for damages as a result of delays due to muses not reasonably foreseeable which arc beyond it reasonable control and without it fault of negligence, such act fGod, act ofcivil m military mthorifies, govemmmal parities, Greta sdike n food, epidemics, wars or riots provided that notice of the conditions coming such delay is given to the Purchmm within five (5) days of the time when the Seller First received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for fie period equal to the time actually last by reason of the delay. 3. WARRANTY. The Seller waning Oat all goads, articles, maxriaB and work covered by this order will conform with applicable drawings, specifications, sample aador other descriptions given, will he fit for the puhpme inured, ad p dormW with the highest degree of sore and mmperentt in wawJawe with accepted standards for work of a similar native. The Seller agrees of laid the, purchaser harmless from any loss, damage m expense which the Purchaser may suft or had, on accomt of the Sellers bench ofwa ,y. The Seller shall replace, repair or make good, woman, cost to the purchaser, my defect Or f Its arising within one (I) year a within such longer period of time az may be Freighted by law or by the tams army applicable warranty provided by the Seller after the date of aceeptance of the goods f mishal hereunda (acceptance nos to be umeamnably delayed), rauRing from imparral or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not consulate a waiver of any claim under this waranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately mused by the breach of my of 'he foregoing wmrwlies or guarantees, but such liability shall in as event include lass of profit 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 m legal harem by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the terra, other than legal mart, including dditions to or deletions from the quantities originally ordered in she specification or drawings, by verbal or written change order. If any such change officers the amount due or the time ofperformance hereunder, on equitable adjusatenl shall be made. &TERMINATIONS. The Purcbaer may a my time by wr iten change mile, tmmiwte Nis agreement as of my or all portions of the goods then not shipped, subject of my equitable adjustmcal between the paries m to any work or amerials then in ,m,. provided that the Purchaser shall rot be liable for my claims for anticipated profit on the uncompleted Portion of the goods andlor work, for iacidmtal or axmequential damages, tend that go such djusoment ed made in favor of the Seller with respect to any goods which ere the Salim standard stock. No such cam pain shall relieve the Purchaser or me Seller of any oftheir obligdom ss ro any goads delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim far adjexament mast be nowned within thirty (30) days from the data the change or tmmicrown is ordered. 8. COMPLIANCE WITH LAW. The Seller warnings, chat all goods sold hereunder shall have been produced, mid, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and deliver such document as may ha required in effect a evidence mmplima. All laws end regulations mryird to be neorpomal in agreements of this c1wwmr care hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all test and damages sufered by the Purchaser az a result of she Sellers failure as comply with such law. 9. ASSIGNMENT. Neither party shall assign, tmmfm or convey this order, or any monies due or to became due hesemdes without the prior wrten commit ofthe other party. 10. TITLE The Seller warrant full, clear and uvres side a the Purchases for all equipment, maserials, and it. Pomislcd in pM rename of this segment Bee and clear of my and all liens, resmc%ms, rtsmabom, saudry farresf mcumbmwa and claims of coders. The Seller shall release the Purchaser and its mntmemrs of any tiro from all liability and claims of any morre 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 a the directors, officers and employees of such parry. The Sellers contrecmal obligations, including warranty, shall not be domed to be reduced, in any way, because such work is performed or wood to be performed by We Purchaser. 14. PATENTS. Whenever the Seller is minimal to use any design, device, material or process cover d by tuner, patent trademark or copyright, the Seller shall indemnify and save harmless the Purchases from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for my cost, expense or damage which d may be obliged to pay by mown of such infringement at any time during the prosecution or after the completion of rate work. In case said equipment, or any part thereof or the intended tam of the goods, is in such suit held to comtimte infringement and the use of said equipment or part is enjoined, the Seller shall, at it own expanse and at it option, either procure far the Purchaser the right to continue nsa, said equ,.I or part, replace the sortie with substantially equal but nomifringing egaipmmt, or modify n sod becomes aoninMnging. I S. INSOLVENCY. If the Seller shall become insolvent or berrkmpt, make an assignment for the benefit of medinrs, appoint a or .,,a far any of she Sellers property or bnsican, this arch may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The defNtions ofterms used or the interpretation ofthe agreement and the rights of ell padies hereunder shall he caromed under end governed by the laws of the Sate of Colorado, USA. The following Additional Coditiom apply only in arms where the Seller is to perform work bmeu , including the services of Sellers Rxpmwnative(s), an the premises ofotheus. 17. SELLERS RESPONSIBILITY. The Seller shall eery on said work at Sellers own risk until fire same u fully completed and accepted, and shall, in Our, of any accident, dasnumlon or injury to the work andia materials befog, Sellers fad completion ad acceptance, complete the work in Sellers own expense and to the satisfaction of the Purchase. When materials and equipment are Pomished by others for installation or erection by the Seller, the Seller shall rcaive, unlmd, store and handle same at the six and become responsible therefor as though such materials andror equipment were being famished by the Sell,, under the order. 18. INSURANCE. The Seller shalt, w his own expense, provide for the payment of workers mmpatawn, including occupational disease benefit, to it employees employed on or in connection with me work coward by this purchase order, snd or to their dependent in accordance with the laws of the sate in which the work is in he done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance wins bodily injury and death limits ofat lent S30C,000 for my one person, 5500,000 for any one ecident and propedy 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 do any work upon the premises of others, the Seller shall furnish the Purchaser with a ccrificae, Nat such compensation and insurance have been provided Such ecnificates shall specify the date when such compensation and commerce have been provided Such certificates shall specify the date whm inch wmpetaation and insttance expires. The Seller agree that such rnmpeaastion and insurance shall be mainufned until aRer the moire work is mmplefed and acaptd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the carom responsibility and liability fro my ^fad all damage, loss a injury army kind or nature whatsoever to persons or property, carted by in resulting four the execution of the work provided for in ,his purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all f,he Purchasers freers, agent and employees from and against my end all claims, lasses, damages, charges or expenses, whether direct or idirecl and whether W scream or propery to which the Purchaser may be put or subject by reason of my act, actim, neglect omission or default on the par of the Seller, my of his cannot or my of the Sellers or commnors officers, agent or employers. In care my suit or other proceedings shall bea Enough, against the Purchases, or its officers, agent m employees at my time an account or by reason of my act, ruling, neglexi omission or default of tha Seller of my of his contactors or my of it or thah oMe.. age. m employees as of aid, the Sella hereby agrees ro assume the dcfcnse rhermf and as defend thc same of the Sellers own expense, of pay my and all cost, charges, attorneys fees ed outer expenses, any and all judgment Out may be incurred by or obaind agrimt the Purchaser or my of its or their officers, agents or employees in such suit or other proceedings, and in caw judgment or other lien be placed upon or obtained against the property ofshe Purchaser, or said parties in or as a result of such suit or other proceedings, the Seller will in once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall sake all safety pracamom, famish aud imall all guards naesmry for the prevention of accident, comply with all laws and regulations wit regard a safety including, but without bduno4 the Occupational Safety and Health Act of 1970 and all roles and regulations issued Fragment tberta. Rnvcd OX014