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HomeMy WebLinkAbout463182 THE DAVEY TREE EXPERT COMPANY - PURCHASE ORDER - 3215141PURCHASE ORDER PO Number Page City of PURCHASE 3215141 t of z ' `F6rt Collins lins on all invoices, pacst king V ` on all invoices, packing �sllps and labels. Date: 01/12/2015 Vendor: 463182 THE DAVEY TREE EXPERT COMPANY PO BOX 94532 CLEVELAND OH 44101-4532 Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 01/12/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price i 2015CONTRACTUAL 1LOT LS PER TERMS AND CONDITIONS OF BID 7613 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 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04501. Federal Excise Tax Exemption Certificate of Registry M.6000587 is rejimred with the Collector of Forma of the practical to Insist upon wrier perfomance of the terms and conditions hereof, failure or delay to Internal Revenue, Drover Colorado (Ref Coloreds, Revised Statutes 1973, Chester 39.26, Ili (a). exercise any dghtt or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods herewder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REIECTED due is, failure a mcar specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall nor be deemed a waiver of any right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of wrinen purchaser to insist upon strict performance hercofor my of its rights or remedies as to any such goods, regardless imorecoom from the City of Fon Collins. of when shipped, received or accepted, as to my prior or subsequent default hereunder, nor shall my purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the mtms Inspection. GOODS are subject to the City of Fon Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this oWer ern moth in 12. ASSIGNNIENT OF ANTITRUST CLAIMS. suthoriacd payment on the pan of rile Ciry, of Fon Collins. However, it is to be undemood that FINAL Seller and the Purchaser recognim that in actual economic practice. overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofell applicable required inspection procedures violations are in fact theme by the Purchaser. Theretofore for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter Freight Terms. Shipments must he F O B_ City of Fon Collins, 700 Wood St. Fon Collins, CO 80522. ischoo acquired under federal or state amount laws for such overcharges relating to the paucular goods or scurries otherwise specified on this order. If permission is given to prepay freight and charge sepaately, the original freight purchased or acquired by the Purchaser pursuant to this purchase orde, bill most accomoanv invoice. Additional chances for awkin r will not be initiated Shipment Distance. Where manufacturers have distributing pdtns in various pans of the country, shipmem is expected from the nearest distribution paint to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole row all necessary permits, certificates and licenses required by all applicable lawn, regulations, ordinances and rules of the site. municipality, territory or political subdivision where the work is performed, or required by my other duly constituted public ancient, having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Collins harmless from and against all liability and loss occurred awn by them by reason of an sened or established violation of my such la, regulations, ordinances, rules .it rcquir menu. Authodvatim. All parties to this contract agree that the mprmmfmirm are, in fact, bona fide and posse¢ full and complete authority to bind said panics. LIVI TATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stand herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifvou cannot make complete shipment to arrive m your promised delivery date as noted Time is of the essence. Delivery and performance must he effected within the time eared on the purchase order and the documents anmhed herein. No act of the Purchasers including, without limitation, acceptance Of partial lam delivers, shall operate m a waiver of this provision. In the event of any delay, the Purchaser shop have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller Ad not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such act of God am of civil or military authorities, gevemmmtal proctor. firut, strikes. Band epidemics, wars or nobs provided thin notice of the cmditions causing such delay is given in the Pummuser within five (5) days of the time when fire Seller first received knowledge therm! In the event of wy such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goads, articles. materials and work covered by this order will conform with applicable drawings, specificarions, sample andlor other descriptions given, will be fit for the purposes intended and Performed with fire highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser himlem from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good without cast to the purchaser, my defects or faults arising within one (1) year or within such longer permit of time as may be prescribed by law or by the corms of my applieable warranty provided by fire Seller titer the date of acceptance of the goods furnished herewder (acceptance not to be wreasonably delayed), resulting from imperfect or defective work done or materials f rmishd by the Seller. Acceptance or use of Scrods by fire Purchaser shall not mnsinum a waiver Offaly claim under this warmly. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend is, all damages proximately caused by the breach of my ofthe foregoing warranties or guarantees, but such liability shall in no event include loss of prof¢ or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERNS. The Purchaser may make changes to legal is. by semen change order. 5. CHANGES IN COMMERCIAL LEWIS The Purchaser may make my changes to fire terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If my such change affects the amount due or the nine of performance hereunder. an equitable adjustment shill be made. 6 TERMINATIONS. The Purchmtt may an any time by wnnen change order, terminal this agreement as to my or all sections of the goods then not shipped, subject to my equitable adjustment between the parries as to my work or materials then in progress provided that fire Purchaser shall not be liable for my claims for mticipated profits on the uncompleted portion of fire goods and/or work, for incidental or consequential damages, and Nat no such adjustment be made in favor of the Seller with respect to my good which are fire Sellers sending stock. No such termination shill relieve the purchaser or the Seller of my of their obligations as m my goods delivered hereunder. I. CLAIMS FOR ADNSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 9. COMPLIANCE WITH LAW. The Seller warrants thin dl good sold hereunder shdl have hoe produced sold, delivered and furnished in siren compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and deliver such documents m may be required to effect or evidence compliance. All laws and regulations required to be ncorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by fire Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or matey this order, or any monies due or to become due hereunder without the ,nor wrimn consent of the other parry. 10. TITLE. The Seller warrants full, clear and mtrent iced tide to the Purchaser for all equipment, materias, and items fumimm in perfarmmce of this agreement fire and clear of my and at liens. resmmlons, reservations, socunry, interest encumbrances and claims of or 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to morn nonconforming or defective goods by a date a be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Porchaecr and its commicrors of my net form all liability and claims of my nature resulting from the performance of such work. This release shall apply even in the event a fault of negligence of the parry released and shall extend in the directors. ofliews it employees of such pan,. The Sellers command obligations, including warranty. shall not be deemed m be reduced, in my way, because such work is perfs,nned or caused to be perform d by rife Purchaser. I4. PATENTS. Whenever the Seller is required to use my design, device, material or process covered by letter, patent, nademark r copyright, the Seller Ad[ indemnify and save hamlets the Purchaser from my and all claims for infdngemmt 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 cow, expm a or damage which it may be obliged to Pay by reason of such infringement at my time during the prosecution or after the completion of the work. In case said equipment or any pan thereof or the intended me of the goods, is in such suit held to contribute 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 bile Purchaser the right to continue using said equipment or pans, replace the same with subsmntidly equal but naninfringing equipment, or modify it so it becomes noninMnging. IS. INSOLVENCY. If the Seller slid] become insolvent or bankmpt make m assignment for the benefit of elecimrs, ns o rn a recver or trounce for y of fire Sellers property or business, this order may forthwith be canceled by the Purcan haser without liability. 16. GOVERNING LAW. The definitions ofterms used or the Iurery ledion ofthe agora ant and the rights ofail parties hereunder shill be, construed Order and governed by the laws office Sete of Colorado. USA. The following Additional Conditions apply only in cma where the Seller is to perform work herewder, including the services of Sellers Representative(s), on the premises of others_ 19. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Settees own risk unfit the same is fully completed and aceroted, and shall, casein of my accident dor ea mu or injury to the work and/or materials before Sellers find completion and aceptance, mmplete the work a Seller's own expense and to din mdfaction of fire Purchase¢ Whin materials and equipment are furnished by others for installation or erection by The Seller, the Seller shill receive, unload, store and handle sins at the site and become responsible therefor as though such materials and/or equipment were being Pomisbed by the Set let under the order. 18_ INSURANCE The Seller shill, at his own expense, provide for the payment of workers construction, including occupancies! disease benefits, re, its employees employed on or in connection with the work covered by this purchase order, mdlor to their dependmis in accordance with the laws of the state in which the work is m be done. The Seller shall alm carry comprehensive 6meml li ilml try including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at lent $300,000 for any one person. 8500000 for my one accident and property, damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees Ad[ do my work upon the premises of others, the Seller Ad[ furnish the purchaser with a centigram that such compensation and insurance have been provided. Such cemficams shall specify the dam when such compensation and insurance have been provided. Such cmifcates shall specify the dare when such compensation and insurance expires. The Seller agrees that such compensation and imormce shall be maintained until after the emi to work is completed and incepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby mmen. the enure responsibility and liability for my and ail damage, loss or injury of my kind or natum whatsoever to persons or property caused by or «swung from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamJess the Purchaser and my or if of the Purchasers officers, agents wd employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property, to which the purchaser may be put or subject by reason of my act. action, negleet omission or default on the pan of life Scileq my of his mnuacmrs, or my of Jute Sellers or contractors oRceR, agents or employee. In case my suit or other proceedings shall be brought agsimr due Purchaser, or its officers, agents or employees in any time an account or by reason of my act, action, neglect, omission or default of the Seller of my of his contractors or my of to or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend life same at the Sellers own expense, to pay my and all costs, charges, attorneys fees and other expenses, my and at judgments that may be incurred by or obtained again the Purchaser or my of its or their oficon, agents or employees in such suits or other proceedings, and in case judgment or other lim b, placed open or obtained against the protein, of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause fire more is, be dissolved and discharged by giving bond or otherwise. The Seller aid his contractors shall take all safety precautions, furnish and inwdl all guard necessary for the prevention of accidents, comply with all two and regulations tough regard to safety including, but without limitation, the Occupational Safety and Health Act of 1990 and At mles and regulations issued pursuant therein. Revised 0W20i4