HomeMy WebLinkAbout102136 KORBY LANDSCAPE LLC - PURCHASE ORDER - 9957541Date: 12/17/2009
City of
ort Collins
Page Number: 1
Purchase Order Number: 9957541
Delivery Date: 12/16/2009 Buyer: STEPHEN, JOHN
Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence.
Note:
Line Qty/Units Description Extended Price
1 1 LOT 7,921.70
Median Renovation WO#P09-38
College btwn Harvard & Swallow
WORK ORDER P09-38
Total
City of Fort C -in Director of Purchasing and Risk Management
This order is OQValid over $5000 unless signed by James B. O'Neill ll, CPPO
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
$7,921.70
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
I. COMMERCIAL DETAILS.
Tax exemptions- By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
98-04502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chaplet 39-20, 1 W (a).
Goods Rejected- GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written
instructions from the City of Fort Collins.
Inspection. GOODS are subject to the City of Foil Collins inspection on artivn
Final Acceptance. Receipt ofthe merchandise, services or equipment in respunse to this order can result in authorized
payment on the part of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is
dependent upon completion of all applicable required inspection procedures.
Freight Tetras. Shipments must be F.O.B., City of Fort Collins. 700 Wood St., Fort Collins. CO 80522, unless
othenvise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill
must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various parts of the county, shipment is expected
from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are
made from greater distance.
Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable
laws, regulations, ordinances and rules ofthe state, municipality, territory m political subdivision where the work is
performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor.
Seller further agrees to hold the City of Fort Collins hamnless from and against all liability and loss incurted by them by
reason of an asserted or established violation ofany such laws, regulations, ordinances, rules and requirements.
Authorization. All parties to this contract agree that the representatives are, in fact, bona tide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tenns and conditions stated herein
set forth and any supplementary or additional terms and conditions annexed hereto m incorporated lie] ciu 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 if you cannot make complete shipment trial I ive on your
promised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance ofpartial late deliveries, shall operate as a waiver ofthis provision. In the event ofany delay, the
Purchaser shall 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 shall 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 ofnegligence, such acts
of God, acts of civil m military authorities, governmental priorities, fires, strikes, flood, epidemics, was or riots
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 thereof In the event ofany such delay, the date ofdelivery shall be extended
for the period equal to the time actually lost by reason ofthe delay.
3.WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will con time with applicable
ch awings. specifications, samples and/or other descriptions given, will be fit f n the purposes intended, and perforated
with the highest degree of care and competence in accordance with accepted standards for work Of".) Simi Ill' nature.
The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser nary suffer or
inea on account of the Sellers breach of warranty. The Seller shall replace. repair of stake good, without cost to the
purchaser, any defects or faults as within one ( I ) year or within such longer period of time as nnay Ix prescribed by
law or by the teats of any applicable warranty provided by the Seller after the date of acceptance of the goods
famished hereunder (acceptance not to be unreasonably delayed), resulting fi out innpei feet or defective work done ur
materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any
claim under this warranty. Except as otherwise in in this purchase order, the Sellers liability hereunder shall
extend to all damages proximately caused by the breach of any of the foregoing warranties or gum Lances, but such
liability shall in no event include loss 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 terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terns, other than legal terns, including additions to or deletions front the
quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change
affects the amount due or the time of performance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at anytime by written change order, tenninate this wI cer nern as to any ur all portions of the eoods
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 any claims for anticipated profits on the uncompleted portion ofthe
goods and/or work, for incidental or consequential damages, and that no such adjustment to made in favor ofthe Seller
with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the
Seller ofany of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered.
S. COMPLIANCE WITH LAW.
The Seller wan ants that all goods sold hereunder shall have been produced, sole, delivered and furnished in strict
compliance with all applicable laws and regulations to which the goods are subject. The Sellershall execute 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 this reference. Tile Seller agrees to
indemnify and hold the Purchaser hannless fioar all costs and damages sallies ed by the Purchaser as it result of the
Sellers failure to comply with such law.
If and only to the extent this [Agreement] constitutes It "sole source government contract" within the meaning of
Article XX V I I I ofthe Colorado Constitution ("Article XX V I I I"). then the provisions of Section 15 of Article X X V I I I
are hereby incorporated into this [Agreement]. In such a case, if the [Cont smut] ur any other person who is a
"contract holder" as defined in Section 2(4.5) ofArticle XXV III intentionally violates Section 14 or Section 17('_) of
Article XXVIII, then the [Contractor] agrees it shall be ineligible to hold any sole source government contact, or
public employment with the state of Colorado or any of its political subdivisions, lint three years.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, m any monies due or to become due hereunder without the
prior written consent of the other party.
10. TITLE.
The Seller warrants full, clew and unrestricted title to the Purchaser tier all equipment, materials, and itens fumished in
perfonn:mee of this agreement. free and clear of any and all liens, restrictions. reservations, security interest
encumbrances and claims of others.
11. NONWAIVr_R.
Failure of the Purchaser to insist upon strct performance of the teats and conditions hereof failure or delay to
exercise airy rights 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 hereunder or approval of the design, shall not release the Seller of any ofthe
warrant ies or obligations o f this purchase order and shall not be deemed a waiver ofany right ofthe purchaser to insist
upon strict pelf nrmance hereof or any of its rights or remedies as to any such goods, regardless of when shipped,
received or accepted. as t, any prior or subsequent default hereunder, not shall any purported oral modification or
rescission of this purchase order by the Purchaser operate as a waiver ofany of the ternis hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice. overcharges resulting from antitrust violations ate
in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the
Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state
antitrust laws tar such overcharges relating to the particular goods or services purchased or acquired by the Purchaser
pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchuser directs the Seller to correct nonconforming or defective goods by a date to 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 Purchaser and its contractors ofany tier from all liability and claims ofany nature resulting
from the lie] fomtunce of such work_
This release shall apply even in the event of fault of negligence ofthe party released and shall extend to the directors,
officers and employees of such puny.
The Seller's CUa[racrlal obligations, including wnn'anty, shall not be deemed to the reduced. in anyway, because such
work is perfor red or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is requited to use any design, device, material or process covered by letter, patent, trademark or
copyright, the Seller shall indemnify and save hamnless the Purchaser from any and all claims for infringement by reason
ofthe use of such patented design, device, material or process in connection with the contract, and shall indemnify the
Purchaser fill any cost, expense or damage which it may be obliged to pay by reason of such infiingement at anytime
during the prosecution or after the completion ofthe wont. In case said equipment, ofany pan thereofor the intended
use of the goods. is in such suit held to constitute infi nigement and the use of said equipment or part is enjoined, the
Sella shall, at its own expense and it its option. either procure for the Purchaser the tight to continue using said
equipment or parts, replace the same with substantially equal but non -infringing equipment, or modify it suit becomes
nun-infi inning.
I5, INSOLV ENCY.
If the Seller shall become insolvent or bankrupt, make an assignment forthe benefit ofa'editors, appoint a receiver or
trustee for any of the Sellers property or business. this order may fonlm ith be canceled by the Purchaser without
liability
lo. GOVERNING LAW.
l he de finition.s of tents used or the interpretation of the agreement and the rights of all parties hereunder shall be
consumed under and governed by the laws ofthe State of C'olomdo, USA_
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the
services of Sellers Representative(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall canyon said work at Seller's own risk until the same is fully completed and accepted, and shall, incise
ofany accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance,
amplete the work at Seller's own expense and to the satisfaction ofthe Purchaser. When materials and equipment are
furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at
die site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller
under the order.
I8. INSURANCE.
'lac• Seller shad 1. at his oo•n cgnense, pruvide fur the payment ofworkers compensation, includingoccupational disease
benefits. to its employees employed on or in connection with the work covered by this purchase order, and/or to their
dependents in accordance with the laws ofthe state in which the work is to be done. The Seller shall also carry
comprehensive general liability including, but not limited to, contractual and automobile public liability insurancewith
bodily injury and death limits of at least $300.000 for any one Pelson, $500,000 far any one accident and property
damage limit per accident of.$400,000. The Seller shall likewise require his contractors, if any, to provide for such
compensation and also. are, Before any of the Sellers or his contractors employees shall do any work upon the
premises of others. the Seller shall famish the Purchaser with a cellifncate that such compensation and insurance have
been provided. Such certificates shall specify the date when such compensation and insurance have been provided.
Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such
compensation and insurance shall be maintained until after the entire work is completed and accepted.
10. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all dantage, loss or injury of any kind or
nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this
purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of
the Purchasers officers, agents and employees front 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 any act, action. neglect. omission or default on the pan ofthe Seller, any of his contractors, or any of the
Sellers or contractors officers, agents or employees- In case any suit or other proceedings shall be brought against the
Purchaser, or its officers, agents m employees at any time on account or by reason of any aeL action, neglect, omission
m default ofthe Seller ofany of his contractors or any of its or their officers, agents m employees as aforesaid, the
Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and
all costs. charges, attorneys fees and other expenses, any and alljudgnnents that may be incurred by m obtained against
the 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 of obtained against the property of the Purchaser, or said parties in or m a result
Of such suits or other proceedings, the Seller will at once cause the Slane to be dissolved and discharged by giving bond
or otherwise. The Seller and his contractors shall take all safety precautions. furnish and install all guards necessary for
the prevention of accidents, comply with all laws and regulations with regard to safety including, but without
limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto.
Revised 04/2009