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HomeMy WebLinkAbout102136 KORBY LANDSCAPING LLC - PURCHASE ORDER - 9120843City of /0„ art Collins PURCHASE ORDER PO Number Page 9120843 1 of 2 This number must appear on all invoices, packing slips and labels. Date: 02/08/2012 Vendor: 102136 Ship To: CLRS ADMINISTRATION KOREY LANDSCAPING LLC CITY OF FORT COLLINS 3201 E MULBERRY, UNIT S 215 N MASON, 3RD FLOOR FORT COLLINS Colorado 80524 FORT COLLINS Colorado 80524-4 Delivery Date: 02/08/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price Hughes Stadium Disc Golf 1 LOT LS 5,550.00 Project Landscaping Landscaping for the disc golf course at Hughes Stadium per invoice 22595 dated 12/26/11. Total $5,550.00 Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com 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. 98-01502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof. failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stamies 1973. Chapter 39-26. 114 (a). exercise any rights or remedies pmvidcd herein or by law. failure to promptly notify the Seller in the event of a breach. the acceptance ofor payment for goads hereunder or approval ofthc dcsign, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the wamntics or obligations of this purchase order and shall not be docmM a wwivcr of any right of the damage in transit, may be returned to you for credit and arc not m be replaced except upon receipt of written purchaser to insist upon strict pnfnmance hereofnrany ofits rights or remedies as to any such goons, regardless insmclions from the City of Fnn Collins. of when shipped, received or accepted. as to any prim or subsequent default hereunder, not shall any purported trod modification or rescission of this purchase order be the Purchaser operate as a waiver of any of the terns Inspection. GOODS arc subject to the City effort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins However, it is to be understood that FINAL Seller and the Purchnscr recognize that in rental economic practice, overcharges resulting from antitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection prucedums. violations arc in fact home by the Purchaser. Therctofnrc, 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 hcrenncr Freight Terms. Shipments must be F.O.H.. City of Fort Collins, 700 Wood St. Fort Collins, CO 90522. unless required under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when ahipmcnts arc made from greater distance. Permits. Seller shall procure at sellers sole cast all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles ofthc state, municipality, territory or 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 harmless fmm and against all liability and loss incurred by them by reason of a t asserted or established violation of any such laws, regulations, ontinnnecs, nles and requircerents. Authorization. All panics to this contract agree that the representatives arc, in fact. bona fide and possess full end complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any sapplemeatary or additional tcmu and conditions annexed hereto or incorporated herein by reference. Any additional or diffcout terms and conditions proposed by wllcrarc objected to and hereby rejected, 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive an your pmmised dclivery date as noted. Time is ofthc essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchascm including. without limitation, acceptance ofpanial laic deliveries, shall opcmte as a waiver ofthis provision. In the event ofagv delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall ma be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such acts of Gnd, acts ofcivil or military authorities, governmental prionfies, fires. strikes Raced, epidemics, wars or rins pmvidcd that notice of the conditions causing such delay is given to the Purchnscr within five (5) days of the time when the Seller fist received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller wamnts that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless From any loss. damage or expense which the purchaser may suffer or incur on account ofthc Sellers breach of warmnty. The Seller shall replace, repair or make good, without cast to the purchaser, any defects or faults arising within one (1) year or within such Innger period of time as may be prescribed by law or by the terms ofany applicable warranty provided by the Seller rOcr the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Pamhawr shall not constitute a waiver ofany claim under this war. my. Except as otherwise provided in this purchase order, the Scllcrs liability hercundcr shall extend to all damages proximately caused by the breach ofany ofthe foregoing wamntics or guarantees. but such liability shall in no event include loss ofpmfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pumhasser may make changes in legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal toms. including additions to or deletions from the quantities originally ordered in the specifications or dmw'ingc, 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 any time by written change order, terminate this agreement as to any or all functions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated prefils on the uncompleted portion of the goods and/or work, for incidental or consequential damages. and that no such adjustment be made in favor of the Seller with respect to any goods which am the Scllcr standard stock. No such termination shall relieve the Purchaser m the Scllcr ofany ofthcir obligations as to any gads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days Farm the date the change or termination is ordered. 8. COMPLIANCE WITH LAW, The Seller wamnts that all goods sold hereunder shall have been produced. sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shill execute and deliver such documents as may he required to effect orevidcnee compliance. All laws and regulations required to he incorporated in agreements of this character are hereby incorporated herein by this rcfbrcncc. "Due Scllcr agrees to indemnify and hold the Purchaser harmless From all costs and damages suffered by the Purchnscr as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or ary monies due or to become due hereunder without the prior wrincn consent of the other parer. 10. TITLE. The Seller warm, ins full. clear and uarcstrided title to the Purchaser fix -all equipment, materials and items fu nklied in performance of this agreement. free and clear of any and all liens. restrictions, reservations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Scllcr, and the Seller them,aner indicates its inability or unwillingness to comply. the Purchaser may cause the work to he performed by the most expeditious means available to it, and the Seller shall pzv all costs associated with such work. The SCllcr shall release the Purchnscr and its contractors of any licr from all liability and claims of any nature resulting from the performance ofsuch work. This mlcasc shall apply even in the event of fault of negligence of the parry- released and shall extend to the dimctom. n%'ncrs and employees ofsuch party. The Seller's eontnchal obligations, including warmnty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchnscr. 14. PATENTS. Whenever the Scller is required to use any design, device, material or process covered by Icttcr, pmem, trademark or copyright the Scllcr shall indemnify and save hamlcss the Purchaser fmm any and all claims for infringement by reason ofthc use of such patented design, device. naterial or process in connection with the contract. and shall indcmnify the Purchaser for any cost. expense or damage which it may be obliged to pay by reason of Bach infringement at any time during the prosecution or aRcr the completion of the work. In case said equipment, or any pan therenf or the intended use of the goods, is in such .suit held to eomitute infringement and the use of said quipincrat or pan is enjoined the Seller shall. at its own expert c and at its option, either procure for the Purchaser the right to continue axing said equipment or parts, replace the more with substantially equal but anninfringing equipment or modify it so it becomes anninfringing. 15. INSOLVENCY. If the Seller shall become insolvcm or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights of all panics hercundcr shill be construed under and governed by the laws of the State of Colorado. USA, The following Addition,,] Conditions apply only in cases whue the Seller is in perform work hercundcr, including the scniecs of Scllcrs Represenative(s), on the premises ofelhers. 17. SELLERS RESPONSIBILITY. The Seller shill carry on said work at Seller's oxen risk until the same is fully completed and neecptcd, and shall, in case of any occident, destruction or injury to the work and/or materials before Seller's final completion and necepimce, complete the work at Seller's own expense and to the satisfaction ofthe Purchaser. When materials and equipment are fornishcd by others for installation or erection by the Seller, the Seller shall receive, upload. stare and handle same at the site and become rcspnnsiblc therefor as though such materials and/or equipment Were being furnished by the Seller under the order. I R. INSURANCE. The Seller shall, at his own expense. provide for the payment of workers compensation, including acmmntinnrl 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 of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to. contactual and automobile public liability insurance with badily injury and death limits of at (cast S300t000 for any one person. S500,000 for any 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 Sclles or his contactors employees shall do any work neon the premises ofothcm. the Seller shall famish the Purchaser with a certificate that such eompenation 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. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons ar proper' caused by or resulting fmm the execution ofthe work pmvidcd for in this purchase order or in connection herewith. The Seller will indcmnify and hold hmmless the Purchaser and any or all of the Purchasers officers, agents and 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 any act. action, neglect omission or default on the part of the Seller, any of his contractors, or any of the Sel]es or contractors officers, agents or employees. In case any suit or other pmcccdings shall be hronght against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act action, neglect. omission or defaull of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid. the Seller hereby agrees to assume the defense thereof and In defend the some at the Sellers awn expense, to pay any and all costs, charges, attorneys Ices and other expenses. any and all judgments that may be inured by or obtained against the Pnrehoscr or any of its or their offices, ,agents or employees in such suits or other pmcccdings, and in case _judgment or other lien be placed upon or obouned against the property ofthc Purchaser. or said panics in or as a result ofsuch suits or other proceedings. The Seller will it once cause the same to be dissolved and discharged by giving bond or otherwise, T'he SCllcr and his contractors shall take all safety precautions. furnish and install all guards necessary for The prevention of accidents, comply with all laws and regdatiotn with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all m]es and regulations issued pursuant thereto. Revised 0312010