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HomeMy WebLinkAbout102136 KORBY LANDSCAPING LLC - PURCHASE ORDER - 9142487Fort Collins Date: 05/02/2014 Vendor: 102136 KORBY LANDSCAPING LLC 3201 E MULBERRY, UNIT S FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9142487 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: ENGINEERING DIVISION CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS CO 80521 Delivery Date: 05/0212014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Arthur Ditch - Mtn/Myrtle WO #3-254902105-14 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:purchasinga@fcgov.com 1 LOT LS 22,670.16 16 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. COMMERCDM.DETAILS. Tax exemptions. By statute the City of Tom Collins is exempt tram state and local mass. Our Exemption Number is 98-04502. Federal Excise Tax Exemption CMifcam of Registry 84-6000581 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to men specifications, either when shipped or due m defied, of damage in bansit, may be rtmmed to you for credit and ate not to be replaced except upon receipt of written instructions fmm the City of FOR Collins. Inspection. GOODS are subject to the City of Pon Collins inspection on arrival. Final Acceptance. Receipt of the merehandiu, services or equipment in response to this order can result in authomxed payment on the part of the City of FOR Collins. However, it is to be understood that FINAL ACCEPTANCE I, dependent .,On completion of all applicable required inspection procedures. Freight Terms. Shipments now be F.O.B., City of FOR Collins, 700 Wood S., Fria Collins, CO 80522, unless otherwise specifiedon this order. If permission is given to prepay freight and charge separately, the oigind freight bill most accompany invoice. Additional charges far poking will not Ise accepted. Shipment Distance. \Vhea manufacturers have distributing Points in varrotat pans of the country, shipment is expected tom the nearest distribution to, to destination, and excess freight will be deducted from Invoice when shipments are made tom greats, distance. Famous. Seller shag p,m at sellers tale a.,, all necesmry permits, ionificmes and licenses required by all applicable law regulations, omm mm, and tales of the state, municipality, mritory or political subdivision where the work is pert need, or required by any other duly constituted public authority having jurisdiction ovu the work of vendor. Seller further agrees to hold the City of Pon 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, tales and ".a.,... Authentication. All parries to this mmmel agree that the representatives arc, in fact. tames fit, and possess full and complete authority m bind said parties. LIMITATION OF TERMS. This Purehnse Order expressly limits acceptance to the team and conditions stated herein set forth and any supplementary or additional more and conditions annexed hereto or incorporated herein by reference. Any additional or different erms and conditions proposed by seller am objected to and hereby affected. 3. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to amve on your promised delivery date as noted. Time is arms 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 limitrook, acceptance ofp iaml Ime deliveries, shall operate as a waiver affds psawition. In the event army delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and bolding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to cause, rim reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such ads of God, acts ofrivil or military authorities, vismarment.1 promties, fire, mrikes, Rood, epidem riots provided that notice of the conditions causing such delay is given to the Ptadurver within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the data of delivery thall be extended for he period equal In the time actually lost by ream. ofthe delay. 3. WARRANTY. The Seller woman that all goods, articles, matmals and work covered by this order will cunfocm with applicable drawings, specifearimm, samples and/or other descnptians given, will be fit far the purposes intended, and Performed with the highest degree of Bare and ..,is c in accordance with accepted thou ands for work of is similar come. The Seller agrees to hold the pumhaser harmless from any lass, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair a, make good, without tear I. the purchases any defects or faults musing within one (1) year or within such longer pared of time a, may be prescribed by law or by the terms of cony applicable wananly provided by the Seller afer the data of acceptance of the grads nourished bereunder (acceptance not to be wormar ably delayed), resulting from imperfect or defective work done or maerials famished by the Seller. Acceptance or use of goods by the Purchaser shall not candiNte is waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder, shall extend to all damages proximately messed by the broach army of the foregoing sveranties or guaranaces, but such liability shall in am event include loss ofprofim 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 temp by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the moms, tuber than legal terms, including ndditians to or deletions from the quantities originally ordered in the specification or drawings, by ve,bal or wmncn change order. If any such change a@ets the amount due Or the time of Performance hertundo, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at my time by a rmm change coder, terminate this agreemcm as to any or all portions of the goods then no, shipped, subject to any reparable adjustment between the parties m to any wad or nuterials than in pmgess provided that the Purchaser shall no, be liable for any claims for anticipated profits on the uncompleted portion of the greeds torpor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which arc III Selles standand suck. No such termination shall relieve the Purchaser or the Seller crony oftheir obligations as to any goads delivered fieaunder. 2. CLAIMS FOR ADJUSTMENT. Any claim tar adjmtmem muss be asserted within dairy (30) days from the date the change or amtirmtion is ordered. S. COMPLIANCE WITH LAW. The Seller warranrs that all goads sold hereunder shall have been produced, sold, delivered and famished in stria compliance with all applicable laws and regulations m which the goads are subject. The Seller shall 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. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, uatufer, or convey this order, or any modes due or to become doe hereunder without the prior written commit OrtM other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, fee and clear of any and all lims, restrictions, reservations, security interest encumbrances and claims ofothers. 11. NONWAIVER. Failure of the Purchaser to insist upon shict performance of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event urn breach the acceptance ofor payment for goods hereunder or approval ofNe design, shall not ceramic the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict parfintrm ce harcafor any of its rights or remedies as to any such good. regardless of when shipped, removed or accepted, as to any pdo, m mompont default hercueder, nor shall any purported mad modification or saturation of this purchase order by the Purchaser operme, as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violmiens are in fact home by the Purchaser. Theretofore, nfor rgood 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 bartender acquired under federal or state mmuust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchase pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Porches,, directs the Seller to wrest communication, or defective goods by a data to be agent upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability ar unwillingness Io comply, the Purchaser may rouse the work to be performed by the most expeditious means available m it, and the Seller shall Ray all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any mauve resulting fmm the perl'onname, afsuch work. This release shall apply even in the mvnt of fault of negligence of the party released and shall extend to the directors, officer, and employees afsuch party. flat Seller's comractual obligations, including warranty, shall not be deemed to her reduced, in any way, because such work is Performed or caused to be performed by the purchaser. tat PATENTS. Whenever the Seller is required to use any design, device, mmmal or process covered by lane, patem, trademark or copyright, the Seller shall indemnify and save hamtnv the Purchase, from any and al I claims for infringmnanl by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchase, far any cost, expense or damage which it may Ix obliged to pay by moon of such infringement at any time during the prmecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such it held to constimm management and the use of said equipment or pan is joired, the Seller shall, at its own expense mall at its option, either prmure for the Purchaser the Who to immune to, said anticipation, or pans, replace mat same with substantially egml but noninfnging equipment, or modify it so it becomes noninGnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefmt of creditors, appoint a receiver or contact for any of the Sellers properly ar business, this order may fonhwah be ems,cled by the Tambour without liability. 16. GOVERNING LAW. The defmnifiom arm. used or the interpretation ofNe specimens and the rights of all parties hereunder shall be combined under and governed by the laws of the State ofColomdo, USA. The fallowing Additional Conditions apply only in emus where the Seller u to perform work herwnder. including the scrviccs of Sellers Repreuntativa(sk on the premises clobbers. 17. SELLERS RESPONSIBILITY. The Seller shall may on said work at Seller's own ask until the same is fully completed and accepted, and shall, in se of any accident, destruction or injury m the work and/or mateaals before Sellers final completion and .event ... a, complme the work at Seller's awn expanse and to the sa[isfnumer of the purchaser. When arateaals and equipment arc furnished by others for insulation or erection by the Seller, the Seiler shall receive, unload, store and handle same at the site and Immune mspomibie therefor as though such rmerals and/or tyuipmmt were being fitmished by tat Seller under the order. 18. INSURANCE. The Seller shall, el his own expense, provide for the payment of waders compensation, including occup tlm it disease benefits, to Its employees employed on or in connection with the work covered by this purchase order, metric 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, contractual and automobile public liability insurance with bo ily injury and death limits of at leash 5300,0ho for any one person, S500," for any one accident and praFeny damage limit per accident of S400,000. The Seller shall likewise require his ontractom, if any, on provide for such misconstruction and insurance. Before any of the Sellers or his comranors employees shall do any work upon the premises of others, the Seller shall Finnish the Ptuchaser with a madman, that such mmpewtion and insurance have been provided. Such renitimma shall specify the date when such amp reation and insurance have been provided. Such rectificaten shall specify the date when such compawtion and insurance expires. The Seller agree mat such compensation and imurance shall be announced! until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire respmmsibility and liability for any and all damage, loss or injury of any kind or one whamomeno persons or property caused by or mallong from the execution of the wad provided for in ,his purchase order or in connection herewith. The Seller will indemnify and hold bmmless the Purchaser and any r call of toe Purchasers afters, agents and employers from and agentt any mad all claims, ]ones, damage, changes or expenses, whether direct car transact, and wherber to persons or prepmy la which the Purchase, may be put or s.bjW by reason of any act, action, neglect, omission or default on the FOR of the Seller, any of his confica ors, or any of the Sellers or contractors afters, agents or employs. In case any suit or other proceedings shall be brought against he Purchaser, or its afters, agents or employees at any mute on account or by reason of any act, action, neglect, omission or deficit, of the Seller of any of his contractors or any of its of their afters, agents or employees as somata, 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, distge, attorneys fees and other espeases, any and all judgmrn,s that may be incurred by or obtained against the Purchaser or any of its or their officer, agents or employees is such suits or other proceedings, and in rase judgment or other lien be placed upon or abmined against thc pmperry arms, Purchaser, an said Furies in or as a result afsuch suits or other proceedings. the Seller win ca are cause the same to be, dissohnd and discharged b,. giving bad or otherwise. The Seller and his confsnors shall take all safety precautions, famish cad install all guards mrenswary for the prevention of accidents, comply with all laws and regulation with ragard to safety including, but without limiution, the Occupational Safety and Health Act of 1970 and all miss and regulations issued pursuant interim. Revised 032010