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HomeMy WebLinkAbout102136 KORBY LANDSCAPE - PURCHASE ORDER - 9141860Fort Collins Data- 04/18/2014 PURCHASE ORDER PO Number Page 9141860 7of2 This number must appear on all invoices, packing sli s and labels. Vendor: 102136 Ship To: PARK MAINTENANCE KORBY LANDSCAPING LLC CITY OF FORT COLLINS 3201 E MULBERRY, UNIT S 413 S BRYAN FORT COLLINS CO 80524 FORT COLLINS CO 80521 Delivery Date: 04/01/2014 Buver: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price I Medians & Streetscapes 2014 Contract 1 LOT LS PER TERMS AND CONDITIONS OF BID 7602 AND AGREEMENT DATED 3-28-2014 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:purchasingQafogov.com 168,544.10 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 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local loxes. Our Exemption Number u 98-04502. Federal Excise Tax Exemption Certificate of Registry 84 6000587 is registered with the Collector of Interral Revenue, Deaver, Colorado (Ref. Colorado Revised Statutes 1923, Chapter 39-26, 114 (a). Goads Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due m defects of damage in transit, may be returned to you for credit and me not to he replaced except upon receipt of written bntmctioos from me City of Fan Collins. Inspection. GOODS are subject a me City of Fort Collins inspection on srlvm. From Acceptance. Receipt of the merchandise, anavees or equipment in response to this order can result in authorized payment on me pan of the City of Fiat Collins. However, it is to he understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments most he F.O.B., City of Fort Collins, Tq Wood St., Fon Collins, CO 80522, ..It. otherwise specified on this order. If permission is given to prepay freight and cberge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where mromme urns have distributing points in sanom Pans of the country, shipment is expected fmm the nearest distribution Form to destination, and excess (might will be Jducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sale cost all necessary permits, certificates and licensers required by all applicable laws, regulations, odic rrox end rules of the stare, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public amhonty having jurini irlion over the work of w d.r. Seller fuller agrees m held the City of poor Collins fusion. from and against all liability and loss incased by them by W. ofan aasend or established violation of any such into, regulations, mdimanees, roles aria r qui.a.. Authorization All ponies to this contract agree that de, representatives are, in nor, bow ride and possess full and complete amlmdry to bind said panic. LIMITATION OF TERMS. This Purehsse Order expressly limits acceptance to the It. and conditimu stood herein sec foM and any supplementary or additional tamer and conch ians aanexd heart. or incorporated herein by referees¢. Any cri itimen or diBfind tether and mindiumis proposed by seller arc objected m and hereby jectd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as acted. Time is of the mance. Delivery all performance most be effected within me time stated on the purchase order and the documents mtwhd hereto. No acts of me Purchasers including, without limitation, acceptance ofpmial Ira deliveries, shall.prate ns a waiver ofthis provision. In the event of any delay, me purchaser sbail have, in addition or Omer Icga1 and equitable remedies, the option of placing his .,do, and holding the Seller liable for damages. However, the Seller shut not be Liable for damages as a reach of demp due to causes not reaannabgy f comto which art beyond as reasomble warm[ and without is fault ofnegligence. such acts ofGoL was of eivil or military avthodtes, govemmanal priorities, fires, strikes, flood, epidemic, wars of tots provided that notice of me mndituaw coming such delay is given to the Purchaser within five (5) days of the time when the Sella first received knowledge thee.(. In me event of any such delay, the date of delivery 'ball be exmndd for the period ai to the time acnally lost by lasso. of me de]y. 3. WARRANTY. The Seller warrants that all goods, micim, materials and work covered by this order will conform with applicable drawings, spnificotions, samples and/or other desaiptiofe given, will be fit for me purposes branded, and performed with me highest degree of care and competence in accordance with accepted standards for ..,it 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 ofine Sellers breach of warranty. The Sella shall replace, repair or make good, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as maybe presmbd by law or by the tams ofan, applicable wnrtant, provided by the Seller aver the that of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials fumished by me Seller. Acceptance or use of goads by the Purchaser shall not ousti ate a waiver of any claim under this wmramy. Except as otherwise provided 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 guaranies, bur such liability shall in no went include loss ofpmrits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchase( may make changes to legal terms by write. change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the temp, he, than legal mans, including additions to or deletion.. from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change aRret 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 Factions of the goods men not shipped, subject to any equitable adjustment between the panics as ro any work or materials that in progress provided that the Purchaser shall not be liable for any claims for anticipated profits 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 o any goods which are the Sellers standard stock. No such mrminotion shall relieve the Purchaser or me Sella of my of their obligations as to any good' delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thiny (30) days fmm the date the change or termination is indecent 8. COMPLIANCE WITH LAW. The Sella warrants Nat all goods sold hereunder shall have been produced, sold, delivered and finished in stria compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be mluired to effect or evidence compliance. All laws and regulations required in he incorporated in agreements of this character are hereby Incorpon ed herein by this referanec. The Seiler names to indemnify and hold the Purchaser heradess Form all costs and damages suffemh by the Purchaser as a moult of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither patty that assign, transfe, or convey Nis alder, or any monies due or to baccarat due hecumWer without me prior wtnea consent of the other party. 10. TITLE. The Sella wammm full, clear all umasmated ride to the purchaser for all equipment, materials, and it. f.nl to perform a of this agreement, f and clear of any and all liens, resmaimaw reservations, .6ry interest eacambmarm; and claims a rotor, 11. NONWAIVER. Failure of the Purchaser to insist upon sonar performance of the terms and conditions hereof, failare or delay to any rights or remedies provided herein or by law, failure to promptly unity the Seller in me went of a breach, the acceptance ofor payment for goods hereunder or apprmal ofhe design shall not release the Seller of any of the warranties or obligations of this purchase order ad shall not he deemed a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights or remedies as many such goods, regardless of when shipped, received or steepled, as as any prior or.umemem defult bereandem nor shall any purported oral modification or rescission of this purchase order by me purchaser operate as a waiver of any of me terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize mat in acmal w is practice, overcharges resulting Room antitrust violations are in fact Force by the Purchaser. "amforeforr good cause and as consideration for executing this purchase order, the Seller hereby mssigns to the Purchaser any ad all claims it may now, base or hereafter acquired under federal or suite antitrust laws for such ovembages relating to me particular goads or services purchased or acquired by the Purejuaer pursuant m this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Pmchucr directs the Seller m correct nonconforming or defective goods by a dare to b, agreed upon by me Purchaser and the Seller, and the Seller therema badicam its insbility or unwillingness to comply, the Purchzsa may came the work W be performed by me most expeditious means available to it, and the Seller shall pay all costs asswiated with such work. The Seller shill release the Purchaser and its contractors of any tier fmm all liability and claims of my mount mulling man the performance ofsuch work. This mime shall apply even in me event of fault of negligence of the parry, released and shall extend to the directors, afters and employers ofsucb party. The Sellers contractual obligations, including warmly, shall out be deemed to b, reduced, in any way, banner such work u performed in caused an he performed by the Purchases. 14. PATENTS. Nmenaer the Sella is required to use any design, desire, natenal or process covered by line(, patent, trademark or copyright, me Sella shall indemnity all save harmless the Purchaser from any and all claims for infringement by reason of the use of such Formed design, device, material or process in connection with the contract and shall indemnify the Purchaser for any cons, expense or damage which it may b, obliged to pay by mason ofsesch inGngemem at any time during she prosecution or after the completion of the work. In case said equipment, or any pan thermf or the iatendd use of me goads, is in such suit held to canstiture infringement and the use of said equipment or For is enjoined. the Sella shall, at its math expense and at its option, offer procure for the Purchase the fight to continue using said equipment or pats, replace the same wits substantially ryued but nonieffinging equipment, or modify it so it becomes noninGnging. 15. INSOLVENCY. If the Seller shall become insolvent or bmdmpt, make an assignment for the benefit of madhars,. appoint a tier, or trustee far any of me Sellers propdty or business, this order may Jamb ith he canceled by the Pmcbasa without liability. 16. GOVERNING LAW. The definitions of,,. used or the irrrerpteamon of the agreement and to rights of all parties hereunder shall be command a nde and governed by the laws ofine Sum of Colorado, USA. The following Additional Conditions apply only in cases where me Sella is to perform work hereunder, including he services of Sellers Repro eratim aft,h on me premises ifimli 17. SELLERS RESPONSIBILITY. The Seller shall carry an said work m Sella awn risk until the same is fully completed and accepted, and stool, in u of any accident, destruction or injury to the work anapor materials before Seller's final completion and cceptance, mandee But work at Seller's own expense and to the sommcfion of Jim Purchase. When m urinds and equipment are tarnished by others for insrallation or erection by the Sella, the Sella shall receive, unload, stare and handle same at the site and become responsible therefor as though such materials and/or equipment were being banished by the Seller under the order. 18. INSURANCE. The Salle shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase color, and/or in their depodents in accordance with the laws of the stare in which me work is to be done. The Seller shall elm cony, comprehensive partial Inability including, but not limited to, contractual and automobile public liability insurance with bodily injurq y and death limits of at least $300,000 far any one pers$500,000 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 Sellers or his contractors employees shill do any work upon the premises of others, me Seller shall Nmish the Purchaser with a certificate that such compensation and insurance have been provided. Such conduction; shall specify the date when such compensation and insurance have been provided. Such cenifirrom shall specify the dale when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall he mal.aind until after the mine work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby resonance the entire responsibility and liability for any and all damage, loss or injury ofany kind or more whmarma to promas or pmperty caused by or resulting farm the execution of the %ark provided for in this purchase, order or in connection herewith. The Seller will indemnify and hold harmless me Purchaser and any r all of the Purchasers oRcas, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to person or property to which the Purchase may be pm or subject by reason of any act, anion, neglect, omission or default on the pan of the Seller, any of his contractors, or any of me Sellers or contractors oRcers, agents or employes In me my suit or office Proceedings shall he brought apirat me Purchaser, or its officers, agents or employees at my tins, on account or by mason of my act, action, neglect, omission or default of the Sella of any of his contractors or any of its or their fam, ergo.. ar employees as aforesaid, the Seller Meby agrees in assume me defense thercof add to defend me same at the Sellers out expense, as pay any and all costs, chopes, momeys fees and other expedaes. any and all judgments that may be iwurrd by of obtained ii, rso the Purchaser or any of its or their Offl , agents in employers in such suits or other pmceditep, and m case judgment or other lien be, placed upon or obtained against the property, oftho Purchases, or said pries in or as a result attach suits or other proceedings, the Sella will at once cause me same m be dissalvd and discharged by giving band or ofervise. The Seller and his contractors shall take ell safety precautions, famish and m mR all guards necessary far the prevention of accidents, comply wit all laws ad regulation With regard m safety including, but without limitation, the Ocrmatimval Safetyad Health Act of 1970 and all tales and regulations issued pursumr thereto. Revised 03R010