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HomeMy WebLinkAbout102136 KORBY LANDSCAPING LLC - PURCHASE ORDER - 3214278Fort Collins Date: 06/10/2014 Vendor: 102136 KORBY LANDSCAPING LLC 3201 E MULBERRY, UNIT S FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 3214278 1of2 This number must appear. on all invoices, packing sli s and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 01/09/2014 Buyer: Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 Addeudum to PO 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@fogov.com 1 LOT LS 50,000.00 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terrns and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes, Our Exemption Number is 11. NONWAIVER, 98l 502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Contact of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof failure or delay to Inmmrl Revenue, Denver, Colorado (Ref. Colorado Revised graphics 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller m the event of a breach, the acceptance ofof payment for goad hereunder or approval of the design, shall nor release the Seller of Goods Rejoined. GOODS REJECTED due to failure to men specifications, either when shipped or due in defects of any of the quantities or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in tramit, may be mumed to you for credit and are not to be replaced except upon receipt of written purceser to insist upon strict Performance hereof or any of its rights or remedies as m any such good, regardless instructions from the City OfFort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purponed ore] modification or rescission of this purchase order by the Purchase operate as a waiver of any of the tams Inspection. GOODS are subject to the City of Fort Collins initiation m amend. hereof. Final Acceptance. Receipt of the memhmiw, services or equipment in response an this order for result is 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood flat FINAL Seller and the Purchaser recognize fast in actual economic practice, a archarga resulting from antitrust ACCEPTANCE is dependent upon complain. of all applicable required inspection procedures. violin.. are in fain bome by the Pumhasa. Theremfore, 6r good exam and as mnsid.mn for auction, this purchase order, the Seller hereby an igtxs to the Pmchasa any am all claims it may now have ar Jacobs, Freight Terms. Shipments must be F.QB.. City of Fort Collins, 700 Wood SL, Fan Collins, CO 80522. unless acquired under federal or scale antitrust laws far such.1satgrs relating to the pa befor good or a.icce otherwise specified an this order. 11 permission is given to prepay freight and charge separately, the original freight purcluued or acquired by the Purchaser pursuant to this purchase order. bill must accountant invoice. Additional charges for backing will not be emoted, Shipment Distance. Where manufacture, have distributing points in varvains, Pau of the mumry, shipment is expected from the nearest distribution prim to destination, and excess freight will be ddunnd fmm Invoice when shipments are nude from grater distance. Permits. Seller shall procure at sellers sole cost all necessary permi,, bapficnes and lica.es required by .II applicable laws, regularrom, mdinanca and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority hating jurisdiction over the work of vendor. Seller further agrees to hold the City of Fon Collins humorless from and against all liability and loss incurred by them by realm of an ranged or established violation of any such laws, regulations, ordinances, holes said requirements. Autharization. All p lies to this commit agree that the representatives are, in fact, bona Ede and possess full and complete authority ca hind said panics. LIMITATION OF TERMS This Purchase Order expressly limits acceptance to the terms and conditions stated herein set fall, and any gmplemenmry or additional terms and conditions annexed herein or incorporated herein by reference. Any additional ur diffcrem mats and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE. ADVISE PURCHASING AGENT immediately ifyru cannot mike complete shipment to arrive on your promised delivery Jae az iced. Time is of the essences. Delivery and perfo rnows, must be effected within the time stated on the purchase order and the documents; amched berets. No ace, of the Purchasers including, without limitation, acceptance ofootball late ddivenes, shall operate as a waiver of this provision. In the event of any delay, the Purchaser sell have, in addition to other legal and ry Seiler mmndut 1 the option of placing this mran elsewhere and bolding she tells, liable for damages. However, the Seller shall not ce liable for damages az a result of delays due ton causes nortmsofeivi farsecoble which tie beyond its reasonable control and without a faulti as, or suchnos pros id d that acts ice of t or militaryminorities,causing grammatical is priorities, firm, snikeA rood,five epidemics,5)wars or time provided that notice of the conditions knowledge causing of. I delay is given m the Purchaser within of d livdays of the time when the Seller fire received knowledge thereof. In the nand of any such delay, the dam of delivery shall be extended fm the period alml to the time nnvlly lost by rtawn of the delay. 3. WARRANTY. The Seller warrants that all goods, anic]a, maenals and work covered by this order will contour with applicable drawings, spmifcations, samples =War other capriptions given. will be fit for the proposes intended, and pert nd with the highest degree of care and competence In ncordance with accepted standard for work of similar mire. The Seller agrees to hold the purchaser hailms from any loss, damage or expense which the Purchaser may suffi or incur on amount of the Sellers breach of warranty. The Seller shall replaw, , repair or make good, without cast the purchaser, any defer, or f Its arising within one (1) year or Within such longer period of time as may be presentand by law or by the terms Ofany applicable stationary provided by the Seller after the date of accepnance of the goods famished hereunder (acceptance not to be umeaarmbly delayed), resulting fmm imperfect or defective work done or mmenab famished by the Seller. Acceptance or use of goods by the Purchaser shall not onstimte a waiver of any claim under this wamnry. 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 warmntin or guarantees, 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 chain. 5. CHANGES IN COMMERCIAL TERMS. The Punch,, may make any changes to the terms, other thin legal Terms, including additions to or deletions from 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 perfommame haeunda, an equitable adjustment shall be made. 6. TERMINATIONS.. The Purchaser may at any time by written change order, terminate this agreement w many or all pommrs of ,..it, then not shipped, subject,, any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not he liable for any claims for anticipated profits on the uncompleted person of the goods and/or work, for incidemmi or consequential damages, and that no such adjustment be made in favor of the Seller with respect o any goods which arc the Sellers standard stork. No such circulation shall relieve the Purchaser or the Seller ofany oftheir obligations as to any good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within do" (30) days from the date the change in resignation is ordered. 8. COMPLIANCE WITH LAW. The Seller wamnts fret all Good sold hereunder shall Have been produced, sold, delivered and famished in He, compliance with all applicable laws and regulations to which the good are subject The Seller shall execute and deliver such documents as may be required to effect or eviderm compliance. All laws and regulation, required to be incorporated in agreements of this character are hereby inmrpantd herein by this reference. The Seller agrees W indemnify and hold the Purchavor harmless form all costs and damage suRad by the Purchase az a result of the Sellers faille to comply with such law. 9. ASSIGNMENT. Neither parry shall resign, mansfer, or convey this order, or any monies due Or to become due hereunder without de, poor written consent of the other pay. la. TITLE. The Seller warrants full, then and unrestricted tide to the puabamr for all equipment, materials, and items Bimetal in perform of this agreement, free and then em of any and all di. restrictions, reservations, interest intet an.mmbmnm and claims ofothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. ]fine Purchaser three%the Seller to correct nonconforming or defecive goods by a date m 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 week to be anformd by me most expedilums an. available . it, our the Seller shall pay all costs associated with such work. The Sella shall release the Purchaser and its contractors of any tier from all liability and claims Of any nature resulting from the performance afsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the director,. officers and employeas of such parry. The Sellers amnamal obligations, including warmany, shall not be deemed to be reduced, in any way, became such work is performed or caused,, be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to nse any design, device, material or process covered by letter, patent, trademark or copyright, the Seller that indemnify and save handless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the aguact, and shall indenmify flat Purchaser fur any rest, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended nu of the goads, is in such suit held to constitute inGngement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the fight to continue using said equipment or pans replace the same with substantially equal but noninfringing autpurem, or modify it sat it becomes noninfringing. 15. INSOLVENCY. If the Sella shall become insolvent or bankmpt, make an assignment for the bmePo of creditors, appoint a receiver or .%fee for any of the Sellers property Or business, this order may forthwith be canmled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofmmis bend or the interpretation ofthe agreement and the rights of all t aria hereunder shall be command under and govemnd by the laws of the Some ofColomdo, USA. The following Additional Conditions apply only in cases where the Sella is to perform work hereunder. including the smicm ofScll. Repmsanmtive(s), on the premises ofwhers. 17. SELLERS RESPONSIBILITY. The Seller shall carry oa said work at Sellers own risk until the same is Polly completnd and nmpted, and still, in cost of any accident, dentmetion or injury to the work valor connote before Sellers fiml complaion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such .,coals and m almigrenl were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers mmpemation, including recupational disease benefits, m 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 of limited to, contractual and automobile public liability in — a witb bodily injury and death limn, of at least S300.000 for any one person, $500,I0n for any one accident and property domnge limit per accident of S400,000. The Seller shall likewise obtain, his contractors, it any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall Pomish the Purchaser wish a ceritireat that such compensation and insurance have been Omvided. Such certificates shall specify the door when such compensation and insurance have been provided. Such cedificares shall specify the date when such cotnpemation and insurance expires. The Seller agrees that such compensation and imarance shall be maintained until ant, 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 of any kind r nature we,oever to Persons or properly caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold horn phi, the Purchaser and any r all of the Purchasers ofTc ns, agents and employees from ad against any and all claims, trusts, damages, charges or expenses, whether direct a indirect and whether. pemas a property to which the Pmebase, may be put or subject by meson of any act, action, neglect, omission or default on the part of the Seller, my of his mire cgs, or any of the Sellers Or cantmnors offs ers, agents or employees. In case any suit or offer proceedings shall M brought against the Purchases, or its Officers, agen%or employees at any time on account or by among of any act, action, neglect, omission or default of the Selle of any of his comrecmrs or any of i%or their ollicers, .,am m employees ss aforesaid, the Sell. hereby agrees at assume the defense thereof and to defend the some at the Sell. own expense, to pay any and all cos%, chilies, anomrys fees and other expenses, any and all judgment, that may be incurred by or obtained against the plrreftega or any of am or their ofRc., agents or employees in such suits in other prwtdings, am in case judgment or offer lien be placed upon or Obtained against the pmpeny of the Phmbvser, or said parties in or as a result of such phis or other pos ealings, the Seller will at once cause the same to be, dissolved am discharged by giving bong m otherwise. The Sella and his mnuactors shall rite all safety precaution, famish and install all goad necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, bur without limitation, the Occupational Safety and Health Act of 1920 and all holes and regulations isaned pursuant th.m. Revised 03,2010