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HomeMy WebLinkAbout102136 KORBY LANDSCAPING LLC - PURCHASE ORDER - 9143954PO PURCHASE ORDER 914395er Page City, of PURCHASE 954 1 of 2 ' `tCollins` _ This number must packing ` �,I on all invoices, packing sli s and labels. Date: 07/1512014 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: 07/15/2014 Buyer: WILSON, JILL Note: Line Description Quantity Ordered UOM Unit Price Extended Price I Labor Charges Flower Planting 1 LOT LS 4,000.00 Downtown 2014 2 Labor Charges Flower Planting 1 LOT LS 5,125.00 Downtown 2014 3 Labor Charges Flower Planting 1 LOT LS 1,000.00 Downtown 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:purchasing@fcgov.com Total Invoice Address: 125.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Teens and Conditions Page 2 of 2 1. COMMERCDM.DUAILS. Tax exemptions. By stoma the Ciry of Fan Collins B exempt fmm state and local tars. Our Exemption Number is I L NONWAIVER. 98-04502. Federal Excise Tax Exemption Ceenu case of Registry 84-6000587 is regiuered with the Collector of Failure of the Manchester m insist upw strict performance of the moms and mnditiom hereof failure .,delay to Internal Revenue, Center, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26,114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in me mend of a breach, the acceptance of or payment far good hereunder or approval of the design, shall not release the Seller of Goads Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of on, of the ver tram, or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be reamed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon stnct performance thereof many of its rights or remedies At m any such gbut re,andles restrictions Bom the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purebae, order by the Purchaser operate a a waiver of any of the terms Inspection. GOODS are Subject o the City of Fan Collins impaction on amval, hemof Final Acceptance. Receipt of the merchandise, se r equipment in response to this order can result in rvrt o 12. ASSIGNMENT OF ANTITRUST CLAIMS, payment the pan of the City of Fad Collins Howeve,, it is Ito be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges insulting from ding this ACCEPT a re ACCEPTANCE is dependent upon completion of all applicable required inspection procedures, violations am in fact home d andasit consideration for cons] Purchase. Theretofore,Purchaser bby ane hereafter purchase order, the Seller hereby aaigns any end all claims it may now have or nereaffes for u an add have Freight must be F.O.B., City of Collins, 3ro Nand St,, Fort Collins, CO 80522, unless Freight on s h over scqubed wrier federal or state anthem laws for shin overcharge rdmivg to the particular grad or service s othem Stead ed his en o freight and charge separately, the original freight specified on this order. If permission is given to prepay pureM1axd or acquired by the Purehuer pursuant to this Ourehax other. must of bill must accompany invoice. Additional charges for looking will not be accepted. a PERFORMANCE OF SELLERS OBLIGATIONS. 1ft Shipment rain manufacturers uspans Nlted country, shllve hodetve aPURCI PorchLASERS IftheSeller tucoreclnrnemfonntngor defective ods to Ix, agreed on a datelingness the modest poi oation,nad excess m expected from the modest distribution prim do detonation, and excess freight will be deflated fmm Invoice when Pabythe it thser e mo indicants its inability or unwillingness m comply. the Purcha er or unwilthe Purchase,and the Sella, and the Selleby shipments we rude from greater distance. from all may caucc the work to ch performed by the most expeditious bncans available to it, and the Sella shall pay all the costs associated with such work. Frei Seller shall procure al sellers sole cast all nwessary permits, enificams add lid. required by all applicable laws, regulations, ordinance and roles of the state, municipality, f rrilmy or Political subdivision where the work is perfumed, or required by any tither duly constituted public authority having jurisdiction over the work of vendor. Seller fuller agmes to hold the City of Fon Collins hmmleas from and against all liability and loss incurred by them by reason of an worded or established violation of any such laws, regulations, summusces, roles and requiremene. Authorization. All parties to this contract agree that the representatives are, in fact, arms fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS, This Purchme Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional [ernes and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller arc objected,u and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted Time is of the es s nce. Delivery and performance must he effected within the time staled on the purchase order and the documents attached hereto. No ams of the Purchasers including, without formation, n, acceptance of formal late deliveries, shall cpemm as a waiver of this provision. In the event of any delay, me purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable far damages. Boweaa, the Seller shall not be liable for damages a it resull of delays due to causes not reasonably foreseeable which are beyond its rea erable control and without its fault of negligence, such acts of God, acts al'civil or military authorities, governmental corrodes, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given m the Purchaser within live (5) days of the time when the Seller fins received knowledge thereof. In the event of any such delay, the dam of delivery shall he extended for the period egml to the from actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples andor other descriptions given, will be lit for the purposes intended, and performed with the highest degree of care and m m estence in accordance with accepted standards for work of a mils, .,me The Seller agrees m field the purchaser harmless from any loss, damage or e,,. which the Purchaser may suffer or incur on account of the Sellers breach of warrmny. The Seller shall inflame, m mh m make goal, without coat to the purchaser, any defects or faults anion, within one (1) year m within such longer per] W of time as may be prescribed by law or by the terms of any applicable waroddy provided by the Seller after the dam of acceptance of the goods fumishcl hereunder (acceptance not to be unreasonably delayed), resulting from imperftct or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not mmtimte a waiver of any claim under this asmomV. Except as otherwise provided to this purchase aide,, the Sellers liability hereunder shall eamal m all damage pmainnorel, ..it by the breach of any of the foregoing warranties or guarantees. but such liability shall in no envier include loss of profits a loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANG ES IN LEGAL T ERMS, The Purchaser may make changes to legal terms by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to life Icrrns, other than legal terms, including whiners to or deletions man the quantities originally ordered in the specifications or drawings, by verbal or wrown 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 Prrchascr duty at any time by wriarn change order, morniume this agreement as no my or all portions of the goods then not shipped, subject in any equitable adjustment between the parties res to my work or materials then in progress provided that the Purclower shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods -rDA ..,it, for incidenb it or cam quenlid damages, and that no such adjustment be made in farruir of the Seller with respect any goods which ore the Sellers standard Stock. No such termination Shall relieve the Purchmcr or the Seller ofany of their obligations as to any goods delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for adjustment matt he rimed within thirty (30) days f m the date the change or termination is ondered. 8. COMPLIANCE WITH LAW. The Seller warrom that all goods sold hereunder shall have been produced, Said, delivered and famished in shim compliance with all applicable laws and neutral m to which d, goad me subjecd. The Seller shall execme and deliver such documenu as may be mryired tA.Hict or evidence campliavice. All laws and regulations required on be incorporated in a,mements of this character arc hereby incoryomted herein by this reference. The Seller agree to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as n result of the Sellers failure in comply with such law. 9. ASSIGNMENT. Neither pity shall assign, aamfeq or eomey this abler, or any monies due or to become due hermda without the p6or wrnen consent of the other petty. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and ]tens famished in performance of this agreement, free and clear of any end all liens, restrictions. reservations. secunly interest eccumbpuams and claims create - The Seller shall release the Purchaser and its contractors of any tier fmm all liabil try and claims of any nature roself., from the performance ofsuch work. This release shall apply even in the event of foul, of negligence of the party released and shall extend to the directors, officers and employees ofsuch pout}. The Sellefs contractual obligations, including warranty, shall not be deemed to be reduced, in any way, became such work is performed or caused to be peif toed by he Purchaser, 14. PATENTS. Whenever the Seller in required to me any design, device, mo erial or process covered by tenet, patent, trademark or copyright, the Seller shall indemnify and Save harmless me Purchaser from any and all claims for inGngem in by reason of the use of such p immed design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged 1. pay by reason ofsuch infringement at any time during he prosemim. or offm the completion of dbe work. In case said equipment, or any pan thereof or the intended use of the gads, is in such suit held to constitute infringement 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 Pmcnmer the, right to continue min, said equipment or pans, replace the same with substantially equal but n rrinfnnging equipment, or malify it so it becomes nonivfringing. 15. INSOLVENCY. If the Seller amil becone insolvent or bankrupt, make an asignmenl for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith he canceled by the Mammon without liability. 16. GOVERNING LAW. The definitions affirm used or the interpretation ofthe agreement and the rights of all parties hereunder shall be construed under and govemW by the laws of the State ofColmodo, USA. The following Additional Conditions apply only in cases where the Sella is to perform work hereunder. including the service ofSelle, Reprexeppeam (a), on the memkxs ofodem. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellefs own risk until the same is fully completed and accepted, and shall, in case of any accident, destraction or injury to the work and/or materials before Sellefs final completion and acceptance, complete the work of Sellers own expense and to the satisfaction of the Purchaa. When materials and equipment ere furbished by others for installation or erection by Be Sella, the Seller shall receive, trained store add handle same at the site and become responsible therefor me though such materials andlor equipment were being fumuhed by the Seller under the maker. 18. INSURANCE. 'Ihe Seller shall, at his own expense, provide for the payment of workers compensation, including occupational distance benefits, to its employees employed on or in connection with Ihe work covered by this purchase order, an&., to their dependents in acoNance with the lows of the stare in which the .,it is to be dame. The Seller shall also carry comprehensive general liability including, hot not limited to, comractual add automobile public liability insurance with buddy injury and death limits of at lead 5300,000 for any one person, 5500,000 for any one accident and property damage limit per accident of 54(0,000. The Seller shall likewise require his conditions. if any, w provide lot such compensstion and insurance. 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 certificate that such comparison— and insurance have been provided. Such certificate shall specify the date when such compensation dial product have been provided. Such certificates shall specify the date when such compensation and insurance expire. The Seller agrees Jut such compensation and insurance shall be maintained until after fire entire work is completed and accepted. 19. PROTECTION AGAINSTACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or remre whatsoever W persons or property caused by or mulling fmm the execution of the wood, provided for in this purchase, order or in connection herewith. The Seller will indemnify and hold handless the Purchase and any r all of the Purchasers officers, agents and employees from add against say end all claims, base, 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 oa the part of the Seller, any of his contractors, or any of the Sellers or contractors affects, agents or employees. In case any suit or other proceedings shall be brought, aplml the Purchase, or its officers, agents or employees an any time on account or by earn of any set, action, neglect omission or default of the Seller of any of his der.ors or any of its or their officers, agents or employees as aforesaid, the Sella hereby agrees to assume the defense thereof and to defend the same at the Sellers own enpeme, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in cam judgment as other lien be placed upon or obtained against the property of the Purelown , or said pubes in or in a result ofsuch suits or other proceedings, the Seller will at once worse the acme to be dissolved and discharged by giving bond or otherwise. The Seller and his contrufors shall take all safety precautions, famish and install all guard necessary f the prevention of accidents, comply with all laws and regulations with expand to Safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all toles and regulations issued pursuant thereto. Remixed Madill)