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HomeMy WebLinkAbout102136 KORBY LANDSCAPING LLC - PURCHASE ORDER - 3215057Fort Collins PURCHASE ORDER PO Number Page 3215057 loft This number must appear on all invoices, packing sli s and labels. Date: 01/05/2015 Vendor: 102136 Ship To: PARK MAINTENANCE KORBY LANDSCAPING LLC CITY OF FORT COLLINS ATTN: STEVE L KORBY 413 S BRYAN 2406 E COUNTY RD #60 FORT COLLINS CO 80521 WELLINGTON CO 80549 Delivery Date: 01/05/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price 2015 Annual 1 LOT LS 60,000.00 PER TERMS AND CONDITIONS OF BID 7150 THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. 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.wrn Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By stature she City of Fan Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000581 is registered with the Collector of Failure of she Purchaser to insist upon strict performance of the terms and conditions hateof, failure or delay to formal Revmue, Denver. Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). execute any rights m remedies provided herein a by law, failure to promptly notify the Sella in the event of is breach, the acceptance afor p.Meet for goods herewder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED chat, to failure in meet specifcatiaw, either when shipped or due to defects of any of the warantia or obligations of this purchase, order and shall not be dermal a waiver of my right of the damage in transit, buy be rearmed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon stores performance hereof or any of its rights or remakes as to any such goods, remollas instructions from the City of Four Collins. of when shipped, received or accepted, as to any prim or subsequent default hereunder, nor shall any purposed oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Irspection. GOODS are subject to the City of Fort Collins inspection on anival. hereof. Final Acceptance. Receipt of the, merchandise, services or equipment in tespowe to this oNer can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. audionzd payment on me part of me City of Fan Collins. However, it as to be, understood but FINAL Sella and ,he Purchaer rawnim that in acnal anc practice, o ercherga resulting fmm antitrust ACCEPTANCE is hereabout upon compinion of all applicable minutes inspection paamma. violations art in fact homehaM by the Purchaser. Therfore,for gad cause and as consideration for executing this purchase order, the Sella hereby recsigtss in she Purchaser my and all claims it may now, have or hereafter Freight Terms. SMpme w most be F.O.B., City of Fort Collins, 700 Wood St, Pon Collins, CO 80522. unless acquired under fdt,ral or state antitrust laws for such overchatga relating b me particular good or services otherwise specified on this order. If permission is given to prepay tonight and charge separately, the oogiwl freight purchased or acquired by the Purchaser Pursuant to this pervious ardor. bill must accompany invoice. Additional charges for packing will not b, acceptor. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in vanow Parts of the embeary, shipment is Ifine Purchaser directs the Sella to correct nonconforming or defame good by a dare to be agreed upon by the expected fmm be crest distribution point to datiwtion, and excess freight will W deducted from Invoice when Purchaser wed the Seller, and me Sella member indicates in inability Or wo iffirm ss b comply, the Purchaser shipments are nude from grata distance. may cause the work to be performed by be most expeditious means available to it, and the Sella shall pay all cents assod stal wits such work. Pamirs. Seller shall procure. sellers sole cost all neenow, pemrits, ttnificum ad limxses required by all eppliable laws, regulations, oNiwnca and rules of she sae mudcipalily, territory m political subdivision where the wank s performed, r r agrees t by any other duly Forstimed public awhoriry having ainsdinioa over en woh of vendm. Sella further agrees to hold be City of Fort Collies harmless fmm era, against all liability ad loss wanted as by them by emmn of an serted or establishedestablishedviolation of any such ones, rtwwnea gula,io, mdi, rules andd nquiremrnts. Autho nnum a. All parties to this comma, agree Oat the representatives ere, in fact, bow fide ..it possess full and complete authority m bid said patties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the temp ad exsdiumas stated herein set froth and any supplemmmry or additional temp and mnditimts annexed hereto or incorporated herein by referena. Any additional or diffan, temn and conditions pa,sawl by sells ere objector to arch hereby jmd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately try. amp, make aumplele shipment to arive oa your promised delicay date as rated Time is of the essence. Delivery cod performance most be effector within the time stated On me purchase order and the documents attached hereto. No nett of the Purchasers including, without limitation, acceptance ofµssial late deliveries, shall operate as a waiver of this provision. In the event of any delay, Me Purchases shall have, in addition to other legal and assailable comedies, the option of placing this order elsewhere and holding the Sella liable for damages. However, the Sella shall Out be liable for damages as a result of delays Man to awes not nationality foreseeable which are beyond in reasonable natural and without its fault of negligence, such son of Gd, acts ofeivil or military authorities, govemmenal priontics, ma, strikes, Bond, epidemics, wars or rims provided mat nonce ofthe conditions waving such delay s given to the Pucclower within five (5) days ofthe time when me Sella firs, received knowledge thereof In the event army such delay, me date of delivery shall he extended for me period equal to me time actually last by rrasnn ofthe delay. 3. WARRANTY. The Sella warrants that all goods, articles, mmerials and work austral by this order will conform with applicable drawings, specifications, samples ad/or other descriptions given, will be tit for the purpaus intended, and perforend wish the highest degree of are and competence in accordance with accepted standard for work of a similar venue. The Sella agrees to bold the purchaser harmless fmm any loss, damage or expense which the Purchaser may seller or inew on account ofthe Salim breach of wartenty. The Seller shall replace, repair or make good, without cost to she purchaser, my defects or faults arising within one (I) year or within such longer peed of time is, may W prescribed by law or by me terms army applicable mainly my provided by me Sella after the date of acceptance of Me goods f nnisha hemwda (mceptance not to be unwamwbly delayed), mulling from imperfect or detective wok done or materials fumisha by me Seller. Acceptance or use of goods by she Purchase shall not commine a waiver of any claim under this warcanry. Except a otherwise provided in this purchase order, me Sellers liability hereunder shall extend to all damages proximately cawod by me breach of my of me foregoing warranties 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 order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by vernal or written change order. If my such change affects be amount due or the time ofperformmce hereunder, an equitable ad, women shall be made. 6. TERMINATIONS. The Purchaser may M any time by written change order, leaiwa this agreement in to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties in to any work or mmemis then in progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted ponion of me goads and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Sella with respect to any goods which we the Sellers standard stack. No such termination shall relieve the Purchaser or the Seller raft, of their Obligations a to any goods delivered heremder. T. CLAIMS FOR ADJUSTMENT. Any claim for djwrmeat most be asserted within thirty (30) days From the date the change or nomination is ordered 8. COMPLIANCE WITH LAW. The Seller micasts that all goods sold hereunder shall breve been produced, sold, delivered and fumshd in smies compliance with all applicable laws and regulations to which the goad We subject. The Sella shall execute and deliva such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character we hereby incorporated herein by this reference. The Sella agrees to indemnify and hold be Purchaser harmless fmm all costs and damages sulfated by be Purchase, an is result of Me Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pray shall assign, trawl ,err convey this order, or any monies den or to become due hereunder without the Poor written consent of be other piny. 10. TITLE The Sella warrmts full, clear and unrestricted title to be Purthator for dl equipment,,wtmials, and items furnished in perfoman a of this agrtenrcn, f and clear of any and all liens, mtricdons. marations, secoriry intent mcumbmarces and claims ofothers. The Sella shall .1. me Pardoner and its mrmmus. of any ties fmm all liability and claims of any same resulting four the performance of such work. This release shall apply even in she event of fault of negligence of the parry relmsd sand shall extend to she directors, officers and employees ofsuch party. The Sellels con. it obligations, including warranty, shall not be deemed to be seduce, in any way. because such wok is performed m aused to be performed by me Purchaser. 14. PATENTS. Whenever the Sella is required to use my design, device, material Orprocess covered by Inver, patent trademark or copyright, me Sella shall indemnify and save harmless the Purchases from any cod all claims for infringement by reaon of the was of such patmsed design, device, nurenal or process in connection with me combat, and shall indemnify be Purchaser for any cost, expense or damage which it nay be oblige to pay by reason of men infringement at any time during the prosecution Or sit the romplerion or the woh. fro rase said egdpmmr, or any pan thereof or the intended use of the good, is or such van held an constitute infnngemen, and the use of said equipment Or pan s enjoined, the Seller shall, orb its own expense ad at its option either procure for the Purthastt the right to continue wing said equipment m pass, replace the same wish substantially equal but tmninfringing equipment. Or modify it m it becomes mninftinging. 15, INSOLVENCY. If she Seller shall become insolvent or hankmpt, make m assignment far she benefit of aaimrs, appoiw a receiver or away, for any of the Sellers pmpecty or business, this order may foMwim be canMed by me Purchaser without liability. 16. GOVERNING LAW. no definitions oftemr wed or the interpretation ofthe agreement and the rights ofall parties hereunder shall he aumbu d under wed govemed by to lows ofine State ofColomdo, USA. The following Additional Conditions apply Only in cannes where the Sella is an perform work hereundn, including the servica fSellers Representativo(s), an be premiss ofodrom IT. SELLERS RESPONSIBILITY. The Sella shall any on said work at Sellers own risk until she some is fully completed and accepted, and shall, in on, of any accident, destruction ar injury to me work and/or materials before Sagefs final completion and acceptance, complete me wok at Sellers mica expense and to me satisfaction of she Purchaer. When materials and equipment are Marshal by others for installation or erection by she Sella, me Seller shall reactive, annual, store and handle same at the site and become responsible therefor as thought such materials and/m equipment were being pawned by the Seller under the Order. 18. INSURANCE. The Stela shall, at his own expense, provide for the payment of workers compensation, including occupational disease lameNs, to its employees employed on m in conection wish the wok covered by this purchase order, wd/or to their dependent in accordance with me laws of the sale in which me work is ,o be done. The Sella shall also carry comprehensive general liability including, but not limited b, wntractml and automobile public liability, insurance with bodily injury and death limits of at laws S300,000 for my one persav, $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 shall do my work upon the premises of others, the Seller shall finish me Purchaser with a certificate that such compensation and insurance have been provided. Such certificates alull specify be date when such rampant on ad insurance have been provided. Such ceNEam shall specify the daze when such aumpewetion and insurance expires. The Seller agrees but such compensation and insurance shall be maintained mtil after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ammo be entire responsibility and liability for any and all damage, loss or injury ofwy kind or nature whensoever to persons or property nosed by or resulting fora the execution ofthe wok provide for in this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Purchaser and my or all of the Purchaa, officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indict, and whether an persons or property to which me Punctuator may be put or subject by mson of any act, nation, neglect, omission or default on she part of the Sella, my of his contractors, or my of the Sellers or ennramrs officers, agents or employces. In case my suit or other proceedings shall be brought against the Purchases, or in officers, we= or employees at my time On account or by ceamn of any m, ration, neglect, omission or default of the, Sella of my of his commnors or any of in or Mae oMo., agents or employees as antacid, she Seller hereby agrees to assume the defense thereof and to defend the same a, Me Seller own expense, to pay my and dl costs, charges, surrom ys fees and other expenses, my and all judgment, that may be, incurred by or obtained against the Pa chaa or my of its or men officers, agents or employees in such suits or other proceedings, and in case jdgmeat or other lien be placed upon or obtained against the property of the Purcbwer, in said nodes in or as a result of such salts or other paeed'mgs, the Seller will at once reuse me same to be dissNvd and discharged by giviag band in othmvise. The Sella and his contractors shall sake all safety paautions, furnish and moral all guard necessary for the provertiaa of accidents, comply wins of ones and regulations with MW to safety including, bw without limitation, she Occupatimwl Safety and Health An of 1970 ad all rules ad regulations issued pursuant therta. Revised 07n(114