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HomeMy WebLinkAbout102136 KORBY LANDSCAPING LLC - PURCHASE ORDER - 3215146Fort Collins Date: 01/12/2015 Vendor: 102136 KORBY LANDSCAPING LLC ATTN: STEVE L KORBY 2406 E COUNTY RD #60 WELLINGTON CO 80549 PURCHASE ORDER PO Number Page 3215146 tote This number must appear on all invoices, packing slips 1 labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 01/12/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 2015 CONTRACTUAL 1 LOT LS 50,000.00 P[ER TERMS AND CONDITIONS OF BID 7564 AND 7113, 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.com Pay terms net 30 days 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 1. COMMERCIALDETAILS. Tax eeemprios. By summ Ilse Ciry of Fon Collins is exempt Gom stain and IoW taxes. Ow Exemption Number n 98-Bs502. Federal Excise Tax Exemption Certificate of Registry 84-64NN 58] is registered with the Collector of Internal Revenue, Denver, Colorado (Ref, Colorado Revised Statutes I973, Chapter 39-26, 114 (a). Goads Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit may be resumed to you for credit and are not to be replaced except upon receipt of women instructions from the City of Fon Collins. Inspection. GOODS are subject o the City of Fon Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in autharieed payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is depwdenl upon completion ofall appliable rryulred inspection pmadents. Freight Terms. Shipments must be FOB , Ciry of Fon Collins, 700 Wood St, Fort Collins, CO 90522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for packing will net be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected form the nearest distribution ,at Io damnation, and excess freight -11 the, deducted from Invoice when shipments are made from greater distance. Permits. Seller shall picture at sellers sole cost all necessary permits, cenificates and licenses required by all applicable laws, regulations, ordinances and rulas of the sure, municipality, senator, or political subdivision where the work is performed, or required by any other duly marooned public authodry having jurisdiction over the work of vendor. Seller fuller agrees to hold the City of Pon Collins humless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such lawn, regulations, ordinances, rules and requirements. Authorication. All parties to this contract agree that the representatives are, in fact bona fide and possess full and complee aurhomy to bind said homes. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions mated hear set forth and my supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately tryout cannot make complete shipment m arrive an your promised delivery date as noted. Time is of the essence. Delivery and perfomance must be effected within the time stand on the purchase order and she documents mmhed hereto. No acts or the Purchasers including, without limitation, acceptance of partial late deliveries, shop operate 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 of placing this order elsewhere and holding me Seller liable for damages. However, the Seller shall not be liable for damages in a result of delays due on causes not memorably Consomme which are beyond its «awnable control and without its fault of negligence, such mers of God ens of civil or military authorities governmental priorities, fires, strikes, flood epidemics, wars or thou provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge merwf In the event of my such delay, me data of delivery shall be extended for the period equal m the time actually lost by reason of the delay. 3. WARRANTY The Seller cotenant that all goods, micles, marerials and work covered by this order will wofmm with applicable drawings, specifications, samples mdfer other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance rids accepted standards for work of a imilar nature. The Seller agrees to hold the punfurr harmless from my lass, damage or expense which me Purchaser may suffer or incur on mascot of the Sellers breach of waran y. The Seller shill replace, mpair m make good, without cost m the purchase, my defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of my applicable wananry provided by the Seller after the dare of acceptance of the goods furnished hereunder (acceptmce not to be wommonably delayed), resulting from imperfect or defective work done or motion als famished by me Seller. Acceptmce or use of good by the Purchaser shall not wnmtum a waiver of any claim under this wommry. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend m all damages posomencly caused by the breach of my of the foregoing wonannes or guarmtees, 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 at. by written change ordn. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the terms, other than legal terms, including additions to or deletions from me am as originally ordered in the specifications or drawngs, by verbal or woners change order. If my men change affecu the amount due or the time of performmce hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at my time by wrinen change order, tmminme this agreement as to my or all portions of the good then not shipped, subject to my equitable adjustment between the parties as to my work or manna& then in progress provided mat the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted proton of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor or the Seller with respect to any good which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of my of chair obligations u to my goad delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered 8. COMPLIANCE WITH LAW. The Seller wanant that all good sold hereunder mill have bete produced, sold, delivered and furnished in mite compliance rim all applicable laws and regulations w which the goods arc subject. The Seller most execute and deliver such documents as may be required in effect or evidence compliance. All laws and regulations required m be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller ugrees in indemnify and Mid the Purchaser harmless from Of costs and damages suffered by me Purchaser as a result of me Sellers failure at comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE, The Seller warrants full, clear and tmrestrined are in me Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of my and all liens, restrictions, reservations, smunry interest encumbrances and claims of.11hers. 11, NONWAIVER. Failure of the Purchaser to insist upon scrip performance of the terms and conditions herco( failure or delay to any rights or remedies provided herein or by law, failure to promptly rich fy the Seller in the event of a breach, exercise acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of me purchaser in insist upon strict predominates hereof or any of its rights or remedies as to airy such god, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall airy purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the mans heroof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognia that in actual economic practice, overcharges resulting from antimast violations are in fact Some by the Purchaser. Theretofonfor good cause and as consideration for execunng this purchase order, the Seller hereby assure to the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overcharges relating as the particular goods or services purchased or acquired by the Purchaser pursumt m this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to cancer nonconfomting or defective good by a due m be agreed upon by the Puchaser and the Seller, and the Seller thereafter indicates its inability or unimlimpers m comply, the Purchaser may cause me work m be performed by the mom expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier form all liability and claims of any name resulting from the performance of such work This release shall apply even in the event of fault of negligence of me parry released and shall extend m the dinmmrs, officers and employees of such Parry. The Sellers contractual obligations. including wmmry, shall not be deemed m be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by Inter, patent, trademark r copyright, the Seller shall indemnify and save harmless the purchaser from any and all claims for infringement by reason of the use of such patented design, device, national or process in connection with the contract and shall indemnify the PmeAaser for my corn, expense or damage which it may he obliged to pay by reason of such infringement at any time during the persecution or after the completion of the work. In case said equipment or my pan thmwf or the intended use of rue goods, is in such .it held Io conmimte inMngement 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 me right in continue using said equipment or pans, replace the same with substantially equal but noninMnging equipmw, or modify it as it becomes namnfinaging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for me benefit of creditors, appoint a receiver or trustee for my of me Sellers pmpeny or business, this order may fenhwith be canceled by me Practicer ufthin liability. 16, GOVERNING LAW. The definitions a corms sd or me interpretation of the agreement and the right of all parties heremder shall bo continued under and governed by the laws of me Stine of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representaoxern, on the premier Ofothen Cl. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk unel the same is fully completed and accepted, and shall, in e of my accident, destruction or injury to the work md/or materials before Sellers final completion and acceptance, complete me work at Seller's 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 reeetive, unioad. store and hurdle same in the site and become responsible therefor as though such materials mNor equipment were being famished by the Seller under the order. 18 INSURANCE, The Seller shall, at his own expense, provide for he payment of workers compensation, including occupadoml disease benefit, m its employees employed on or in comecoon with the work covered by this purchase order, mdtor to their dependent in accordance rim the laws of the sate in winch the work is to be done. The Seller shall also carry comprehensive gnaeml liability including, but not limited in, contractual and automobile public liability insurmce shin Wdily injury and death limits of m least $300,O0) for any one person, $500,000 for my one accident and property, damage limit per accident of $400,000. The Seller shall likewise require his contractors. if any, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do my work upon the premises of often, the Seller shall famish the Purchaser with a cesificam that such comparournin and insurance have Sam provide. Such c nificates shall specify me daze when such compensation and insurance have been provided. Such certificates shill specify the date whin such computation and in expires. The Seller agrees that such compensation and inurm sce shall be maintained until after the emirs work is completed and accepted 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume, the more responsibility and Iiabiliry for my and all damage, loss or injury of my kind or nature whatsoever to persons or property cased by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my r all of the Purchasers officers, agents and employees from and against my and all claims, losses, 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 my set action, negiwt omission or deftall on the pm or the Seller any of his contractors, or my of the Sellers or coutraccors Officers, agents or employes. In now my suit at other proceedings shall be brought against the Purchaser, or in officers, agents or employes at my time on account or by reason of my act, action, neglect, omission or default of the Seller of my of his contractors or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend me same at the Sellers own expense, m pay any and all cost, charges, attorneys fees and other expense, my and all judgments that may be incurred by or obtained against the Purchaser or my of its or their ofcan, signals or employes in such suits or other proceedings, and in use judgment or other lion he placed upon or obtained against the property, of the Purchaser, or said parties in or as a result of such suits or other prowdings, the Seller will at once case the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety prwauMns, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations wits regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant therein. Revised 09I2014