Loading...
HomeMy WebLinkAbout102136 KORBY LANDSCAPING LLC - PURCHASE ORDER - 9156163City of /"* N r Collins Date: 10/06/2015 PURCHASE ORDER PO Number Page 9156163 tof2 This number must appear on all invoices, packing slips and labels. 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: 10/06/2015 Buyer: ELLIOT DALE Note: Line Description Quantity Ordered UOM Unit Price Extended Price Median Renovations 1 LOT LS 110,268.56 Horsetooth and Lemay median PER TERMS AND CONDITIONS OF BID 8131 AND AGREEMENT DATED AUGUST 31, 2015. Total $110,268.56 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 invoices @fcgov.com Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By stave the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapta 39-26, 114 (a). exercise my rights or remedies provided herein or by law, failure to promptly Derry the Seller in the event of a breach, the acceptance ofa payment for goods hemunda or approval cribs design, shall not release the Seller of Goods Rejected GOODS REJECTED due or failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of my right of the damage in mnsit, may be retumel to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or my of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of whom shipped, received or accepted, as to my prior or subsequent default hereunder, nor shall my purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTTrRUST CLAIMS. authorized payment on the part of the City of Fan Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulfing from antitrust ACCEPTANCE is dependent upon completion Droll applicable required inspection precedents. violations are in feet home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tema. Shipments must be F.O.B., City of Fan Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or were antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Palomar pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. U. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of die country, shipment is If the Purchaser directs the Sella ta contact nonconforming or defective goods by a date to be agreed upon by Ore expected from the nmmt distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafla indicates its inability or unwillingness to comply, the Purchaser shipments am made from greater distance. may cause the work in be performed by die most upeditious means available to it, and the Seiler shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and notes of the state, municipality, territory or political subdivision where the work is perfumed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Sella further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by (hem by reason of an asserted or established violation of any such laws, regulations, ordinances, miss and requirements. Authorization. All parties to this contract agree that the mpnentatives are, in fact, bona fide and possess PoII and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional lemts and conditions annexed hereto or incorporated herein by reference. Any additional or different mm, and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on yaw promised delivery dale as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and die documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operate as a waiver of Nis provision. In die event army delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seiler shall not be liable for damages as a mutt of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil or military authorities, governmental priorities, furs, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Sella rust received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal in the time actually lost by reason of the delay. 3. WARRANTY. The Sella warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold die purchaser hamdess from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any 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 army applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (weepteace not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials famished by the Sella. Acceptance or use of goods by the Purchaser shall not constitute a waiver orally claim under this warranty. Except as otherwise provided in this purchase order, (he Sellers liability here"der shall extend to all damages proximately caused by the breach of my of the 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 easy make any changes to the mums, other than legal tame, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal a written change order. If any such change affect the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at my time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties nor to any work or materials then in progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the "completed 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 to any goods which are the Sellers standard stock. No such nomination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or termination is ordered 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods am subject. The Seller shall execute and deliver such documents as may be requimd to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Pucchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE - The Sella warrants full, clear and unrestricted fide to the Purchaser for all equipment, materials, and items famished in performance of this agreement free and clew of any and all liens, restrictions, nervations, security interest encumbrances and claims of others. The Seller shall mi. the Purchaser and its contmctors of any fia from all liability and claims of any aware resulting from the performance of such work. This release shall apply even in die event of fault of negligence of the party released and shall extend to the directors, effects and employees of such party. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed err caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use my design, device, material or pmcess covered by learn, parent, trademark or copyright, the Seller shall indemnify and save hamiless the Purchaser from any mid all claims for infringement by mason of the use of such patented design, device, material car process in connection with the corrosion, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the promitim or aft" the completion of the work. In case said equipment, or any pent thereof or die intended use of the goods, is in such suit held, to constimte infringement and the use of said equipment or pent is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the some with substantially equal but noninfringing equipment, or modify use it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by (Ire Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all parties hereunder shall be construed under and governed by the laws of the Stare of Colorado, USA. The following Additional Conditions apply only in rases where the Seller is to perform work hereunder, including fire services of Sellers Represrniative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk unfit the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Sellers fmal completion and acceptance, complete the work at Settees awn expense and 0 the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Sella shall receive, unload, store and handle same at the site and become responsible therefor as though such materials md/or equipment were being furnished by the Sella under the order. 18. INSURANCE. The Seller 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 order, and/or to their dependents in accordance with the laws of the state in which the work is to be time. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at Iran S300,000 for any one person, S500,000 for any one accident and property damage limit per accident of S400,000. The Sella shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or has contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided Such certificates shall specify it. dam when such compensation and insurance have been provided. Such certificates shall specify the date what such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entim mpomibility and liability for any and all damage, loss or injury army kind or nature whatsoever to persons or property caused by or mulfing from tlw execution of the work provided for in this Furthax order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or 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 pm or subject by reason of any act, action, neglect, omission or default on the part of the Sella, my of his contractors, or any of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against the Purchaser, or its officers, agars or employees at my lime on account or by reason of any act, action, neglect, omission or default of the Sella of my of his contmctors or any of its or their officers, agents or employees m aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, ammeys fees and other expenses, my and all judgments that may be ineurted by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or a a mutt of such suits or other proceedings, the Sella will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and has corm hors shall take all safety interactions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard in safety, including, but without limitation, the Occupational Safety and Health Act of 1970 and all talesand regulations issued Forswear thereto. Revised 0312010