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HomeMy WebLinkAbout102136 KORBY LANDSCAPING LLC - PURCHASE ORDER - 9163546 (4)Fort Collins Date: 06/09/2016 Vendor: 102136 KORBY LANDSCAPING LLC ATTN: STEVE L KORBY 2406 E COUNTY RD #60 WELLINGTON CO 80549 PURCHASE ORDER PO Number Page 9163546 1of2 This number must appear on all invoices, packing slips and labels. Ship To: ENGINEERING DIVISION CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS CO 80521 Delivery Date: 06/08/2016 Buyer: ELLIOT DALE Note: Line Description Quantity UOM Unit Price Extended Ordered Price i Mulberry Bridge Landscaping 1 LOT LS PER TERMS AND CONDITIONS OF BID 8279 AND AGREEMENT DATED 6/8/2016. 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 475, 305.35 Total $475,305.35 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 I COMMERCIAL DETAILS Tax exemptions. By statute the Crry of Fort Collins is exempt from mare and local taxes Out Exemption Number Is 98-04502 Federal Excise Tax Exemption Cemficate of Registry 84-6000587 is registered with the Collector of Internal Revenue. Denver, Colorado (Ref Colorado Revised Sm otes 1973, Chapter 39-26. 114 (a). Cords Rejected. GOODS REJECTED due to failure to meet specifications, ether when shipped or due to defers of damage in transit. may be returned in you for credo and are not in be replaced except upon receipt of written instructions from the City of Fort Collins Inspection. GOODS are subject to the City of Fort Collins inspection on arrival I I. NONWAIVER. Falum of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to exercise any nudes or remedies provided heron or by law, failure to promptly notify the Seller in the event of a breach, the 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 riot be deemed a waive of any right of the purchaser to insist upon strict performance hereof or any of is rights or remedies as many such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall tiny purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof Final Acceptance Receipt of the merchandise, services or equipment in response to this order can result m 12. ASSIGNMENT OF ANTITRUST CLAIMS. mthonzed payment on the part of the City of Fort Collins However, it Is to be understood that FINAL Seller and the Purchaser recognize that In actual economic practice. overcharges resulting from an pewit ACCEPTANCE is dependent upon completion of all applicable required impection procedures violations are in faro 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 Terms Shipments most be F O.B.. City of Fort Collins. 700 Wood St, Fort Collins, CO 80522, micas acquired under federal or time anatrum laws for such overcharges relating to the particular goods or services otherwise specified an tins order If permission Is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser Jargons in this purchase order bill must accompany invoice Additional charges for packing will not be accepted Shipment Distance Where manufacturers have distributing points In various pares of the country, shipment is expected from the nearest distribution point to destination. and excess freight will be deducted from Invoice when shipments are made from greater distance Permits Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state. municipality, territory or political subdivision where the work is performed, or required by my other duly amounted public authority having jurisdiction over the work of vendor Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of my such laws, regulations, ordinances, rules and requirements Authorization All panes to this contract agree that the representatives are in face bona fide and possess full and complete authority to bind said parties LIMITATION OF TERMS This Purchase Order express* limits acceptance in the terms and conditions stated herein set ford, 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 we objected to and hereby rejected 2 DELIVERY PLEASE ADVISE PURCHASING AGENT Immediately ifyou cannot make complete shipment in arrive on your Mounted delivery date as noted. Time Is of the essence Delivery and performance mast be affected within the time stated on the purchase order and the documents attached herein No acts of the Purchases including, without Initiation, acceptance of partial lam deliveries, shall operate as a waiver of this provision. In the event of my delay, the Purchaser shall have, in addmon to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages However. the Seller shall rim be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond I% reasonable control and without its fault of negligence, such acts of God. acts of civil or military mthormes, governmental pnomtes, fires, stokes, flood, epidemics. was or mots provided thin notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time wban the Seller first received knowledge thereof In the event of my such delay, the date of delivery, shell be mended for the period equal to the time morally lost by reason of the delay 3 WARRANTY The Seller warrants that all goods, mules, materials and work covered by this order will conform with applicable drawings. specifications. samples andar 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 stmdar nature The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchase 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, 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 warranty provided by the Seller after the dare of acceptance of the goods furnished hereunder (acceptance not in be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller Acceptance or use of goods by the Purchaser shall not constitute a waiver of my claim under this warranty Except as othenvse provided in this purchase order. the Sellers liability hereunder shall extend in all damages proximately caused by the breach of my of the foregoing winnows or guarmmes, but such lability shall of 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 airy make my changes in the terms. other than legal terms, Including additions to or deletions from the quantities originally ordered in the specifications or drawings. by verbal or wren change order If any such change affects the amount due or the nine of performance hereunder, an equitable adjustment shall be made 6 TERMINATIONS The Purchaser may at my now by written change order, terminate this agreement is in my or all ponxons of the goods then not shipped, subject to my equitable adjusmem between the prates as to my work or materials then in progress provided that the Purchaser shall not be liable for any dorms for anticipated profits on the uncompleled person of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Salim with respect in my goods which we the Sellers standard stock No such lamination shall relieve the Purchaser or the Seller of my of their obligations is to my goods delivered hereunder 7. CLAIMS FOR ADJUSTMENT Any claim for adjustment most be asserted within thim (30) days from the date the change or lamination is ordered 8 COMPLIANCE WITH LAW The Seller warrants thin all goods sold hereunder shall have been produced, sold delivered and furnished in strict compliance with all applicable laws and regulations in which the goods are subject The Seller shall execute and deliver such documents as may be required 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 mdemmfy and hold the Purchaser harmless from all toss and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law 9 ASSIGNMENT Neither parry shall assign, transfer, or convey this order. or my monies due or in became due hereunder without the prior wring consent of the other parry 10 TITLE The Seller warrants full, clear and un mancted title to the Purchaser for all equipment, materials. and items for shed in performance of this agreement free and clear of my and all hens resmcmns. reservations, security interest mcand rances and clams of others 13 PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS If the Punchiest, threes the Seller to cunect nonconforming or defective goods by a date to be agreed upon by the Purchase and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work in be performed by die most expedients means available in it. and the Seller shall pay all toms associated with such work The Seller shall release the Purchaser and its contractors of my her from all babthty and clams of any nature resulting from the performance of such work This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such parry The Sellers contractual obligations. Isolating warranty, shall not be deemed to be reduced, in my way, because such work is performed or caused to be performed by the Purchaser 14 PATENTS Whenever the Seller a requred to use my design, device, material or process covered by loner, patent, trademark or copynght, the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement by reason of the use of such patented design, device, matenal or process in connection with the contract. and shall Indemnify the Purchaser for my cost, expense or damage winch I may be obliged to pay by reason of such infringement at my time during the prosecution or after the completion of the work In case sand equipment, or my pan thereof or the intended use of the goods, 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 Purchaser the right to continue using said equipment or pars, replace the same with substantially equal but notunfnnging equipment or modify it so n becomes noninfnngmg 15INSOLVENCY If the Seller shall become Insolvent or bankrupt, make an assignment for the benefit of creditors. appoint a receiver or trustee for my of the Salim property or business, this order may forthwith be canceled by the Purchaser without liability 16. GOVERNING LAW. The definitions of terms used or the interpretation of tie agreement and the rights of all parties hereunder shall be construed under and governed by the laws of the Store of Colorado. USA The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representatives), on the premises of others 17 SELLERS RESPONSIBILITY The Seller shall carry on said work at Senses own risk until the were Is fully completed and accepted, and shall. in cue of my accident destruction or Injury to the work major materials before Seller's final completion and acceptance, complete the work at Seller's own expense and in 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 became responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. IS INSURANCE The Seller shall, at his oven expense, provide for the payment of workers compensmon, including occupational divase 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 done The Seller shall also carry comprehensive general Lability including, but rot limited m, contractual and suinmolide public liability insurance with bodily injury and death limits of m lean $300.000 for my one person, S500,000 for my 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 my of the Sellers or his contractors employees shall do my work upon the premises ofothers, the Seller shall fmush the Purchaser with a certificate thin such compensation and insurance have been provided Such cemficares shall specify the date when such compensation and insurance have been provided Such certificates shall specify the date when such compensation and insurance expires The Seller agrees that such compensation and insurance shall be maintained will after the entire work Is completed and accepted 19 PROTECTION AGAINST ACCIDENTS AND DAMAGES The Seller hereby assumes the enure majumaidulay and liability for my and all damage, loss or injury of any kind or nature whatsoever to persons or property caused 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 die Purchaser and my or all of the Purchasers officers. agents and employees from and against my and all clams, losses, damages, charges or expenses. whether direct or indirect, and whether to persons or property in which die Purchaser may be put or subject by reason of my act action, neglect omission or default an the pan of the Seller, any of his contractors, or my of the Sellers or conwacmrs offices, agents or employees In one my suit or other proceedings shall be brought against the Purchaser, or is officers, agents or employees at my time on account or by reason of my acL action, neglect, omission or default of the Seller of my of his contractors or my of is or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay my and all ass, charges, ammeys fees and other expenses, my and all judgme s that may be Incurred by or obtained against the Purchaser or my of is or their officers, agents or employees in such sues or other proceedings, and Is case judgment or other lien be placed upon or obtained against the property of the Purchaser. or sad panes in or as a result of such sus or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise The Seller and his contracmrs shall take all safety precautions, fumsh and metal all goods necessary for the prevention of insiders, comply with all laws and regulations with regard to safety including, but without l mmoon, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto Revised 03l2010