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HomeMy WebLinkAbout102136 KORBY LANDSCAPING LLC - PURCHASE ORDER - 9117059City of Fort Collins Date: 11/28/2011 Vendor: 102136 KORBY LANDSCAPING LLC 3201 E MULBERRY, UNIT S FORT COLLINS Colorado 80524 PURCHASE ORDER PO Number Page 9117059 1of2 This number must appear on all invoices, packing slips and labels. Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS Colorado 80521 Delivery Date: 11/28/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Renovate Foxtail 8 Various Med WO#P11-34 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, CPPO 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 1 LOT LS Total 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute 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 tents and conditions havor, failure or delay to Internal Revenue, Denver, 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 the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not rcicase the Seller of Goods Rejected. GOODS REJECTED due to failure to men speei fications, either when shipped or due to defects of any of the unmimics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be resumed to you for credit and arc not to be replaced except upon meeipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goads, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purportod oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any Of the terms Inspection. GOODS am 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 ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. Howvv". it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact 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 Once now have or hacafrcr Freight Terms Shipments must be F.O.B., City of Fort Collins. 700, Wood St., Fort Collins. CO 80522, unless acquired under federal or state antitrust Imes for such overcharges relating to the particular good or services otherwise specified on this order. If pcnnission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturcis have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the expected from the nearest distribution paint to destination. and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distanec. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sale cost all necessary Permits, certificates and licenses required by all applicable laws, regulations, ordinances and talcs of the state. municipality, territory or political subdivision where the Work is perfumed, or required by any other duty constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins hairless from and against all liability and loss incurred by them by reason of an asserted or established violation ofany such laws, regulations, ordinances, odes and requirements. Authorization. All panics to this contract agree that the representatives are. in fact. bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different Icmms and conditions proposed by roller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on vour premised delivery date as noted. Time is of the essence. Delivery and performance must he effected Within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial laic deliveries shall operate as a oniver ofthis prevision. In the event ofany delay. the Pumhawr shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhem and holding the Seiler liable for damages. Hmvevcr, the Sella shall not be liable for damages as a result of delays due tO causes not rcasanably foreseeable which arc beyond its reasonable control and Without its fault ofnegligence, such acts ofGod, acts ofcivil or military authontics. governmental priorities Gres, strikes, Bond, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the parch., within f o (5) days of the time when the Seller first received knowledge thereof. In the event ofany such delay, the date of delivery shall he extended for the period equal to the time actually lost by reason oftbc delay. 3. WARRANTY. The Seller warrants that all goads, articles, materials and work covered by this order will conform with applicable droving,, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense Which the Pumha. w may suffer or incur on account of the Sellers breach of warranty. The Scllcr shall replace. repair or make good, without cost to the purchaser, any defects or faults arising within one (q year or within such longer paind of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hncunder (aweptance not to be unreasonably delayed), resulting form imperfect or defective work done or materials furnished by the Seiler. Acceptance or use of goads by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherw'isc provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing wmmanties a 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. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANCES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities origimally ardered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofpof ionanec hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by wri0en 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 as to any work or materials then in progress provided that the Purchaser shall not he liable for any claims for anticipated profits on the uncompined portion of the goods m ulta, Work, far incidental or consequential damages, and that no such adjustment be made in favor of the Seiler with respect ro any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser a the Seiler 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 form the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wammus that all goods sold hereunder shall have been produced. sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goads 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 arc hereby incorporated herein by this mfcrence. The Seller agrees to indemnify and hold the Purchaser 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 coney this order, or any monies due or to become due hereunder without the prior wriucn consent of the other party. 10. TITLE. The Seiler warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbmnccs and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such Work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the dimctors, off cas and employees of such party. The Seller's contractual obligations, including Wamnty, shall not be deemed to he reduced, in any Way, because such work is performed or emitted to he pafammed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by later, patent trademark or 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, material or process in connection With the contract, and shall indemnify the Purchaser fanny cost, expense or damage Which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion of the Work. In case said equipment or any 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 far the Purchaser the tight to continue using said equipment or pans, replace the same with substantially equal but nonnifringing equipment, or modify it so it becomes naninfnnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt 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 the Purchaser without liability. 16, GOVERNING LAW. The definitions oftemu used in the interpretation ofthe agreement and the rights ofall panics hereunder shall be carimmed underand governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Scllcrs Representative(,), on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seler's own risk until the same is fully completed and accepted, and shall, in case of any accident destruction or injury to the Work and/or materials before Seller's final completion and acceptance, complete the work at Settees own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment Were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense. provide for the payment of workers compensation, including occupational disease benefils, to its employees employed on or in connection with the work covered by this purchase order. and/err to their dependents in accordance with the laws of the state in which the work is to be done. The Seller .shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of.it least S300.000 for any one person. S500,000 for any one accident and progeny damage limit per accident of S400.000. The Seller shall likewise require his contractors, if,my, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do tiny work upon the Premises ofothas, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date When such compensation and insurance have been provided. Such ecnificates shall specify the date when such compensation and insurance expires. The Seiler 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 entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or msulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the purchaser and any or all Of the Purchasers oRcem. agents and employees from and against any and all claims. losses, damages, charges or expenses, whether direct or indirect. and Whether to persons or pmperty to which the Purchaser may be put or subject by reason of any net, action, neglect, omission or default on the pan of the Seller. any of his contractors, or one of the Sellers or contractors officers, agents or employees. In case any suit Or other porccedings shall be brought against the Purchaser, or its offcers, agents or employees at any time on account Or by reason of any act, action, neglect. omission or default of the Seller of any Of his contractors or any of its or their affront, 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 any and all costs, charges, anomevs 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 proceeding,, and in case judgment or other lien he placed open or obtained against the property ofthc Purchaser, or said panics in or as a result of such suits 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 contactors shall take all salary precautions, famish and install all guards necessary for the prevention of accidents, comply with all Imes and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rates and wgulations issued pursuant thereto. Revised 03/2010