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HomeMy WebLinkAbout102135 KORBY LANDSCAPING LLC - PURCHASE ORDER - 3212206City of / 11 �r Collins Date: 01/23/2012 Vendor: 102136 KORBY LANDSCAPING LLC 3201 E MULBERRY, UNIT S FORT COLLINS Colorado 80524 PURCHASE ORDER PO Number Page 3212206 1of2 This number must appear on all invoices, packing slips and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 01/20/2012 Buyer: OPAL DICK Note: 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. Line Description Quantity UOM Unit Price Extended Ordered Price 1 2012 Blanket Order Utilities C3. Oi'le:sQ� City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, 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 Tan Exemption Certificate of Registry 114-61I00587 is registered with the Collector of Failure ofthe Purchaser to insist upon strict performance nfthc terms and conditions hem.f. Eidson, ordelay to Internal Rcvcnuc, Denver, Colorado (Rcf. Colorado Revised Statutes 1973. Chapter 39-_26. 114 (a). ....cise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the cvcnl of a breach, the acccptnncc ofor payment for gnnds hereunder or approval of the design, shall not release the Scllcr of Griffis Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or disc to defects of any of the wnmmies or obligations of this purchase order and shall not he deemed a waiver of any right of the damage in mansit, may be resumed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hicowfor any of its rights or remedies as to any such gads, regardless instructions from the City cf Fon Collins of when .shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported real 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 math in 12. A SSIG NM ENT OF ANTITR UST CLA I NIS. authoomd payment on the pan of the Citv of Fort Collins However, it is to be understood that FINAL Seller and the Purchaser recogaim that in actual economic practice, overcharges resulting from anlhou'a ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations me in fact borne 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 hxvc or hereafter Freight Terms, Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 96522. unless required under federal or state antitmsl laws for such overcharges relating to the particular goods or services otherwise specified on this order. I(pcmtissio f is given to prepay freight and charge separately, the original freight purcha,ed or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoiec. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufaemrers have distributing points in various parts of the country, shipment is If the Purchaser directs she Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected form the manta distribution point to destination, and excess freight will be deducted form Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or umeillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by she most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall someone at sellers sole cost all necessary permits. certificates and licenses rcgnimd by all applicable laws, regulations, ordinances and rates of the state, municipality, territory or positions sishiivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the amok of vendor. Seller further agrees to hold the City of Tom Collins harmless (rem and against all liability and loss incurred by them by reason of an ossened or established violation of any such laws, regulations, ordinances. rules and requirements. Authorization. All panics to this contract agrcc that the representatives are. in (act. bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS, This Purchase Order esprculy limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional scents and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached beecto. No acts of the Purchasers including, without limitation, acceptance of panial late deliveries. shall operate as a waiver ofthis provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable ¢medics, the option off lacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably finesecable which am beyond its reasonable control and without its fault of negligence, such acts of God, acts ofeivil or militmv authorities, governmental priorities. fires. 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 Seller first received knowdedge fiercer In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller wanness that all goods, articles, materials and work covered by this order will conform with applicable dmwings, 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 the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Scllers breach of warranty. The Seller shall replace, repair or make good. without cost to she 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 terns ofany applicable waranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acccptnncc net to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of good,,, by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warnnsie, or guarantees, but such liability shall in no caveat include loss of proNs 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 In or deletions from the quantities originally ordered in the specifications or dmavings, by verbal or written change order. If any such change affects the amount due or the time of u rf mmancc hereunder, an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time he written change order, mmminate this agreement as to any or all portions of the goods then not shipped, subject lc any equitable adjustment between the panics as to any work or materials then in pmgrcss provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in Door of the Seller with respect to any goods which arc the Sellers standard stock. No such temtinntion shall relieve the Purchaser or the Seller of any of their obligations as to any grad del it cred hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have born produced. sold, delivered and furnished in strict compliance with all applicable laws and regulations to 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 indemnify and hold the Pumhawr harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Ncithu parry shall assign, transfer, or convey this order, or any monies due or to become disc hereunder without she prior written consent of the other party. 10. TITLE. The Scllcr wenants 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, rescrvatio e, security interest encumbrances and claims crashers. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any entire resulting from the perfnmmnec 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, elf ccrs and employees of such puny. The Seller's contractual obligations, including warmnry, shall not be deemed to be reduced, in any wary. because such work is performed or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device. material or process covered by fiercer. patent, trademark of copyright, the Seller shall indemnify and save harmless the Pumhascr from any and all claims for infringement by reason of the use of such palcmled deign, device, material or pmeess in connection with the contract, and shall indemnify the Purchaser for any cost, cxpcnm rr damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, nr nny part thereof or the intended use of the goods, is in such snit 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 pans replace the same with substantially equal but noninfringing equipment, or modify it so 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 Scllets pmperty or business, this order may forthwith be canceled by the Purchaser wilhmn liability. 16. GOVERNING LAW. The defnitiona ofterses used or the interpretation of the agrecmenl and the rights of ill panics hereunder shall be construed under and govcmed by'the laws of the State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to per(omt work hereunder. including the services of Scllers Represenmtive(s), on the premises efsnhcrs. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Scller's own risk until the same is fully completed and accepted, and shall. in ease of any accident, destruction or injury to the work and/or materials before Seller, final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment arc 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 Scllcr andcr the order. fig. INSURANCE. The Scllcr 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 done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and anromnbile public liability insurance with bodily injury and death limits of at least 5?(10.IX10 for any one person. 5500.000 for any one accident and pso,ry damage limit per accident of S400.0m. The Seller shall likewise require his contractors, irony, to provide for such compensation and insurance. Before any of the Scllers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Pmchx¢ar with a ecui0catu that such compensation and insurance have been provided. Such certificates shall specify the she when such compensation red insurance have been provided. Such ecnificatcs shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained otuil after the entire Work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire respensibiliy and liability for any and all damage, loss or injury offers, kind or nature whmsucvcr to persons or property caused by or resulting from the execution fthe work provided for in this purchase onlcror in connection herewith. The Seller will indemnify and hold hamdess the Purchaser and aav or all of the Purchasers effects, agents and employees from and against any 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 any net. action, neglect, emission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents nor employees In ease any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller crafty o'his contractors or any of its or their officers. agents or employees as oforomid, the Seller huchy agrees to arc ume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, a0omcys 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 snits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said panics in or as a rcsnit of such suits or other pmecci ings. the Seller will at once cause the same to he dissnhed and discharged by giving bond or otherwise The Seller and his contractors shall take all safety precautions. famish and install all guards necessary for the prevention of ,accidents, comply with all laws and r pilro ens with regard to safety including, but without limitation. the Occupational Safety and Health Act of 1970 and all mans and regulaions issued pursuant Ihcrcm. Revised 03/2010