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HomeMy WebLinkAbout102136 KORBY LANDSCAPING LLC - PURCHASE ORDER - 3212206 (2)City of �,.F,.�ort Collins Date: 06/20/2012 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 2 2012 Blanket Order Utilities -Addendum City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, 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: 15,000.00 $15,000.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terms and Conditions Page 2 of 2 L COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local tuxes. Our Exemption Number is 98-04562. Federal Excise Tax Exemption Certificate of Registry 84-60005F7 is registered .with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973. Chapter 39 26. 114 (a). Gads Rejected. GOODS REJECTED due to failure In meet specification, either when shipped or due to defects of damage in transit, may be returned to you for credit and am not to 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. 11. NONWAIVER. Failnm of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by last failure to promptly notify the Seller in the event of a breach. the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the is amnties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser 10 insist upon strict performance hereafor any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, a5 to any prior m subsequent default hereunder, nor shall any purponM end 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 in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However. it is to he understood that FINAL Seller and the Purchaser recognize that in acttml economic practice, overcharges reselling from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are 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 have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Woad St.. Fort Collins, CO 80522. unless acquired under federal or state antitrust Imes 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 orfginzl freight purchased or acquired by the Puehuscr pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to he agreed upon by the expected from the nearest distribution point to declination, and excess freight will be deducted from Invoice when Pumbascr and the Seller, and the Seller thereafter indicates its inability ar unwillingness to comply. the Purchaser shipments are made fmm greater distance, may cause the work to be performed by the most expeditious means available to it, and the Seller shall pry all costs associmcd with such ,ark. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the state. municipality, territory or political subdivision where the work is performed. or required by any other duly constituted public authority having jurisdiction aver the work of rador. 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 any such laws. regulations, nrslinenca, mles and requirements. Authorization. All panics to this contract agree that the representatives tire, in fact, bona ride and possess fall 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 tans and conditions annexed hereto or incorporated herein by reference. Any additional or diffcrcnt terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVER)'. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on yetur 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 hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver ofthis provision. In the event of any delay, the Purchaser shall have, in addition to other Icgal mad equitable rcmcdies, the option ofplxcing 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 foreseeable which arc beyond its reasonable control and without its fault of negligence, such acts of Gad, acts ofcivil or militaryauthontics. governmental pnontics, fifes, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within rive (5) drys ofthe time when the Seller rirst r anec! knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the periodequal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform ,ith applicahle dnwings, specifications, samples and/or other descriptions given, will he 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 Purchaser may suffer or incur on account of the Sellers breach ofwammy. The Seller shall replace, repair or make good, without curt to the purchaser, any dcfttts ar faults arising within one (1) year or within such longer period of time as may be prescribN by law or by the tcmts of any applicable warranty, provided by the Seller aficr the date of acceptance of the good furnished hereunder (acceptance not to be unreasonably delayed), resulting front imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this wam my, Except as otherwise provided in this purchase order, the Set less liability hereunder shall extend to all damages praxim:ucly caused by the breach of any ofthe femgoing 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. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal Isms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifieatlo a, or drawings, by verbal or written change order. If any such change affects the amount due or the time of Perfommucc hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by written change order. terminate this agreement as to any or ail portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or ...aerials then in pmgres provided that the Purchaser shall at be liable for any claims for anticipated profits on the uncompleted portion of the gads and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any good which arc the Sellers; standard stock. No such temunation .shall relieve the Purchaser or the Seller of any of their obligations as to any goods delis 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 odcrcd. S. COMPLIANCE WITH LAW. The Seller ammants 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 good am subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and negulminns required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all casts and damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such law'. 9. ASSIGNMENT. Neither parry shall assign, transfer. or convey this odor, many monies due or to become due hereunder without the prior written consent ofthe other patty. 10. TITLE. The Seller wamnts 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, msenations, security interest encumbrances and claims of.dwo,. The Seller shall release the Purchaser and its contractors array her from all liability and claims of any nature resulting from the performance ofsuch work. This rdcam shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees ofsuch party. The Seller's contractual obligations. including worm my. shall not be deemed to be reduced, in any way, because such work is performed or caused to he performed by the Purchaser. W. PA "TENTS. Whenever the Seller is required to ase nny design, device, material or process arycred by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser fmm any and all claims for infringement by reason of the use of such patcned design, device, material or process in connection with the contract, and shall indemnify the Purchaser for nny cost, expense or 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, or any pan (hereof or the intended ase of the goods, is in such snit held to constitute infringement and the use of snid equipnrcitt or part 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 same wish substantially equal but noninfringing equipment, or modify it .so it becomes noninfringing. 15ANSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the bcncfn 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 of terms used or the interpretation ofthe agreement and the rights off]] panics hereunder shall be conatmerl under and governed by the laws of the Sotto of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perfnm work hereunder, including the services of Scllcrs Rcpmsentativc(s), on the premises nfothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers 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 Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. Whca materials and equipment are furnished by others for installation or creation 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. IS. INSURANCE The Seller shall, at his own expense, provide for the payment of workers enmpensmion, including occupational disease hcncGts, to its employees employed on or in connection with The work covered by this purchase order. and/er 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 automobile public liability insurance .with bodily injury and death limits of of last 5300,000 for any one person. S500,010 for any one accident and property damage limit per accident of S400,060. The Seller shall likewise require his contractors, if any, to provide far such compensation and insurance. Before any of the Sellers or his contmctors cnmloyces shall do any work .,no the pmnr ises of others, the Seller shall famish the Puchaser with a certificate that such compensation and insurance have been provided. Such ecnificates 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 until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the claim responsibility and liability for any and all damage, loss or injury ofany kind or nature whmsecvcr to persons or property caused by or resulting from the execution oflhc work provided for in this purchase order or in connection herewith. The Seller Will indemnify and hold harmless the Pnrchasr and any or all of the Purchasers officers. 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 act, action, neglect. omission or default oa the an of the Seller, any of his contractors, or any of the Sellers or commuters officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser. or its officers, agents or employees at any time oa account or by reason of any act, action, neglect, omission or default of the Seller of any of his contracturs or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defence thereof and to defend the snore at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses. any and fill judgments that may be incnmd by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other pmccedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said panics in ar as a result ofsuch suits or other pmccedings. The Seller will at once cause the same to be dissolved and discharged by giving bond or othenwise. The Seller and his comforters shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including. but without limitation, the Occupational Safety and HeNlh Act of 1970 and all roles mid regulations issued p rmaznt therein. Revised 03/2010