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HomeMy WebLinkAbout102136 KORBY LANDSCAPING LLC - PURCHASE ORDER - 3215232Fort Collins Date: 01/12/2015 Vendor: 102136 KORBY LANDSCAPING LLC ATTN: STEVE L KORBY 2406 E COUNTY RD #60 WELLINGTON CO 80549 PURCHASE ORDER PO Number Page 3215232 t of 2 This number must appear on all invoices, packing all s and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/12/2015 Buyer: PAT JOHNSON 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 2015 Blanket Order Landscaping 's,d 'I� P14 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 1 LOT LS 15,000.00 Total $15,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0680 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fon Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exempnon Comfiwte of Registry 84-6000597 is registered with the Collector of Internal Revenue. Denver, Colorado (Ref, Colorado Revised Statutes 1973, Chapter 39-26. 1I4 (a). Goads Rejected. GOODS REJECTED doe to failure to nowt specifications, either who shipped or due to defacis of damage in trwsii, may be retorted to you for credit and are net to be replaced except area receipt of written instructions fmm the City of Fan Collins. Inspection. MODS are subject to the City of Fan Collins inspection on move Fine) Acceptance, Receipt of the merchandise, services or equipment in response to this order can result in authorized payment on the pan of the Ciry of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE N dependent upon compienco of all applicable required inspection procedures. Freight Terms. Shipments most be F.O.B.. City of Fort Collins, 700 Wood Se, Fan Collins, CO 80522. unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the omped freight bill most accompany invoice. Additional charges for tacking will not be accepted. Shipment Distance. Where manufacturers have distributing points in canon parts, of the country, shipment is expected from the neaaeel distribution point m desmmion, and excess freight will b, deducted Now Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary Permits, cenificates and licenses required by all applicable laws, regulations, ordiameas and rules of the state, municipality, territory or political subdivision where Be work is performed, or required by coy other duly constituted public audtomry having jurisdiction over Be work of vendor. Seller further agrees to hold Be City of Fort Collins harmless from and against all liability and loss andused by them by reason of an escaped or esrablished violation of any such laws, regulations, ordinance, now requir menu. Authonm[ion. All parties to this contract agree that the representatives are, in fact, two fide and possess full and complete immunity to bind and ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the laws and conditions stand herein set Earth and my supplementary or additional terms rod conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cancer make complete shipment to arrive an your promised delivery data as noted. Time is of the entree. Ddivery and Performance mot be effected within the time stated on the powleme order and the tomorrow anuhed harem. No acts of Be Purchasers including, without limitation, acceptance of partial [me deliveries, shall operate as a waiver of this provision. In the event of coy delay, the Purchaser shill have, in addition to other legal and equitable remedies, the option of plating 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 are beyond its reasonable central and without its fault of negligence, such act of God, eats of civil or military authorities, b vemmental pdmrles, fires, strikes, flood epidemics, wan or mots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of Be time when Be Seller first received knowledge thereof In the event of any such delay, the date of delivery shall he extended for the period equal m the time actually lost by reason of the delay. 3, WARRANTY. The Seller wmrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions now, 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 accent of Be Sellers breach of warranty. The Seller shall replace, repair or make Fred, without cost to the purchaser, try defects or faults arising within one (1) year or within such longer Period of time as may he prescribed by law or by the terms crony applicable warranty provided by the Seller after the data of extenuate of the goods furnished herewder (accepance not to be unreawnably delayed), reaching from imPetfen or defective work done or matmals furnished by the Seller. Acceptance or uu of goods by the Purchaser shall not constnute a waiver of ery claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately roused by the breach of any of the foregoing wmmties 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. a. CHANGES IN LEGAL TERMS. The Purchaser may area changes to legal to. by wnnen charge order. 5. CHANGES IN COMMERCIAL TERMS. The Purchase may make any changes to the terms, other than legal terms, including additions to or deletions from the elements originally ordered in the spriaLficerons or drawing, by se" or written charge order. If any such change affects the anaunt due or the rime of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS, The Purchaser may at any time by women charge order, terminate this agreement as to any or all portions of the goods then not shipped, subject o any equitable squirmed between the panic as to coy work or materials then in progress provided that me 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 wilasiment be made in favor of the Seiler with repeat to any goods which are Be Sellers standard sock. No such termination that relieve the Purchaser or the Sella of any of their obligations as to coy good delivered herender. 1. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or nomination is ordered. 8. COMPLIANCE WITH LAW. The Seller wasmts that all goods sold hereunder shall have been produced, sold, delivered and furnished in srrict compliance wide ail applicable laws and regulations 0 which the brood are subject. The Seller shall execute and deliver such eacummis as may be required w 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 No Purchaser harmless fmm all mots and damages suffered by the Purchaser as a result of the Sellers false to comply with such law. 9, ASSIGNMENT. Neither parry 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 Seller warrants fall, clear and mhramcted tide to the Purchaser for all equipment, matmals, and items famished n Performance of this agreemant free and clear of my and all liens, restrictions, reservations, security intern mewnbmnces and claims orators. 11. NONWAIVER. Failure of go Purchaser to insist upon strict vrrannnce of the terms and conditions herwL failure or delay to exercisy rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, anthe acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of my of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser 10 insist upon strict performance honest., any of its rights or remedies as to any such goods, regardless of when shipped, received or novel as to any prior or subsequent default hereunder, car shall my pmponed mal modification or rescission of tfos purchase order by the Purchaser operate as a waiver of any of Be terms her ad 12. ASSIGNMENT OF ANTITRUST CLAIMS, Seller and the Purchaser recognin that in actual economic practice, overcharges resulting from antitmst violations are in fact home by the Purchaser. Theretofore for Sued cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims d may now have or hereafter acquired under federal or state antitrust laws for such overcharges relering to the particular goods or services purchased or acquired by the Lowbrow, Pursuant this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to covert nonconforming or defective goods by a daze to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause Be work to be perfumed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release Be Purchaser and its contractors of any her flown all liability rod clams of any nature resulting from the performance crouch work. This release shall apply ever in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such parry. The Seller's contractual obligauws, including warranty, shall not be dented to be reduced in any way, because such work is performed or caused to be performed by the Purchaser. 10. PATENTS. Whenever the Seller is required to use any design, device, marenal or patterns covered by letter, patem, trademark r copyright, the Seller shill indemnify and save harmless the Purchaser from any and all clams for infringement by reason of Be use of such pazmted design, device, material or process in connection with the copper, and shall indemnify the Perhaver for any cost, expense or damage which it may he obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the wort In case said equipment, or any pan therm( or Be intended use of the goods, is in such suit hold to couaimte infringement and the we of sad equipment 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 pans, replace the same win ry om irdly equal but noninfnnging equipment, or modify it so it becomes mainfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt, make an assignment for the benefit of creditors, appoint a receiver or mawas for any of the Sellers property, or btuiness, this order may forthwith be canceled by she Purchaser widout liability. 16. GOVERNINGLAW. The definitionsmenu used or she interpretation of the agreement end th<rights of ill parties herewder shall be construed coder end governed by the lava of the State of Colorado, USA. The following Additional Conditions apply only in cates where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said .,it at Sellers own risk until the same is fully completed and accepted, and shall, in use of any accident, destruction or injury to the work anVor materials before Sellers fine completion and secrytance, complete the work in Seller's own expense and to the satisfaction of the Pmchxse,. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive. unload store a and handle same at the site and become responsible therefor as, though such materials and/or equipment were being famished by the Seller under the order, 18. INSURANCE. The Seller shall, w his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed an or in connection with the work covered by this purchase codes, -Nor 1. their dependeu in accordance with the laws of No some in which the work is to be done. The Seller shall also carry comprehensive gennal liability including, but not limited to, coentua l and automobile public liability insuranu with bodily injury and deads limits of as least S300,000 for any one pwo n, MonitMp for any one accident and property, damage limit per accident of Pis% 0. The Seller shall likewise require his contraction, if any, to provide for such compensation and insurance. Before any of the Sellers or his motorman employees shall do coy work upon the premises of others, the Seller shall famish the Purchaser wish a certificate that such romponerron and mormance have been provided. Such comficaes shall specify the date when such compensation and insurers have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance Out be mamaned until met the two 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 air injury of any kind or nature whatsoever to persons or property owed by or resulting from the execution of the work provided for in this purchase order or in conenion herewith. The Seller will indemnify and hold hmmless the Purchaser and coy m all of the Fascination ofcau, agents and employees from and egasim, any and ill clams, 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 coy act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or coy of Ne Sellers or contractors officers, agents or employees. In cue coy suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees a coy time ce accent or by reason of any act, orris, neglect, omission or default of Be Seller of any of his contractors or my of its or their often, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same an the Sellers own expense, to Pay my and all casts, charges, mamrys fees and other expenses, my and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in cue judgment or ocher lien be plants We or obtained against the property of the Purchase, or said parries in or as a result of such suits or other proceedings, the Seller will at once cause the same It be dissolved rid discharged by giving band or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guard necessary for the prevention of accidents. comply with all laws and regulations with regard to safety including, but without limitatio, the Occupational Safety and Health Act of 1990 and all ralas and regulations issued pursuant thereto. Revised 072014