HomeMy WebLinkAbout102136 KORBY LANDSCAPING LLC - PURCHASE ORDER - 9142486Cit
F6r s Collins
Date: 05/02/2014
Vendor: 102136
KORBY LANDSCAPING LLC
3201 E MULBERRY, UNIT S
FORT COLLINS CO 80524
PURCHASE ORDER
PO Number Page
9142486 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: ENGINEERING DIVISION
CITY OF FORT COLLINS
281 N COLLEGE AVE
FORT COLLINS CO 80521
Delivery Date: 05/02/2014 Buver: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
I Arthur Ditch - Mtn/Myrtle
WO #2-254902105-14
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@fogov.00m
1 LOT LS
7,626.99
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
1. COMMERCIALDEi'AILS.
Tax exemptions. By dome the City of Fort Collins is exempt flown stain and local taxes. Our Exemption Number is
11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Cdnificate, of Registry 84-6000587 is registered with the Collector of
Failure of the Purchaser to resat upon strict performance of the terms and conditions hereof, failure or delay to
Internal Revenue, Drover, Colorado (Ref. Colorado Revised Strauss I973, Chapter 39-26, 114 (a).
exercise any rights or remedies provided herein or by law, failure to prompfiy notify the Seller fa the event of a
breach, the acceptance afar payment for goods hereunder or approval ofthe design, shall rot release the Sella of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
any of the warranties 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 are not in be replaced excepl upon receipt of written
purchaser to insist upon,(rier performance hereof or any of its rights or remedies ns to any such goods, regardless
instructions from the City of Fort Collins,
of when shipped, received or worried, as to any prior or subsequent default hereunder, our shall any purported
oral modification or rescission of this purchase order by the Purchaser operate is a waiver of any of the tenets
Inspection. GOODS are subject to the City of Port Collins inspection on amval.
hereof.
Fired Acceptance. Receipt of the merchandise, smite, or equipment in response to this order inn easels in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
romanced payment on the pal of the City of Fort Collins. However, it is b be understood Real FINAL
Seller and the Purchaser recognise that in actual command practice, o erchvdes ges resulting hand antitrust
dus.
ACCEPTANCE is dependent upon completion oral[ applicable required inspection pmeere
re
violations ain fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this
purchase order, the Sella hereby assigns m 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, Pon Collins, CO 80522, unless
acquired coda federal or state antitrust laws for such overchar m relating m the Particular goods or services
otherwise specified on this order. If pmmasion is given to prepay freight and charge separately, the original freight
purchased or returned by the Purchaser Pasoan, to this purchase order.
bill must accompany invoice. Additional charges for packing will not ha accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributinb Po lots in various pans of the coumry, shipment is
ate Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
expected firm, the now.,dirrlbusiun point to Aestivation, and excess freight will be deducted from Invoice when
Purchaser and the Seller, and the Seller (hereafter indicates its inability or unwillingness to comply, the Pureleder
shipments are made from greater distance.
may cause the work to be performed by the most expeditious means mailable to it, and the Seller shall pay all
costs associated with such work.
rancid. Seller shall p. a, sellers sole cost all necessary permits, cenifcams and licenses required by ell
applicable lass,, m,l..... ordinances end roles of the state, municipality, mmmry or Political subdivision where
the work is performed, or ox,ired by any ocher duly mostinded public a omm, having jurisdiction over the work
of vendor. Seller further added, to hold the City of poor Collins lurtnleas from and agoirt all liability and loss
incurred by them by mason of an assured or established violation of any such laws, regulations, ordinances, sales
and requirements.
Authorization. All patties to this contract agree Oat the representatives are, in fact, haw 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 sec Earth and any supplementary or additional terms and conditions attract herea or incorporated ferein by
reference. Any additional or dif rrcut Icons and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment m am,, on your
promised delivery date m noted. Time a of the roseate. Delivery and Performance most be effected within the time
sated on the pachase order end the documrnls machd harem. No acts of the Purchasers including, without
limitation, acceptance ofpmial late deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and aqumble remrdics, the optian of placing this order eherwhad
and holding the Sella liable for damages However, the Sell,, shall no, be liable for damages as a resin, of delays
due to causes not reasonably foreseeable which are beyond its reasonable conwl and without its fault of negligence,
such acts of GOJ, acts i fcivil or mil any authorities, governmental priorities, fine, stokes, 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 knowledge thereof 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 ofthe delay.
3. WARRANTY.
The Seller warrants that all good, articles, materials and work covered by this order will wnform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes imended, and
performed with the highest degree of care and competence in accordance with accepted randard for work of a
similar nature. The Seller agrees to hold the puchwer hamdess from any loss, damage or expense which the
Purehesa may sufferer incur on account of the Sellers breach of wan.nty. The Seller shall replace, repair or make
good, without cost to the purchaser, any defects or faults arising within one (1) Year or within such longer pentad of
time as may b<prescnbal by law or by the man of my applicable wanvnry provided by the Sella drier the date of
acceptance of the good famished hereunder (aweptance not to bd umcaxmbly delayed), resulting fmm impactor
or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver ofany claim under this warranty. Except as otferwhe provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or guarantees, but such liability steal I in no rent include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FIT NESS FOR PURPOSE SHALL APPLY.
4, CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal toms by wnnen change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal temu, including additions a or deletions from
the quantities originally ordered in the specifications or drawings, by verfal m written change order. If any such
change aRects the ...no, due a the time of,afommr, hereunder, an equitable adjustment shall be, made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, mrmi Ne this agreement as to any or all portions of thc
goods then not shipped, subject to any equitable adjustment between the parties ns to any work or materials then in
pmgmss provided that the Purchaser shall not be liable for any claims for anticipated p.fill oa the uncompleted
portion of the goads and/or work, for incidental or consequential damages, and that no such adjw,.t be made in
favor of the Seller with respect m any good which we the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller ofany of their obligations m to any goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for drummed, most h marrmd within thirty (30) days from the date the change or mrmiration is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants dins all good sold hereunder shall have been produced, sold, delivered and famished in other
compliance with all applicable laws and regulations to which the good art subject. The Seller shall execute and
deliver such documents m may be required to effect or evidence compliance. All laws and regulations mluiml to to
ncoTommd in &dements of this character ore hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser Lnmdess front all rose, and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assigq tronsfer, or convey this major, or any monies due or to become due hereunder without the
prim woman wnsmt of the other pfr,
10. TITLE.
The Sella warrars full, clear and umnmcted tide to the Purchaser for all equipment. materials, and items famished
in performance of this agrandurt fees and clear of any and all liras, restrictions, reservations, security imemat
encumbrances and claims of others.
The Seller shall release me Purchaser and its conditions of my rice from all liability add claims of any nature
resulting from the performance of such weak.
This release shall apply nxn in the men, of fain, of negligence of the pony redeemed and shall extend m the
directors, officers and employees ofsuch tarty.
The Sellers contactual obligations, including warranty, shall not be domed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATEN rS.
W henevmthe Seller is required e, are any design, device, matertil or process covered by letter, patent, hodemnA
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 patented design, device, material or process in connection with the contract, and
shall indemnify the Purchaser for any cost, expense or damage which it envy be obliged to Pay by deased of such
infringement at any time during the pmsemtion or after the completion of the work. In case said equipment, or
any pan therwf or the imended use of the goods, is in such suit held to conatifise infringement and the use of
said equipment or pan is rojoined, 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, explore the same with substantially Nasal but
noninfi nging equipment or modify it x it becomes noninGnging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankmpq make an assignment for the benefit of creditors, appoint a
receiver err trustee for any of the Sellers property or business, this under may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of terms used or the intememation ofthe agreement and the rights oral[ parties hereunder shall be
compared under and governed by the laws ofthe Stare ofColomdo, USA.
The following Additional Co forts apply only in case whem the Sella is to perform work hereunder,
including the services of Sellers Represenmtive(g. on the premises afodmrs.
❑. SELLERS RESPONSIBILITY.
The Sella shall cart, oa said work at Sellers own risk until the same h fully completed and accepted, and shall,
in x of my accident, destruction or injury to the work and/or materials before Sellers final completion and
acceptance, complete the work at Sellers own expense and to 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 end become resporrsble therefor ns though such mamdals and/or equipment
were being famished by the Seller under the order.
18. INSURANCE..
The Seller shall, at his own expense, provide for the payment of %mkem compensation, including occupational
disease benefits, to its employers and.yed on m in corner ion with the work covered by Otis purchase order,
and/or to their dependents in accordame with the laws of the sure in which the work u to be done. The Sella
shall also corny comprehamw general liability including. but not limited m, contractual and automobile public
limit, mrsomece wim bodily injury and dcnh time, of m tear SJ wd00 for any we person. S5n06xro for any
one accident and property damage limit per accident of S400,000. The Seller shall likewise require his
commands if any, to provide for such compensation and inCo. Metres any of the Sellers or his comracmrs
employees shall do any work upon the premises of others, she Seller shall famish the Purchaser with a certificate
that such compensation and insurance have been provided. Such cenificams shall specify the dam when such
mn..n-hon and insurance Lave been provided. Such renificares shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until alter the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the .,in, rapomibiloy and liability for any and all damage, loss or injury ofany kind
or ma,ure whmsoeveno pavans or property caused by or resultiM from the execution ofthe work Provided for in
this purchase coda or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
or all of the Narcissi officers, agents and employees fmm W against any end all claims, losses damages,
charges or expenses, whether direct m ini irmt and whether to pwaom or property to which the Purchaser may
be pm or subject by reaxn of any act action, neglect omission or default on the Part of the Sella, any of has
contractors, m any of the Sellers o dwificams officers, agents or employees. In eau any suit or other
proceeding, shall be brought adorns, the Purchaser, or us aMet.. agents or c odoyms at any rime on account or
by reason of any era, action, neglect omission of default of the Seller of any of his commends or any of its 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 any and all casts, charges, attorneys fees and other expenses,
any and all judgments that may he incurred by or obtained against the Purchaser or any of its or their effects,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
admitted upshot the progeny of th< Parehown, m said portion in or r a result of such said, or other procadings,
the Sella will at once cause the same to be dissolved and discharged by giving band m otherwise. The Seller and
his contractors shall rake all safety parameters, famish and fir all all goods noessary fa the prevention of
accidents, comply with all caws and regulators with regard to safey including, but without limitation, the
Occupational Safety and Health Act of 1970 and all roles and negotiate. issued pursuant therem.
Revised Maur0