HomeMy WebLinkAbout102136 KORBY LANDSCAPING LLC - PURCHASE ORDER - 9142625Fort Collins
Date: 05/09/2014
Vendor: 102136
KORBY LANDSCAPING LLC
3201 E MULBERRY, UNIT S
FORT COLLINS CO 80524
PURCHASE ORDER
PO Number Page
9142625 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: OPERATIONS SERVICES
CITY OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS CO 80521
Delivery Date: 05/08/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Landscaping services
Bid T&C's of Bid #7150
for Police Services located at
2221 S.Timberline, Fort Collins,
per quote dated 04/05/2014-#20355.
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
Total
Invoice Address:
10,687.50
P1r1
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is mem, from state and local ....Our Exemption Number, is
11. NONWANER.
9804502. Federal Exciu Tax Exemption Certificate of Registry the 6000587 is registered with the Collator of
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
Inmmal Revenue, Denver, Colorado (Ref. Colorado Revised Stanxi 1973, Chapter 39-26, 114 (a),
a m ise any rights or maturities provided herein or by law, failure in promptly notify the Seller no the event of a
breach, doe acttpfmce of., payment for goads Iurtucde or approval i fthe design, shall rut release fe Seller of
Goods Rejmtrd. GOODS REJECTED due to future to men specifications, either when shipped or due to defects of
any of the wartanfirs or obligations of this Famous, order and shall not be deemed a waiver of any fight of the
damage in bansit, may be mumd to you for credit and are rut to be replaced except upon receipt of wren
purchaser to insist upon snip perfo.m hereof or any of da rights or remedies as to any such good, regardless
immuctions from the City of Fort Collins,
of when shipped, received or accepted, as to any prior or subsequent default hereunder, now shall any puryoned
oml modification or rescission of this purchase order by the Purchmer operate as a waiver of any of the terms
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival.
hereof.
Find Acceptance Receipt of the merchandise, services or equipment in mpome to this order can result in
12. ASSIGNMENTOF ANTITRUSTCLAIMS,
aurhonced payment on the pan of the City of ran Collins. However, it is ru be understood that FINAL
Seller and the Purchaser m o mse that in actual economic practice, overchge ars resulting ft. act.,
ACCEPTANCE u dependent upon completion of all upplicable required inspection procedures.
violations are in fact home by the Pmchsser. Theretofore for good cams, and ss comideretion for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Torero. Shipments must be F.O.B., Ciry of Fort Collins, 700 Wood St, Fan Collins, CO 80522, unless
acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services
otherwise specified on this order, lfpermission is given to prepay fight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant to this purchase robot.
bill must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is
expected from the nearest distribution paint to destin r an, and excess freight will he deducted from Invoice when
shipments are made firm greater distance.
Permit, Seller shall procme at sellers one cast all necessary permits, cortllieates and licenses required by all
applicable law,,regulumns, ordinances and roles ofthe scale, municipality, territory or political subdivision where
the work is performed, or required by any other duly constiNled public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability end loss
anted by them by reawn of an asserted or established violation of any such laws, regulations, ordinances, roles
and noel meats.
Authenticator, All panics to this contract agree that the representatives arc, ire fact, bona Ede and possess full and
complete authority to bind said prdies.
LIMITATION OF PERMS. This Purchase Order expressly limits acceptance to the to. and conditions stated
herein set forth and any supplementary in additional mrha and conditions amexed home or incorporated herein by
referenee. Any additional or different terms and coMilions propasd by seller art 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 ratted. Time is of fe essence. Delivery and peformance raw be effected within the time
shod net the p nohow order, and the documents shouted hereto. No acts of the Purchasers including, wifhom
Radiation. acceporam of P rtixl late deliveries, shall operate as a waiver of this provision. In the event of my delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a reach of delays
due in cactus rem reasonably foreseeable which are beyond irk reasonable control and without us fault of negligence,
such acts of God, acts of civil or military authorities, govemmental priorities, fires, strikes, rood, epidemics, wars or
dots 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 but fo the time actually last by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, modals and work covered by this order will conform with applicable
drawings, specifications, samples ahVor 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 hs hold the purchaser harmless from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
good, withum two to the purchase,, 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 terms of any applicable warranty provided by the Seller after the dam of
eceptnnce of the good fumished hereunder (acceptance not to be urmeamrably delayed), resulting from imperfect
or defective work done or materials fumished by the Seller. Acceptance or use of goods by the Purchmtt shall not
onfidne a waiver of any claim under this warranty. Except to 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 warranties
or gmaranle % but such liability shall in no event include loss of profts or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may rake changes to legal ream by wren change order
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may rake any changes fo the corms, artier than legal terms, including seditious m or deleliom from
the quantities originally ordaod in the specifications or drawings, by veAal or written change order . If my such
change ofTeds the amount due or the time of perfonanre hereunder, an equitable adjustment shall M rode.
6. TERMINATIONS.
The Purchmer may at any time by write. change order, commerce this atomemem m to any or all portions of the
goods then not shipped. subject to any equitable ad estrum between the parties as to my work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profs on the uncompleted
portion of the good and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any goods which are the Sellers standard stock. No such tarm mition shall relieve
flit Purchaser or the Seller of any of their obligations as to any good delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be mimed within thirty (30) days from the date the change or termination k
ordered.
S. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and fumished in side(
compliance with all applicable laws and regulators to which the goods ere subject The Seller shall execute and
deliver such documents as may be nyuird to effect or evidence compliance. All laws and regulations required to be
nonpomfed in agreements of his chars der urn hereby medinomed herein by this refemhce. The Seller agrees .
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the
Sellers produce to comply with such law.
9. ASSIGNMENT,
Neither potty shall assign, broader, or convey this order, or any chances due or to become due hereunder without the
prior warned consent affair arm' xi ay.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment. materials, and items fumished
in performance of this agnomen, free and clear of my and all diem, moimmes. mun,cationes, security inform,
rncumbmnces nut claims of mhers.
13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correet noaconfrom ing or de@dive goods by a date to to agreed upon by the
Purchasand the Seller, and the Seller thereafter indicates its inability or willingness to comply, the Purchaser
may came the work to be performed by the amid expeditious means available to it, and the Seller shall pay all
costs associated with such work.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature
resulting from the performance ofmch work.
This delase shall apply even in the event of fault of reel i,.cc of the party released and shall extend to the
directors, officers and employees of such party.
The Seller's commensal obligations, including warranty, shall not ha droned to ha reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is"e d. me any design,dm'im. criminal or process covered by loner, paten. nralman,
or copyright, the Seller shall indemnify and save formless the Purchaser from any red all claims for infringement
by reason of the use of such patented design, device, manenal or process in connection with the rontmer, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the promotion or after the completion of the work. In use said ryuipmem, or
any part thereof or the imcnded use of the good, is in such suit held to constitute infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its awn expanse and at its option, either promote for the
Purchaser the right to continue using said equipment or pans, seplae the same with substantially equal but
noninfringing egnipmrnL or modify it so it becomes anninfrreging.
15, INSOLVENCY.
If the Seller shall become insolvent or bankmpt make an assignment for the benefit of creditors, option, a
receiver or trustee for any of the Sellers property or bminess, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of corms used or the inter ro anion of the ai me r eal and the debts of all ponies hereunder shall be
construed under and governed by the laws of the State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to pert work hereunder,
including the smives of Sellers Romm,ch rive(a), on the prcmisa of others.
17. SELLERS RESPONSIBILITY.
The Sella shall tarty oa said work m Sellers awn risk until the same is fully campleted and facepted, and shall,
in ace of eery accident, destruction or injury to the work adfr materials before Selids final completion and
a er,them, complete the work at Sellers own expense end to the satisfaction of fe Purchase. When materials
and equipment me fumished by others for installation at erenian by the Sella, the Seller slWl receive, unload,
store and handle same at the site and become responsible therefor or though such .,crisis and/or equipment
were being fiunished by the Seller maker the order.
18. INSURANCE.
The Sella shall, at his own expense, provide for the common on of workers compensation, including ocet whorft
divase benefits, to its employees employed on or in correction with for work covered by this purchase order,
mdbr to their dependents in accordance with the fan of the suite in which the work is to be done. The Seller
shall also Cary comprehensive Pori liability including, but not limited to. marcutual and automobile public
liability insurance with bodily injury and death limits of or least 5300,000 for any one person, 5500,000 for any
one accident and property damage limit pe accident of S4100,000. The Seller shall likewise require his
comments, if any, to provide for such con,wevation and assurance. Bettor,any office Sellers or his contractors
employees shall do any work upon the premiss of orders, the Seller shall famish the Purchnse with a cerdficate
that such compewtion and insurance have been provided. Such certificates; shall specify the date when such
compensation and insurance have been provided. Seth cef ifcates 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.
'I he Seller hereby assumes the entire responsibility and liabilan for any and all damage, loss or injury of any kind
or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and held harmless the Purchaser and any
r ail 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 Purchase may
be put or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his
contractors, or my of the Sellers or contractors officers, agents or employees. In case my suit or other
p.cecdings shall be bought against the Purchaser, or its officers, agents or employees at my time on recoil or
by reason of my act, a no% modest, omission or default of the Seller of any of his contractors or any of its or
their officers, agents or employees as aforesaid, the Seller hereby agree to assume the defense thereof and to
defend the more at the Sellers own mpcow, to pay my and all costs, changer, runways fees and other expenses,
my and all judgments than may be mounted by or obtained against the Purchase or any of its or feu oRcers,
agents or employees in such suits in other procedings, and in cone judgment or other lien be placed upon or
obtained against ga property of fe Parrchoser, or said parries in err res a melt of such hits in other proceedings,
the Seller will in omce cauu the same to h dissolved and discharged by giving band or whcrwiu. The Seller and
his condracfors shall take all safety preembom, famish and install all guard necessary for the pmention of
accidents, comply with ill laws and regulations with regard to safety inclufng bur without banned., the
Occupalioral Safety and Health Act of 1970 and all to, and regulations issued pursuant thereat.
Revised 03Q010