HomeMy WebLinkAbout102136 KORBY LANDSCAPING LLC - PURCHASE ORDER - 9142613Fort Collins
Date: 05/09/2014
Vendor: 102136
KORBY LANDSCAPING LLC
3201 E MULBERRY, UNIT S
FORT COLLINS CO 80524
PURCHASE ORDERPO
914261er Page
142613 1 of 2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: CLRS ADMINISTRATION
CITY OF FORT COLLINS
215 N MASON, 3RD FLOOR
FORT COLLINS CO 80524-4408
Delivery Date: 05/08/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
I New Street Landscaping for
Registry Park
New street landscaping for Registry Park per work order
dated 4/18/2014 and landscape quote 20342 dated
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
inSil�*1
16,536.25
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
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt firm staleand local taxes. Our Exemption Number is
11. NONWAIVER.
98-04503. Falafel Excise 1'ax Exemption CeniGcate of Registry 84-600058] is registered with the Collector of
Failure of the Purchaser to most upon strict performance of the terms and wnditions hereof, failure or delay b
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smtums 1973, Chapter 39-26,114 (a).
exercise any rights or remedies provided herein m by law, failure to promptly notify the Sella in the event of a
breach, the acceptance for payment for goods hereurda or approval ofthe design, shall not release the Seller of
Goods Rejected, GOODS REJECTED due to failure ta meet specifications, either when shipped err due to defects of
my of the xatrentirs or obligations of this pamhme order and shall not be deemed a waiver of any right of the
damage in Imnsit, may be relumed to you for credit and are not 10 be replared except upon receipt of wrroan
Purrh vem or insist upon -me' perfomance hereof or any of its rights mremedies as to any such good, refining —
reductions firm the City of Fon Collins.
of what shipped, received or mupted. as to any prior or subsryueat default hereunder, dot shall any purported
coal modification or rescission of this pumhzs order by the Pureh is operate res a waiver of any of trc terms
Inspection. GOODS arc subject o the City of Fort Collins inspection on arrival
hereof.
Final Acceptance. Receipt of the memhandese, sanices or ryuipment in maponu to this order an rasuh in
12, ASSIGNMENTOF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fort Collins. Hovirea, a is to be understand than FINAL
Sella and the Purchaer irruptive that in ..I a is practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion craft applicable oqui d inpectov procedures.
violations ere in fact bore by the Prcha uer. Theretofore, for good cats, add to consideration for executing this
traders, order, the Sella hereby assigns to the Purchaser any and all claims it may now have or hacaffer
Freight Terms. Shipments most be F.O.B., City of Fort Collirs, ]Oo Wood Sr, Fart Collins, CO 80522. unless
acquired under federal or state antitrust laws for such overcharges relating or the particular goods or services
otherwise specified on this order. Upemdssion is given to prepay freight and charge separately, the original freight
purchased or acquired by the Pardoner purseunr to this pumhase order.
bill must accompany invoice. Additional clnrees for packing will not b , acrelned.
Shipment Distance. Whem manufacturers have distributing points in marmus pans of the country, shipment is
expected tram the nearest distribution point to destitution, and excess freight will be deducted tram Invoice when
shipments am it, from greater, distance.
Permits. Seller shall procure at sellers sole cost all necessary permits, artifiams and becomes samurai by all
applicable laws, regulation, ordimnces and roles of the state, municipality, manor, or political subdivision where
the work is performed, or terminal by any other duly constituted public authority having jumedirdon over the work
of vendor. Seller further agrees to hold the City of Too Collins M1armle, from and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, odlnonces, rules
and requirements.
Authorization, All panics to this contract agree that he representatives are, in fact, bona Ede and possess full and
complete authority to bind said panics.
LIMITATION OF TERMS. 'This Pmchaae Order expressly limits acceptance to the tears and conditions staled
herein at, forth and any supplementary ,, :aldition:d leads and canditions annexed broad or incorporated herein by
reference. Any additional or diflarat fair, odd conditions proposed by seller are objected to and hereby ,jaws.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGEN Iin mediately ifyoa cannot make complete shipment to amve on your
promised delivery date as note_ Time is of the omence. Delivery and perfmmtunce must be afecad within Its time
staled on the purchase major and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate m a waiver of this provision. in the event of any delay,
the Purchaser shall have, in addition to other legal and crumble remediq the order, ofplacing this order elsewhere
and holding the Seller liable for manages. However, the Sella shall not be liable for damages re a result of delays
due to causes notrwsonably foreseeable which ere beyond its reasonable control and without its fault of negligence,
such acts offbeat, arts ofciA[ or military aothegics, scvemm artal priorities, fires. makes, flood, epidemic, wars or
riots provided that notice of the conditions causing such delay is given to the Purchase, within five (5) days of the
time when the Seller first received knowledge thereof. In the event of any such delay, the dare of delivery shall be
extended for the peried equal to the time actually lost by roman of the delay.
3. WARRANTY.
The Seller warrants that all goods, ankle . materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other desnptians givrn, will be lot for Ne PmWses intended, and
performed with the highest degree of cart and com,ecne in mcordantt with accepted standards for work of a
mil. nature. The Seller, agrees 10 hold the purchaser, harmless from any lass, damage or espare, which the
Purchaser may suffer or incur on mawl ofthe Sellers breach of warranty. The Sella shall replace, sepa'v or make
good, without con to the purchaser, any def cos or faults arising within one (1) year or within such longer prod of
time. may be presented by law or by the terns army applicable x'aranty provided by the Sell, offer the date of
acceptance of the goods punished he Sunda (accrytance not to he wma. enably delayed), resulting tram impart t
or defective work done or mmeriah furnished by the Seller. Acceptance or use of good by the Purchaser shall oat
omtitus a waiver of any claim under this warranty. Except as otherwise provided in this pumbas order, the Sellers
liability hereunder shall extend to all damages proximately arced by the breach of any of the foregoing is
or gusonlres, but such liability shall in no craft include loss of profits 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 wrimcn 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 ufi,cally ordered in the specifications or drawings, by verbal or written change order. It any such
change affects the amount due or the time ofperl'ormance hereunder, an i,atable adjustment shall be mode.
6. 1 ERMINATIONS.
The Purchaser may at any time by written change order, temrinate this agreement as to any or all porneas of the
goods then not shipped, subject a any equitable adjustment between the parties a, to any work or materials then in
progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted
portion of the goods and/or work, for incidental or conse9uenlial damages, and that no such adjumne nl be made in
favor of the Seller with respect to any goats which are the Sellers standard stock. No such termina[ion shall relieve
the Purchaser or the Sella of any ofiber, obligations as to any goods delivered hereunder.
1. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must he marred within ltiny (30) days firm the date the change or termination is
minded.
8. COMPLIANCE WITH LAW.
The Sella warrants that all good sold hereunder shall have been andueed, sold delivered and f ished w strict
ompliana with all applicable laws end tegulatione m which the goods are subject The Seller sbdl execute and
deliver such documents as may he rtquiM to eRea or evidence compliance. All lass add regulatimrs capital to he
gol"nated in agreements of this character are hereby incotporwed herein by this reference. The Seller agrees to
indemnify and hold the Purchaser Food. from all costs and damages suResd by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, transfer, or convey this order, or any monies due or to baome due heremder without the
prior wrinat romcar of the gher party.
10. TITLE.
The Seller warrants full, clear abd m restricted title m the Forebear for all equipment materiels, and irerm famished
in performance of his agreemen, free unit clear of a, and all liens, androc am, reseeatimm, security interest
encumbrances and claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Sella to correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser and Ne Sella and the Seller thaaffer indicates its inability or unwillingness 10 comply, the Purchaser
may cause the work to Ix performed by the most expeditious dram available to it, and the Seller shall pay all
casts associated with such work.
The Seller shall release the Purchaor and its contractors of any tier tram all liability and claims of any nature
resulting firm the paraomance 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, officers and employees of such party.
The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design. device, —Wrist or pace, covered by lamer, peter,, bookmark
Or copyright, the Seller shall indemnify and are homeless the Purchaser fair any send all claims for inGngement
by reason of the use of such patented design, device, material or process in camecbion with the contract, and
shot[ indennify life Purchaser f r any cost, expense or damage which it may be obliged ro pay by ream, of such
infringement at any time during the prosecution or after the completion of the work. In case said equipment, or
any pan thereof or the intended 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 own expense and ar its option, either procure for the
Purchaser the right to continue using said ryuipment or pans, replace the same with substantially equal but
noninfringing ryuipment or modify it so it becomes noninGnging.
15. INSOLVENCY.
If the Seller shall become insolvent or bmrkrs , make an assignment for the benefit of creditors. appoint a
receiver or mmame for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions ofrems reed or the interpretation ofthe agreement and the rights ofall parties hereunder shall be
constmed under and governed by the laws ofthe Stare of Colorado, USA.
The following Additional Conditions apply only in cases where the Sella is in perform work hereunder,
including the services of Sellers Repaxamu noD), on the prnnises of others.
17. SELLERS RESPONSIBILITY,
The Seller shall carry oa said work err Sellers own risk wfit the same is fully completed and aaepmd, and shall,
in as of any accident destruction or injury to the wark ami m m wool, before Solids final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When tnamdds
add equipment are furnished by others for installation or erection by the Seller, she Seller shall receive, unload,
store and handle same at the site and became responsible therefor as though such materials and/or equipment
were being famished by the Seiler under the order
19. INSURANCE.
The Seller shall, at his awn expense, provide for the payereal of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
cracker to their dependents in accordance with the laws of the state in which the work is to he done. The Seller
shall also carry comprehensive general liability including, but not limited to, continental and automobile public
liabil it, insurance with bodily injury fad death limits of at least S300,000 for any one person, $50 ,000 for any
one accident and property damage limit per said., of S400,000. The Seller shall likewise require his
if any, to provide lot such compensation and insurance. Before any of the Sellers or his contractors
employers steal I do any work upon life premises of others, the Seller shall famish the Purchaser with is certificate
that such c mporsainn and assurance have been provided. Such certificates shall specify the date when such
compensation and insurance have been provided. Such cenificams shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensmion 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 attire responsibility and liability for any and all damage, loss or injury afory kind
or made whatsoever to persons or company caused by or resulting from the execution of the work provided for in
this purchase order or in connotation herewith. The Sella will indemnify and hold harmless Ne Purchaser and any
r 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 person, or company to which the Purchaser may
he pat in subject by resson of any act action, n ,oat, omission or default on the pan of the Seller, any of his
committers, or any of the Sellers or contractors officers, agents or employees. in as any suit or other
proceedings shall he brought against the premiums, w its officers, agents or employees in any time on account or
by reason of soy mL action, naglen, omission or default of for Seller of any of his contactors or any of its or
their oMe.. agents or employees as aforesaid, the Sella hereby agrees In assume due defense thereof and to
defend the same m the Sellers own rxpeme, m pay any and all cosh, charges, amomeys fees and other expenses,
any and all judgments that may be iorctmed by or ohe aed against the Pumhssa or any of its or their offices,
agents or employees in such suits or other proceedings, and 'm case judgment or other lien W placed upon or
obtained against the property ofthe Purchaser. or said panic in or as a result of such suits or other proceedings,
the Sella will at once cause the same d he dissolved and discharged by giving bond or gl eaeviss. The Seller and
his antmemrs shall take all safety prtcaurions, furnish and install ell guard naess r, for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
OmWtional Safety ad Health Act of 1970 and all roles and nutritious issued punning tlrctao.
Revised 03a(110