HomeMy WebLinkAbout102136 KORBY LANDSCAPING LLC - PURCHASE ORDER - 9143954 (2)PO
PURCHASE ORDER 914395er Page
City of PURCHASE
43954 1 of z
' `t Collins( hisnumber must appear
V " �7 on all invoices, packing
sli s and labels.
Date: 07/15/2014
Vendor: 102136
Ship To:
PARK MAINTENANCE
KORBY LANDSCAPING LLC
CITY OF FORT COLLINS
3201 E MULBERRY, UNIT S
413 S BRYAN
FORT COLLINS CO 80524
FORT COLLINS CO 80521
Delivery Date: 07/15/2014
Buyer:
WILSON, JILL
Note:
Line Description
Quantity
Ordered
UOM Unit Price
Extended
Price
1 Labor Charges Flower Planting
1 LOT
LS
4,000.00
Estimate # 7000, Old Town
2 Labor Charges Flower Planting
1 LOT
LS
5,125.00
Estimate # 7000, Old Town
a Labor Charges Flower Planting
1 LOT
LS
1,000.00
Estimate # 7000, Old Town
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
Total $10.125.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Page 2 of 2
L COMMERCIALDETAIIS.
Tax exemptions. By smlule the City of Fon Collins is exempt frum state and local lazes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Ceaifcahe of Registry 84-6000587 is registered with the Collector of
Formal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due 1r failure to meer specifications, either when shipped or due in defects of
damage in transit, may be rerumed to you for credit and are not to be replaced except upon receipt of wrinen
instructions Fora the City affair Collins
Inspection. GOODS are subject to the City of Fort Collins inspection on added.
Final Acceptance. Receipt of the merchandise, sarrim, Or equipmenr in sparse to this .,it,, can result in
authorized payment on the pan of the City of To" Collins. Hovarce. it is to be understand that FINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight Terms. Shipments most be EO.D, City of Fan Collins. 900 Wood St., Pon Collins, CO 80522, unless
otherwisespecified on this order. If permission is given to prepay freight and clove c reparamly, the origmad (might
bill must accompany imelce. Additional charges for packing will at be accepted.
Shipment Distance. Where manufacturers have distributing points in Gardens Pans of the country, shipment is
expected frum the nmred distribution point to destmadion, and excess freight will be deducted from Invoice when
shipments are made firm greater distance.
Permits. Seller shall procure at sellers sole ever all necessary permits, camficros and licenses required by all
applicable laws, regulations, ordinances surd roles of hie sate, municipality, aemmry or Political subdivision where
the work u performed, or rryuired by any other duly cormidned public authonty having jurisdiction over the work
of vendor. Seller further agrees to held the City of Fon Collins hmmlms from end against all liability and loss
incurred by them by reason of an assured or established violation of any such laws. regulations, ordinances, roles
sad "i ivernm s.
Autboriution All parties to this contract agree Oat 0e repreurach" are, in fact, bona fide cad possess full and
complete authanry to birm said parries.
LIMITATION OF TERMS. This Purchase Omer cxprealy limits acceptance to the terms mod conditions stated
herein set forth and my supplementary or additional terms and conditions annexed hereto of incorporated herein by
re&rence. Any additional or different terms and candidates proposed by seller art objected to and hereby rejecld.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery data u noted Time is of the essence. Delivery and performance must be effecied within the time
sound on the purchase order and the docco mts attached hereto. No aces of the Patch. including, without
limitation, acceptance ofpanial late deliveries, shall metric as a waiver of this Provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of dcfays
due to causes not damnably fore a able which art beyond its reasonable control and without its fault of negligence,
such acts of Gad, acts ofeivil or military authontics, 6m'emmental priorities, fires, strikes, flood, epidemics, wars or
dots provided that notice of the conditions causing snob delay is given to the Purchaser within fivc (5) days of th,
time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall he
extended for the period equal to the date actually lost by reason ofthe delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work coverd by this Omer will conform with applicable
drawings, specifcalmon, samples amber other deseriptioas 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 rehire. The Seller agrees io hold One 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, without cost to Ore pumheser, any defects or faults eosin, within one (1) year or within such longer peed Of
time as may be prescribed by law or by the mats Of any applicable warranty provided by the Seller after the date of
acceptance of the goods famished hereunder (acceptmce not to be unreasonably delayed), resulting from imperfect
or defective work done or materials, fumishd by the Seller. Acceptance or use of goods by the Purchaser shall nut
constitute a waiver of any claim undid this warranty. Except as 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 guardnmes, but such liability shall in no event include loss of prefits Or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Pumzser may make changes to legal terms by wrinen change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any charges to the corms, other than legal mats, including additions to or delerions from
the goentuma originally ordered in the speeifictions or drawings, by verbal or written change order. If any such
.. change affects theruntdueor the time ofperformance hereunder, an to lable adjustmentshall be nude.
6. TERMINATIONS.
The Purchaser may At any time by wrinen change order, mrminate this agreement as to tiny or all ponions at the
goods then not shipped, subject to any equitable Aram ent between the parties as to my work or materials then in
progress provided that the Purchaser shall not he liable for any claims for anticipated profits on the uncompleted
portion of the goods nnd/m work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any goads which are the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller of my of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be returned within thirty (30) days from the date the change or temtination is
omered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and fumishd in strict
compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and
deliver such documents in may be requinal to effect or evidence compliance. All laws and regulations required to M
imerpomted in agreements of this character are hereby incopomted herein by this reference. The Seller agrees to
indemnify and hold the Pura der hamless from all costs and dmnagei suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither Party shall assign, transfer, err convey this Order, or any monies due or to become due hereunder without the
prior seamed corsent ofthe other Party.
I o. TITLE.
The Seller warrants full, clear ad untestaft d title to the Purchaun for all equipment materials, and items perished
in performance of this agreement, free and dear of any and it liens, restrictions, rcaervatiom, security intent
mcombmaces and claims ofothem.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the tames and conditions hereof, failure or delay to
exercise any rights a, ..cities provided herein or by law, 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 warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goads, regardless
of when shipped, received or accepted, as to soy prior or nonsectarian default hereunder, nor shall any purported
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust
violations are in fact bonofo e by the purchaser. Therctreforgood 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
acquired under federal or sure antitndif laws for such ovemhmges relating to hie particular goods or services
purchased or mquird by the Purchaser pursuant to this parchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to conect nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, roadthe Seller thereafter indicates its inability or unwillingness On comply. the Purchaser
may case the work to be perforated by the most expeditious means available to it, and the Seller shall pay all
costs associated with such work.
The Seller shall release the Purchaser and its contactors of any net from all liability and claims of any manor,
resulting frum the performance ofsuch work.
This release shall apply even in the arena of fault of negligence of the party relemd and shall extend to line
directors, oReers and employees of such party.
The Selleh contactual obligations, including warranty, shall not W dinned to be reduced, is my way, because
such work is performed or,used to Is, performed by lire Purchaser
14. PATENTS.
Whenever the Seller is iodated to use any design, device, mammal or process covered by bract, patent oademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by . of the one of such pate.ed design, device, deteri d or process in connection with the contrmv, and
shall indemnify the Purchaser far any cost expense or damage which if may be obliged to Pay by reason fsuch
infringement at any time during the prosecution or after the completion of the work. In case said aluipment, or
any pan thereof or the intended use of the goods, is re such soil held or mnsdrum affid cmena and the tine of
said equipment or Fart is enjoined, the Seller shall, at its own ee,. and at in, option, either procure far hie
Purchaser the night On continue using said equipmenr or pans, replace the same with substantially rynal bur
noninfringing equipment, or modify it so it becomes nominating.
15. INSOLVENCY.
If thc Seller shall became mard..nt or badoupa, make an ovegnment f the benefit of declined, appoint a
deriver or nuste, for any of thma e Sellers property or business, this order y forthwith be canceled by the
Purchaser with rid liability.
16. GOVERNING LAW.
The definium. oft,— used or the interpreted.. ofibe agreement and she rights of all panic hereunder shall be
ennsuued under and gmemd by the laws of the Sam ofCalorado, USA.
The following Additional Conditions apply only in cases where the Seller is to Pentland work hereunder,
including the services of Sellers Reprosoundive(s), on the premises of oders.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the came is fully completed and accepted, and shall,
in e of any accident, demmetion or injury to the work and/or materials before Sellers final completion and
acceptance, complete the code at Sellers owo expense and to the satisfaction of the Purchaser. When materials
and equipment are famished by others for iuvallatiou or erection 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 famished by the Seller wader the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the Freedom of workers compensation, including occupational
disease benefiu, to its employees employed on or in connection with the work covered by this purchase order,
amVor to their dependents in acmmance with the laws of the some in which the work is to be done. The Seller
shall ulna cry comprehensive general liability including, bur rat limited to, contractual and automobile public
liability insurance with bodily injury and death limits of at lea9 $300000 for any one person, $500,000 for any
one accident and property damage limit per accident of $400,000. The Seller shall likewise require his
u.mcmrs, if any, In provide for such compensation and in e. Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate
that such compensation and insurance have been provided. Such certificates shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify the dote when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the
antire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
]fie Seller hereby assumes the entire responsibility mid liability 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 hold handless the Purchaser and any
r all of the Purchasers Officers, agents and employees from and Manor my and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property to which hie Dominator may
be pm me subject by reason of any act, action, neglecr, omission or default on the prat of the Seller, any of his
contactors, or any of the Sellers or contractors officers, agents or employees. In case my suit or other
proceedings shall be brought against the Pearchow, or its officers, agents or employees at any time on account ar
by reason of any net, action, neglect, omission or default of the Seller of my of his commctors or any of its or
their officers, agents or employees as aforesaid, Ore Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, to pay my and all costs, charges, attorneys fees and other expenses,
any and all judgments Out may be incurred by or eboind against the Purchaser or my of its or their olRcers,
agents or employees in such suits or other procedings, and in case judgment or other lien be placed upon or
obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings,
the Seller will at once cuu the come to he dissolved and divelon d by giving bond or chaired.. The Seller and
has contractors shall take all artery precautions, Finnish and irolzll all giands necessary for the prevention of
accidents. comply with all laws and regulations with regain to safety including, but without limitation, fire
Occupational Safety and Health Act of 1970 od all roles and regulation, issued pursumt therein.
Revised 03R010