HomeMy WebLinkAbout102136 KORBY LANDSCAPING LLC - PURCHASE ORDER - 9144216Fort of
Date: 07/24/2014
Vendor: 102136
KORBY LANDSCAPING LLC
3201 E MULBERRY, UNIT S
FORT COLLINS CO 80524
PURCHASE ORDER
PO Number Page
9144216 tof2
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: 07/23/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Waters Way Neighborhood
Park Street Trees
Waters Way Neighborhood Park street trees per
work order signed 7/17/14 and invoice
23187 dated 6/28/14.
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@fcgov.00m
1 LOT LS
Total
Pay terms net 30 days
Invoice Address:
5,383.75
75
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
1. COMMERCIALDEIDU S.
Tax exemptions. By statute the City of Fan Collins is exempt from stale and local taxes. Our Exemption Number is 11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector, of Failure of the Puhihaer m iexisr upon stria peformance of the tans, and conditions hereof failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a
breach, the acceptance of or payment for goods hereunder m n,proval oflhe design, shall not mmuse the Seller of
Goads Rejected, GOODS REJECTED due to failure to meet specifilm or s, 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 night of the
damage in naresiq may be returned to you for credit and am an, to be replaced except main factor of written purchaser to insist upon stria performance Immoral any of to rights or remedies as to any such goods, regardless
sometimes from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any pro amed
coal modification or rcacission of this purchase older by the Proxima operate as a waiver of any of the terms
Inspectiw. GOODS are subjal m rk City from Collins me pecrion on clinical. hereof.
Final Acceptance. Receipt of the membandive, servicesor equpmen it in response ro this order ran result in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized p seem W the pan of the City of FoCollins. However, it is to be understood that FINAL Seller and the Purchaser recognise that in actual economic practice, eval ators resulting form antitrust
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures, violations we in fact home by the Purchaser. Theretofore, forgoodcause and m consideration for exacting this
purchase mden the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipments mat be FOR., City of ran Collies, 900 Wood Sr. Fon Collins, CO 90522, unless
atherwise specified on this older. If permission is given to prepay freight and charge separately, the original freight
bill mart accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is
expected from the nwrest distribution point to ciestii ion, and excess freight will be deducted from Imeice when
shipments are node from greater distance.
Permits. Seller shall Procure at sellers sole cost all na-mry permits, cenificmes and licenses romid by all
applicable laws, regulations, ordinances and roles of the stale, municipality, territory or political subdivision where
the work is performd, or required by any other duly constituted public authority having jurisdiction over be work
of vendor. Sella further agrees to hold 11. City of Fort Collins kmdess fmm and ugaiml all liability and fss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules
and requirements.
Authorization. All parties m this contract agree for the repreunatives arc, in fact, bow fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purthate Order expressly limits acceptance to the terms and conditions sand
herein set foal and any supplementary or additional tau and conditions mmexed hereto or incorporated herein by
morenre. Any additional or different terms and conditions proposd by seller are objected to and hereby rejend.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
,removed delivery date- acted. Time is of the essence. Delivery and performance must be effoled within the lime
stated on me purchase order and the documents attached hereto. No acts of the Purchrsen including, without
limitation, acceptance of partied 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 equitable remedies, me option of placing this older elsewhere
and holding the Seller liable for damages. However, the Sella shall not ha liable for damages as a result of delays
due to causes not reasonably foseamble which are beyond its seasonable co arm am without its fault of negligeme,
such acts o'God, acts ofavil or military authorities, goverrmmol Factories, fires, strikes, Bad, epidemics, was 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 Sella fin received knewld, thereof. In the event of my such delay, the date of delivery shall be
extended for the period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, maples and/or other descriptions given, will be fit for the purposes intended, and
performed with rise highest degree of care and competence in accordance with accepted standlds for work of a
similar nature. The Seller agrees to kid the purchvur harmless from any loss. damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of warranty. The Sella shall replace, repair or mike
good, without cost to the Forebears, any defeco or faults arising within one (1) year or within such longer period of
time as may be pr-cntam by law or by Ne terror of my applicable warranty provided by rk Seller her Ne time of
acceptance of the goods famished hereunder (acceponce not in be unseasonably delayed), resulting from imperfect
or defective work done or materials Nmishd by the Seller. Acceptance or use of goods by the Purchaser shall or
constitute a waiver of any claim under this warranty. Except as otherwise prow tried in this purchase order, the Sellers
liability hereunder shall extend to al I damages proximately caused by the breach of mry of the foregoing wananties
or guarantees, but such liability shall in no event include Iles of pants 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 eerrre by written change under.
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 originally ordered in the specifications or drawings, by scrod or written change order. If any such
change affects the amount due or the time ofperformance hereunder, an equitable .,]just ... in shall be made.
6. TERMINATIONS.
The Purchaser may at any lime by women
change ord. terminate this agreement res to any or all portions of the
goods fen nor shipped, subject to my equitable adjmtmem between the parties as to any work or mammals then in
progress provided first the Purchaser shall not Is, liable for any claims for anticipated proles on floe mcnmpletd
portion of the good maker work, for incidental or consequential damages, real that no such adjusmene b, made in
favor of ebe Sella with respect to any goods which are the Sellers mmdxrd stork. No such mrmiwrion shall mIm,c
the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim far adjustment must be asserted within thirty (30) days from the time the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
Ile Seller warranrs Nat all goods mid hereunder shall have been produced sold delivered and furnished in strict
compliance wild all applicable laws and regulations to which life goods are subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All lax, 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 the Purchaser harmless floor all costs and damages offered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
,nor written consent of the the, parry.
10, TITLE.
The Sella wvemes fall, ilea and um-rricted rifle re Nc purchaser for all cropland, materials, and items famished
in performance of this agreement f and clever of my and all liens, restrictions, moo, secueiry imrrest
encumbrames and claims o f others.
requital under federal or slat mmiuuse laws for a overcharges relating In the particular goods or services
purchased or acquired by the Purchaser pursuant to this purcham order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser direas the Sella to canal nonconforming or defective goals by a date to her agreed upon by rise
Purchaser and the Seller, and the Sella herafter indicates its inability ar unwillingness to comply, the Purchases
may reuse Ne work to k performed by the most expeditious merle available to it. and gm Seller shall pay all
costs aswciatM will such work.
The Seller shall relaee fe Purchaser and its contractors of any tier from all liability and claims of any while
resulting from she performance ofsuch work.
Phis 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 patty.
The Seller's mntmchol obligations, including warranty, shall not tx dared to or reduced, in any wag because
such work is performed or caused to be performed by the Purchsser.
14. PATENTS.
Whenever the Sena is required to rise any design, device, material or process covered by Imer. plan, trademark
or copyright, the Seller shall indemnify and save haemless the Purchaser from any and all claims for infringement
by reason of the use of such paroled design, device, material or process in commaian with the contmU, and
shall indemnify the Purchaser for any cost, expense or damage which it may to obliged to pay by reason of such
inl'ringermed at any time during the prosecution or alley the completion of the work. In case said equipment, or
any pan thereof or the intended use of the goods, is in such suit held to comoode infringement and the use of
mid equipment or pan is enjoined, rise Sella shall, at its awn expense and at its option, either procure for the
Purchaser rise right to continue using said equipment or pans, replace she same with substantially equal but
twninfringing equipment. or modify it m it becomes noninfiinung.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
receiver or mute for any of the Sellers property or business, this alder may forthwith be canceled by the
Purchser without liability.
16. GOVERNING LAW.
The definitions of terms used or the transportation of the agreement and the rights of all ponies hereunder shall be
combined under and governed by the laws order State ofColomdo, USA.
The following Additioml Conditions apply only in conses where rise Seller ex w perform work hereunder,
iaclWar,do ra of Selleolie,mann ive(s), on do premiseswalmo.
17. SELLERS RESPONSIBILITY,
The Seller shall carry on said work at Sellers own risk until the sure is Silly completed and accepted, and shall,
in u of any accident, destruction or injury an the work and/or materials before Sellers final completion and
secceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials
nd equipment am furnished by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle same at the Bile and became responsible therefor as though such materials and., equipment
were being foreword by fire Seller under the order.
18. INSURANCE.
The Sella shall, at his our capers, provide for dye payment of workers connium ation, including occupation]
disease beneficev to its employees employed on or in correction with lire work covered by this purchase cnder,
amber to their depar ears in accordance with rise laws of the stale in which the work is to be done. The Seller
shall also carry comprehensive general liability including. but not limited to, contractual and automobile public
liability acconce with hedily injury and death limits of m least S300," for say one person, S300,00o for any
am, accident and property damage limn per accident of $400,000. The Seller shall likewise require his
o nnemrs, if any, to provide fur such compensation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shah famish the Formula with a certificate
that such compensation and insurance have been pmvWed. Such cauricut- shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify the dale when such compersaton
and insurance expires. The Seller agrees that such compensation and insurance shall be nounmerd until after the
.if. work is completed and accepter-
19, PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss an injury of my kind
or nature whatmever to persons or property caused by or resulting from the execution of the wad provided for in
this purchase order or in connection herewith. The Seller will indemnify and held harmless the Purchaser and any
r all of the Purchasers olEcas, a,.o clad employers from and against any and all claims, loss-, 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 any act, action, neglect, omission or default on the pan of the Seller, any of his
contractors, or any of ek Sella or commuctons officers, agents or employers. In case any suit or other
proceedings shall be brought against life Purchaser, ar us affects, agents or employees at any lime on account or
by reason of my act action, regal. omission or default of the Seller of any of his contractors or any of ds or
that officers, agents ar employees as aforesaid, the Seller hereby agree an assume the defcme thereof and to
defend file come at the Sellers own expense, to pay any and ell costs, charges, anomrys f s and other, expenses,
any and all judgments Nat may be incurred by or oboind against the Purchaser or any of its ar their officers,
agents or employees in such suits or other proceedings, aral in case Pohlmann or other lien be placed upon or
obtained against the property of the Pmchaur, ar said panics in or as is result of such suits or other proceedings,
the Seller will at once cause the some to be dissolved and discharged by giving band or otherwise. The Sella and
his contractors shall take all safety promotion, furnish and install all guards necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Si and Health Act of 1970 and all rules and rtguhtiom issued pursuant therm.
Revised 07Q014