HomeMy WebLinkAbout102136 KORBY LANDSCAPING LLC - PURCHASE ORDER - 3214278 (2)Fort Collins
Date: 09/1012014
Vendor: 102136
KORBY LANDSCAPING LLC
ATTN: STEVE L KORBY
2406 E COUNTY RD #60
WELLINGTON CO 80549
PURCHASE ORDER
PO Number Page
3214278 1o12
This number must appear
on all invoices, packing
slips and labels.
Ship To: STREETS DEPARTMENT
CITY OF FORT COLLINS
625 NINTH STREET
FORT COLLINS CO 80524
Delivery Date: 01/09/2014 Buyer:
Note:
Line Description Quantity uOM Unit Price Extend
Ordered
3 Addeudum to PO 1 LOT LS 10,000.00
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
Pay terms net 30 days
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
I. COMMERCIAL DETAILS.
Tax exemptions. By scram the City of Fon Collins is exempt from state and local tare. Our Exemption Number is
11, NONWAMTR.
98-04502, Federal Cause Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Follow of the Pursheasser to imist upon strict performance of the Urns and conditions hereof fv'lere, or delay to
Internal Revenue, Denver, Colorado (Ref. Coloado Revised Statutes 1973, Chapter 39-26, 114 (a).
exercise any rights or ramages provided heroin or by law, failure to promptly wtify the Sella in the event of a
breach, the wccedirme ofo, pa,mem for imark hereunder or approval o(We design, shall not mlea, the Seller of
Goods Rejected, GOODS REJECTED due to failure m meet specification, either when shipped or due m defects of
any of the wanantie or obligations of this purchase order and shall not be deemed a waiver of any eight of the
damage in transit, may be resumed to you for credit and are not to be r,Iamd except upon reoelpt of writer
purchaser to insist upon strict performance hereof or any of its tights or readies as W any such goods, regardless
instructions farm the City offon Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any pomaded
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terns
Inspection. GOODS are subject to the City of fort Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response m this order car result in
12. ASSIGNMENT OP ANT ITRUST CLAIMS.
authormen ized payt on the pact paof the City of PonCollins. However, it is m be understaul that FWAL
Seller and the Purchaser recognize that in actual a e practice, o eechoMes resulting from antitrust
rforr
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures,
violations are in for home by the Purchaser. Theretofore, god cause and. consideration for executing this
purchase order, the Seller hereby assigns to the pilothouse any and all claims it may now have or haeafler
Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St. Fort Collins, CO 80522, unless
acquired under federal or stare antiteust laws for such overcharges existing to the particular goods or services
otherwise specified on this order. If permission is given m preps, freight and charge separately. the original freight
purchased m acquired by the Purchaser pro mor to this purchase order.
bill most accompany invoice. Additional charges for parking will not he accepted
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where downgraded have disfifidde,pains in venom pans of the country, shipment is
Hills, Purchaser duels the Seller to corers nordvnfomdng or defective goods by a date to be agred upon by the
expected from the rarest distribution point to deti.tion, and exars f fight will tat daluctd from Imaus, when
Pumataser and the Seller, and the Seller theresi indicates its inability or unwillingness to comply, the Pedhrser
shipments art made from greater distance.
may cause the work to be performed by the most expeditious means available to it, and the Sella shall pay all
costs associated with such work.
Pemtim Seller shall procure at sellers sole cost all necessary permits, ecatificata and licenses required by all
,applicable lows, regulations, ordinances and ml,, offl a one. municipality, ternary or political sudshvision where
the work is pedomred, or required by any other duly convtimled public authority havingjmisdiclian over the work
al vendor. Sella further agrees ,, hold the City of Fon Collins handier; from and against all liability and loss
oximard by them by reason or an asserted or established violation of any such laws, regulations, ordinances, mes
and requiraned,
Aothnrizatim, All ponies an 'his contract agrte char the representatives are, is fact, bona fide and possess fill and
complete arthonty a bind said Trades.
LIMITATION OF TERMS, This Pudatzu Oder expressly limits arc,t.m m the masts and ccroado o. stated
herein set fah and any supplementary or additional memo and conditions awexed harem or incorporated herein by
reference. Any additional or different leans ad coditiom proposed by seller ate obtained as ad hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT remedially if you cannot make complete shipment to move on your
practical delivery date as noted. Time is of the aware. Delivery and perfrmawce muss be effected within the time
.anatd on the purchase order and the d«timers matched hereto. No mrs of the Purchasers including, withom
limitation, nccrpdnce of partial late deliveries, shall amlow as a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition to mha legal and equitable remedies, the option of placing Ihis order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable fire damages as a result of delays
due in causes not reasonably foreseeable which am beyond its reasowble control and without is fault of negligence,
such acts of Gal, acts of civil w military authorities, govcmmenul prionties, fires, strikes, hod, 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 Just received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for the penud equal ta the time actually lost by reawn of the delay.
3. WARRANTY.
The Sella wamns and all good, anicla, muses s6 wal work covered by this order will cant with applicable
drawings, specifications, sa d la -Nor other descriptions given, will be fit far the purposes imenderl ad
Performed with the highest degree of care and compactors, in re odanee with structural standards for work of a
miter wmrc. The Sella agrte, to hold the purchaser hdmles from my lass, damage o, expnne which the
Purchaser, may sulTer or incur on account of the Sellers breach of.d. The Seller shall replace, repair car make
good, without cost o the purchase, any defects or faults wising within one (1) year or within such longer period of
time. may be prescribed by law or by the terms of any applicable warranty provided by the Seller able the dam of
ceadw ce of the goads famished bereunda (acceptance not to be uoreawrably delayed), resulting from imperfect
or defective work done or materials Finished by the Seller. Acceptance or use of goods by the Purchaser shall net
constitute a waiver of any claim under this warranty. D:xeept as otherwise provided in this purchase nrde, llie Sellers
liability hereunder shall extend to all damages pros imamly ensued by the breach of any of the Rac'mrsg wonmtties
or guarantees, but such liability shall in no at, include loss of profits or loss of use. NO IMPLIED WARRANTY
OR NIERC14AWABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser duty make changes Is legal terms by corner change oiler.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any change to the terror. dhenhan legal attars, including ambitious in, or delveses from
the quwtities originally ordered in the specifications or drawings, by verbal or women change order. If any such
change affects the amowt due or the time ofperformance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may a1 any time by wrrnat change We,, midniwat this agreement as to any erg al I portions of the
goods elan not shipped, subject to any equiuble mijustmem between the parries s to any work or materials then in
progress provided that the Purchaser shall not be liable lot any claims for anticipated profits on the uncompleted
portion of the goods and/or work, for incidental or consequential damages and that no such adjustment be made in
favor of the Seller with respect as mry goods which am the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller of any oftheir obligations as to any goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be aasened within thiry (30) days from the date the change or lamination is
nodded.
8. COMPLIANCE WITH LAW.
The Seller commons Wert all goods sold [uereuMa shall have been produced, sold, delivered and fumisMd in corm
compliance with all applicable laws and regulate. to which the goods are subject. The Seller shall execute ad
deliver such documents as may be almicd m el&ct or eideal, compliwre. All laws and regulations terminal 10 be
ncoapem ed in agreements of di s charades are hereby incorporated herein by this refigure. The Seller agrees 10
indemnify and hold the Purchaser be.]. fmm all loss said damages suffered by the Purehmer ex a reins of the
Sellers failure to comply wild such law.
9. ASSIGNMENT.
Neither pony shall .sign, vamfu or convey this order, or any monies due or to become due hereunder without the
prior written consent of the oNer perry.
10. TITLE.
The Seller wanans full, clear and unrtneicted title to the Purchser far all equipment, materials, and items famished
in palleamanm of this agreement, f coned clam of any cod all liens, restrictions, firam ions, seuunry iaeret
rncumbmm'. and claims of others.
The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature
resulting from the perfmnmm ofsuch 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 empleyees of such party.
The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, brcause
such work is pafnnd or caused to he perfomtd by the Purchseg.
14. PATENTS.
Whatever the Sella is debited a use any design devi«, material or p.. covered by lager, pstrnt, tadarark
or copyright, the Seller shall imkmnify and save hamdeas the Purchaser from any and all claims for infringemem
by reason of the use of such parented design, device, maternal or p rat. in rpnnection with the coarser, and
shall indemnify the Purchaser for any c.L expense or damage which it may be obliged a pay by reaon of such
inGmadmi t at any time during Ore prosecution or after the completion of the work. In case said equipment, or
any pan thereof or the intended use of the Saudis, is in such suit held to assume infringement and the use of
said equipment or pun is enjoined, the Seller shall, at its own expense and at its option, either procure for 1Le
Puahaser the right w camlinue using said equipment or parts, replace the sane with substantially equal but
noninfringing equipment, or modify it so it becomes nownfringing.
15. INSOLVENCY.
If the Seller shall become insolvent ar bartkmpl, make an assignment for the benefit of creditors, appoim a
receiver or mouse for any of the Sellers property or business, this order may foMwith be canceled by the
Purcbmcu without liability.
to. GOVERNING LAW.
The dfnitions ofacans used or the inleapretanon ofthe agreement ad the rights ofall parties hereunder shall be
compared under and governed by the laws offle Seam of Coloeade. USA.
The following Additional Cmdisiom apply only in cases wham the Seller is to pert work haemWee
including the racices of Sellers Repreentanve(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall,
in e of any accident, destruction or injury to the work and/or materials before Sellers final completion and
acceptance, complete the work at Sellers, own expense and b the satisfaction of the Pudhnsa. When infix ials
and equipment are 16mished by others for instillation or magma by the Seller, the Seller shall receive, unload,
store and handle same ;it the site and became responsible therefor to though such nulerrals maker equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment orworke s compensation, including occupational
disease benefice, to its employees employed on on in connection with the work caved by this purchase order,
and/or to their dependence in accordance with she laws of the sure in which the work d to b, done. The Sella
shall elsu rany comprchemive gcneml liability including• but act limited m, ex mmcmal and mdmobile public
liability insurance vs'hh bodily injury and death limits of at least $300,000 for any one person, 5500,003 for any
one accident and properly damage limit per accident of 5400,000. The Sella shall likewise reclaim bit
contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall burnish the Purchaser with a rvificam
that such compensation and insurance have been provided. Such certificates shall specify the date when such
compensation and insurance have been provide. Such ceaificam, shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be ntainaind until after the
snare work is compararedd and aoeepld.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility said liability for any and all damage, lass or injury of any kind
or velure whatsoever to persons or pmpeny caused by or perking from the execution of the work provided for in
this promises, order or in radiation herewith. The Seller will indemnify and hold hamtlas the Puteh.er and any
or all of the Pumhmers offers, agents ad employees fmm and against any am all claims, losses, damage,
charges or expenses, whether direct or indinal, and whether to persam a, pmpery a which rate Parches may
Per put or subjal by reason of any set, action, neglect, omission or Default oa the Two of the Seller, any of his
contractors, or coy of the Sellers or contractors offices, agents or employees. In case any suit or other
proceedings shall her brought ngaind the Purchase, or its oRc rid. agents or employees an coy fine on account or
by re.w of any act, action, neglect, omission or default of We Seller of any of his contractors or coy of its or
their ollicen, agents or employees as aforesaid the Seller hereby agrees to assume the defense thetavf and to
defend the same in he Sellers own expense, to pay coy and all casts, charges, mans ys fees and oNer, expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their ollicers,
agents or employes in such suits or other proceedings, and in case judgmem or other lien be placed upon or
obtained against the property of the Purchaser, or said ponies in or. a result of such suits or other pmccdings,
the Seller will of all nose the same a be dissoload cod discharged by giving bond or othetwise. The Seller and
his contraction shall take all safety precaution, furnish and install all goods necessary for the proceeds. of
accidents, comply with all laws cod regulations with regard to safety including. but without limitation, the
Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant Werem.
Revised WQ014