HomeMy WebLinkAbout102136 KORBY LANDSCAPING LLC - PURCHASE ORDER - 3214278 (3)Fort Collins
Date: 09/26/2014
Vendor: 102136
KORBY LANDSCAPING LLC
ATTN: STEVE L KORBY
2406 E COUNTY RD #60
WELLINGTON CO 80549
PURCHASE ORDER
PO Number Page
3214278 1of2
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 Extended
Ordered Price
4 Addeudum to PO
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
5,000.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order'fcnns and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By stairm Ile City of Pan Collins is exempt from state and local taxes. Our Exemption Number is
11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84 6=597 is registered with the Collector of
Failure of the Purchase, to insist upon inner performance of the tams and conditions hereof, failure or delay to
Imemal 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 Seller in the event of a
breach, Ile acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of
Ga.& Rejected. GOODS REJECTED due to failure m over specification, either when shipped or due t. defects of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in transit, may be remme l to you for credit and are not to he replaced except upon receipt of written
purchaser to insist upon strict performance bemofor any of its rights or remedies as to any such goads, regardless
instructions from the City of Fan Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puryoned
ore] modification or rescission of this purchase order by the Purchaser operate in a waiver of any of the tams
Inspection. GOODS are subject to the City of Fan Collins inspection on arrival.
hereof,
Final Acceptance. Reveipt of the merchandise, services or equipment in resperese to this order ran result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fan Collins. [Rosevear, it is no he undentaod flat FINAL
Seller and the Purchaser recognize that in actual ecmomic practice, accouterment resulting fmm antitrust
ACCEPTANCEJx dependent uponcompletion ofall applicableammired inspection procedures
violations are in fact bone by the Purchaser Therrefore, for good cause and as consideration for executing this
purchase order, the Sella hereby assign Ira the Ptachnen any and all claims it may now have or henea]ter
Freight Terms. Shipments must b , F.O D., City of Fan Collins. 700 Wood St., Fan Collins, CO 80522, unless
acquired under Section or note amiaasa laws for such wemharms relaidt to the panicutar goods a, services
otherwise specified on this code. Hpemrission is given to prepay freight mad charge selary r. the on,mal feeighr
purchased or squired by the Purchase pursuant to this purchase order.
bill most armature, invoice. Additional chances fen mckim will not be accounted.
Shipment Distance. Where manufacturers have distributing Points in Tartan parts of me country, shipment is
expected fmm the nearest distribution point to destruction, and excess freight will be deducted from Invoice when
shipments ale muck, fmm greater distance.
Permits. Seller shall procure at sellers sole end all necessary permits, ceniftcates all licences required by all
applicable laws, mgulatiore, ordinances and roles of me state, municipality, memory or political subdivision where
the work is perfomrmdf or restricted by any offer duly comtituted public authority having jurisdiction war the work
of vendor. Seller fuller agrees to hold the City of Pon Collins hamlas fmm mad against all liability and loss
incurred by hem by reason of an assened or established violation of any such laws, regulation, mdluanca, roles
and requirements.
Audmmllon. All panics to this contract agree that the representatives roc, in fact, bona Ede and passes, full all
mmplem auhodty to bind said panics.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set ford and any supplementary or additional fears and conditions annexed mucto or incorporated herein by
reference. Any additional or different tans and condition pmposcd by seller are objected m and hereby injected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to move on your
promised delivery dam as noted. Time is of the cssmm. Delivery and performance most he effected within the time
stated an the purchase aide, and the documents mirehed hereto. No ,Is of the Purchasers including, without
limitation, acceptance effectual Inn deliveries, shall operate is a waiver of thlx 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 rim be liable for damages as a result of delays
due to causes not aeammtbly foreseeable which are beyond its reasonable control and without its fault of uegligmea,
such acts of Gad, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or
riots provided that ..lice of the conditions caning such delay is given to the Purchaser within five (5) days of the
time when the Seller fen received knowledge rhomf In the event of any such delay, the date of delivery shall be
extended Smile period timed to the time azreally Ion by reason of the delay.
3. WARRANTY.
The Seller warrants chat all goads, articles, materials and murk covered by his order will conform with applicable
drawings, specifcidons, samples inuu other descriptions given, will be lit to, the purposes intended, and
performed with the highest degree of core and competence in accordance with accepted standards for work of a
'similar nature. The Seller agrees to hold the pure..... harmless from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of warranty, Ile Seller shall replace, repair ar make
goad, without cost to the purchaser, 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 army applicable warranty pmvided by the Seller one, the dale of
acceptance of the goods famished hereunder (acceptance not to he unreasonably delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or use organ& by the Purchaser shall nor
ontimle a waiver of any claim under 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 guarantees, but such liability shall in no event 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 teas by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchas may make any clmnges 1. the moms, he, than legal toms, including additimss to or ddedoas from
,he quanliti. originally ordered in the specificmiom or drawings, by verbal or wdnen change order. If any such
change offers the amount due or de time ofperfomance hereunder, an equitable adjuttmena shall ho made.
6. TERMINATIONS.
The Porchasom may st .1 time by udder, change aide,, mmimate this agmemem as to any or all portions of the
goods then not shipped, subject o any equitable adjustment between the panic as to any work or materials then in
progress provided door the Purchaser shall not be liable for my claims for anticipated props on de, uncompleted
portion of the goods andior work, for incidental or co dsomential damages, and hat an such adjaxam set be made in
favor of de Seller will respect to any goods which use, The, Sellers staMaN stack. No such numeration shall relieve
the Purchaser or the Seller wary ofdwir obligations ss to any goo& delivend hemuaden.
]. CLAIMS FOR ADJUSTMENT.
Any claim far ad,.., t most be auamd widen thirty (30) days from the dam me change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants tat all goods sold hereunder shall have been produced, said, delivered and furnished in strict
compliance with all applicable laws and regulations to which the goo& are subject The Seller said execute all
deliver such domannmts as may be required to effect or evidence compliance. All laws and regulation required to be,
incorporated in agreements of this chtacter are herby incorporated herein by this mf ce. The Sella offices to
indemnify and hold the Purchsser harmless from all casts road damages suffered by Ile Purchaser in a mull of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall condign, uanfer, or convey this order, or my monies due or to become due hemwder without the
prior written consent of the ocher party.
10. TITLE.
The Seller warrants full, clear and unrestricted lisle to the Purchaser for all equipment, materials, and items fumishcd
in perform ce of this agreement. Gee and clear of any rod .II liens, restrictions, reservations, mcurity interest
encumbrances and claims ofirthers.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifine Parcbasar drivers Ile Seller m coma nonconforming or defective goods by a date to be agreed upon by the
Purchaser and de Seller all the Seller thereafter indicates its inability or unwillingnessto comply, the Purchaser
may rouse the wort: to be performed by the most expedifious mean available Io it, end the Sella shall pay all
costs manclted aid such work.
The Seller shall release the purchase and its componoas of any net from all liability and claims of any warm
resulting fmm the perfomance of such work.
This release shall apply even in flue event of fault of negligence of the Ixmy released and shall exlead to the
directors, officers all employees ofsuch parry.
The SelleO, commercial obligations, including womary, shall oat be deemed rm be reduced, in any way, because
such work is penfocoed or caused to be performed by he Purchaser.
14. PATENTS.
Whenever the Sella is required to use any design, device, material or process covered by letter, patent, trademark
or copyright. Ile Seller shall indemnify and save harmless the Purchaser fmm any and all claims for inGngement
by reason of the use of such patented design, device, mammal or process in connection with the contract, and
shall indemnify he Pmuldrom far any cast, expense or d rome which it may be obliged to pay by reason 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 imeraded use of the goods, is in such suit held to comment infringement and the use of
said equipment or part is enjoined, the Seller shall, at its awn expense and at its option, either procure for the
Purchaser the right to continue ring said equipment or pans, replace the same with substantially equal but
noninGnging equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bem mpt, make an assignment for he benefit of creditors, apPsinf a
receiver or trustee for any of the Sellers property or business, this order may Ibn ovith he canceled by the
Purclumor without liability.
16. GOVERNING LAW.
The definitions of terms used or the interpretation ofthe agreement and the rights of all panics hereunder shall be
conned under and governed by the laws of the State ofCulomdo, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Representative(.), oa hememiss.fathers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's awn risk until the same is fully completed and accepted, and shall,
in se of my accident, destruction or injury to the work andlor materials before Settees final completion and
acceptance, complete the work in Seller's own expense and to the satisfaction of the Purchaser. When materials
and equipment are famished by others for imorllmian or erection by the Seller, the Seller shall receive, unload,
store and handle some at the site and become responsible there6r as though such materials maker equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his awn expense, provide for Ile payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
andcan to their dependents in accordance with the laws of the state in which the work is ten be, done. The Seller
shall also carry comprehensive general liability including, but not limited to, commented and automobile public
liability immmnce —ff ba ily injury end death limits of m It., S3IXI,000 far any at person, 550,Wo tar any
me accident and Tommy damage limit per accident of S400,000. The Seller shall likewise require his
ears, if any, to provide for such compression and insurance. Before any of the Sellers or his contractors
employees skull do my work upon be premises of omens, the Seller shall famish the Pmchutt win a cenifncate
that such mmperemon and iroure act have been provided. Such cmifcams shall specify the dam when such
compensation and innmearm have been provided. Such certificates shall specify the dale when such compensation
and occurrence expires. The Seller stores that such compensation and inurunce shall ho maintained trail after the
moire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes me entire responibilay and liability, for any and all dmmage, loss or injury of any kind
or mount whatsoever to person or property caused by or trading fmm me execution of the work provided fen in
this purchase order or in mountains heorwim. The Seller will indemnify and hold harmless the Purchaser and any
r all of the Purchasers officers, agents and employees firm and minims, any and ell claims, lase, &oral
clamors or expenses, whether direct or homer. and whether to persons or propcny to which the Purchaser may
be put or subject by eason of any act, action, neglact, omission or default on the pan of the Sella, any of his
contractors, or any of me Sellers or contractors officers, agents or employees. In cost any suit of other
proceedings shall ho brought against the Purchaser, or its affirm, agents or employees at any time on account or
by cousin of any acr, action, neglen, omission or default of the Sella of any of his consumers or any of its or
mein office., agents or employees on ahreszid, to Seller hereby agrees to assume the defame thereof and to
defend the some at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses,
any and all judgments that may he incurred by or obtained against the Purchaser or any of its or their officers.
agents m employees in such suits or offer proceedings, and in case judgment ar offer lien bet placed upon or
obtained summer the property of the Purchases, or said ponies in or as a result of such suits or other proceedings,
the Seiler will at core cause the same to he dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety precaution, famish and install all guar& nmesmry for the prevention of
accidents, comply with all laws and regulation with regard to safety including, but without limitation, the
Occupational Safry all Health Act of 1970 and all rules and aegulation issued pursuant thereto.
Revised 07n014