HomeMy WebLinkAbout102136 KORBY LANDSCAPING LLC - PURCHASE ORDER - 9142625 (2)Fort Collins
Date: 12/04/2014
Vendor: 102136
KORBY LANDSCAPING LLC
ATTN: STEVE L KORBY
2406 E COUNTY RD #60
WELLINGTON CO 80549
PURCHASE ORDER
PO Number Page
9142625 1o12
This number must appear
on all invoices, packing
slips and labels.
Ship To: OPERATIONS SERVICES
CITY OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS CO 80521
Delivery Date: 05/08/2014 Buver: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
2 Addendum 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.mm
1 LOT EA
4,553.83
Total
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Tetras and Conditions
Page 2 of 2
1. COMMERCIALDETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
98-0,1502. Federal Excise Tax Exemption Cenificme of Registry 84-6000589 is registered with the Collector of
Intertal Revenue, Denver, Colorado (Rd. Colorado Revised Smears 1973, Chapter 39-26, 114 (a).
Good Rejmted. GOODS REJECTED due to failure to meet specifications, either when shipped or due a defem of
damage an uaasi, may be mounted to you for edit and are not to be replaced exeept upon receipt of written
instructions from the City of Fort Collins.
Inspection. GOODS are subject to the City of Fon Collins inspection on arrival.
Final Acceptance. Receipt of the merchandise, smices or equipment in response to this order can result in
autleri ed payment on Me For, of the City of Fort Collins. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon comple is ofall applicable inquired ittspation procedures.
Freight Teems. Shipments mesa be RO ,, City of Fon Collins, 700 Wood St, Fair Collins, CO 80522, unless
Otherwise Specified on this Coda Ifpeemlssion is given to prepay Geght end charge separately, the original freight
bill must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in us pans of the camtry, shipment is
expected from the nearest distribution point to destination. and excess freight will be deducted from Invoice when
shipments art made from greater furnace.
Permits. Sella shall procure at silm sole cost all nxassary permits, cefificaes and licenses acquired by all
applicable laws, regulations, ordinances and rules of the state, municipality, temtary or Political subdivision where
the work is performed. Or required by any other duly constituted public uniform, having jurisdiction over Me work
of vendor. Seller funMr, agrees an hold the City of Fort Collins harmless from and against all liability and loss
andincurred by them by reason of art asserted or established violation of any such laws, regulations, ordinances, roles
requirements.
Authoraranon. All panties to this contract agree that the upmenwives are N fact, boar fWe and possess full and
wmplem amhonry to bind said parties.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the lams and conditions stated
herein set tomb and any supplementary or additional teams and conditions annexed hereto or incorporated herein by
refrence. Any nddltioasl or different terns and conditions proposed by aellaam objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cammt make complete shipment to arrive an your
promised delivery date as need. Time is tribe essence. Delivery and pfific c must be eReaed within the time
stated on Me purchase order and de documents marched Senior No acts of the Purchasers indudin& without
limited., acceptance of partial late deliveries, stall operate as is waiver ofthis provision. In the ever of any delay,
the Purchaser shall have, in addition to offer legal and equitable remedies, the option of placing this offer elsewhem
and holding the Seller liable loaf damages. Howeveq the Seller shall not be liable fin damages as a result of delays
due to causes rim eas tobly foreseeable which arc beyond its reasonable control and without its fact, ofin,li' n x,
such as of God, acts ofervil or military indurnim, go,co m and priorities, fires, strikes, hood, epidemics, wars or
riots provided that notice of the conditions musing such delay is given to the Purchaser within five (5) days of the
time when the Sella firs, received knowledge Wertuf In the ever fany such delay, Me date of delivery shall be
extruded for the period alml to the time morally for by reason ofthe delay.
3. WARRANTY,
The Seller warrants that all good, articles, materiak and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions Given, will be Et for the purposes intended, end
prrfoamcd with the highest degree of arc and competence in accordance with accepted l eodrd for work of n
similar mature. The Sella agents to hold the pandsscr hoamlria from any loss, damage or expense which the
PtmM1+ ^may suffer or incur as account of Me Sellers breach of warrmry. The Seller shall eeplme, repair or make
good, withoul cost to the purchaser, my defects m fouls ansing within one (1) year or within such longer pmod of
time as may be presented by law or by the arms ofany aWlimble wureanty provided by Me Seller after the date of
acceptance of the goads famished hereunder (accepance not to Ise unreasonably delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not
vacation, a waiver of any claim under this warranty. Except as otherwise provided in ,his purchase order, the Sellers
liability hereunder shall extend to al I damages proximately caused by the breach of any of Me foregoing wanamles
or promises, bat such liability shall in an recor include loss of Forms or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
a. CHANGES IN LEGAL TERMS.
The purchaser may make changes to legal more by wnnim change order.
5. CHANGES IN COMMERCIAL TERMS.
The Pumbma may make any changes m the terms, other than legal terms, including nddi,ions to or deletions from
the ammities originally ordered in the specifications or drawings, by verbal or written change order. If any such
change aRerm the amount due or the time of tafoemmce hmeunda, an annotate adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by wdmen change aide'. muniNte this agreement as as my is, ell poniom of Me
good then not shipper, subject to any cquiable adjustment between the pares as no any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated prefix on the uncompleted
purtim of the goods nndtor work, far incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respeat to any goods which are Me Sellers standard stock. No such termination shall relieve
Me Purcbamf or Me Seller ofany of their, mli,edicas as to any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thin (30) days Item the date Me change or termination u
ordered.
8. COMPLIANCE. WITH LAW.
The Seller warrants that all good sold hemmder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and
ddrva srich docmens as may be acquired an effect or evidence compliance. All laws and regulatiom required,. be
utcoryomted in agreement of this character are hereby incorporated burin by this reference. The Sella agrees in
indemnfy and hold the Purchaser hatless from all ands and damages suffcsed by the Purchaser as a melt of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither pray shall assign, aarafer, or convey this order, or my monies due or to become due hereunder without fie
price written consent ofthe other party.
10, TTFLE.
The Sella wasi full, clear and mamlrised title an the Franchsstt fur all sgequirear, mmmels, and in. fumulted
in performance of this agreement firs and clear of my and all Iiens, restrictions, reservations, scnuiry interest
encumbrances and claims ofothers.
I L NON WAIVER.
Failure of the Purchaser to must upon srrict performance of the terms and conditions hereof, failure or delay to
exercise any rights or remedies provided hew or by law, failure to promptly notify the Sella in Me event of a
breach, the acceptance oft paymed for goods beream er or approval mWe design, shall not release the Sella of
any of Me semantics or obligations of this purchase order and shall not be domed a waiver of my right of the
purchaser to itssist upon strict performmtt Instead or my of its rights or remedies ss to my such good, regardless
of whim shipped, received or accepted, as to my prior or subsequent default hereunder, nor shell my postponed
oral mad fic Lion or rescission of this purchase order by the Parebaser opemre as a waiver of any of the means
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Sella and the Purchaser rmogaix that in antral economic practice, avmhat resulting from mrirtast
violations are in fact Some by the Purchaser. Theinafore, for good muse and as consideration for executing this
purchase order, Me Sella hereby assigns to the Purchaser any and ell chains it my now have or heeeaRer
acquired under formal or stare mtiuust laws for such o fool arges retaring to Me particular good or services
purchased or required by the Purchaser paramount to this purchase order.
13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaer direcs the Sella to correct nonconforming or defective goods by a date to be agreed upon by the
Puehaur and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may cause she work to be performed by the moo expeditious means available to it, and the Seller shall pay all
wets assooned with such.mark.
The Seller sMll mlcase the Purchaser and its contractors of any net Iran all liability and claims of any were
amriing from the performance ofinch work.
This release shall apply even in the event of fault of negligence of the party mica ed and shall extend to the
dhecars, ificns and employees ofsuch party.
The Sellers command obligations, including warranty, shall Out be doted to be induced, in my way, because
such work is performed or wand to be performed by We Purchaser.
14. PATENTS.
Whenever the Seller is required to use my design, device, matennl or process covered by letter, parent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of the use of such parented design, device, material or process in connection with the contras, and
elan indemnify the Purchaser for any cost, expense or damage which it may be abliged to pay by remain of such
iniringrmem at any time during Me prosecution or after the completion ofthe work. In cam said equipment, or
my pan thereat or the intmdcd use of Ore good, is in such suit held to wreatime infringement end the use of
said equipment or pan or enjoined, the Seller shall at its own expense and at its option, either procure for the
Purchaser the right to continue using Said ryuipment or port', replace We mine with substantially egml but
noninfringing equipment, or modify it so it becomes noninfnging.
15. INSOLVENCY.
If the Seller shall become insolvent or baNwpt, make an amigmead for the benefit of credian, appoint a
receiver m vusme fie any of the Sellers protocol, or busineu, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The d,finithim off. used or the inreapMation of the agreement and the rights ofail parries hereunder shall be
construed under and governed by the laws of the State ofColomdo, USA.
The following Additional Continue. apply only in causer where the Sella is to perform work h mmundm
including the slices ol'Scllers Represenm,icask on ffe Premises of others.
17. SELLERS RESPONSIBILITY.
The Sella shall carry An said work at Sellers own ark until Me same h Faily completed and accepted, and shall,
in e of my accident, destruction or injury to We work mdla materials before Sellers final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials
and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle same ad
the site and become responsible Werefm as though such materials and/or equipment
were being famished by We Sella unda the under.
HL INSURANCE
The Sella shall, an his own expense, provide for the payment of workers compensation, including occupational
disease bens to its employees employed on or in connection with the work covered by this purchase order,
and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller
shall also carry comprehensive general liability including, bur no, limited to, commetual and automobile public
liability insurance with bodily injury and death limits of at least S300,000 for my one Texaco, $50o,000 for any
arm accident and properly damage limit per accident of Sa00,001 The Seller shall likewise fracture his
contrmmrs, if my, to provide far such compensation and insurance. Before any of We Sellers an his contractors
employees shall de, any work upon the premises of others, the Seller shop fndh the Purchaser with a adificate
that such compensation and insuemce have been provided. Such utri0mtes shall specify the date wben such
compensation and imureace have been Provided. Such ordinates shall specify the date when such compencanon
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the
entire work is ems, hied and aaceptcd.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes elm It. mspomibiliry and liability far my and all damage, lass or injury of any kind
or mere wbmeoever to Fasom on property caused by or raining f the execution ofthe work provided for in
Oris purchase order Or in correction Inexamb_ The Sella will indemnify sort hold harmless We Purchaser and wary
an all of the Parchasm otnem, agars mud employees from and against my and all claims, Items. damages,
charges or expenses, whether direct or indirect, and whether to persons or Interparty 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 my of the Sellers or contractors officers, agents or employees. In sou any suit or other
proceedings shall be brought aphatthe Purchaser, or its officers, agents or employees at any tine on account or
by reason of my act, actin, neglect. omission or default of the Sella of my of his contractors or any of is nr
Weir oRccrs, agar nr employees as aforesaid, the Sella hereby agrees to assume the der thereof and to
defend the more at the Sellers own expense, to pay any and all rests, charges, atameys fees and other expenses,
any and all judgmars that may be incurred by or obtained against the Purchaser o my of its or their officm,
agents or employees in such suits or other Proceedings, and in case judgment or other lien be placed upon car
Obtained against Me property ofthe Purchase,, or said parties in or as a result of auch suits or other proceedings,
Me Seller will at once cause the same to be dissolved and discharged by giving bond or ofervnsr. The Seller and
his contractors shall take all satiety precautions, famish and install all guard necessary for the prevention of
accidents, comply with all laws and regulations with regard to salary including, but without limitation, the
Occupational Safety and Health Act of 1970 and all cales and regulations issued pursuant thereto.
Revised 07G014