HomeMy WebLinkAbout102136 KORBY LANDSCAPING LLC - PURCHASE ORDER - 9147491Fort Collins
Date: 12/18/2014
Vendor: 102136
KORBY LANDSCAPING LLC
ATTN: STEVE L KORBY
2406 E COUNTY RD #60
WELLINGTON CO 80549
PURCHASE ORDER
PO Number Page
9147491 1o1`2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: ENGINEERING DIVISION
CITY OF FORT COLLINS
281 N COLLEGE AVE
FORT COLLINS CO 80521
Delivery Date: 12/18/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
I Pedestrian Plan & ADA
WO #1-KOR400903700-14
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.com
1 LOT LS
Total
Pay terms net 30 days
Invoice Address:
12,431.25
.25
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
1. COlM1ERCIALDETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from sure and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry M-6000582 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sutures 1923. Chapter 39-26. 114 (a).
Goods Rejected. GOODS REJECTED due,. failure m mace specifications, either who shipped or doe to defects of
damage in transit, may be rebound to you for credit and ere nor to be raptured except upon receipt of wrimm
mmbei... From the City of Fon Collins.
Inspection. GOODS arc subject to the City ofFort Collins inspection an arrival.
Final Acceptance. Receipt of the merchandise, services or equipment in reapege to this order can
result in
announced payment on the part of the City of Fort Collins. However, it is to h understood NatFINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection pmceduew.
Freight Terms. Shipments must be F.O.B., City of Fort Collins, 20) Wood St, Fort Collins, CO 80522, unless
otherwise spaified ou Nis order. If permission is given to prepay freight and chm m separately, the original freight
bill must accompany invoice. Additional charges far packing will at be aecmted
Shipment Distance. Where munufacmrers have distributing points in no. pans of the outury, shipment is
expecad from the nearest distribution paint in destination, and excess freight will be deducted gram Invoice when
shipments are made from greater distance.
Permits. Seller shall procure at sellers sale cost all necessary permits, certifiesses wad I.e. required by all
applicable laws, regulations, ordinances and roles of the sale, municipality, remrary or political subdivision where
the work is performed, or required by my other duly committed public authority basing jurirdinim over the work
of vendm. Seller forger agrees in hold the City of To" Collins homeless firm and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, onances, roles
and Mfegmiremmn.
Authorization. All parties to this contract agree that the represenaives arc, in fact, bona fide and posses full and
complete authority to bind said pcties.
LIMITATION OF TERMS. This Purchase Order expressly limits ttceptmce to fire lema and conditions sexual
herein set ford nod my supplementary or additional tams and conditions annexed hoer. or inns posted herein by
micrmtt. Any additional or dift rent mars and conditions proposed by seller are objected to and hereby rejared.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your
promised delivery data as noted. Time is of the asseme. Delivery and perfortnmce must be effected within the time
stated on the pumhase order and the documents marched hereto. No nets of the Purchaser, including, wrM1out
limitation, acceptance officinal late deliveries, shall operate as a waiver of this prosision. In the event ofaoy delay,
Ne Producer shall have, in addition to the, legal and aryiuble remedies, the optim of placing this oNer elsewhee
and holding the Seller liable for damages. However, the Seller shall not be liable for damages u a result of delays
due to woos not,wsowbly foreseeable which are beyond as ...able cant.] and without its fault ofneglhi,m e,
such acts of God, acts of civil or military sentient.. Rmvemmmail priorities, fires, strikes. Faced, 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 Post received knowledge thereof In the event of my such delay, the data of delivery shall be
extended for the period equal to the time actually lost by reason ogee delay.
3. WARRANTY.
The Seller wamna unit all good, articles, mdeoah and work snamssd by Nis order will mofmm with applicable
drawings, specificatiog, samples maker other deserip rew given. will od fit for the pueosrs intended, and
performed with the highest degree of more and competence in azcoNance with accepted stmdrds for work of a
similar nave. The Seller agrees m hold the purchaser harmless from my 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
geod, without cost u the purchaser, any defects or faults arising within one (1) year or within such longer period of
time m may be prauribal by law or by the tears of my applicable warranty provided by the Seller after die date of
acceptance of the goods famished heetuder (acceptance not to be umeuoably delayed), resulting from imperfect
or deg Live work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall amr
constitute a waiver of my claim When this wananry. Except u wherwive Provided in Nis Pmahase order, the Sellers
liability hereunder shall extend an all damages pmximaely caused by the breach of any of flue foregoing warranties
or gmmntes, but such liability shall in no went include loss of profia 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 an legal arms by avid en change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make my changes to the terms, other tan legal terms, including addiliog to or deleting fmm
the quantities originally ordered or the apecificatiag or drawings, by verbal or women change order. If my such
change offer. the amoum due or the time of performance hereunder, na equitable adjustment shall he made.
6. TERMINATIONS.
The Pumhaser may at any time by written change order, terminate this agreement is to any or all potions of the
good then not shipped, subject to any equitable adjustment between the panics as to any work or materials than in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the goods mdmo, work, for incidental or eagequemial damages, and chat m such adjnsunent be made in
favor of the Seller with respect m my goad which are the Sella amended stock. No such termination shall relieve
fire Purchaser or the Seiler of my oftheir obligations m to any Russia delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be assemed within thirty (30) days from the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller co naaa than all good sold hereunder shall have Scan produced sold, delivered aM famished in strict
compliance with all applicable laws and regulations to which that goods are subject The Seiler shall execute and
deliver such documents g may W required to effect or evidence compliance. All lows and regulmioo required m be
coryomted in agreements of this diameter are hereby incoryamled herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all casts and damages suffered by the Purchaser m a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the
prior tanner congeal of the curer party.
10, TrfLE.
The Seller wamana full, clear and maws rie ed title m the Purchaser for all equipment, materials, and items famished
in performance of this agreement Gee and clear of my and all liens, restrictions, reservations, security interest
encumbrances and claims ofothers.
I I. NONWANER.
Failure of the Purchaser to insist upon strict Performance of the terms and conditions hereof, failure or delay to
exercise any rights or emedies provided herein or by law, failure to promptly notify the Sella in the event of a
breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of
any of the wammties or obligations of Its purchase made, aM shall nm be domed a waiver of any right of the
purchaser 0 iasist upon strict performance heteofor any of us rights or tamNies as in my such good, regardless
of when shipped, received or accepted, as to any prior or subsequent default loseunde, nor shall my puryoned
oral modification cr rescission of this purchau order by the Purchaser operate as a waiver of any of the terms
hereof.
12, ASSIGNMENT OF ANTITRUST CLAIMS.
Sella and Ne Purchaser recognise that in actual economic practice, o ercbatges resulting from antitrust
violations are in fan home by the Purchaser. Theretofore, for good races, and as camidemuon for executing this
purchase order, flue Seller hereby anigre to the Purchases my and all claims it may now have or hereafter
acquired under fedeml in sate antitrust laws for such overcharges relating to the pmicular good or semces
purchased or acquired by the Purchaser pursumf to this purchase orda.
13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifilm Purchaser directs the Seller to coned nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller damoder indicates its inability or unwillingness to comply, the Purchaser
may cause the work to In, performed by the most expeditions mean available to it and me Seller shall pay all
cons us.ciated with such work.
The Seller shall release the Purchaser and is contractors of any tiff from all liability and claims of my assume
resulting from the performance ofsuch work.
This release shall apply even in the event of fault of negligence of the parry released and shall extend in the
direcmars, ofrcars and employees farch party.
The Sellels contmnual obligating, including ..my, shall at be deemed to be reduced. in any way, because
such work is performed or mused to be Performed by the Purchaser.
14. PATENTS.
Whenever the Sella is required to use my design, device, mammal or process covered by lever, panics, trademark
or copyright, the Sella shall indemnify and save harmless me Purchaser from any and all claims fir Infringement
by re of the use of such pmmmed design, device, material or process in connection with the comma, and
shall indemnify the Purchaser for any cost, expense or damage which it my be obliged to pay by reason of such
infringement at my time during Fire pmsnumion or alter the completion of the work. In cos, said equipment, or
any pan thereof or the intended use of the good, is in such suit held to constimts infdngement and the use of
said equipment or part is enjoined, the Sella shall, at its own expense and at its option, either procure for the
Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but
...infringing equipmem, or modify it m it becomes ..main,. .
15. INSOLVENCY.
If the Seller shall become insolvent or bankmpt make an assignment for fire benefit of creditors, appoint a
receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions oftems until or the imeryreurion of the agreement road the rights of all pmies hereunder shall be
consumed under and Roomed by the laws of fire State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereander,
including the services of Sellers Represenative(s), on the premises afothers.
17. SELLERS RESPONSIBILITY.
The Sella shall cart, on said work at Sellers own risk until the same is fully completed aod accepted, and shall,
in Gone of any accident, destruction at injury, to the work and/or materials before Sellers final completion and
aeceptance, complete the work at Sellers own expense and an the imbrication of the Purchaser. When maenals
and equipment ere famished by most for installation or section by the Seller, the Seller shall aanlve, unlgC,
store and harWle same et the site and become responsible therefor u though such materials trader equipment
were being famished by the Seller under the under.
18. INSURANCE.
The Seller shall. a his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
aodror to their depeutmts in accordance with the laws of the some in which the work is to Ee done. The Seller
shall also cony comprehensive general liability including, but not limited to, coneadual and automobile public
liability announce with bodily injury, and death limits of m least S300,000 for any one Anson, $500,0e0 for my
mident coed property damage limit per accidem of S400,000. The Seller shall likewise require Na
containers, irony, to provide for such compensation and insurance. Before my argue Sellers ar his contactors
employees such do any work upon the premises crashers, the Seller shall furnish the Purchaser with a certificate
that such compensation and insurance have been provided. Such retina", shall specify the dale when such
compensation and insurance have been provided. Such cerlficates shall specify the date when such compensation
and common, acq irts. The Seller agrees that such compensation and ioumnce shall be mainained m111-ft" the
entire work is completed and accepted.
19, PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby usumes the entire aesporeflubry and liability for any and all damagq lass or injury ofany kind
or nature whatsoever to persons or property caused by or resulting from the execution ofNe work provided fear in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
r all of the Purchasers officers, agents and employees from and against my and all claims, lasses, damages,
charges or expenses, whether direct or indirect, and whether to perfom or property to which the Purclo wr may
be put or subject by «aan of my as, action, neglect, omission or default on the pan of me Seller, any of his
contractors, or my of no Sellers or contracors arrears, agents or employees. In cue any suit or other
proceedings shall Is, brought against the Purchaser, or its officers, agents or employees at my time W mrount or
by reawn of any act, moon, neglect, omission or default of the Sella of my of bus contractors or my of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees as assume rare defense thereof and f
defend the same at the Sellers own expense, to pay any and all costs, charges, atemrys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property of the Purchaser, or said parties in or m a result of such sum or other proceedings,
For Seller will at once cause the same an be dissolved and discharged by giving bond on, otherwise. The Seller and
his comwnors shall sake all safety paxauriog, famish and igall all grand necessary for me prevention of
mcidems, comply with all lots pall regulations with regard as safety including, but without limiatioq the
Occupancies] Safety and Health Act of 1970 and all roles and regulations issued Forward thefefo.
Revised 02Q014