HomeMy WebLinkAbout102136 KORBY LANDSCAPING LLC - PURCHASE ORDER - 9150329Fort Collins
Date: 01/14/2015
Vendor: 102136
KORBY LANDSCAPING LLC
ATTN: STEVE L KORBY
2406 E COUNTY RD #60
WELLINGTON CO 80549
PURCHASE ORDER PO Number Page
9150329 tofz
This number must appear
on all invoices, packing
sli s and labels.
Ship To: TRANSFORT BUS FACILITY
CITY OF FORT COLLINS
6570 FORTNER ROAD
CITY OF FORT COLLINS CO 8052
Delivery Date: 01/14/2015 Buver: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
t 2015 Blanket P.O. 1 LOT LS
Transfort Facility Landscaping
PER TERMS AND CONDITIONS OF BID 7641
THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS
AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR.
DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE
TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES.
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@fogov.00m
78,360.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Page 2 of 2
L COMMERCIAL DETAILS.
Tax exemptions. By same the City of Fan Collins is exempt fmm state aed local taxes. Our Exemption Number is
98-pol Federal Excise Tax Exemption Certificate of Registry M-60(i unregistered with an, Collector of
Internal Revenue, Denver, Colmado (Ref. Colorado Revised Sumter 1973. Chapter 39-26, 114 (a).
Good Rejected. GOODS REJECTED due an failure to meet specifications, either when shipped or due m defats of
damage in transit. may h retuned at you for credit and are not to be replaced except upon receipt of writer,
instructions them a, City of Tom Collins.
Inspection. GOODS are subject o are City of Fort Collins Imitation an arrival.
Final Acceptance. Receipt of fe mucM1andise sinvims or equipment in response to this order can result in
authorized Payment en the Imt of the City of FAA Collins. However, it is to be understood thatFINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight Terms. Shipments must be F O.D., City of Fort Collins, 700 Weed St, pan Collins, CO 80522, unless
otherwise specified on this order. If pemtission is given to prepay freight and charge separately, the original freight
bill most accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. "ere manufacturers have distributing paints in various parts of the country, shipment is
expected from dre nearest ki ibution point to destination, and excess freight will be deducted fmm Invoice when
shipments are made from greater do..
Permits. Seller shall procure at sellers sole cost all necessary permits, carrimma and licenses mxlui d by all
applicable laws, regulations, aMwxam,, and mles ofthe state, municipality, urtitory or political subdivision where
am work is performed, or required by my other duly comtimted public authority having] irisdiction over am wed
of version. Seller further agrees An Mid the City of Fort Collins hmmleas fmm and against all liability anal loss
incurred by them by reason of An asserted or established violation of any such laws, regulations, mdmaners, miss
And requirements.
Authorization. All parties to this contract agree that the minewmuttives are, in fan, Mna fide and possess full and
omplene molowity ro bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits ave,m ee to the learn and conditions stated
herein sr, forth and Any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional err dift'erem terms and conditions proposed by seller are objected to and hereby, rejected.
3. DELIVERY.
PLEASE: ADVISE PURCHASING AGENT immediately try.. ...net make complete shipment to was, on your
promised delivery date As noted. Time is Aram essence. Delivery and performance must be effnded within the time
sawed on the purchase order and the documents mucbed hereto. No act of the Purchasers including, without
limitation, acceptance of Partial late deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Purchatt shall have, in addition to star legal and equitable remedies, the option ofplasing this mda elsewhere
.it holding am Seller liable for damages. H.,a, the Sella shall not be liable for damages As a —.11 of delays
due to muses not reasonably f able which Am beyond its reasonable council and without its fault of negligence,
such As. fGM. acks afciAl or military authorities, govemm.tal priorities, fares, strikes, Rood, epidmtics, wars or
riots provided drat entice of the conditions musing such delay is given to the Purchaser within five (5) days of the
time when am Seller fen received knowledge decal. In the dent of my such delay, the date of delivery shill be
ext.ded for am period equal to the time Actudly last by renown of the delay.
3. WARRANTY.
The Sella warmnls that all good, aniclea, materials and work covered by this order will conform with applicable
drawings, specifications, samples WeVor other descriptions given, will be fit for the purposes intended, and
Performed with the highest degree of core and comparat in accordance with accepted standard for work of a
similar mount. The Sella agrees to hold the pumhaser harmless from any 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
gird, without cost to the purchase, any defects or hands arising within one (1) year or within such longer period of
Law as may be prescribed by law or by the terms story applicable warranty provided by the Seller after the date of
acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials famished by the Seller, Acceptance or eve of goads by the Purchaser shall not
onstimte a waiver of any claim order far warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend m all damages pro,
or guarantees, but such liability shill in no event fir
OR MERCHANTABILITY OR OF FITNESS FOR
4. CHANGES IN LEGAL TERh15.
The Purchaser may make changes to legal team by wrien change order
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make say changes to are team, other than legal terms. including additions m or deletions fmm
the gmntitis originally ordered in the specifications in drawings, by stand or women change order. If any such
change affects the Amount due or the time ofperfomunce hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchatt may At any time by written change order, terminate this agrcemem As to any or ell protons of the
good then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in
progress provided that the I'mehaser shill nut be liable for any claims for anticipated profits on he unmrnarded
potion of the goods and/or work, for incidaml or consequential damages and that no such adjustment be made in
fawn of the Seller with respect to any goads which are the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller of any oftheir obligations As to any good delivered hereunder.
1. CLAIMS FOR ADJUSTMENT.
Any claim for Adjustment most be aasmed within thirty (30) days from am date the change or twornadion is
ordered.
8. COMPLIANCE. WITH LAW.
The Sella warrants that ill good sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all Applicable laws and regulations to which the good are subject. The Sella shall execute and
dliva such documents As may be required to effect or evidence complimnce. All laws and regulations required to be
incorporated in agreements of this charter are hereby incorporated herein by this reference. The Sella agrees to
indemnify and hold dre Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, fornsfm or convey this order, or my monies due or to name due heremder without am
prior written comet ofae other party.
10. TITLE,
The Seller warrants full, clear and communist title to the Purchaser for all equipment, materials, and items furnished
in performance of this agreement, free And clear of any and All liens, restrictions, reservations, saway interest
encumbrances and claims of others.
11. NONWAIVER.
Failure orate Purchaser An insist upon strict performance of the term and.nditions haeoL failure or delay m
execame my rights or remedies provided herein or by law, failure W Promptly worry the Seller in the event Ara
breach, do acceptance Arm payment for goods hereunder or approval Aram design, shall not release the Seller of
any of the wvnanties An obligations of this purchase order and shell rat be deemed a waiver of Any right of are
purchaser to insist two strict performance bereofor any of its rights or remedies as to any such good, regardless
of when shipped, received or Accepted, as An any prior or subsequent default hereunder, nor shall any purported
oral modifimlion or rescission of this purchase miler by am Purchaser opearm As A waiver of my of the umss
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Sella and the Pumhmer tantrum and in actual a is practice, overcharges resulting far. antitrust
violations are in fact home by the Pmchmer. Theretofore, forgoodcause and as consideration for executing this
pmcM1me Ada. the Seller hereby assigns to am Purchaser any and all claims it may now have or hereafter
acquired under federal or state mount laws for such overcharges miming to the particular good or services
purchased or acquired by the Purchaser pursuant to this pumhase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser direct the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Pumhastt
may muse the work to be performed by the oast expeddiam means available W it, and a, Seller shall pay all
costs associated with such work.
The Seller shall mleme the Parchment and its contractors of any net from all liability and claims of any ramre
resulting form the performance of such work.
This release shall apply even in the evem of fauh of negligence of the party releud and shill extend to the
dimctors, officers and employees of such parry.
The Sellers contractual obligations, including warranty, shall nor be dermed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14, PAT 'EN'IS.
Whcncvutire Sella is mquhed m use any design, device. material or paw as covered by lever, patent, trademad
ropyrighL the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, material or process in connection with the contract, and
shall indemnify, the Purchaser for any cost, expense or damage which it may be obliged m 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 intended use of the goad, is in such suit held to constitute management and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, eifer procure for the
Purchaser the right to continue using said equipment or pans, replace are mute with mdomtislly equal but
noninfringing equipment, or modify it so it becomes Anninfringing.
15. INSOLVENCY.
If the Seller shall became insolvent or b retain , make An Assignment for the benefit of creditors, mount a
receiver or tru me far Any of the Sellers property on busimss, this order nay foMwith be canceled by the
purchnsser without liability.
16. GOVERNING LAW.
The definitions nftemu aced err the interpretation Aram agreement and the rights of all ponies hereunder shall be
condoned under and governed by the laws of the Sate of Colorado, USA.
The following Additional Conditions apply only in cases where the Sella is to perform work hereunder,
including the services of Sellers Repreuatative(s), on the premises ofothers.
Il. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall,
in u of any accident, destruction err injury to the work aA&., mmmals before Sellers final completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials
and equipment art famished by whets for irsta. ion or erection by the Sella, the Seller shall receive, mdood
store and handle same at the site and become responsible therefor as though such materials amVw equipment
were being famished by the Seller under dre order.
18. INSURANCE.
The Seller shall, et his own caps., provide for the paMan of workers compensation, including eveupational
disease bereft, to its employers employed on m in connenion with the wod covered by this purchase order,
WdPor to their dependrnts in accordance with the nes of the sure in which the work is to be done. The Sella
shall Alm carry comprehensive mand liability including. but rent limited An. contracted and automobile public
limbility imarvme with bodily injury and daN limits of At m. Sma,000 for any one person. S500o00 for Any
are .ident and property damage limit per accident of $400,000. The Sella shill likewise ra moo his
contractors, if any. to provide for such compensation and insumnce. Before any of the Sellers or his commuters
employees shall do any work upon the premises trotters, the Seller shall famish the Purehaser with a certificate
that such compensation and insurance have been provided. Such swificates shall specify the rate whin such
compensation and insurance have ban provided. Such cmifimms shall specify the date what such compensation
and insurance expires. The Seller agrees that such compensation and insumnce shall be maintained until after the
.tire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sel let hereby assumes the entire responsibility and liability for any end all damage. loss or injury army kind
or nature whatsmver to persons or property mnced by or resulting from the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold hornless the Punhaser and any
cr all of the purchasers officers, agent and employees wen and Awards my and all claims, losses, damages,
harges or expcmea, whether direct or indirect, and whether to persom or property to which the purchaser may
be, pm or subject by reason of any act, action, neglect, omission or default on the pan of the Sella, any of his
contrannrs, or Any of am Sellers or cenuators officers, agents m employees. In case any suit on other
proceedings shall be brought against the Purchaser, or it officers, agents or employees at my time m Account or
by reason of Any Act. Action, rwda, omission or dfault of am Seller of Any of his .... ar Any of its or
their effects. Agems or employees as aforesaid the Seller hereby agrees to assume the defense thereof and in
defend the state At the Sellers own expense, a pay my And all costs, charges, aromeyx fees and other expenses,
my and all judgments that may be manned by or obtained against the Purchaser m my of its or their officers,
Agents or employees in such suits or other proceedings, and in rase judgment or other lien be placed upon or
obtained againsr the property At Purchaser, or said parties in or as a result ofsuch suit or other proceedings,
the Seller will at once muse the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety pramions, famish and install all guards necessary for the prevention of
Accident, comply with all laws and regulations with regard to safety including, bur without limitation, the
Occupational Safety and Health Act of 1970 and all cries and regulations issued pursuant thado.
Revised 07R014