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Home My WebLink About480331 C & M GROUNDS AND GOLF EQUIPMENT - PURCHASE ORDER - 9144938PO PURCHASE ORDER 914493er Page City, of44938 7of2 Flirt Collins( his number must packing !I\V`I ` V �7 on all invoices, packing sli s and labels. Date: 08/26/2014 Vendor: 480331 C & M GROUNDS AND GOLF EQUIPMENT PO BOX 20517 WACO TX 76702-0517 Ship To: SOUTHRIDGE GOLF COURSE CITY OF FORT COLLINS 5750 S LEMAY AVE FORT COLLINS CO 80525 Delivery Date: 08/26/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 326070 1 LOT LS 5,375.00 Neary Workstation MIW6200980 SN-41E62001255 Total $5,375.00 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 Cond W ons Page 2 of 2 L COMMERCIAL DETAILS. I'ax exemptions. By statute the City of Fan Collins is exempt tram state and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Catificate of Registry 84-6000587 is registered with the Colleemr of Failure ofthe Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1923. Chapter 39-26, 1 T (a). exercise any rights or remedies provided herein or by law, failum to promptly notify the Seller in the event of a breach, the acceptance ofur payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejand. GOODS REJECTED due ke failure w meet specificatimax, either when shipped or due to defects of any of the warranties or obligations of this pmchau order and shall not be deemed a waiver of my right of the damage en uunsit, may be, rehe ned W you for credit arm are not . he rrplared except upon receipt of warren purchaser to insist upon stria performance hereof or my of its rights or remedies as to my such goods, regardless instructions fivm the City of Fan Collins. of when shipped, uceived at accepted, as to any prior or subsequent default bereunder, nor shall my puryoded oral modifwtion or rescission of this purchase rocket by the Purloiner operate ss a waiver of my of the terms Inspection. GOODS art subjat to the City of Fort Collins inspection on amval. hereof. Final Acceptance. Receipt of the merchandise, servicesres or equipment in ponse to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment On the pan of the City of FortCollins. However, it is to be under000d that FINAL Seller and the Purchaser recognize then in actual economic practice, overcharges resulting from mtitmst ACCEPTANCE is naturalism upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theremfore for good cause and m consideration for executing this pachow order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tanta. Shipments most be F.O.B., City of Fort Celli.,'!00 Wood M., Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. Dramatization u given to prepay freight arW charge separately, the original freight Purchased or acquired by the Purchaser pursuant so this purchase order. bill most automwnv invoice. Additional chances for narking will not be accawalf Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected foam the mama distribution point to destination, and excess freight will be fMuacd farm Invoice when ,hiwomis are inside from gredw davem a. Permits. Seller shall trmurc at sellers sale cost all necessary remains, certificates and licenses runts, by all applicable laws. regulwiora, whalwes and rules of the stare, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authrdry having jurisdiction over the work Of vurWor. Seller further agrees to hold the City of Fan Collins harmless farm and aRuireal all liability and loss incurred by them by reason of an conceded or established violation of my such lawn, regulations, wi iaaes, roles and rquinow. s. Authorization. All ponies to this contract agree that the representatives are, in fact, From fide and Possess full and complete authority to hind said parties. LIMITATION OF TERMS. This Frahm, Order expressly limits acceptance to the temps and conditions stated herein set forth end any supplementary or wedilimul terms and conditions annexed hereto or iworyomted herein by reference. Any additional or different teens and conditions poapmed by sells are objected to and hereby returned. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you rwwt make mmplem shipment to arrive na year promised delivery date as noted. Time is ofthe comme. Delivery and paformmce most be effected within the time stated on the purchase order and the documenm attached herein. No acts of the Purchasers including, witlwm limimton, acceptmnce of partial Irate delivraws, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and readable rcnmdics, the option of placing this Order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result Of delays due to causes not reasonably foreseeable which are beyond its reasonable emored and without its fault of negligence, such acts of God, acts of rivU or miltlary mehmnies, urvemmmtal priorities, fors, strikes. Rood, epidemics, wars or rions provided that notice of the condleota taming such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In ,he runt of my such delay, the date of delivery shall h extended for the period equal an rise time actually Imt by reason office delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, Specifications, samples anber .,her descriptions given, will be ❑t for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard Joe work of a iondar name. The Seller agrees m hold the purchaser harmless tram any loss, damage or expense which the Purchaser may suUa or incur on account of the Sellers breach of warranty. The Seller shall replace, repair m make good, without cost to for pitchman, any defects or faults ailing within one (1) year or within such burger Farm of time as may be prescnhed by law or by the terms of my applicable w.ty provided by the Sella after the doe of we www, of we goods fumisbed hereunder (ac<eplmtt not by be unreasonably delayedJ, resulting farm imperfect or detective work done or nu mals f fished by the Seller. Acceptance or me of goods by the Pandow, shall not otarlmte a waiver of any claim under this wamamy. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to al I damages proximataly caused by the breach or any of the foregoing wormmies or guarantees, but such liabil try shall in no event include loss ofpmfits Or loss of was, NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The FUNuses, may make changes m legal terror by wainen change order. ` 5. CHANGES M COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal moms, including additions to or delefions from the quwtities originally ordered in the specifications or drawings, by varbul or written change order. If any such change affairs the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change aide,, mtmtam his agreement . to any or ell panions of the goods then not shipped, majec, to any equitable adjustment beramom the parties as to any work or cratermix the. in progmss Provided rho the Proule— shall tart b< liable for lay claims far anticipated profits on the uncomplaad pardon under funds mat work, for incidental or comtyu... ill damage, and Jar w such adjustment ed made W favor of the Sella with respect m my good which art the Sellers stmdN mark. No such termination shall relieve ,he Purchaser w the Seller of my oftheir obligations m to any good delivered hemundw. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjusmmenl must be asserted within Barry (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Sella wemants that all goods sold hereunder dull have been produced, sold, delivered and famished in suict compliance with all applicable laws and regulations to which the good arc subject. The Seller shall execute and deliver Such documents as may be required to effect or evidence compliance. All laws and regulations required to be ncotporated in agreements of this chwwwr are hereby incorporated hemin by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all vests and damages suffered by the Purchaser as a result of the Sellers failme to comply with such raw. 9. ASSIGNMENT. Neither party shall assign, tmmfer, Or convey this order, or any monies doe err m become due hereundrr without the pnm w-rinen consort ofthe other parry. 10. TITLE. The Sella warmmes full, clear and unestr ded title to the Putchma for all equipment, materials, and items famished in performance of this agmement free and clear of any and all liens, restrictions, reservations, security interest encumbor as and clatms of.thers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifte Purchaser directs the Sella to correct nonconforming at defective good by a doe to be agreed upon by the Purchaser and the Seller, and the Seller thereafm indicates ill inability cr unwillingness to comply. the Purchaser may cause the work m be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of my aware resulting from the performom< crawl work. This muau shall apply even in the even[ of fault of negligence of red party released and shall extend to the directors, officers and employees ofsuch Emery. The Seller's contractual obligaliom, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchase. 14. PATENT S. Whenever the Seller is required to use any design, device, material or process covered by Iener, patent, mmagark or copyright, the Seller shall indemnify and save Journalists 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 comma, and shall indemnify the Purchaser for any cost, expenw or damage which it may Is, obliged to pay by crown of such infringement at my time during hie proucurion or after the completion of the work. In caw said equipment, or any pad thereof or the intended use of the gaud, is in such suit bold to continue iafngemem and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the more with substantially equal but noonfnnging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller Shall become insolvent or bankrupt, make an assignment for the benefit of credimrs, appoint a weaver or trustee far nay of the Sellers property or bminus, this Order may forthwith Ise awarded by the Purchxxw without liability. 16. GOVERNING LAW. The definitions of moms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be onstro d under and governed by the laws of the State ofColotudo, USA. The following Additional Conditions apply only in taus where the Seller is to perform work hereunder, including the services of Sellers Reprtunativide), on the premise ofothers. IZ SELLERS RESPONSIBILITY. The Sella stall carry on aid work at Sellers own risk .,it the same is fully completed and incepted, and shall, in w of any accident, destruction or injury to the work tutor materials before Sellers final completion and acceptance, complete the work at Sellers awn expense and to the satisfaction of the Purchawr. When materials and equipment are famished by others for installation or erection by the Seller the Seller sMll receive, ..load, store and handle same at the site and become responsible therefor as though such materials tempo, equipment were being fumided by the Seller under the order. .. I& INSURANCE. The Seller shall, at his own expertise, provide for the payment of workers compensation. including occupational disaw Females, m its employees employed on err in contmedwi with the work covered by Be, putchau orda, labor to their dependents in accordance with the laws of the mile in which the work is to be done. The Sella shall also carry comprehensive gracml liability fmlaling, but not limited W. wmmaual and mmmoale public liability inmmnce with burbly injury and death limits of at least $300." for any one perwn, 5500,000 for any one neetdent and property damage limit per accident of $400.000. The Seller shall likewise require his ammcads, if any, to provide f r such compensation and insurance. Before my of the Sellers or his contmdrrs employees shall do any work up.. the premises of others, the Seller shall famish the P... here, with a cenifiate that such compensation and insurance have been provided. Such ttnihcates shall specify the date when such compensation and wurance have been prosided. Such cedificaa shall specify the dam when such computation and amount expires. The Seller agrees that such compensation and insurance shall be mainained until after the afire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of my kind or nature whatsoever to persons or property caused by or resuhtng farm the execution ofthe work provided for in this purchase order err in connection herewith. The Seller will indemnify and hold Fatmles, the Proclaim, and any r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expetae, whether dicta of indireet, and whether to persons or property to which the Parchtaer may be put or subject by reason of my tut m,ion. neglect omission or detault on the pan of she Sella, my of his contractors, or my of the Sellers or contrattors Offis agents or employees. In case my suit or other wousa ings shall be brought against the Purchawr, or its oflic.. agents an employees in my time on account or by mason of any act action, neglat omission or default of the Seller of my of his rentmcmrs many of its cur their officers, agents or employ., as aforesaid, the Seller hereby agrta to assume the defense thereof and to defend the same at the Sella. own expense, m pay.ny and all casts, charges, anomeys fees and other expenses, any and all judgmenm that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or emplo ams 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 m as a result ofsuch suits or other proceedings, the Sella will at once cause the same to h dissolved and discharged by giving bond or otherwise. The Seiler and his mntraaors shall take all safety prestacco e, bunch and insult all guada necaacary for the pm'ention of accidents, comply with all laws arW regulation with mgard to afery mcludw& but without limitation, the Occupations] Safety and Health Act of 1970 and all roles and regulation issued pursumt thereto. Revised 0IR014