HomeMy WebLinkAbout480331 C & M GROUNDS AND GOLF EQUIPMENT - PURCHASE ORDER - 9146591Fort Collins
Date: 11/12/2014
Vendor: 480331
PURCHASE ORDER
C & M GROUNDS AND GOLF EQUIPMENT
PO BOX 20517
WACO TX 76702-0517
PO Number Page
9146591 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: PARK MAINTENANCE
CITY OF FORT COLLINS
413 S BRYAN
FORT COLLINS CO 80521
Delivery Date: 11/10/2014 Buver: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
t Redexim 1575 Turf Seeder
ref. quote dated 9/30/14
per Bruce Smith
-Model OS1575 - Redexim Charterhouse 1575 Over Seeder,
ground driven, 3" spacing
$13,500 includes freight & delivery
Dept: Parks
Contact: Greg R. or Eric
ph# 970-221-6613
"Please call 24 hours prior to delivery "
shoo hours 7:30am to 3:30Dm
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.com
1 LOT LS
13,500.00
Total $13,500.00
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 Conditions
Page 2 of 2
1. COMMERCIALDETAILS.
Tax exemptions. By stature the City of Too Collins is exempt fmm stare and local taxes. Our Exemption Number is
11. NON WAIVER.
98-04503. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
Internal Revenue, Denvea Colorado (Ref. Colorado Revised Stables 1973, Chapter 39-26, 114 (a).
exorcise any rights or remedies provided herein of by law, failure to promptly notify the Seller in the event of a
breach, the acceptance ofor payment for goods hereunder or approval ofthe deign, shall not release The Seller of
Goods Rejected. GOODS REJECTED due 1. failure to meet speeiGations, either when shipped or due to defects of
my of flue wamenti. or obligations of this purchase order and shall not be, decreed a waiver of my right of the
damage in mansit may he ravened to you fa credit and are M1 1. he "[.ad except upon receipt of women
parchaser to polar upon strict performume hereof or any of its rights of remedies as many such good, regardless
instructions fmm the Cry effort Collins.
of when shipped, rmeived or re rpted, a to any prior or subsequent default hereunder, nor shall my purported
am[ modification or rescission of this purchase order by the Purchaser operate as a waiver, of my of the torts
Inspection GOODS art subject to the City of Fon Callim instruction an radical.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response To this order can result in
12 ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pm of the City of pun Collins. However, it is to be understood that FINAL
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion of all applicable m,fired inspection procedure.
violations arc in fact home by the Purchaser. Theretofore, f great cause and m consideration for executing this
purchase order, the Seller hereby insignia to the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80533, unless
acquired under federal or state antitrust laws for such overcharge relating to the particular goods or activities
otherwise specified on this order. Upermjssion is given to prepay freight and charge separately, the original freight
purchased or exclaimed by ND Puchaser pursumt to this purebee order.
bill must accompany invoice Additional charges for packing wO1 Out he accepted.
13. PURCHASERS PERFORMANCEOF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacmms have distributing points in various parts of the country, shipment is
Ifte Purchaser dbeets the Seller to correct nonconforming or deftttive goods by a date to Its, agreed upon by the
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when
Purchaser and the Seller, and the Seller thereafter indicates its inability or mwillingnee to comply, The Purchaser
shipments are made from greater distance.
may canoe the work to be performed by the most expeditious means available to it, and the Seller shall pay all
costs ussociated with such work.
Permits. Seller shall procure at sellers sole cost all necessary permits, maifcates and license required by all
applicable laws, regulations, ordinance and rules of the state, municipally, territory or political subdivision where
The Seller shall release the Porchoon and its ...arms of any tier from all liability and claims of any na am
the work is performed, or recluirW by any other duly atsstituted public mthoriy having jurisdiction over the work
resulting from the performance of such work.
of vendor. Seller fuller agree to hold The City of Fort Collins harmless form and against all liability and loss
incurred by them by reason ofm asserted or established violation of my such laws, regulations, ordinaneas, Tales
This re[ase shall apply seat in Oam event of fault of negligence of the party Termed and shall extend to the
and requirements,
directors, often and employer of such party.
Authorization. All parties to this contract agree that the representetives arc, in fact, bona fide and possess full and
complete authority to bind said pries.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set forth and any supplemmfry or additional terms and conditions mansard hereto or incorporated herein by
reference. Any additional or difamt tarts and conditions proposed by earlier arc objected m and hereby rejected.
3. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipmenl to prove on your
promised delivery der¢ as noted. Time is of the essaa. Delivery it pent once most be efaed within the time
stated on The purchase order and the documents attached hereto. No acu of the Purchasers including. without
[indiction, acceptance of,fitud late deliveries, shall operate m a waiver ofthis provision. In the event many delay,
the Purchaser shall have, in addition m other legal and available remedies, the option ofplacing this order elsewhere
and holding the Seiler liable for damages. However, the Seller shall not be liable for damage in a result of delays
due to causes not reasonably foreseab[e which arc beyond its reasonable control teak w iffead its fault of negligence,
such acts of God, rats ofcivil or military authorities, govemmatal priorities, fires, strikes, food, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to Ore Purchaser within five (5) days of the
time what the Seller first received knowlad, thereof In the at of any such delay, the dace of delivery shall be
extended fen the period equal To the time acnally lost by amen ofthe delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, sample andror other descriptions given, will be fit for the purposes intended, and
peMrmed with the highest degree of care and competence in accordance with accepted standards for work of a
similar oalure. The Seller agree m Mid the purchaser Examines fmm my loss, damage or expense which the
Purchaser tray sutTm or incur on account of the Sellers breach ofwamnty. The Seller shal replace, repair or make
good, without cost to the purchaser, my defects or faults arising within one (1) year or within such longer period of
rime as may he prescribed by law or by The teens of my a,liable wamnry provided by The sak , after Ore due of
acceptance of the goad famished hereunder facceptance not to he umnreonably delayed), reulting fmm imperfect
or defective work done or materials famished by the Seller. Acapwme or Tree of good by The Purchaser shall not
consulate a waiver of my claim maker this warranty. Except m otherwise provided in This purchase order, the Sellers
liability hereunder shall extend to all damage proximally 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 terms by`m mchange order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser
term,
may make any changes to the means, other than legal including additi cr ns deletiofrom
the quantities originally ordered in me specifications or drawings, by verbal or written change order. If any such
change affects the amount due or the time of perfrmance barrister, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may set any time by wring change order, termimte this agrecmmt as In any or all poai.m of the
good Wen rent shipped, subject to my equitable ndjumnent herwaen the panic as an my week or materials Then in
progress provided Wes the Purchaser shall Out he liable for my claims far anticipated Profits on thte uncompleted
portion of rube goods anNor work, for incidental or arew,ammial domains, aid that M such adju orrom he made an
favor of We Seller with respect to my goods which art the Sellers sendard stock. No such termination shall reline
The Purchaser or the Suit. of any ofthm obligations as b any good delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjusmenr must be, examed within thirty (30) days Gam the date The change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warmers that all good sold hereunder shad have been produced, sold, delivered and furnished in stria
compliance with all applicable laws and regulations In which the goods art subject. The Seller shall execute and
deloa such documents as may he"iired to effect or evidence compliance. All laws and regulations fix irW robe
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as o reach of The
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall major,.amfer, m convey this order. or my monies due or to become due hereunder widared The
prior writhe coment afThe otherpvry.
IO.TITLE.
The Seller warrants full, clear and unrestricted lithe to me Purchaser for all aqujpmens, matmals, and items famished
in performance of This agreement, free and tar of my and all liens, redrictime, raenatiom, secunty interest
enctmbraoce and claims of others.
The Seller's commensal obligations, including warranty, shall not be deemed To he reduced, in my way, bmause
such work is performed or caused to b , performed by oho Purchaser.
14. PATENTS.
Whenever the Seller is required muse my design, device, malarial or process covered by letter, rated, Trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser fmm any and all claims for inGngemend
by reason of she use of such patearded design, device, material or process W connection with the comet, and
shall indemnify the Purchaser for my cast, expense or damage which it may he obligW ra pay by raven of such
infringement in any rime during the prosecution Or after she completion of the work. In eau said exuiprment or
any pan thereof or the intended use of the good, is in such suit held to a nefimte infngemenl and the use of
said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either porrom for the
Purchaser the right to tmnrin w using said equipment or pans, replace the same with substantially equal but
noninfnnging equipment, or modify it so it becomes noninlHnging.
15. INSOLVENCY.
If The Seller ahall become insolvent or I mkmpt, make an assignment for The benefit of creditors, appoint a
or apace far any of the Sellers proper, or business, this order may f.MwM he canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions ofterms must or the interpretation ofhe agreement and the rights of all partie hereunder shall be
constaed under and governed by the laws ofthe State ofColomde, USA.
The following Additional Conditions apply only W cases where the Seller is to peMrm work harmonics,
including the service of Sellem Reprexnerive(a), media premise ofoNets.
17. SELLERS RESPONSIBB.ITY.
Thu Seller shall arty on said work at Sellers own risk until she same is Polly completed and accepted, and shalt
in case of my accident destruction or injury m the work andvar mmcriak bef Sellers final completion and
acceptance, complete The work at Sellers own expense and to the satisfaction of the Purchaser. When materials
and equipment am furnished by others for instalimi.. or erection by the Seller, the Seller shall receive, .load,
store and handle same at the site and become responsible therefor as Though such materials and/or equipment
were thing flourished by the Seller under the order.
18. MSURANCE
The Sell. shall, an his own expersse, provide for the payment of warmers compansatim, including occupm ornal
disease baefits, to Its employees emplol on or In c men"IiM wed The worm covered by this Purchase, order,
mdnor to Their dependents in accordance with The laws of the sera W which the work is to he done. The Seller
shall also tarty comprehensive summit liability including, but not limited to, exntmmual and automobile public
liability insurance with Mdily injury and dram limits of at level $30fiDuet for my one person, E50at for any
one accident and property damage limit per accident of $400,000. The Seller shall likewise require his
contracts, if any, to provide for such compensation and insurance. Before my ofthe Sellers or his contractors
employees shall do are, work upon the premises of when, the Seller shall furnish the Purchaser with a temperate
That such compensation and irsumMe have been provided. Such arri ficae shall specify the date when such
ompemadion and insurance have been provided. Such anifirmus shall specify the date when such compereLion
and insurance expire. The Seller agree Nat such compemaaion and insurance shall be, moWmWed until after the
entire wok is completed and mceplW.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes The entire responsibility and liability for my and all damage, loss or injury of my kind
vlure whatsoever to Parsons or property caused by or resulting from the execution ofthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold haaml.s the Purchaser and any
or all of Ole Purchasers officers, agents and employees fmm and against my and all claims, lasses, damages,
,hark. cr expenses, schether direct or indirect and whether to penom or property to which The Purchaser may
he put or subject by ream. of my act action, capital, omission or default on the pan of the Seller, any of his
commemm or my of The Sellers or contrmmrs ofcrm, agars m emploruea In case any suit or in,
pramac ings shall he brought against the Purchaser, or its oMs., egenrs or emplayers an my fire on mrnom m
by mason of my rat action, neglect omission or default of The Seller of any of his conamctors Or my of its of
their ofars, agents or employees ns aforesaid, the Seller hereby agrees To assume the defense thereof and to
defend the same at the Seller own expense, to pay any and all costs, charge, attorneys fees and other expenses,
Tiny and all judgment that may he incurred by or obtained against the Purchaser or any of its or their ofcem,
agents or employees W such suits or other proceedings, and in eau judgment or other lien be placed upon or
obtained against the property ofthe Purchaser, or said ranixx in or as a result crunch sum or other proceedings,
she Seller will at once came tM make f he dissolved and discharged by giving hond or otherwise. The Seller and
his commebra shall eke ell afety pmcautiom, fiunish and install ell guard neeesory for the pmentim. of
accidents, comply wits all laws and regulations with regard ru safety including• hot without [inflation, the
Occupational Safety and Health Am of 1970 and all Tales and regulations issued pmmxrnl thereto.
Revised 07r?014