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HomeMy WebLinkAbout111325 TURF MASTERS LLC - PURCHASE ORDER - 3215034PO PURCHASE ORDER 321503er Page CI'h/ of PURCHASE 3215034 1012 ' `t Collins inC This number must appear V ` �7 on all invoices, packing sli s and labels. Date: 01/02/2015 Vendor: 111325 TURF MASTER LLC 3327 GIDDINGS RD FORT COLLINS CO 80524-9419 Date: 01 /02/2015 Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS CO 80524 Note: Line Description Quantity UOM Unit Price Extended Ordered Price i Signal Construction Supplies Annual 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 1,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 IT Terms and Conditions Page 2 Of 2 L COMMERCIALDETAIIS. Tax exemptions. By statute the City of Fort Collins is exempt f sate and local me. Om Exemption Number is 98-01502. Federal Excise Tax Exemption Cmificate of Registry 84-60o0587 is repeated with the Collector of Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure m meet specife Lions, either when shipped or due to defects of damage in harsh, may be national to you for credit and are not to be mplaad except upon receipt of written instructions from the City of Fort Call ins. Inspection. GOODS are subject to the City fFort Collins inspection on moral. Fiml Acceptance. Receipt of the merchandise, servicas or equipment in rapmse to this order can result in authorized paymor, as the pan of the City of Fail Callum. However, it is to be uvd tamed that FINAL ACCEPTANCE is dependent upon completion of all applicable required momentum procedures. Freight Teens. Shipments most be F.O.B., City of Fort Collins, too Wood St, Fan Collins, CO 80522, unless otherwise spmifial on this order. Upermission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be mam,taL Shipment Distance. Where manufacturers have distributing Points in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be, deducted] from Invoice when shipmenta art made from gewtar distinct. Panties. Seller shall pravre at callers sole cast all mareamry pannits, eenificata and iicama nequmd by all applicable rows, regulations, ordinance and mles of the stim, municipality, momm, or pdifical subdivision where the woh is performed, or requited by any older duly consnmted public authority fore mgjur ni iction over the work of vendor. Seller further agrees to hold the City of For Celli. hmmleas firm and against all liability and loss incurred by them by reason of On evened or established violation of any such laws, regulations, ordinances, roles and rryuiremenn. Authorization All parties to this contract agree that the reprowmative, are, in fact, bona Ede and possess full and complete authority to bind said ponies. LIMITATION OF TERMS, This PumM1nsc Order expressly limits acceptance to the terms and conditions stated herein son foal and any supplemrnmry or additional menu and conditions artmxed hereto or incorporated herein by mkounce. Any additional or different tames and maditiom proposed by aeller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and infienriania mull he effected within the time aimed on the purchase order and the documents attached hereto. No ran of the Purchasers including, without limitation, acceptance of partial late delivaim, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and atlantic remedies, the option ofplacing 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 mannombly foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, govemmrntil priorities, does, wanes, flood, epidemics, wars or roots provided that rich= of the simulation, causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge therm[ In the men, of my such delay, the data of delivery shall he extended for the period equal Or the time mtnally lost by m encen ofthe delay. 3. WARRANTY. The Sella warrants that all goods, unities, mmaids and work creveral by this order will confoam with applicable drawings, spmificanota, samples anlkm am, descuptiam given will be, fit far the purpose intended, and preformed with the highest degree of can and competence in accordance with accepted standard for work of a similar nature. The Seller agrca to hold the purchaser harmless from any her, damage or expense which the Purchaser may suffm or incur on account of the Sellers breach of warranty. The Sella shall replace, repair or make good, without cost to the pumhusem any defects or faults arising within om (1) year or within such longer period of time m may but pracribal by law or by the tams of my applicablc warranty provided by the Seller after the dare of acceptance of the goad fiunishcd hereunder (mceptmce not to be ummsonably delayed), resulting from imperfect or defettive work done m materials f uhal by hie Sella. Acceptance or use of good by the Purchosa shall not mmtimte a waives refmy claim under this.1y. Except m otherwise, Provided m thus purchae major, the Sellers liability hereunder shall extend mall damages proximately caused by the breach of my of the foregoing warmntia tar guarantees, but such liability abull io m eve. include loss of profits or lass 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 wriem change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchases may make my changes to the terms, Other than legal union, including additions to or deletions fmm the quantities originally ordered in the specificammi or drawings, by verbal or written change order. If any such changeaffmn the amount it. or the time ofpalarmaace hereunder, an equitable ad firm m shall be made. 6. TERMINATIONS. The Purchaser may at any time by wn e t change order, narrunine this aparem t as to any or all poidess of the goods then nor shipped, subject to my equitable adjustment between the panic as to my work or malcriab then in progress providal slut the Purchaser shall not be liable for my claims for anticipated pmfia on the uncompleted portion of hie good anlkor work, for incidental or camequential damages, and Out no such enjoyment be, made in favor of the Seller with repent w my good which are the Sellers standard stock. No such termination shall relieve ,he Purchaser in the Sella of any ofthci, mligatimns as to any good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim foe adjustment must be, assend within thirty (30) days filter the dam the change tar termination is ordered. B. COMPLIANCE WITH LAW. The Sella warrants that all good sold histamine shdl have been produced sold, delive teed and huddled in strict compliance with ell applicable laws and regulations to which the good are subject The Seller shall execute sort deliver such documents ex may be rox, ircd to effect or evidence compliance. All laws and regulations required to Ix incorporated in agreements of Nis character are hereby incolpomted herein by this reference. The Sella agrees m indemniy and hold the Purchaser harralas from all costs and damages suffered by the Purchaser as a result of she Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, tmasfee. in convey this oral, or any monica due or m become elm hereunder without the prior wrirm mamt of the other party. 10. TITLE. Thc Seller wmrants fill, clam and unicameral title an pis Poubsser fen all aryimum , mmcrials, and itmu famished in perfomance of this ii,eernem free and clear of any anal all liens, fmfrictions. — ions, security momm, enctimbrmcessod claims of others. 11. NONWAIVER. Failure of the Purchaser to insist upon vain performance of the it. and conditions hereof, failure m delay m any rights or nalues provided herein or by law, faihue to promptly aneufy the Seller m the event of a breach, m the acceptance ofor pvyment for goods hem rrder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be damed a waiver of any right of the purchaser to insist upon shin performance hereof or any of its rights or remMies as to any such goads, regardless of when shipped, received or accepted, m to any prior or subsequent default hereunder, nor shall my imported oral modification or rescission of this purchase order by the purchaser operate as a waiver of my of the It. hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchases recognize that in actual ec uric pmcuce, overcharges resulting Gann antim rat violations are in fact home by the Purchaser. Theretafort,nfor good cause and as consideration for creating this purchase order, the Sella hereby assigns m the Puahasm my and all claims it may now have or haeafter acquired under federal or some antitrust laws for such overcharges relating to the paniwlar goods or services pumhmed or acquired by the Purchaser'no., to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming of defective goods by a date to be, agreed upon by the Pumhasa and the Sella, and the Sella tlurtaRa indicate its inability or unwillingness to comply, the Purchaser may cause the woh in he performed by the most expeditious means available to it, and the Sella shall pay all man resmcuted with such work The Sella shall release the Purchaser and its m i.e. of may sea from all liability and claims of my return resulting from thc perfaarne. ofsuch wank. This relame shall apply even in the event of fault of negligence of the Patty released and shall extend to the direUors, ofivera and employees ofsuch pray. The Seller's contractual obligations, including warranty, shall act be deemal to be, reduced, in my way, because such work is performed or caused to he performal by the Purchaser. M. PATENTS. MTenever the Sella is required to use my design, device, material or process covered by letter, patent tredenark copyright, the Sella shall indemnify and save harmless the Purchase form my and all claims for mfringarrcnt by remain of the use of such patented design, device, amount in process in extraction with the matr act, and shall indemnify the Purchmer for my cast experue or damage which it may he obliged to pay by reason of men infringement at any time during hie proletarian in after the temple icn of the work. In case said equipment, or my pan thereof or the intended use of the good, is in such suit held to anotimr, infringement and the use of said equipment at pan is criminal, the Sella shall, at its awn expense and at its option, either procure for the Purchaser the right to continue using said equipment or pens, replace the same with substantially equal but noninfringing equipment, or modify it w it hansom noninf-Ong. 15. INSOLVENCY. If the Sella shall become insolvent or WNrmpr, make m assigmnmr fen the benefit of con in rs, appoint a miniver tar became for my of the Sellers Property or business, this order myfortutt forthwith be caled by the ,number, without liability. 16. GOVERNING LAW. The definitions of temu used or the interpretation ofthe agreement and hie rights of all parties hereavde, shall be consisted under and governed by thc laws ofthe Sam ofColomdo, USA. The fallowing Additional Conditions apply only in cases where the Seller is to perform work hereander, including the services of Sellers Repmsentalive(s), on the premises oforhers. 17. SELLERS RESPONSIBILITY. The Sella shall any an said work at Sellers awn risk until the amen is fully completed and accepted, and shall, in use of my accident, destruction or injury to the work, mlkm matmsls before Sellers Erel complation and acceptance, complete the work at Sellers own expense and an the sansfacum of the Puncheon. Mm mmemials and ryuiproart see furesishM by others for installation or emecnm by the Sella, the Sella shall receive, unload, stare aad handle same m the site and become responsible therefor as though such materials walk., intuitional were being famished by du Sella ander Ne order. 18. INSURANCE. The Sella shall, m his owns expense, provide far the payment of workers ammonium, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, soma to their dependents in accordance with the laws of the sale in which the work is to he done. The Sella shall also carry comprehensive generd liability including, but not limited to, contractual mall mmmobile public liability Insurance with bodily injury and death limits of at least S300,000 for any one ason, 5500,000 for any one accident and property damage limit pint accident of S400,000. The Sella shall likewise mryim his comrmon, if any, Or provide for such mmpmsmion and insurance Babre my of tine Sellers or has contractors employees shall do any work upon the premiss of othems, the Sella shall fumlsh the Pmchuer with a certificate flat such cane mar auon and mouranee have been xmvi6ol, Such mufiwtes shall specify the dam when such compensation mat incer ace have ban provided. Such cenufncares shall Minify Ilse dam when such communication and insurance exports. The Sella agrees that such commeantion and insurance shall be maintained and afla flue entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for my and all damage, loss or injury of any kind r more whatsoever f persons or property caused by or resulting from the execution of the work provided for in this parchuse order or in correction herewith The Sella will indemnify ami hold bormless the Purchaser and my r all of the Purchasers officers, agents ami employees from and against any and all claims, losses, damages, charges or expenses, whether direct or iMirect, and whether to persona or peopmy to which the Pwchaxr may he put or subject by reason of my rat, action, neglem, omission or default an the par, of the Seller, my of his comignors, or my of elm Sellers or mnram ox officers, agents or amployees, to case my suit or other procealings shall be brought against the Purchaser, or its officers, agents or amploy es at any time an scmmt or by reason of my rat ration, neglect, omission or default of the Sella of my of his contractors in any of its or their officers, agents in employees as afotssid, the Sella hereby agrees to assume the defense thereof ami to defend the same at the Sellers own expense, m pay any oral ell costs, charges, attorneys fixes and other expenses, my and all judgments that may he incurred by or obtained against the Purchaser or any of its or their offcca, agents or employees in such suits or other proceedings, and in case judgment or other lien be, placed upon or obtained agairot the pmpar, of the Purchaser, or said parties in or as a result ofsuch suits or other proceedings, the Seller will at me, wise hie same to be dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall take all safety limitations, furnish ami install ell guard necessary for the pmventian of accidents, comply with all laws and regulations with regard m safety including, but without limitation, the Occupational Safety and Had h Act of 1970 and all rules and regulam ns issued pursuant thereto. Raviscd 07n014