HomeMy WebLinkAbout111325 TURF MASTER LLC - PURCHASE ORDER - 3215268PO
PURCHASE ORDER 321526er Page
City of PURCHASE
327 5268 t of 2
�t Collins
lins This number must appear
V ` 1 1 on all invoices, packing
sli s and labels.
Date: 01/13/2015
Vendor: 111325 Ship To: WATER UTILITIES
TURF MASTER LLC CITY OF FORT COLLINS
3327 GIDDINGS RD 700 WOOD ST
FORT COLLINS CO 80524-9419 FORT COLLINS CO 80521
Delivery Date: 01/12/2015 Buyer:
PAT JOHNSON
Note: 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.
Line Description Quantity UOM Unit Price
Ordered
Extended
Price
2015 Blanket Order 1 LOT LS
4,000.00
Sod & supplies
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 Conditions
Page 2 of 2
1. COMMERCIALDETAILS.
Tax exemptions. By stank the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
I L 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 peformance of the terms and conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-36. 114 (a),
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of
breach, the acceptance of or payment for goads hereunder or approval of the design, shall not elease the Seller of
Goads Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in tonsil, may be rammed to you for credit and are not to be replaced except upon receipt of written
purchaser to insist upon initial performance hereof or any of its rights or numdies as to any such goods, regardless
instructions Soon the City of Fort Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any pawroad
om1 modification or rescission of Nis purchase order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS are subjecuo the City of Tom Collins inspection on arrival.
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 pan of the City of Fan Collins. However, it is to be understood that FINAL
Sella and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion*fall applicable required inspection procedures.
violations are in fact home by the PumhueTh r. eremfore forgoodcause and as consideration for executing this
purchase order, the Seller hereby assigns m the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipments most be F.O.B., City of For Collins, IN Wood St., Fon Collins, CO 80513, unless
acquired under Extend or stare antitrust laws for such overcharges relaring 10 the particular goods or services
otherwise specified on this order. Ifpermission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant to this purchase order.
bill must accomoanv invoice. Additional chances for omkie. will oat be accented.
Shipment Distance. Whom manufacturers have distributing points in vanom, pans of the country, shipment is
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when
shipments; are made from grater distance.
Permits. Seller shall procure at sellers sole cost all necessary Farms, cauricites and licersa required by all
applicable laws, originations, ordinances and roles of the some, municipality, territory or political subdivision where
the work is Fathomed. or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Sella further agrees to hold the City of Fort Collins harmless from and against all liability and lass
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, holes
and restaurateurs.
Authorization. All panics m this contract agree that the representatives are, in fist, haw Ede and possess full and
complete authority to bind said Faris.
LIMITATION OF TERMS. This Purchase Order expressly [;mils acceptance to the temp and conditions stated
herew set Earth and any supplementary or Wine=] terms and conditions annexed hereto or in mp imred herein by
reference. Any additional or different terms and maditiors proposed by seller are objected to and hereby rejected.
3. DELIVERY.
PLEASE ADVISE PURCHASMG AGENT immaturely if you cavort make complete shipment to arrive on your
promised delivery date as noled. Time is of the... Delivery, and performance out be eft ted within the time
stated on the purchase order and the documents atracbd hereto. No as of the PureM1uers including, without
limitadoq accept. of partial lam deliveries, shall operme as a waiver of this prowkion. In the event of any delay,
the Purchases shall have, in addition to indoor legal and e,rimbde remedies, the option of placing this order elsewhere
and holding the Sella liable for damages. However, the Sella shall not be liable for damages as a result of delays
due to causes not nationality foreseeable which are beyond its reasonable sound and without its fault of negligence,
such acts official, actsifeivil or military authorities, gave .I priomies, fires, mikes, flood, epidemic, was we
nws provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge Ihormf. In the event of any such delay, the date of delivery shall W
extender for the peril equal to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller warnings that all good, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples andtor other descriptions given, will be fit for the purposes imendal, mho
performs with the highest degree of care and competence in accordance with amepred standards for wok of a
similar nature. The Sella agrees to hold the purchaser harmless from any lass, damage or expense which be
Ruchaser may suffer or men on account of the Sellers breach ofwarmnly. The Sella shall replace, repair or make
good, without ever to the purchaser, any drivers or Cults arising within one (I) Year m within such longer period of
time as may be prescribed by law or by the terns army applicable warrant, provided by the Sella after, the dam of
acceptance of the good famished M1eretuMer po eepnnce nor to be wreawraMy delayed), noshing from imperfect
or defective wok done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall tort
mutimte a waiver of any claim coda this warranty. Except se otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damage Proximately mused by the breach of my of the foregoing warranties
or guarantees but such liability shall in no event include loss ofprefits or lass of tie. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal temp by written change either
5. CHANGES IN COMMERCIAL TERMS.
The Proxima may make my changes to the remit, alter than legal terns, including additions to or deletions from
the quern nn,,—[Ly ordered in be x,ecificatimex or drawings, by vab ul or written change order. If any aucn
change affects the amount due or the time ofperfmmmce hereunder, an equitable ajutment shall be made.
6. TERMINATIONS.
The pumhuer may st any time by written change order, terminate this agreement as to any or all Famous of the
goods then not shipped, subject to any aluhab[e adjustment becomes the ponies as to any work or materials then in
Fortress provided that the Purchaser shall not is, liable for my claims fro anticipated profits on the mominplaed
portion of the goods =&or work, for incidental or abortionist damages, mho That W such adjustment be made in
favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller army oftheir obligations as to any goods delivered hereunder.
). CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the doe he change or termination is
ordered
8. COMPLIANCE WITH LAW.
The Sella waamts that all goods sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the goods 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
ncoryonted in agreements of this chameter me 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 a result of the
Sellers failme to comply with such law.
9. ASSIGNMENT.
Neither parry shall assigns, ".are,, a come, this order, or any monies due or to become due heeunder, without the
prior written consent ofthe other parry.
10. TITLE.
The Seller warrants Bill, clear and committal title to the Purchaser for all equipment, materials, end items famished
in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest
encumbrences and claims of others.
13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective goads by a date to be agreed upon by be
Purchaser and the Seller, and the Sella thereafter indicates its inability or unwillingness to comply. the Purchaser
may cause the work to be performed by the most expeditions mcam available to it, and the Seller shall pay all
costs associated with such work.
The Seller shall release the Purchaser and its cantmemrs of any tier from all liability and claims of any nature
return, from the performance of such work.
This re16u shall apply even in the event of fault of negligence of the party relawal and shall extend to the
directors, officers and employees ofsuch party.
The Stiles comrxtual obligations, including warranty, shall not c dermal to Ix reduced, in any way, because
such work is peRomlal or caused to ho performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, ram trial or process covered by letter, patent, trademark
r copyright, the Seller shall indemnify and Some harmless the Purchaser from any and all claims for infringement
by rcawn 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 to pay by reason ofsuch
infringement at my time during the prmec ni er or aficr the completion of the wok. In case said a3ri,yead, or
any pan therwf or the intended use of the goods, is in such suit held b corumimte infringement and the use of
said equipment or pan is enjoined, the Sella shall, at its own expense and at its option, either procure for the
Purclsuer the right to continue using said equipment or pants, replace the same with substantially equal but
roninGngin, equipment, or modify it so it becomes maninGnging.
15. INSOLVENCY.
If the Seller shall become insolvent or baNmpt. make an assigmrcnt for the benefit of ctedimrs, appoint a
receiver or .1. for any of the Sell. property or business, this order nay foMwith be canoeled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions arm. card or the interpretation of the agRCrrn[nIand the rights ofall parties hereundershall be
comwed under and governed by the lawn ofthe Share of Colorado, USA.
The following Additional Conditions apply only in cases where the Sella is in pert work hereunder,
including the scrvicm of Sellers Re,ramntive(a), on the premises of *doers.
17. SELLERS RESPONSIBILITY.
The Sella shall any on said wok at Sellers own risk until the same is fully ex mplenal and accepted, and shall,
in rase of any accident, destruction or injury to be, work and/or materials before Scllers final completion and
warrant , complete the work at Sellers own expense and no the satisfaction of the Purehaaer. When materials
and equipment one burn6hed by others for installation or erection by be Sella, the Seller shall native. wload
snort and handle same at the site and become rtsponsible flusi as though such materials trouper equipment
were being fumishs by the Sella under the order.
I& INSURANCE.
The Seller shall, in has own expanse, provide for the payment of workers compensation, including mcupmional
disease benefits, to is employees employs on or in connection with the wok ravers by this purchase order,
anupor to their dependents in accordance with the laws of the state in which the work is to be, done The Sella
shall also carry comprehensive general liability including, but not limited m, contractual and automobile public
liability insurance with bwlily injury am death limits of at lean S300,000 for any one person. SSW." for any
one accident and progeny damage limit per actuator of 5400,M. The Sella shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his wentmmors
employees shall do my work upon the premises of others, the Seller shall famish the Purchaser with a ttnificate
that such compensation and insurance have been provided. Such adifiwta shall specify the doe when such
compensation sad insurance have been provided. Such cenifiwtes shall specify the date when such compensation
and insurance expires. The Seller ogres but such compensation and insurance shall be exaimind until a0x, the
.it,, work is completed and acrcptd.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES,
The Seller hereby auumn the arms respmuibiliry and liability for any and all damage, as or injury .(my kind
or nature whatsoever to persons or property roused by or resulting from be execution of the wok provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold bardelas the Purchaser and my
r all of the Purchasers officers, agents and employees from and against any and all claims, 1*ass, damages,
charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may
be put or subject by reason of my act, action, neglect, omission or demon on the pan of the Seller, any of his
contractors, or any of the Sellers or contractors officers, agents a employees. In case my suit o other
proceedings shall be brought optimal the Purchaser, or its officers, agents or employees at any time on account or
by reason of any act, action, neglect, omission or default of the Seller of my of his contractors or my of its or
their officers, agents or employers as aforesaid, the Seller hereby agrees to assume the defense thereof end to
defend the same at the Sellers awn expense, to pay any and all costs, charges, attorneys fees and order expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or my 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 u a result ofsuch suits or other proceedings,
the Seller will at once cause the same to be dissolves and discharged by giving bond or otherwise. The Seller .it
his contractors shall sake all safety precautions, famish and insist] all guards necessary for the prevention of
accident, comply with all laws and regulations with regard to safety including, bur without Immune, the
Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuan, thereto.
Revised O7R014