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HomeMy WebLinkAbout111325 TURF MASTER LLC - PURCHASE ORDER - 3215351PO PURCHASE ORDER 3215351 Page C1171 of PURCHASE 3215351 1 of z F6r} CollinsCThisnumber must appear //_',"`�—J`-, ` ` on all invoices, packing sli s and labels. Date: 01/14/2015 Vendor: 111325 TURF MASTER LLC 3327 GIDDINGS RD FORT COLLINS CO 80524-9419 Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/14/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 2015 Sod Light & Power 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 1 LOT LS Total $5,000.00 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 statute the City of Fan Collins is exempt from slate and local laves. Our Exemption Number is 98-04501. Federal Excise Tax Exemption Centrists of Registry 84-6000587 is registered wilh the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smores 1973, Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet speoifications, either when shipped or due m defects of damage in meted, may be returned to you for credit and arc Out to he replaced except upon receipt of veriurn instructions Tom the City of Fort Collins. Impaction GOODS are subject m the Ciry of Fon Collins inspection on anlval. Final Acceptance. Receipt of the merchandise, survirea on equipment in mponse to this offer can vault in amhorimd payment on the pan of the Ciry of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion wall applicable required inspection procedures. Freight Terms. Shipments ..it be F.O.B., City of Pon Collins, 700 Wood St, Far Collins, CO 80522, unless otherwise specified on this order. If permission 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. Where manufacturers have dumibuting paints in various parts of the country, shipment is expected fmm the named distribution point to datimtion, and excess Bdgbi will be, deducted from Invoice when shipments are made firm greater durance. Permits. Seller shall procure at sellers sole cost all nxessary pennio, cerifcata and licenses acquired by all applicable laws, regulmions, weinances and miles ofthe sans, munlclpahm, mummy or political subdivision when the work is performed, or required by any other duly constituted public authority havingjurisliction over the work of vendor. Seller father agrees to hold the City of Fiat Collins harmless Ifom and against ill liability and loss incurred by them by reason of an trimmed or established violation of any such laws, regulations, ordinances, rates and requirements. Authodmtion. All panic to ibis contract agree that the representatives are, in fact, how fide and possess full and complete authority, to bind said parties. LIMITATION OF TERMS. This Purchase Offer expressly limits acceptance to the terms and conditions sated herein set froth and any supplememary or additional terms and unditionc annexed herttu or incomomtm herein by reference. Any additional or different terms and conditimrs proposed by caller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment 1. art on your promised delivery date w noted. Time is of the essence. Delivery and performance net be eOhcad within the time stated on the purchase order and the documents attached hereto. No acts of the Purchaser including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of my delay, the purcleam shall have, in addition m other legal aak ry.it.ble remedies, the option of placing the order duwheres surd holding the Sella liable for damages. However, the Seller shall not h liable for damage as a result of delays due m Ouse, not rra asubly fomxable which are beyond its reasonable covtml sal without its fault ofaegligeroe, such errs of God ads ofcivil at military authorities, govenanrnal primaties,fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Fureheur within five (5) days of the time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRAMY. The Seller warrants that all goods, articles, materials and work covered by this order will confurm with applicable drawings, specifications, smnpia mad/or other descriptions, given, will be fit for the purposes aremd, and Performed with the highest degree of care and compnencc In accordance with accepted Ssandard for work of ➢ similar mere. The Seller agree to hold the purchaser harmless fmm any loss, damage or expense which the Purchaser may suf i or incur on mentor of the Sellers breach ofwamenry. The Seller shall replace, repair or make good without not to the purchaser, any defects or faults srising within one (1) year or within such longer period of time as may be Prescribed by law or by the tames of my applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (aceptance not to be unreasonably ddayed), resulting form imperfect or defective work done or materials famished by the Seller. Acceptance or me of goods by the Purchaser Shall nor constitute a waiver ofany claim under this wamnmy. Except as otherwise provided in this purchase offer the Sellers liability hereunder shall extend to all damages proximamly caused by the breach of any of the foregoing wamemies or guarantees, but such liability shall in no event include lass 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 m legal terra by wrtten change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal moms, including additions to or deletions from the quantities originally urdcred in the specifications or drawings, by verbal or written change order. If any such change affects 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 order, mrmimam this ma amem as to any or all passions Of the good, then not shipped, subject to any equitable adjustment between the panic as I. any work or materials then in progress provided that the Purchaser shall not be liable fen any claims for anticipated profits on the mcompleted portion ofthe good andror work, for incidental or mnsequeneial damages, and thin no such adjra mend be made in favor arrive Seller with respect to my goods which are the Sellers naMard stork. No such termimtioa shall whee the Purchaser or the Seller army oftheir obiigatiotu On to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. S. COMPLLiNCE WITH LAW. The Seller warrants that all god sold hereunder shall have been produced, sold, delivered and fumishel in of ict compliance with all applicable laws and regulations m which the goads am subject. The Seller shall execute and deliver such ducmaenss as may be required to effect Or evidence compliance. All uses and regulations uncritical to be incorpommd in agreements of Nis character are hereby incoryoueed herein by Ibis reference. The Seller agrees to indemnify and hold the Pardoner harmless fen all costs and damages suffered by the Purchaser as a result ofthe Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey Nis order, or any monies due or to become due hereunder without the prior women consent ofthe other party. [LITTLE. The Seller warrmrs full, clear and wuessrictd fine to the Purchaser for all equipment, matmaB, and it. fumishd in perfurrourcum, of this agreemenh fix and clear of may and all liens, ratriee otn, tesenations, must interest encumbrances and claims ofothers. 11. NONWAIVER. Failure ofthe Purchaser to insist upon strict performance of the terms and conditions hereof failure or delay to excirise any rights or remedies provided herein or by law, failure to promptly vatify the Seller in the event of a breach the acceptance of or payment for gods hereunder or approval of the design, shall not release the Seller of any of the warmaties or obligations of this Ou.how order and shall nut be, deemed a waiver of my right of the purchaser m insist upon strict performance hemofor any of its rights or rendiee as Io my such goods, regardless of when shipped, received or accepted, as to my prior or sub se uml default hereunder, nor shall my Imported oral modifrcanam or rescission of this purchase order by the Forehasn optimum as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recall then in actual cra ie practice, overcharge resulting fires. ration t violations we in fact home by the Purchase, Theretofore, for good cause and to, c rmademtion for execming Ws purchase order, the Seller hereby assigns to the purchaser any and all claims it may now have or hereafter acquired under federal or state antitrvst laws for such overcharges relating to the particular goads or services purchased or acquired by the Purchaser pursuant to this purchase offer. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser dbecB the Seller to correct nonconforming or defective goads by a dam to be agreed upon by the Fmchnser mid the Seller, and the Seller thereafter indicates its irubiliry or unwillux Tawas to comply, the rerchasn may cause the work to be, performed by the mast expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contusion, of any tier from all liability and claims of any mature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, oRcrs and employees of sash party. The Sellers commctml obligations, including warranty, shall nor be deemed to be reduced, in tiny way, because such work is performed or cowed 1p be eifrsond by the Purchow. 14. PATENTS. Whenever the Seller is impaired to use any design, device, menial or process coverd by lever, patrnf mak walk or copyright, the Seller shall indemnify and save harmless the Purchaser fmm any and all claims for infringement by reason of the use of such patented design, device, material on process in connection with the contracts and shall indemnify the Purchaser for tiny cost, expense or damage which it may be obliged to pay by reason of such infringement at my time during the prosecution or after the completion of the work. In case said equipment, or any pin thereof or the intended use of me goods, is in such suit held to constitute infringemem and the use of said equipment or part is cnjoimd the Seller shall, st its own exp new and at its option, either procure for the Purchaser the right to continue wing said equipment or pares, replace the same with Substantially sound but aoninGmging equipment or modify it so it becomes toninfica . 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt, make an assignment for the bereft of credimrs, appoint a mociver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation of the agreement and the rights of all ponies hercuudx shall be cansuud maker and ga.d by the laws ofthe San oFCaloado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereuunder. including the services of Sellers Represenativeb ), on ft premixes fothers. 19. SELLERS RESPONSIBILITY. The Seller shall Ony on said work at Sellers own risk until the same is Polly completed and accepted, and shall, in case of any accident, destruction or injury to the work awl/w materials before Sidles find completion and acceptance. complete the work at Sellers own expense and to the satisfaction of the Purchaser. When nowends and equipment are famished by others for installation or eremion by the Seller, the Seller shall receive, unload. store and handle same at the site mud become responsible therefor as though such materials and/or equipment Overt being f shed by no Seller We, the offs. 18. INSURANCE. The Seller shall, a1 his own expense, provide for the payment of workers emnsperestation, including occuryuond ducae benefits, to its employees employed on or in connection with the work mvend by Nis purchase order, waVor to their dependents in accordance with the laws of the safe in which the work is to be dove. The Seller shall also Orry comprehensive general liability including, Vol not limited to, cotnuctwl am automobile public fid iltry in -mice with bodily injury, and death limits of at least $LNyyIO for any one perwn, S5o0,no0 for any one accident and pmpery damage limit per accident of $40g000. The Seller shall likewise require his untracmrs, if any, ,, provide for each mmpensmion and insurance. Before any of the Sellers or his omficadrrs employees shall do my work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such centfcata shall specify the dam when such compensation and insurance have been provided. Such mitifcma shall specify the date when such compel ninon and insurance expires. The Seller ogees not such compensation and insurance shall be mainained until afteethe entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby azin. the entire responsibility and liability for any and all damage, loss or injury afmy kind r nature whaacever to Ofis as or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herendth. The Seller will indemnify and hold harmless the Purchaer and any r all of the Purchasers olfcen,, agems and employees from and against any and a]I claims, losses, 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 any act, action, neglect, omission or default on the Pan of the Seller, my of his contractors, or my of the Sellers or co enactors officers, agents or employar. In Ose my suit or offer proceedings shall be brought against he Purchaser, or its officers, agent or employees m any lime on mmmt err by mason of any act, action, neglect, omission or default of the Seller of my of his contmors at any of its or their offers, agents or employees ss aforesaid the Seller hereby agrees an assume the defense drums( and to defend the same at the Sellers own expense, W pay my and all costs, charges, ntmmeys fees and other expenses, my and all judgments that may be incurred by or obtained against the Purchaser or my of its or their aRcers, agents or employees in such suits or other pr«edings, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or said parties in or as a result ofsuch suits or other proceedings, the Seller will at once cause the same m be dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall eke all safety prxautime. fomish and install all grards necessary for the prevention of accidents, comply with all laws and regulations with regard to Ofd, including, but without limitation, the Occupational Safety and Health Act of 1970 and all miles and regulations issued pursuant themo. Revised 072014