HomeMy WebLinkAbout273449 PONDER COMPANY INC - PURCHASE ORDER - 9120686City of
�,.F�o_rt Collins
Date: 02/01/2012
Vendor: 273449
PONDER COMPANY INC
1545 W TUFTS AVE UNIT B
ENGLEWOOD Colorado 80110
PURCHASE ORDER
PO Number Page
9120686 1o12
This number must appear
on all invoices, packing
slips and labels.
Ship To: OPERATIONS SERVICES
CITY OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS Colorado 80521
Delivery Date: 02/01/2012 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Northside Aztlan Comm Cntr
Remove and replace damaged
wood floor in the gym. Extend the replacement
to include all of court #1 and #2 (center court
and the east court). Upgrade the finish to a
5-coat system. All work to be performed in
accordance with Robbins Sport Surface
specifications.
Per terms and conditions of agreement dated
February 1. 2012
C3.
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill ll, CPPO
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
Invoice Address:
•• ••1 11
$99,990.00
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
I. COMMERCIAL DETAILS.
Tess exempt ions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER.
98-04502. 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 tells and conditions hereof, failure or delay to
Internal Revenue, Denver. Colorado (Ref Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failarc to promptly notify the Seller in the event of a
breach, the acceptance of or payment for goods hereunder or approval of the deign, shall not release The Seller of
Goods 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 transit, may be returned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hercefor any of its rights or remedies as to any such goods, regardless
instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purpened
amp modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS arc subject to the City of Fed 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 Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser remgaizc that in actual economic practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations arc in fat borne by the Purchaser. Theretofore, for good cause and as considemtion for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hercancr
Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St.. Fort Collins, CO 80522. unless acquired under federal or state antimst laws for such overcharges relating to the particular goods or services
otherwise specified on this order. If permission is given to prepay freight and charge .separamly, the original freight purchased or acquired by the Purchaser pursuant to this purchase order.
bill must accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
expected from the nearest distribution point to destination, and excess freight will be deducted (root Invoice when Purchaser and the Seller, and the Seller thcmancr indicates its inability or unwillingness to comply. the Purchaser
shipments arc made from greater distance. may cause the work to be performed by the most expeditious means available to it and the Seller shall pay all
costs associated with .such work.
Permits. Scllcr shall procure at sellers sole cost all accessary permitt certificates and licenses required by all
applicable Taws, regulations. ordinances and roles of the state, municipality, Iemtnry or political subdivision where
the work is perforated, or required by any other duly constituted public authority having jurisdiction over the wort:
of vendor. Seller lumber agrees to hold the City of Fort Collins harmless from and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, onlinnnoes, rules
and requirements.
Authomation. All panics to this contract agree that the representatives are. in fact, bona fide and possess full and
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Anv additional or different terms and conditions proposed by seller are objected to and herchy, 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 performance must be effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay.
the Purchaser shall have, in addition to other legal and equitable remedies. the option ofplacing this order elsewhere
and holding the Seller liable for damages. Howc%cr, the Scllcr shall not be liable for damages as a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such aced of God, acts ofcivil or military authorities governmental priorities, fires, strikes. Rood, epidemics. wins or
riots 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 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 of the delay.
3. WARRANTY.
The Seller .warrant, that all gads, articles, materials and work covered by this order will confer with applicable
drawings, specifications, samples and/or other descriptions given, will he fit for the purposes intended, and
Performed with the highest degree of care and competence in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold the purchaser harmless from any Inns, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of wamnty. The Seller shall replace, repair or make
good, without cost to the purchaser, any defects or faults arising within one (1) your or within such longer period of
time as may he prescribed by law or by the terms ofany applicable wamnty provided by the Seller finer the date of
acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials fbmished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver ofany claim under this wamnty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include loss of pofits or loss ofuse. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal tells by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from
the gnnntities originally ordered in the specifications or drawings, by verbal or written change order, If any such
change affects the amount due or the time ofperfomancc hereunder, an equitable adjustment shall be made.
h.-TERMINATIONS.
The Purchaser may at any time by a latent change order, terminate this agreement as to any or all portions of the
goods then not shipped, subject to any equitable adjustment between the parties as to any work or mmeials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the goods and/or work. for incidental or consequential damages, and that no such adjustment be made in
faro, of the Seller with respect to any Sods which are the Sellers standard stock. No such monamalion shall relieve
the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjusment must be asserted within thirty (30) days from the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller wamnts that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict
compliance with all applicable laws and regulations 10 which the goods arc subject. The Seller shall execute and
deliver such documents as maybe required to effect or evidence compliance. All laws and regulations required to be
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 a result of the
Scllcr failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior wrincn consent of the other party.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished
in performance of this agreement free and clear of any and all liens, restrictions, reservations security interest
encumbrances and claims of others.
The Scllcr shall release the Purchaser and its contractors of any tier from all Iiabilitv and claims of any nature
resulting from the performance ofsuch work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, officers and employees of Bach parry.
The Seller's contractual obligations, including wamnty, shall not be deemed to be reduced. in any way, because
such work is performed or caused to he performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save harmless 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 contract and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to ryry by reason of such
infringement at any time during the prosecution or firer the completion of the work. In case said equipment, or
any pan thereof or the intended use of the goods. is in such suit held to constitute infringement and the use of
said equipment or part 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 same with substantially equal but
noninfringing equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or hankrupt make nor assignment for the benerit of crediturs, appoint a
receiver or trustee for any of the Sellers property or business, this order may forthwith he canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of terms used or the interpretation ofthe agreement and the rights ofall parties hereunder shall be
eonstrood under and governed by the laws of the State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perfomn work hereunder,
including The services of Scllem Representative(s), on the premises ofothers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall,
in case of any accident, des action or injury to the work and/or materials before Seller',% final completion and
acceptance, complete the work at Seller's own expense and to the satisfaction ofthe Purchaser. When materials
and equipment am furnished by others for installation or confirm by the Seller, the Seller shall receive, unload,
store and handle same at the site and become mspnnsible therefor as though such materials and/or equipment
were being furnished by the Seller under the order.
18, INSURANCE.
The Seller shall, at his own expense, pmvide for the payment of workers compensation, including occupational
disease benefits. to its employees employed on or in connection with the work covered by this purchase order,
and/or to their dMcndents in accordance with the laws of the state in which the work is to be done. The Seller
shall also carry cone chcnsive general liability including, but not limited to, contractual and automobile public
liability insurance with ho bly injury and death limits of tat least S300.000 for any one person, S500,000 for any
one accident and property damage limit per accident of S400.000. The Seller shall likewise require his
contractors. if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premises ofuthers, the Seller shall famish the Purchaser with a scmificate
that such compensation and insurance have been provided, Such certificates shall specifv the date when such
compensation and insurance have hcen provided. Such certificates shall specify the dam when such compensation
and insurance expires The Seller agrees that such compensation and insurance .shall be maintained until after the
entire 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 ofany kind
or ..fare whatsoever to persons or property caused by or resulting form the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may
he put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his
contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other
prove clings shall be bought against 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 any of his contractors or any of its or
their officers. agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses.
any and all judgment that may be incurred by or obtained agninst the Purchaser or any of its or their effects:
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 panics in or as a result of such suits or other proceedings;
the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions furnish and install all guards necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including. but without limitation, the
Occupational Safety and Hcalth Act of 1970 and all rules and regulations issued pursuant thereto.
Revised 03/2010