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HomeMy WebLinkAbout101359 EVERGREEN TENNIS COURTS INC - PURCHASE ORDER - 9122287PURCHASE ORDER PO Number Page City of PURCHASE 9122287 1012 ' `tChis number must appear ` Collins1 1 on all invoices, packing slips and labels. Date: 04/20/2012 Vendor: 101359 EVERGREEN TENNIS COURTS INC 2332 FOUNTAIN DR LOVELAND Colorado 80538-3537 Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS Colorado 80521 Delivery Date: 04/20/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Resurface 2 Basketball Courts Rolland Moore WO# P12-06 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 8,250.00 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 99-0,1502. Federal Excise Tax Exemption Certificate of Registry 8el-6000587 is regimered with the Collector of Failure of the Purchaser to insist upon strict performance ofthe terns and conditions hereof. failure ra delay to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided hcrcin or by law, failure to promptly notify the Seller in the event of n breach, the acccptancc ofor payment for goods hereunder or approval ofthe design, shall not mlcnsc the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the aromatics or obligations of this purchnsc order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of wrinen purchaser to insist upon strict performance herenfor any of its rights or remedies as loan ' any such grads, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nut shall any rynpo red oral mndifieation or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS nre subject to the City of Fort 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 ANTITR UST CLAIMS. authorized payment on the pan of the City of Four 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 ofall applicable required inspection procedures violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns 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 90522, unless acquired under federal or state nntilmsl laws for such overcharges relating to the particular goods or services olhcraise specified on this order. If permission is given to prepay freight and charge scpnmicly, the original freight purchased err acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in ynrinus 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 from In%oice when Purchaser and the Seller, rad the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made fort greater distance. may cause the work to be performed by the most expeditious means available to it, unit the Seller shall pay all taus associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, is niftcatcs and licenses required by all applicable laws, rcgulalons, ordinances and rules of the state. municipality, territory or political subtliv ision where the work is pinfomcd, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fog Collins hamlcss from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances rules and requirements. Authorization. All panics to this contract agree that the representatives arc, in fact. bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the toms and conditions stated herein sat forth and any supplementary or additional tans and conditions annexed hereon or incorporated herein by reference Any additional or different terms and conditions proposed by seller am objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot'make complete shipment to muive on your promised delivery date its noted. Time is ofthe 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 pagial late deliveries, shall o icmte as a waiver srfthi, pov, kinn. In the event effigy delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option off lacing 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 reasonably foreseeable which arc beyond its reasonable control and without its fault of ncgligcncc, such acts of God, acts ofeivil or military mnhoritics. govcmmental priorities, fires, strikes, flood, epidemics, wars or tints provided that notice of the conditions causing such delay is given to the Purchaser ithin fiyc (5) days of the time when the Seller first received knowledge thereof. lu the event of any such delay, the date of delivcry shall be extended for the period equal lathe time actually lost by reason ofthe delay. 3. WARRANTY. The Seller wamnts that all guests. articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be 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 Ions, damage or expense which the Purchaser may suffer or incur oa 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) yen, or ithin .such longer period of time as maybe prescribed by Inv or by the terms of any applicable warranty provided by the Seller after the date of acceptance ofthe good furnished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of anv claim undo this mortuary, Except as otherwise Provided in this purchases order, the Scllcrs liability hereunder shall extend to all damages proximmcly caused by the breach of any of the foregoing numntiev or gic mntces, bat such liability shall in no event include loss ofpmfits on loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSESHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terns by written change order. 5. CI LWGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally nrdemd in the specifications or drawings, by verbal or wriuco change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. fi. TERMINATIONS, The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then nut shipped, subject to any equitable adjustment between the panics as to any work or materials 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 nit such adjustment be made in favor of the Seller with respect to any goods which arc the Scllcm standard stock. No such tcmination shall relieve the Purchaser or the Seller of any of their obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adju tment must be asserted within thirty (301 days From the date the change or termination is ordered. S. COMPLIANCE, W ITI1 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 to which The goods am subject. The Seller shall execute and deliver such documents as may he required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamlcss from all costs and damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monist due or To become duc hereunder without the prior written consent of The other party. 10. TITLE. The Seller wamnts full, elemand unrestricted title to the Purchaser for all equipment materials, and items furnished in performance of this mgmcnicnl, free and clear of any and all lien..,, restrictions re en:minns scanty interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting man the performance ofsuch work. This release shall apply even in the event of fault of ncgligcncc of the party released and shall extend to the directors, officers and employees ofsuch party. The Scllcr'.., contractual obligations, including wamnry, shall not be deemed to be reduced, in any way, timansc such work is performed or caused to be performed by the Purchaser_ W. 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 mud 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 pay by reason of soh infringement at any Bore during the prosceutinn on ifer the completion of the work. In case said equipment, or any part thereof or the intended use of the goods. is in .such suit held to constitute infringement and the use of ,aid equipment or part is cnjmavd, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with sabsmndidl, equal hot noninfringing equipment, or modify a sit it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become inselvcnt or hankrapt, make an assignment for the benefit of creditors, 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 oftemu used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be construed under and govemed by the lases of the State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(s), no the premises ofolhers. 17. SELLERS RESPONSIBILI TY. The Seller shall carry on said work at Scllcrs own risk until the same is fully completed and accepted, and shall. in case of any accident, dutruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction ofthe Purchaser. When materials and equipment arc furnished by others for installation or crmion by the Seller, the Seller shall receive. unload, store and handle are no the site and been nne responsible therefor as though such materials and/err equipment were being furnished by the Scllcr under the order. 19. INSURANCE, The Seller shall, it his own expense. provide for the payment of workers compensation, including occupational disease benefits. In its employees cot ploy'ed on or in connection with the send, cowered by this purchase order. and/or to their dependents in accordance with the laws of the state in which the work is to he done The Seller shall also carry comprehensive general liability including but not limited to, contractual and automobile public liability insuance with hoslily injury unit death limits of at (cast 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 pmvide for such compensation and instructive. Before any of the Seller or his contractors employees shall do any work upon the promises of other..,, the Seller shall furnish the Purchaser with a cenifieatc that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been presided. Such certificates shall specify the date 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 nature whatsoever to persons or property caused by or resulting from the execution ofthe work Provided for in this purchase nrlcror in connection herewith. The Seller will indemnify and hold humrless the Purchaser and any or all of the Purchasers officers, ngenls and employees fmm and against any and all claims, losses. damages, charges or expenses whether direct or indircel, and whether to persons or propcny to which the Purchaser may be at or satbicct by reason of any act, action, neglect, omission or default on the pan of the Scllcr, any of his contractors, or any of the Scllcrs or contractors officers, agents or employees In case anysuit or other proceedings shall be brought against the Purchroscr, or its officers. agents or employees at any time on account or by reason of any act. action, neglect omi<sion or default of the Seller of any of his contractors or any of its or their officers, agents on employees as aforesaid, the Seller hereby agrees to rssumc the defense therml'rand in defend the snore it the Sellers own expanse, to pay any and all costs, charges, money, fees and other expense, any and all judgments that may be incurred by or obtained against the Purchaser or any of it or their omcen. ,agents or employees in such suites or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchnscr, err said parties in or as a result ofsuch snits or other proceedings. the Seller will at once cause the same In he dissolved and discharged by giving bond or otherwise. The Seller and his contractors sholl lake all safety precoutlorts, famish and install all guards necessary for the prevemion of accidents, comply with all laws and regndntions with regard to safety including but without limitation, the Occupational Safety and Health Act of 1970 and all talc and regulations issued pursuant thereto. Revised 0312010