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HomeMy WebLinkAbout101359 EVERGREEN TENNIS COURTS INC - PURCHASE ORDER - 9122452City of F,.6rt Collins Date. 04/27/2012 PURCHASE ORDER Vendor: 101359 EVERGREEN TENNIS COURTS INC 2332 FOUNTAIN DR LOVELAND Colorado 80538-3537 PO Number Page 9122452 1of2 This number must appear on all invoices, packing slips and labels. Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS Colorado 80521 Delivery Date: 04/26/2012 Buyer: JOHN STEPHEN N ote: Line Description Quantity UOM Unit Price Extended Ordered Price Resurface 3 tennis courts 1 LOT LS 16,987.00 City Park W0#P12-10 Total $16,987.00 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchasc Ordcr Tcm3s and Conditions Page 2 of 2 I. CODaMERCIALDETAILS. Tax exemptions. By .statute the City of Fnrt Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAIVER. 9R-041502. Federal Excise Tax Exemption Certificate of Registry 94.6000587 is reentered with the Collector of Failure Of file Purchaser to insist upon strict performance of the terms and conditions hereof. failure or delay to Internal Re, came. Denver, Colorado Mcf. Colorado Revised Statutes 1973. Chapter 39-26, 11.1 (.a ). exercise any rights or remedies provided herein or by Imo, failure to promptly mnifv the Seller in the event of.., breach, the aceeptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED tine to failure to meet specifications, either when shipped or dac to defects of any of the wm man ies or obligations of this purchase order and shall not be (Treated 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 written purchaser to insist upon strict performance hcrcofor any of its rights or remedies as to anv such grads, regardless insertion from the City of Fnrt Collins. of when shipped, received or accepted, as in any prior Or subsequent default hereunder, nor shall any purported and modification or rescission of this purchase order by the Purchaser operate as a svrocr of tiny of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance Receipt of the merchandise, services or equipment in respnuse to this order can rcwdt in 12. ASSIGNMEN-F OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. Howwver, it is to be undentood that FINAL Seller and the Purchaser recognize That in urinal economic practice, overcharges resulting from anitmat ACCEPTANCE is dependent upon completion ofall applicable required inspection precedues. violations are in fact borne by the Purchaser. Thcrcorom. for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may new hm'c or hereafter Freight Terms. Shipments must be F.O.B., City of Too Collins, 7M Wood St.. Fen Collins. CO 90522. unless acquired under federal or state antitrust laws for such overcharges relating m the particular goods or services elhcnvise specified oa this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by The Purchaser pursuant to this purchase orde, bill mom accompany imvmcc. Additional charges for packing will not he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS, Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is File Purchaser directs file Seller o correct nonconforming or defective goods by a date to he agreed upon by the expected fmm the nearest distribution point to destination. and excess freight will be deducted form Invoice when Purchaser and the Seller, and the Seller lhcrcafmr indicates its inability or unwillingness to comply. the Purchasc, shipments are made fmm greater distance. may cause the work to be performed by The mOs expeditious means available to it and the Scllcr shall pay all costs associated wilh such work. Perr iLc Seller shall procure at sellers To cost all necessary permits, cenifieaes and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality. mintory Or political subdivision where the work is performed. Or required by any other duly constituted public authority having jurisdiction over file work of vendor. Seller further agrees to hold the City of Fen Collins harmless fmm and against all liability and loss incurred by them by reason of an asserted or established widation of any such laws. regulmion<, ordinances, talcs and rcgnimments. AuThoriz tion. All parties to this contract agree that the represematives are. in fact. been tide and possess full and complete authority to bind mid panics. LIMITATION OF TERMS, This Purchasc Order expressly limits acceptance to the Tcmms and conditions stated Too set forth and any supplementary or additional teens and conditions annexed hereto or incerpnrmed herein by mfnro Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immcdimdy Lyan cannot make complete shipment in arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be cffccicd within the time stated on the parchasc Order and the documents attached hereto. No acts of the Purchasers including, without Iimini ion, acceptance of panial late deliveries, shall operate as a waiver of this provision. In The event of any delay, The Purchaser shall have, in addition to .,her legal and cgnitablc remedies, the option of placing This order clscwhcrc and holding the Seller liable for damages. Hmvevcr, the Seller shall not be liable for da ingc., as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence. such acts to acts ofeivil or military n uhorties. governmental priorities, rims. strikes. Rood, epidemics. mars Or rints provided that notice of the conditions causing such delay is given to the Purchaser within Bvc (5) days office time when the Seller first reecivnl 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 mason of the delay. 3. WARRANTY. The Scllcr warrants that all goods. articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/tar other descriptions given, will he TO for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards For work of a similar nnune. The Seller agrees to hold the purchasr harmless fmm any loss, damage Or expense which the Purchaser may suffer or incur on account of the Sellers breach of w:nmaty. The Seller shall replace. repair or Tonke good. wif rat cost to The purchaser, any defects or faults arising within one (D year or within such longer Perin(] of time as may be prescribed by law or by the terms ofany applicable warranty pmvidcd by the Seller after the date of .acceptance of the good furnished hereunder (acceptance not to he unreasonably delayed), resulting front imperfect or defective work done Or materials famished by the Scllcr. Acceptance or use of gaud, by the Purchaser shall not constitute a wailer orally claim under fhis woommy. Except as Otherwise provided in this purchase order. the Sellers liability hereunder shall ca ind to all damages pmximatcly caused by the breach of any of file foregoing ceramics or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERM The Purchaser may make changes to legal tents by written change older. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the teens. other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or nma change emler. If any .such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser rmv at any time by written change order, terminate this agreement as to any or all marinas of the Francis then nil shipped, subject in any equitable adjustment between the panics as to any stark or materials lhcn in progress pmvidcd 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 conscqucnfial damages, and that no such adjustment he made in favor of the Seller with respect to any goods which are the Sellers standaOl stock. No such termination shall relieve the Purchaser ar the Seller orally offhcir obligations as to any goods delivered hereunder. 7. CLAMS FOR ADJUSTMENT. Any claim for adjustment most he arc erted within thirty (30) days from the date the change er termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrdnls 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 am subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All lams and regulations required to be incorporated in agreements of this character are hereby incorgemted herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamilcss fmm all costs and damages suffered by the Purchaser as a result of fbc Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall arc ign, transfer, or convey this order, or any monies due or to become dac hereunder wifhnut the prior a duca consent of The other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement free and clear of any and all liens, restrictions, reservations. security interest encumbrances and et. ins ofmhers. The Seller shall release the Purchase, and its contractors of any tier from all liability and claims of anv man, resulting Timm the performance of such vmrk. This mlcn<c shall apply even in file event of fault of negligence of the party released and shall extend to the dirccters. officers .and empleyccs ofsach party. The Seller's continental obligations, including "firmly, shall not be deemed to be rcdtsed, in any way, because such work is performed or caused to be perennial by the Purchaser. W. PATENTS. Whenever the Seller is required to use any design, device, material or Vince.,, cmarc,l by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser fmm any and all claims for infringement by mason of the use of such patented design, device, material or pmec« in connection with the contract. and shall indemnify the Purchaser for rev cost, expense or damage which it may be obliged to pay by reason nlsueh infringement at any time during the pmsecalion or alter the completion of the work. In case said equipment, or any pan thereof or file intended use of the goods, is in such snit held to constitute infringement and the use of said equipment or pan is enjoined, the Scllcr shall. it its own expense and at its Orono, either procure for the Pnrchasn'file right 10 comimue using avid equipment or parts, replace The smile with substantially equal bul momeninging equipment, or modify it so it becomes nnninfrmiling. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint it receiver or trustee for any of the Sellers property or business. this Order may fonhwi th be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions Of femt used or the interpretation of the agreement and the rights ofall parties hereunder shall be cons oral under and governed by the laws of the State of Colorado. USA. The following Additioanl Conditions apply only in cases where the Seller is In perform work hereunder. including the services of Scllurs Representative(.,), an the premises ofethers. 17. SELLEITS RESPONSIBILITY. The Scllcr shell carry On said wok of Seller's men risk until the same is fully completed and accepted, and shall, in case of any nice ident, destruction or inj my if the work and/or materials before Seller's final completion and .acceptance, complete the work at Seller's ow expense and to the satisfaction of the Purchaser.'Armn materials and equipment arc Famished by others for installalion or crmien by the Seller, the Seller shall receive, unload. store and handle same at the site and Two responsible therefor as though such materials and/or equipment were being furnished by the Seller under The order. IR. INSURANCE The Seller shall, at his own expense provide for file payment of workers compenstion, including Occepationnl disease benefits. In it, employee,, cnnpinycd on or in connection with the work covered by this purchase order, ,and/or to their dependents in accordance with file laws of the state in which The work is to be done. The Seller shall also carry eomprchensive general liability including, but not limited it. contractual and aufemebilc public liability inwannee ,all hmtidy injury and death limo¢ ofat least S300.000 for any one person, S500.MO 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 In any work upon the nmmises ofmhers. the Seller shall furnish the Pumhoscr with a certificate that such compenmtion and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such ecr ificatcs shall specify the date when such eompcnstion ,and insurance cspires. The Seller agrees that such compensation and insurance shall he maintained until fiber the entire work is completed and accepted. 19. PRO'TFC'IION AGAINST ACCIDENT'S AND DAMAGES. The Seller hereby axsunms the entire responsibility and liability for any and nil damage, loss or injury of any kind Or lattice whatsnever to persons or property caused by or resulting from the exeeminn of she work provided for in this Purclose Onitr or in connection herewch. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purehasem o0ieem. 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 be put or subject by reason of any act action, neglect, emission or defelit on the pan of the Seiler. any of his contractors, or any of the Scllem or contractors affects, agents or employees. In case any suit or other proceedings shall be hmught against the Purchaser. or its officers, agents or c nployccs at any time on account or by reason of any act, action. neglect, omission or default of the Solder of any of his contractors or any of its err lhcir Officers, agents Or employees as aforesaid. The Seller hcrcbv agrees to assume the defense thereof and to defend the same ill the Sellers .,in expense, to pay any and all costs, charges, mtnmeys fees and other expenses, any and all judgments that may he incurred by or obtained against the Purchasr or any of its or their Officers, . agents Or employees in such suite or other pmccedings, and in case judgment or other lien be placed upon tar Obtained apmom the property Of the Perehaseq or mid parties in or as a result of such suits or other proceedings. the Seller will at once cause the same to be dissnbesl 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, to without limitation. the Occupational Sorry and flcalth Act of 1970 and.I1 rules and regulations issued pnnuant thereto. Revised 03/2010