HomeMy WebLinkAbout101359 EVERGREEN TENNIS COURTS INC - PURCHASE ORDER - 9123216PURCHASE ORDER PO Number Page
City of 9123216 1 of 2
Collins
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Date: 06/05/2012
Vendor: 101359 Ship To: PARK MAINTENANCE
EVERGREEN TENNIS COURTS INC CITY OF FORT COLLINS
2332 FOUNTAIN DR 413 S BRYAN
LOVELAND Colorado 80538-3537 FORT COLLINS Colorado 80521
Delivery Date: 06/05/2012 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Crack fill various courts 1 LOT LS 30,000.00
Tennis and BB WO# P12-12
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
Total
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
I. COMMERCIAL DETAILS.
Tax exemptions. By.statute the City of For Collins is exempt from state and local taxes. Our Exemption Number is I I. NONWAIVER.
98-W 502. Federal Excise Tax Exemption Certificate of Registry 94-6000587 is registered .with the Collector of Failure of the Purchaser to insist upon strict pafommnce of the hems and conditions hereof, failure or delav to
Internal Revenue. Denver. Colorado (RcE Colorado Revised Statutes 1973. Chapter 39 26. 114 (a). exercise any rights or rvrmdics provided herein or by firm', failure to promptly notify the Seller in the event of a
breach, the acceptance ofor payment for goods hereunder or approval of the design, shall net release the Seller of
Goods Rejected. GOODS REJECTED due to failure to moo specification. Cuba when shipped or dire to defects of any of the ssaneatics 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 am not to be replaced except upon reccipl of written purchaser to insist upon strict performance hercofor my of its rights or rcmcdics as to any such goods, mgnrllCc
instruction from the City of Fen Collins, of when shipped, received or accepted, as to any prior m subsequent default hereunder. nor shall any purp t
on] mndifiu'uinn or rescission of this purchase order by the Purchaser operate as a waiver of ony 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 response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fen Collins. Homeve4 it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic pramice, Ocrcharges resulting from antitrust
ACCEPTANCE is dependent upon completion afall applicable required inspection procedures. violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration far executing this
purchase older, the Scllcr hereby assigns to the Purchaser any and all claims it may now hive or hercaper
Freight Terms. Shipments must be ROM . City of Fort Collins, 700 Wood St.. Fog Collins CO 90522, unless acquired under federal or state antitrust laws for such overcharges relating in the particular goods or sen'ices
othcrm'isc specified on this order. If permission is given to prepay freight and charge wrarrady, the original freight purchased or acquired by the Purchaser pursuant to this purchase order,
bill most accompany in%nice. Additional charges for packing wild 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 Scllcr to correct nonconforming or defective goods by a dote to be agreed upon by the
expected form the nearest distribution point to destination, and excess freight swill be deducted from Invoice when Purchaser oM the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments, e, made from greater distance. may cause the work in be performed by the most expeditious means available to il, and the Seller shall pay oll
costs associated with such murk.
Permit,. Seller shall procure rat scllcm sole cast all necessary pcmnits, certificates and licenses required by all
applicable lasts, regulations, ordinances and mice of the state, municipality, territory or political suMlivi.sion where
the work is perfomwd, err required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller higher agrees to hold the City of Fort Collins hamdcss fmm and against all liability and loss
incurred by them by reason of an asserted or established violation of any such Innis, regulations, ordinances, nilcs
and rcgnimmcros.
Authorization. All panics to this contract agree that the representatives are. 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 terms and conditions stated
herein set forth and any supplcmctnary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or difircong goes and conditions proposed by scllCrare objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
premised delivery date as noted. Time is of the essence, Delivery and performance must be cffecoul within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance ofpanial late deliveries, shall operate as a waiver of this provision. In the event ofany delay.
the Purchaser shall have, in addition to other legal and equitable remedies, the option ofpdacing this order cscwhCrC
and holding the Seller liable for damages. Hommver. the Seller shall not be liable for damages as a result of Jlclnys
due to causes not reasonably foreseeable which are beyond its reaonably control and mithout its fault nfnegligenee.
such acts of God, acts of civil or military authorities, gm'emmental priorities, firs, strikes. Bond, epidemics, wars or
riots provided that notice of the eondilinns causing such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knomiedge thereof. In the event of any such delay, the date of delivery shall be
extended for the period equal in the time actually lost by mutual oftbe delay.
3. WARRANTY.
The Scllcr warrants that all goods, articles, materials and work covered by this order will confuter with applicable
drawings, specifications, samples and/or other descriptions given, will be In for the purposes intended, and
perforated with the highest degree of care and competence in accordance with accepted .smndards for Work Of a
similar nature. The Seller agrees to hold the purchaser harmless from tiny loss, damage or expense schich the
Purchaser may suffer or incur on account of the Sellers breach of warranty. Thc Seller shall replace, repair or make
good, witbmn cost to the purchaser, any defects or faults arising Within one (1) year or within such longer perind of
time as may be prescribed by lase or by the hems of any applicable wareary provided by the Scllcr aRcr the dmc of
acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperheel
or defective work done or materials furnished by the Seller. Acceptance or use of grads by the Purchaser shall net
constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order. the Sellers
liability hercundcr shall extend In all damages pmximatcly caused by the breach of any of the foregoing wamntics
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 TERMS.
The Purchaser may make changes to legal tcmu by written change order.
5. CHANGFS IN COMMERCIAL TERMS.
The Purchaser may make any changes to the mines. other than legal manes, including additions to or deletions from
the quantities originally ordered in the specifications err drawings, by verbal or vritOn change order. If any such
change affects the amount due or the time of performance hercundcr, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the
galls then net shipped, subject to any equitable adjustment betr een the parties as to any work or mmeriols then in
progrcc provided that the Purchnscr shot) not be liable for any claims for anticipated profits on the uncompleted
portion of the cads and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any grads which arc the Sellers standard stock. No such termination 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 adjustment must be asscru d within thirty (30) days from the date the change or morinztion is
ordered.
S. COMPLIANCE. WITH I LAW.
The Seller warrants 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 arc subject. The Scllcr shall excente and
deliver such documents as may be rcquircd to effect or evidence compliance. All Imes and regulations required to he
incorpemtcd in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser homtles from all costs and damages suffered by the Purchnscr is a result of the
Sellers failure to comply with such law.
0. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or to become due hercundcr without the
Prior written consent of the other parry.
10. TITLE.
The Seiler warrants fell, cicarond unrestricted title to the Purchnscr for all equipment. materials, and items furnished
in perfamance of this agreement, free and clear of any and all liens, mstdctien, resenenrions, scenery interest
cncumbe nces and claims ofethers.
I lie Scllcr shall release the Purchaser and its contractors of ony tier From all liability and claims of ony nature
resulling from the pelfonw.tire ofsnch work.
This release shill apply even in the event of Fault of negligence of the party rclensed and shall extend In the
dimctms, oRecn mud employees ofsuch party.
The Seller's cmumcnrnl obligations, including wing my, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be perforated by the Purchnscr.
14. PATENTS.
Whenever the Seller is rcquircd to use anv design, device, material or pmeess covered by letter, patent, trademark
or copyright, the Scllcr 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 danage which it may be obliged to pay by reason ofsnch
infringement at any time during the prosecution or after the completion of the work. In case said cquipecal. 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 men expense and at its option, either procure for the
Purchaser the right to continue using said equipment or parts replace the same will, substantially equal but
noninfringing equipment, or modify it so it bceomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt. make an assignment for the benefit of creditors, appoim a
receiver err trustee for any of the Scllcrs property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definifnns oftemms used or the interpretation ofthe agreement and the rights ofall panic hercundcr shall be
consimal under and governed by the Imes of the Stale of Colomdo, USA.
The fallowing Additional Conditions apply only in cases where the Seller is le perform work hereunder,
including the services of Scllcrs Rcprescr ative(s), no the premises nfathers.
17, SELLERS RESPONSIBILITY.
The Scllcr shall carry on said work at Seller's own risk until the same is Polly cnn.pleted mud acceped. and shall,
in ease ofany accident. destruction or injury to the work and/or materials before Seller's fund completion and
.acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchnscr. When materials
.anti equipment arc furnished by ethers for installation or erection by the Scllcr. the Seller shall receive, unload.
store and ],,radio same at the site and become responsible Therefor as though such materials and/err equipment
were being furnished by the Seller under the order,
IR. INSURANCE.
The Seller shall, at his own expense. provide for the payment of workers compensation. including occupational
disease benefils. In its employees employed on or in connection with the work cowered by this purehose order.
and/or to their dependents in accordance with the laws of the state in which the m'ork is to be done The Seller
shall rise carry comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of at least SJOr.f100 for any one person. S5on otlo Ivor any
one accident and property damage limit per accident of S40g000. The Seller shall likewise require his
contractors, if any, in provide for such compensation and insurance. Before any of the Scllcr or his contactors
enpleyecs shall do ony .work upon the premises nfollocrs. the Seller shall furnish the Purchaser with a cerifrcnte
that such compensation and insurance have been provided. Stich certificates shall specify the date when such
compensolion and insurance have been provided. Such ecr ific i shall spccif, the date when such compensation
and insurance expires. The Seller agrees that such compensation and insumnec shall be moinained until over the
entire work is complocd and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hcrcbv as. hies the entire responsibility and liability for any and nil damage, loss or injury ofany kind
or nature whatsoever to persons or properly caused by or reaping from the execution of the stork provided for in
this purchase urderor in connection herem'ith. The Seller will indemnify and hold harmlec the Purchnscr and any
or all of the Purchasers offccm. agents and employees fmm and against any and all claims, losses, damages.
charges or expenses whether direct or indirect. and whether to persons or pmpaty to which the Purchnscr cony
be put or subject by reason of any act. action, noglem, omission or default on the part of the Scllcr, my of his
contractors, or any of the Sellers or contractors officers, agents or employees. In case any snit or other
proceedings shall be brought Tunnel the Purchaser, or its OITCCM, agents or cmplOyccs at any time on account or
by reason of any act, action, neglect. omission or default of the Seller of ony of his contractions or any Of its or
their officers, agents or crnplryces as Rem,aid, the Seller hereby agrees to assume the de feast, Ili emef and in
defend the same at the Sellers man expense, to pay any and all costs, charge, attorneys fees and other expenses,
.any and all judgments that may be incurred by or obtuined against file Purchnscr Or any 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 propcely of the Purchaser, or said parties in or as a result of such suits or other proceedings,
the Seller will of once cause the same to be dissolved and discharged by giving bond or olhenv ise. The SCIIcr and
his emuracturs shall take all safety precautions, furnish and install oll guards necessary for the prevention of
accidents, comply with all Imes and regndmions with regard to c (eN including, but without limitation. the
Occupational Safety and Hcnllh Act of 1970 and all rules and regulations issued parsumn do,mlo.
Revised 0312010