Loading...
HomeMy WebLinkAbout101359 EVERGREEN TENNIS COURTS INC - PURCHASE ORDER - 9143993PO PURCHASE ORDER 914399er Page City of PURCHASE 43993 1 of 2 ' `tCollins/ This number must appear ` v on all invoices, packing sli s and labels. Date: 07/16/2014 Vendor: 101359 EVERGREEN TENNIS COURTS INC 2332 FOUNTAIN DR LOVELAND CO 80538-3537 Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS CO 80521 Delivery Date: 07/16/2014 Buver: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Crack Fill Rolland Moore Tennis Courts per invoice 2014-142 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@fogov.mm 1 LOT LS 6,599.20 Total $6,599.20 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 1_ � 'll .1• 111 1 Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By stamede the City of Fon Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. FNerel Excise Tax Exemption CMificate of Registry 84fi000581 is registered with Ile Collector of Internal Revenue. Drover. Colonel (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure in men specifications, either when shipped or due to defects of damage in transit, may be atumed to you for credo and we not to he replace except upon receipt of woolen transactions from the City of Fan Collins. Inspection. GOODS are subject to the City of Fiat Collins inspection on arrival. II. NONWAIVER. Failure onhe Purchaser to insist upon saer performance of the tams and condition hereof. failure or delay to exercise any rights or remedies provhled herein or by law, Nllme to promptly notify the Seller in Be, event of a brach, be acttpmntt of or payment far goods hereunder or approval ofthe design, shall not relene the Selln of any of the warranties or obligations, of this purchase order and shall not he deemed a waiver of any right of the pochascr to imist upon stncr perfmmance hereofor any of its rights of remedies n to any such gods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, not shall any purported road modification or rescission of this purchase order by the PwEwa operate as a waiver of any of the terms hereof. Final Acceptance. Receipt of the merchwdem, servacco or equipment in mporsse as this order can result in 12. ASSIGNMENT OF ANTITRUST CLALMS. auNonad payment on the pan of the City of Fort Collins. Howineq it is m be understood that FINAL Seller and the Purchaser recognize that in when economic practice, oombear n resulting from antitrust ACCEPTANCE is dependent upon completion wall applicable required inpecron procedures. rawwwn art in fact home by he Puah sec. Thereof ere, far good cause and as consideration for executing Nis purchnu laic,. the Seller hereby assigns to the Petulance any and all claims it may now have or bemafer Freight Terms. Shipments mare he F.O.B., City of Fan Collins, 70d Wood St, Fort Collin, CO W522, unless othetwee specified an this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges far parking will not be.acried, Shipment Distance. Where ntanufaaurers have distributing points in various pans of the country, shipment is expected from the nearest disribourn Point m destination, and excess freight will be deducted from Invoice when shipments arc made from gmmer distance. Permits. Seller shall procure at sellers sole cost all necessary pennies, certificates and licntses required by all applicable haws, regulations, ordinances and roles arms state, municipality, mniiory or political subdivision where the work is performed, or requited by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Collins harmless from and against all liability and loss ,winned by hem by reason of va assmnd of established violation of any such laws, regulations, ordinances, mas and requirements. Authorization. All prodics 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 terns and condition stated herein set foM and any supplementary or additional icons and conditions armexed hereto or incoryomted herein by reference. Any additional or di@rem terns and conditions proposed by seller one objected to mad hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot male complete shipment to arrive on your Promised delivery date as noted. Time is of the camme. Delivery and performance must be effected within the time smeed on the purchase order and the documents atnchd harem. No acts of fee Purchasers including, without Bandolier, accvptana of partial late deliveries, shall operate as a waiver of Nis provision. in the, event army delay. the Purchaser shall have, in dditima to other legal and equitable remedies, the option ofpladng this order elsewbca and holding the Seller liable for damages. However, the Seller shall not be liable for damages to a result of delays due to woos not reasonably foreseeable which are beyond its rersoable control and without its fault of negligence, such acts ofGd, acts fcivil or military authorities, governmental prionan, fires, smiles, flood, epidemics, wars or noes provided that notice of the conditions caning such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the cent of any such delay, he &te of delivery shall be extended for the prod equal to the time actually last by reason of the delay. 3. WARRANTY. The Seller warrants that all gods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other description 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 loss, damage or expense which the Purchaser may sutler or incur on account of the Sellers breach of wvrmany. The Seller shall replace, repair or make Read, without cost to the purchaser, any defects or faults tensing within one (1) year or within such longer period of time as may be prescobd by law or by the terms crony applicable warranty provided by the Seller after the dam of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting form imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Seller liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such limi In, hall in no event include loss of profits or less of we. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF ED NESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchase may make changes to legal toms by within change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make very changes to the menu, other than legal mow, including edition to or deletions from the quantities originally ordered in the specifications or drawings, by veinal or waihen change order. If any such change affects the amount due or the time of perfooname hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wnum change main, terminate this agreement as to any or all portion of the good then not shipped, subject to any ismimble adjustment bemeen the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims far anticipated P-fis on the uncompleted portion of he goods and/or work, for incidental at casegnential damages, and that no such adjustment be made in favor of the Seller with mpecr to any goods which on, the Sellers sundard stock_ No such mrmivation shall relieve the Purelower or the Seller ofany of their obligation as to any good delivered hereunder. t. CLAIMS FOR ADJUSTMENT. Any claim for ejntment most be asserted within 11 (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW, The Seller woman¢ the all gwls sold hereunder shall have been prdaced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations require to be incorporated in agreements of this character are hereby incorm rated herein by this reference. Ile Seller agrees to indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither puny shall assign, transfer, ter convey this order, or any monies due or to became due heeunder without the prior written consent of the other party. 10. TITLE, The Seller warrants full, clear and unrestricted title to the Purchaser for all yuipmrnL mamnab, and items furnished in performance of this egrecmem, free and clew of any and all lien, restrictions, reservation, security interest encumbrances and claims of others. acquired under fecal or same antitrust laws far such overcharges reining to the particular gods or services purchased or acquired bythe Purchaser pursuant to Nis purchase will 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to c-11 nancanhrming m defective gods by a dale to be agree upon by the Purchase,and the Seller, and the Seller thereafter m fter indicates its inability willingness to comply, the Purchaser may camthe work m be perforated by the most expedition means available to it. and the Seller shall pay all rosy associated with such work. The Seller shall release the Purchaser and its contoadons of any tier from all liability and claims of any nature resulting from the pefforrance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers old employees ofsuch Party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduce, in any way, because such work is perfoaned or caused Ira be performd by the Purchner. 14. PATENTS. Whenever the Seller is required to we any design, device, material or process covered by Iwer. Patent, hatemek 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 in damage which it nay be obliged to pay by sawn of such infrngement at any time during the p.arm. or Be,aelm completion of the work. In sub said equipment, or any pan thereof or the ianerrded use of the goods, is in such suit held to romnimte infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, tither procure for the Purchases the right to continue using said equipment or poses, replace the same with subsmmially equal but noninfringing equipment, or modify it m it becomes noon nGnging. 15. INSOLVENCY. If the Seller shall become insolvent or baNaapt, make an assignment for the benefit of traitors. appoint a anceiver or two, for any of the Sellers property or belituss, this robot may forthwith he would by the Purchaser without liability. 16. GOVERNING LAW. no defailion of teen ere or Ne interpretation of the egreemenr and the rights of all panics hereunder shall be consumed maker it governed by Ne laws ofhe State of Colorado. USA. The following Additional Condition apply only in cases where the Seller is to perform work hereunder, clueing the service of Sellcrs ReprescnmoveU), on the itemises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's awn risk until the same is fully completed and accepted, and shall, in e of any accident. destruction or injury to the work and/morn, before Sellers final campdoleand n accor m eptance, complete the work at Sellers own expense and to the satisfaction of the Purchase, When materials and equipment arc furnished by others for installation or erection by the Sells, the Seller shill receive, unload, stare and handle more at he site and become ropoasible therefor as though such materials ardor equipment .we being famished by the Seller under flue .,do, 18. INSURANCE. The Seller shall, at his awn expense, provide 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 rotor, maker to their dependents in accordance with the laws of the state in which the work is to be done The Seller shall also carry comprehensive general lisbility including, but not limited to, contractual and automobile public liability inwance with belly injury and death limits of at lout 5300,000 for any rare person. S500,000 for any one accident and progeny damage limit per acctdem of 5400,000. The Seller shall likewise require his contractors, if any, as provide for such communication and insurance. Before any of the Sellers or his contractors employees shall do any .,it upon the premises of others, the Seller shall f ish the Purchaser with a certificate that such compensation and coal have boon proWdd Such ccrtifwtes shall specify the lac when such compensation and inuuance have been provided. Such conificates shall specify the date when such wmpenation and insurance expires. The Seller agrees that such compensation and insurance shall he mainmind until after ere entire .,it is completed and acreptd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller Fondly assume, he entire responibiliry ad liability fro any and all damage, loss or injury army kind or ante whatsoever to person or property wised by or resulting from live execution ofthe work provided for in this pumbase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser ad any r all of the Purchasers oBicer , agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to person or progeny to which the Purchaser may be put or subject by reason of any ac4 whom region, omission or default on the pan of the Seller, very of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against he Purchaser, or its officers, agents or employees at any time on account or by rer on of any act, action, neglect, omission or default of he Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, he Seller hereby agar to resume the defirise thereat and to defend the same m the Sellers own expanse, to pay any and all costs, charges, auomeys me, and other expenses, any and all judgments that may be incumd by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or mhcr proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cane the same to be dissolve and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, fmnlsb and install all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, bra without limitaion, the Occupational Safety and Health Act of 1970 and all roles and regulation issued pursuant thereto. Revised OIR014