Loading...
HomeMy WebLinkAbout101359 EVERGREEN TENNIS COURTS - PURCHASE ORDER - 9147311PO PURCHASE ORDER 9147311 Page C1171 of PURCHASE 47311 1012 Flirt Collins( his number must appear !-\V`I ` V 1 1 on all invoices, packing sli s and labels. Date: 12/10/2014 Vendor: 101359 Ship To: RECREATION DIVISION EVERGREEN TENNIS COURTS INC CITY OF FORT COLLINS 2332 FOUNTAIN DR 215 N MASON LOVELAND CO 80538-3537 FORT COLLINS CO 80521 Delivery Date: 12/10/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price Quick start Tennis Courts 1 LOT LS 20,000.00 PER WORK ORDER DATED 12-10-14 PER TERMS AND CONDITIONS OF PSD AGREEMENT 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@fcgov.com Pay terms net 30 days 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fart Collins is exempt from state and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 94-600058I is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the temps and conditions hereof. failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sismms 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein Or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or Payment for goods hereunder or approval ofhe design, shall not release the Seller of Goods Rejected, GOODS REJECTED due to failure to meet specifications, either what shipped or due to defects of any of the warranties or obligations of this purchase order and shall cot he deemed a waiver of arty right of the damage in mnsit may be rammed to you far credit and are not to h replaced except upon receipt of whom purchaser to insist upon strict performance hereof or any ofits rights or remedies as to any such goods, regardless instructions from the City of Fos Collins. of when shipped, received or occipital, as to any prior or amps umt default hertunder, mr shall any purposed anal modification or rescission of this purchase order by the Purchaser human, as a waiver of any of the terms Impxtion. GOODS am subject to the City of Fos Collins impxtion m arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. anthonzed payment on the part of the City of Ton Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in atual economic practice, overcharges resulting from antitrust ACCEPTANCE i5 dependent upon completion of all applicable required inspection procedures violations are in fact home by the Purchaser. Theretofore, for gaol 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 heremer Freight Tern¢. Shipments must be T.O.B., City of Fan Collins, 700 Wood St., ran Collin. CO 80522, unless acquired under federal or state antitmst laws for such overcharges retuning to me particular goods or services otherwise specified an this opt if permission is given to prepay Bright and charge seprommy, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must uncommon, invoice. Additional chances for oackin , will am be accented. Shipment Distance Where msnufacmaers have disnrfunw, pomm in am. pass of the country, shipment is expected from the nwmat distribution point to destination, and excess freight will be deducted from Invoice what shipments am made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rates of the state, municipality, terrlmry or political subdivision where the work is performed, or required by any other duly com ored public authority having jurisdiction over the work of vatdor. Seller Pusher agrees to hold the City of Fort Collins bmmless from and against all liability aud loss scarred by them by reamn arm woomed or established violation of any such laws, regulations, ordina en, rules and requirements. Authoriulion All panic, to this contract agree that the representatives arc, in fact, bona fide and possess full and om alse aumonty In bind said parries. LIMITATION OF TERMS. This Purchase Under expressly limits acceptance to the terms and conditions stated herein Set both and any supplementary in additional terms and conditions owned hereto or approached herein by reference. Any additional or different mutts and conditions proposed by seller am objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you amaa make complete shipment o arrive on your promised delivery date as noted. Time is of the aaxence. Delivery, and performance must M eRated within the time stated on the purchase order and the drammm attached hereto. No earn of the Pmchwas including, without limitation, acceptance ofpatiai late deliveries, shall operate n a waiver of this provision. In the event of any delay, fl c Purcbaser shall have, in addition to other legal and equitable aniedin, the option urinating this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as . result of delays due to causes not reasonably foreseeable which are beyond its reasonable cannot and without its fault of negligmce, such spas of GpxJ. acts fcivil or military authorities, govemnrmtal prani ies, fires, strikes, flood, epidemics, wars. no¢ provided Oat notice of the conditions pausing such delay is given to the Purchaser within five (5) days of the rime what the Seller firs, received knowledge thereof. In the event of any such delay, the date of delivery, shin be extmdedf the pencil caus!to the fine.tally lost by mason ofshe delay. 3. WARRANTY. The Sella warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples wagon other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a imnan namre. The Seiler agrees m hold the groame, hamlcss from any loss, damage Or expense which me purchaser ray suRer or incur m azcowr of rho Sella breach of waranry. The Seller shall replace, repair or make good, without cast to the purchaser, my defettx or faults wising within one (1) year in within such longer period of ,imp as may ho prescribed by law or by the temp of my applicable wartanty provided by the Seller after the date of whapomce of the goods famished hereunder (.cepraner nor to be, unreasonably delayed), resulting from imperfect or defective work done or mmmals furnished by the Seller. Aompimre or use of goods by the Purchaser shall not aatimte a waiver of my claim under this warranty. Except in omerwdae provided in this purchase order, the Sellers liability hereunder sholl expend to all damages proximately caused by the breach of my of the foregoing warranties or guarantees, but such liability shall m no event include lose of profits or loss of use. NO IMPLIED WARRANTY OR M ERCI IANI'ABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. The Pochoses may make changes to legal temp by wrinen change order. 5. CHANGES IN COMMERCIAL TERMS. The purchaser may make any changes to the team, ether than legal terms, including additions to or deletions from the gamines originally ordered in the specifications or drawings, by verbal or wonen change order. If any such change affects the amount due or me time of performance hereunder, an equitable adjustment shall ho made. 6. TERMINATIONS. The Purchaser may al any time by wriurn change order, mnminam this ogramem as to any or all ponioa of me good then not shipped, subject m any scramble adjustment benxm the parties as to any work or materials then in progress provided that she Purchaser shall runt be liable for any claims for anticipated profits on the uncompleted potion ofine goods angor work, for incidental or consonantal tal damages, and that no such adjustment be made in favor of the Seller with respect a any goods which art me Sellers standard stock. No such termimtim shall relieve Ore Purchaser or the Seller of any ofineir obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be internal within thirty (30) days from the dam the change or teromation is ordered. 8. COWLIANCE WITH LAW. The Seller warrants dust all goods sold hereunder shall have been produced, sold delivered and f amuMd in strict compliance with all applicable laws and regulations to wldch the goad art subject The Sella shall exam a and deliver such detriments in maybe "impal to effect or evidence compliance. All laws and regulations rational to be ncorpomted in agreements of this charoder are hereby incoryoated herein by this reference. The Sella agree to indemnify and bold the Purchases harmless from all costs and damages su@red by the Purchase, as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Hall,er Ivry shall assign, number, or canary this order, or any monies due or to become due haremda without the prior written cmuent of the other part, IO.TITLE. The Sella warrants full, clear and unrestricted title to the Purchaser for all cauipment, materials, and items famished its performance of this agreement firer and clear of any aud all liens, restrictions, reservation, security interest encumbrances and claims ofolhers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Pumhastt directs the Seiler to correct nonconforming or defective good by a date to he agreed upon by the Purchaser and the Sella, and the Seller thereafter indicates its inability or onwillingness to comply, she purchaser may, cam the work to be performed by the most expeditious mesa available to it and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting tram the performance Ofsuch work. This ¢lease shall apply even in me event of fault of negligence of she patty, aluucd end shall extend m the directors, oRcers aud employees Of such patty. The Sellers contruvud obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14, PATENTS. Whenever the Seller is required to use any design, device, material or precess covered by later. patent trademark bycopyright, the Sella shall indemnify and save hannla, the Purchaser fromany and all claims for infringement rw n of the use of such wanted design, device, material or process in comertion with the roam.t. and shall indemnify the Purchaser for any coo, expense or damage which it may , obliged to pay by maxim of such infringement at any date during the pmosaution Or after the completion of the work. In case said equipment or my pod thereof or the intended use of the good, is in such suit held in coatimm infringement and the use of said approach, or pad is enjoined, the Seller shall, at its own expense and at its option, either prOcmre for the Purchaser the fight to continue using said equipment or Pans, replace the same with substantially equal but naninfringing equipment at modify it no it becomes nounnfringing. 15. INSOLVENCY. If the Seller sholl became insolvent or bankrupt make an assignment for she bereft of caditors, appoint a renown err tmxtce for my of Use, Sellers pmpemry or business, this order may goodwill, be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and due rights ofall panics hereunder shall be conswed under and governed by the laws Ofthe Stale of C.Ina ., USA. The fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the savic. of Splle s Represenmrive(s), on the pmmuw of rimers. 17. SELLERS RESPONSIBILITY. The Seller shall carry an said work .1 Sellers own, risk and Use same is fall, completed and accepted, and shall, in cue of my accident destruction or injury to me work angm materials before Sellers foul completion and acceptance, complex, the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or cream. by the Seller, the Slier shall aceive, unload, store and handle same at the site and become res onsible therefor as though such materials angor equipment were being Nmished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide forme Payment of wohers comparepation, including occupafioal doses. benefits, to its employees employed oa or in connection wish the work covered by this purchase order, sods., to their dependents in accordance wim the laws of the state in which the work is m be, done The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance wish bodily injury and death limits of at lea, S300,000 for any one person, $500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise whatire his contractors, if any, in provide for such compensation and insurance. Before any of the Sellers ar his contractors employees shall do may work upon the Premises of others, the Seller shall fical the Purchaser with a certificate that such compensation and insurance have been provided. Such ecnificmes shall specify the date when such compensation and insurance have been provided. Such saffiwta shall specify the dale when such compmsation and iomm nce expires. The Seller ogees that such compensation and iaurmce shall be mommined until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from due execution ofee 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 my and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property, to which the Footrace may he put or subject by ream. of any cot actu n, nnghea, omission or default on me FOR of Use Sella, my of his comracios, or any of she Sellers or amorphous officers, agents or cmploy na. In case my war M often pmaccdings shall he brought against the Purchaser, no its Officers, ,On or emPloyas. my time on..unI or by reach of my act .don, neither, omission or default of the Sella of my of has contncmrs in my of its err their agars, agents or employers as of gasid, me Seller hereby agates on assume the defense therof and to defend the same at the Sellers own expene, to Pay any ad all costs, charges, anhmrys fees and outer expenses, any and all judgments that may be incurred by or Obtained against the Purchnser 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 property of she Purchaser, or said parries in or as a result of such suits or other proceedings, the Sella will at once cause the same to be dissolved cad discharged by giving bond or otherwim. The Seller Our his contractors shall take all safety promotions, famish and instill all guard necessary for the Prevention of accidents, comply wim all laws and regulations with regard no safety including, but wilhom hommaim, the Occupational Sultry and Hwlth Act of 1970 and all roles and ragularions issued pursuant ft.. Revised 07n014