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Home My WebLink About120140 VARSITY CONTRACTORS INC - PURCHASE ORDER - 9100141aty.of PURCHASE ORDER PO Number Page Fort Collins 9100141 1 ors his number must appear on all Invoices, packing sit and labels. Date: 08/25/2010 Vendor: 120140 VARSITY CONTRACTORS INC 3720 W 72ND AVE WESTMINSTER Colorado 80030 Delivery Date: 01/06/2010 Note: Ship To: FACILITIES DIVISION CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS Colorado 80521 JAMES HUME Line Description Quantity Ordered UOM Unit Price Extended rnw a Addendum 1 LOT EA 891000.00 23 addn'I buildings 9 Addendum 1 LOT EA 8,100.00 Recycle transporting 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:970-221-8775 Fax: 970-221-6707 Emall:purchasing@fcgov.mm Total $97,100.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 L COMMERCIAL DETAILS. It. NONWAIVER Tax examptions By sbNn, the City of Fort Collins is exempt firm ante and Imal bx,. Our Exemption Number is Failure of Me Purchaser to in.id upon mrict perfmmnce of the, so' W d, " hereof, failure m delay t 98-0 502. Federal Excise Tax Escarpment Catifem of Regimy 80-600058T is seiFmered send, 6e Collector of diddie any rights or remedies providW hmM m by law, failure m DenRsly nmNy the Selerr m the evert of a human, Ravenna, Never, Colorado Get. Colorado Revised Snmbe 1973. Chopped 39-26.114(a), branch, the .,On- ofm payment fan goods hereunder or apt Mofthe deign. shall draddeso Me Seller of be demand . waiwo of any Gonda Rejoined. GOODS REIECTED it. mfailure m meol specifcam,WMa wM1rn shipped ar due tOf wo a Fn3'°fit nest upon maim pm mencethis hobalf. nary of its rigbb ar�senadM as ar by such goods, will. damage in amen, may ba rearmed t you fr credit ad are red to be replaced except upon moeNt of wriarn P°r° default bane , one aball may panParted immuctlons from the City of Fort Collins, of when shipped received or <Of this m hi my, prim or 1 Force. onl mdifiuHm or rcaissi. of this pmhw seder by the Purehaser operab as a waiver of any of the tams Inspection. GOODS m subject to the City ofFon Collias inspection. eeriveL intent Final Acceptance. Receipt of Me merchandise, services or equipmnt in reamanm to this ceder can result in authorized payment an the mart of the City of Fort Collie However, it is to be understood that FINAL ACCEPTANCE ts dependent upon completion ofall applicable required inspection podulted Freight Terms. Shipments must be P.O.B., City of Fort Collins, 700 Wad St., F. Carrie, CO 80522, unlw oferwiee specified on this cold, If permission is given to Impay freight and charge eepar ately, the original freight bill most accompany invoice. Additional changes fan packing will rot he negso d ShiMmt Distance. Where manufactumm have dimeinating points M vaioua pub of the country, shipment is xp eected from the nnrcnt distnofon point indntilmnd tlan, eeado freight will be dductd From Imdce what shipments ere made Rom greater distance. Pamirs. Seller shall procure at tall- tale wl all n,essary Perm, cerficmn III re It.. ,bed by all applicable lows, regulaona odimncea and role, of the mw, municipality, harbor, or polifnl mdivietoa where Me was is pesfom,ed, d required by say other duly contended public authority having jurisdiction aver the wok lam Of ares by themr, by no. of m waes to mld line nted m esty of Fort Collins stablisfd olsao of any surf h has, ropleri.end ittiontiont lA Ordinances,ty mles .it requlremems. Autharinton. All pares in this ca aam agree that 6e raddeonfives se, in fact, bona fide and Finds full and controls authority N bid mid parfen LIMITATION OF TERMS. This Pmhw Order expressly limit acceptmce m the terms ad candidates meted herein not forth and any supplementer, or additional torso and candidates eanand header or incmpomced herein by reference. Any additional. diReeent harms sad conditions proposed by selld ere obj.W Nand hereby ojec0.d. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if y. mand nation --flees aipam to move on y.r promised delivery dw as nand. Time is of6e mmm. Delivery and Performance mast he'NOdrd within to time nand on the inundation oiler end the dmmew attached hereto. No more of the Pmhueb including, wihout Roundup. acceptance of partial late de iveries, shall opmce as a waiver of this pimis ar, m the event cloy delay, the Purchamr aba have, in Within N o6n legal and cannoble remedies, the spit' off"ung the oiler ehewhm and holding the Seller liable for damages. However fine Sella shall nor be liable fan daragn as a results of delays due to censor not reasonably foreseeable which an beyond its reasonable emml and oth.t its Sauk ofnall"grnce, such on of Gad, aced of civil in militsry awhorites, govmmentsl prorttin, fans, stakes, fad, epidemics, wars or rids provided Mat notice of the condidem caving Inch del, is given N the Furchmer othin five (5) drys of the time what the Seller fact received knowledge 6maf. to 6e event of any Inch delay, the done of delivery shell be dr m, for the posted most to the time emally lam by reason mfthe delay. 3. WARRANTY. that all gvadt articles, materiels an work covered by this order will conform safari applicable fobs, nmpin anE/m other descriptions given. will be tit for the plvpmes Imnde4 red higher degas of care and compamce in accordance with accepted standards fan wok of n Sell, egeces m hold the purchaser ho to. from say loon, dwa, or expense which the incur, as ram in of Me Seller breech ofwnmery. The Selia shell mind. repair. make o the pmchexr. a,ry dmecb or &Wb no ins wham me (1) year or within such longer perind of ..._.____......_...r.,,,,.,.v-uo..vw,.nry nervidd by the SelleraRer Me dell of q. CHANGES IN LEGAL TERMS. The Purchaser may make change to legal brans by wooer, than, order. S. CHANGES IN COMMERCIAL TERMS. The I4mhastt may mesa my eM1enges N the boo, o6er Mm legal terms, including addition to or deldm From the quantities originally ordered in the andifiatiw or dram,, by void, ds.a0.11 pandded If any each chan,affous the amount don or the time ofpmmd erfo eeM1munder, an equadjustment 12, ASSIGNMENT OF ANTITRUST CLAIMS. Sella add the Purchaser recognise Mat in scael em me mactice. overcharges resulfing flora mtinum violates m in fact bane by the furchmer. therwfm, fan goad aura end em considered. fin mccufng this purchase order, the Seller hereby emigres to the Purchaser may and all claims It may now have in hereafer sryuird undo federal or ems arisen laws fix Inch ovmD,an,e relating to As perticular lands ar mrvidd purchased or acquired by the Purchaser loosened m this produces Order 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Furch user directs As Seller s.0 mnu.Nmivg as defective grade by a date in be agreed upon by the Purchaser end the Seller, and Me Seller femfler i ii,som its ht,,14 in u.taia,em to comply, the Furchama may aom the wok m be performed by the mom expeditions mew aveliable an it ad the Seller shall pay ell even di ocinbd with Inch wok. The Seller anll release the Purchmm and its e.aamom of any der form ell liability and claims of my a— remlting fern the perfommce of Inch wok. This relmse shall apply even in the event of Mull of negligence of to panty released and shell extend to the directs, oRced and employees i fauch parry. The Sellers economical obligations, including wmnnty, shell nab be dmmd to be reduced, in any way, became Inch war, is pert ed or consul to be perfumed by Me Purchaser. I/.PATENTS. Whenever the Selina is required to ame an, design, device, momeal mprocme ewerd by lean, patent asdemar, or mpya ht the Sella Mall eminently and rave hmmbm the purchuer from any end III claims fan minimums by anon of Me um of much masewd it.,,, device, meterel m prom¢ to connection wind the Imam, and shall indemnify the Purchaser fan any mt expense of damage which it may be obliged to pay by reason of mob in(nngemen[ et any time during the pram lion or ofm 6e cnnplaon of&. wok. In cone said equipment, or any pa 6eredm the ended an Of the goods, is is such and held N ewtiure Infringement end the use of mid equipment or part is anjdrnd, the Seller shall, It a own expense sand atlas option, either procure for she Purchaser the right to m. min, mid equipment m lard, rclrhad the name with submmfelly equal bed noniNringing equipment, or modify it o it becomes n.infringing. 15, INSOLVENCY. If the Sell. shall become insolvent ar bmWups, make mr sm'Wthia nan fin n e but it Of becanceledb yin receiver or tsetse for any of the Sellers property or may the Pumhater without liability. 6. TERMINATIONS. The podium may at may time by wmmer cone, order, tsmUnme 615 ngreenent as N any in all Pmfim of the am& then not shipped subjed to mry equfteble djasmmn bdwem the Pares as to arty wok or metrala then in pram— provided that the Purchaer shall rem be liable far any claims for emtcipbd profit. on the uncomplmd Fad. of the emadi antler wor,, for incidental m conmquent d damages, ad that no each injudicious be made tin favor of the Salim with teapot m any goods which m the Sellers st.derd mock. No such communism shell relieve the Pmrchanr or the Seller of any of their obligations as to any gals delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for djatmmt mum be smeaed within thirty (30) days from the doe the change in tornm anion is ordered, S. COMPLIANCE WITH LAW. The Seller werraob fad all Spada Bold hmunder ¢hall have hem produced old, deltvmd and fmuhed b wd compliance with ell mpplicnble have and re,fafims m which the geode me subject The Sell. 0.11 exeunt and deliver Inch dacumdts as may be returned N "Had en evidence complieme. All less ed regulate rcquhed m be incorporated in alma mein of this eM1ascbr am hereby incorporated herein by Mis rol.. The Seller ngea N indemnify and bold 6e Purohaer hands. from all end add damages suffned by the Pmheser m a reach of 6e Sell— failure to amply whh such law. 9. ASSIGNMENT. Neither party shell soup, transfer, or convey rbis od, or any monies due or N b,ome due hermn ld without the prior written consent *too oMm party. 10. TITLE. The Seller women full, Clem Ind maremricred fill't'the Purchaser tin all equipnent, mnimall. and items fumllhed in posthumous of this agreement free and clear Of any and all lions, evere i.x mountains, an"o rered mcumbmces ad claims of offices. 16. GOVERNING LAW. The definition oftemm used msm interpretation ofhh agreement and Me rights ofell parties hereunder shell be canted under and, 8osmed "a haws of Me S.e ofCulotedo, USA. The following Additional Conditions apply only in does whm the Seller ie an pdfom wok himmder, including the services of Seller Representsfve(al, on she prembeas ofdhm. IT. SELLERS RESPONSIBILITY. The Seller shall carry on mid wank at Sellers own rik unfit the name u fully mmplcced and eceephd. and shall, in case of nary accident, dnnuction m injury to the the k mahm materials berm Selless foul —Fission and sommuce, complain the wmI at Sellers own espouse and to the mtsfection of thc Furchumr. When materials III tore and handle mme Modified e rat do sift end far remspoonm'ble the ref. ea Omega Inch ScII�.halandOn , unload, quip. were being famished by the Selina under the order. 18, INSURANCE. The Seller shell, at his own samem, provide for she prymeat of worker cmprnestion, including moupntiml disease benefit, t its employ. employed on or M connection with the wok covered purchase this purcheorder. and/or to their dependent" M accordance Vidathe laws of the abut M which the wok is to he done. The Seller shall also arty comprehensive general liability Including. but no limia d to, conaamal and autmabile public liability insurance with bodily injury W dea6 limits of at lam $300,000 fan eery man Person, g500,000 fine my n accident ed property damn, limit par ocidm of S/00,000. The Seller shall likewise require his omme ctms, if my, to provide rim Inch coorpmunfom and inemance. Begin, only of Me Seller or his mntnctme employed she do any wok upon the Freedom of others, the Sella shall famish the Purchaa, wi6 a canifieere that Inch cmpmmfion and insurance have been provided Such certificaas shall specify fe date when such ornamentation and insurance hove Not provided. Such catificwr shall modify the data when such mnpdmtion and inm.,ce expires. The Sell. dren than Inch.mpenmfion end in-- shall be maindiued unfit °tier the entire wok is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sell, hereby women the entire responsibility end liability fin any and all damage, loon in injury ofeny kind d nature whatsoever an pamrn or property tensed by in reInlfiog from the execution offe war, provided fain this pumhme odor in in covnedm herewith. The Sell,wfll indemnify and hold hmmlw the lurchased and any or ail of the Turcne. officers, agora and employees flom and s,tnm my and ell deems, losses, damages, chug, Or mperua, whether direct m bathed, and whether to penohu m property an which the Furchaeer may b' put or object by teas. of any mt action, neglect massive or default on the pa of 6e Sella, my of his c.tm acid, we any of the Sell- at ontred- aRc-, drab m employees. In cue any sett or other proceedings shell be brought a,htm the Rnchuer, a in ofifceb, a,w mempioym many time on mcmm m by reason of arty ad, action, negket. mission m default of M. see. of ary of his connect— or any ofib or their off.-, agents or employ— a afomaid, 6e Sella hereby, agrees to wane the dmme thereof ad to defend the more at the Sellers own expense, N pry any and all crab, chmgm, atmmeys fan and o6a mPenoe, any and all judgmmd that any be invented by or obtained n,imm 6e Panned, or an, of its or their oMo., a,nb or dr loyeea in Inch suit or rahm proceedings, and to cue judgment or dh, Her be Placed upon an obtained against the pmpaty otthe purchaser, m mind puts, orm a e result of such mid or oxen Proceedin,, the Seller will at once main the note to be dissolved day discharged by giving hand mothdwim. The Sallm and his conumtm shell bake ell safety pecaaoas, finish and mall .11'emdl ncd mery fan the preventon of accidents, cmeply with all Incas ad .,la.a wif regal t infaymotto ng, but without limhatim. the Oaumafimend l Safety Haabh Ad of 1970 and all rule. and re,n lome nued pmmgnt Memm. Revised Molt