Loading...
HomeMy WebLinkAbout120140 VARSITY CONTRACTORS INC - PURCHASE ORDER - 3211344City of F6rt Collins _ Date: 03/07/2011 Vendor: 120140 VARSITY CONTRACTORS INC 3720 W 72ND AVE WESTMINSTER Colorado 80030 PURCHASE ORDER PO Number Page 3211344 1of2 This number must appear on all invoices, packing slips and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST / FORT COLLINS Colorado 80521 Delivery Date: 03/07/2011 Z Buyer: OPAL DICK Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT O OODS AND/OR SERVICES, AS NEEDED DURING THE CURRE CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES A D NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUC GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price JANITORIAL SUPPLIES 1 LOT LS 10,000.00 2011 BLANKET ORDER U 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 $1 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 Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-W 502. Federal Excise Tax Exemption Certificate of Registry 84-6000597 is registered with the Collector of LniFare of the Pfuchnscr to insist upon strict performance of the terms and conditions hereof, failure of delay to Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Sellcr in the event of a breach, the aeecpturce of or poyment for goods hereunder or approval of the design. shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specification, cithcr when shipped or clue to defects of any of the swomafics or obligations of this ruchasc order and shall not be deemed a ,,,Cr.wofany right of the damage in transit. may be resumed to you for credit and are not to be replaced except upon receipt of written purehasor to insist ,Pon strict performance hercofor any of its rights or remedies os to any, such goods, regardless instruction, from the City of Fort Collins. of when shipped, received or accepter. as to any print or subsequent default hereunder, nor ,Shall any purported oral nnodificanon or rescission of this purchase order by the Purchaser operate os a weivcr fruity of the toms 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 Fort Collins. Hosseter, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact borne by the Purchaser. Theretofore for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and ,It claims it nmy now have or hereafter Freight Terms. Shipments must be F.O.B.. City of Fort Collins, 700 Wood St_ Fort Collins, CO 80522, unless acquired under federal or state antitrust lots for rich overcharges renting to the particular goods or services otherwise specified on this order. If permisSion is given to prepay freight and charge separately, the original freight purchased m acquired by the Purchaser pursuant to this purchase order bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is ff the Purchaser directs the Seller to correct nonconforming or defective goods by a dale to be agreed upon by file expected From the nearest distribution point to destination, and excess freight will be deducted From Invoice when Purchaser and the Seller, and the Seller thercane, indicates its inability or unwillingness to comply, the PUrelaser shipments are made from greater distance. Troy cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs rssoci ued with mach Stork. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the stoic, municipality. territory or political Subdivision where the work is performed. or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, odes and requiemcats. Authorization. All parties to this contract agree that the representatives arc, 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 tans and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different;cmS and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time Stated can the purchase order and the documents attached hereto. No acts of the Purchasers including, wifhent limitation, acceptance ofpantal late deliveries, shall operate as a %waiver of this prevision. In the event of any delay, the Purchaser shall have. in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, ;he Seller shall not be liable for clamagcs as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable Control and without its fault of negligence. such acts of God, acts ofeivtl or military authorities. governmental priorities fires, strikes. food, epidemics. mare or riots provided that notice of the Conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received 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 reason of the delay. a. WARRANTY. The Seller wamnts that all goads, articles. materials and work covered by this order will conform with applicable drawings, specification, samples and/or other descriptions given. will be fit for the purposes intended, and Perforated with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless fmm any loss, damage or expense which the Purchaser may m((cr or incur on account of the Sellers breach of wamnty. The Scllcr shall replace, repair or and, good. without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the Crows of any applicable wamnty provided by the Seller after fire date of acceptance of the goods Famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials Famished by the Seller. Acceptance or use of goods by the Purchaser Shall not constitute a waiver ofany claim under this wamnty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foceoing narmntics or guarantees, but such liability shall in no event include lass 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 ternms by written chance order. 5. CHANGES IN COMMERCIAL TERMS. The Pani may make any changes to the terms. other than legal terms, including additions to or deletions from the quantities originally ordered in the Sped fieations or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperformance hereunder, an equitable adjustment Shall be mnde. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment bctwcaU the panic vs to any Stork or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated pre Fas on the uncompleted portion of the goods and/or work, for incidental or consequential damages. and that no such adjusmocnt be made in favor of the Seller with respect to any goods which arc the Sellers standard stock. No Such lemhination shall relieve the Purchaser or the Seller crony of their obligations as to any goods ddivercd hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or termination is ordered. R. COMPLIANCE WIT14 LAW. The Seller warm, ads that all goods sold hereunder shall have been produced, Sold, delivered and furnished in strict compliance with all applicable laws and refarldionS to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all cost and damages suffered by the Purchaser es a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, many monies doe or to become due hereunder without the Prior written consent of mile other party. 10. TITLE. The Seller wamnts full, clear and unrestricted title to the Purchaser for all equipment. mmeriala, and items famished in performance of this agreement, free and clear of any and all liens. restrictions. reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees ofsuch party. The Seller's contractor] obligations, including narranfy. shall not be defined to he reduced, in any way, because such work is performed or caused to be performed by the Parchncr. W. PATENTS. Whenever the Seller is required to use any design. device, material or process covered by letter, patent. Iradennark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringemcnl by reason of the use of such patented design, device, material or process in connection Stith the contract, and Shall indemnify the Rmehaser for any Cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment. or any .an thcrcof car the intended use of the goods, is in such suit held to constitute infringement and the use of Said cquipmcnt or pan is Council. the Seller shall, at its man cspcnsc and at its option, either procure for the Purchaser the right to continue Using Said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes monin Gimping. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt mnkc an assignment for the bereft of creditors, appoint a rceciter or Trustee for any of the Set lees prope or or busi ncss, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The defnitioas ofemms used or the interpretation ofthc agreement and the riglix ofall parties hoarder shill be consumed under and governed by the Imes of the State ofCalomd.. USA. The fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represcntatiwc(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall entry on said work it Seller's men risk Until the Same is filly completed and accepted, and doll, in case of any accidcal, destruction or injury to the work and/or mmcria IS hCr)M Seller's final completion and acccptan cc, complete the work at Seller's own expense and to the satisfaction of the Pu rehzscr. When materials and cquipmcnt ore famished by others for installation or erection by the Seller. the Seller shall receive, nnlond. store and handle Same at the Site and become responsible therefor is though Such materials and/or equipment were being famished by the Seller Under fire order. IS. INSURANCE:. The Seller Shop. at his own expense. provide for the payment of workers compensation, including occupational disease beneBls, to its employees employed on or in connection ",fill the walk covered by this Purchase order, and/or to their dependents in accordance with the lams of the state in which the Stork is to be done The Seller shall also tarty connprchensive general liability including, but not limited to, contractual and outomobile public liability insurance with bodily injury and dcoth limits of cat lerr S300,000 for env one person. S500.000 for my 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 do any work noon the premises of others, the Seller Shall fimmi.ah the Purchas" with a certificate that such compensation and insurance have been provided. Such eeni5cmcs shall Specify the date when Such compensation and insurance have been provided. Such certificates shall ,,city the date when such compensation and insurance expires. The Scllcr agrees that such compensation and insurance shall be maintained Until offer the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes 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 the execution of the work provided for in this purchase order or in connection herewith. The Seller Swill indemnify, and hold harmless the Puehuscr and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses whether direct or tndircel, and whcthcr to persons or pmperty to which the purchaser may be Put or subject by reaen of any ac, aclion, neglect. omission or default on the part of the Seller, any of his emUTTCl rS. or any of the Sellers or contractors officers, agents or employers. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or enmployccs at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same it the Sellers own expense, to poy any and all costs. charges, nllomgs fees and other expenses. any and all judgments that may be incurred by or obtained aeninst the Purchaser or any of its or their afficcrs. .agents or etnployce in such suits or other 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 m once cause the Santa to be dissolved and dischnmcd by giving bond or otherstise.'Ilie Seller and ]Its controctorS shall like fit safety prccamions, furnish and install all geards necessary for the prevention of ,edders. coon ply wish all Inws and vgutafco, with r,Sol to Safely including, but without Iimitatian, the Occupational Safetyand Health Act of 1970 and all rides and regulations issued p minuou thereto - Revised 03/2010