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HomeMy WebLinkAbout120140 VARSITY CONTRACTORS INC - PURCHASE ORDER - 9110107 (2)City of �„ art Collins Date: 03/14/2011 Vendor: 120140 VARSITY CONTRACTORS INC 3720 W 72ND AVE WESTMINSTER Colorado 80030 PURCHASE ORDER PO Number Page 9110107 1 1o12 This number must appear on all invoices, packing sli s and labels. Ship To: FACILITIES DIVISION CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS Colorado 80521 Delivery Date: 01104/2011 Buyer: JAMES HUME N ote: Line Description Quantity UOM Unit Price Extended Ordered Price 9 Addendum Addn'I svc & supervision 1 LOT EA 29,979.00 Total $29,979.00 Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tcrms and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fon Collins is exempt Form state and local tasa. Our Exemption Number is 11. NONWAIVER. 98-04502, Fcdaal Excise Tax Exemption Ccnificale of Rcgisry, 84-6000597 is registered with the Collector of Failure of the Purchaser to insist upon strict pert rmanee of the teme, and conditions hemp(, failure or delay to Intermit Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). exercise any rights or remedies pmvidcd herein or by law, failure to promptly notify the Seller in the event of n breach. the acceptance ofnr payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the wamnlics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit may be retuned to you for credit and are not to be replaced except upon receipt of written Purchaser to insist upon strict performancc licomfor any of its rights or rcnedies as to any such goods, regindless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any poor or subsequent deLnth hereunder, nor shall any purported omI modification or remission of this purchase order by the Purchaser operate as a waiver of any of the more; Inspection. GOODS ate subject to the City of Tom 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 A NTITR UST CLA I M S. authorized payment ea the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from amitnot 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 e11 claims it may now have or hereafter Freight Terms. Shipments most be F.O.B.. City of Fen Collins, 700 Wood St., Fort Collins. CO 90522, unless acquired under federal or state antitrust laws for such overcharges relating 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 or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OP SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed neon by the expected from the nearest distribution point to destination, and excess freight will be deducted front Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made fmm greater distance. may cause the work to be performed by the most expeditious means available 10 it. and the Seller shall pay all costs asseciined with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and odes of the state, municipality, territory or political subdivision where the work is performed. or required by any other duly constituted public anihooty having jurisdiction over the work of vender. Scllcr further agrees to hold the City of Fort Collins harmless from mad against all liability and loss incurred by them by reason of an asserted or established violation of any such Ines, regulations, ordinances, roles and requirements. Authorization. All parties to this contract agree that the representatives ate. in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the more, and conditions stated herein set forth and any supplementary or additional mansard conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller arc 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 must be effected within the time stated on the purchase order and the decuments attached harem. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event crafty delay, the purchaser shall have, in addition to other legal and equitable remedies, the option of Placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foresecahle which arc beyond its reasonable control and without its fault of negligence, such acts of God, acts ofeivil or military authorities, governmental priorities. fires. strikes. food. epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchascr within five (5) days of the time when the Scllcr first received knowledge thereof. In the event of any such delay, the date of delivery shill be extended for the period equal to the time actually lost by mason ofihc delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed 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 hamdcs from anv loss, damage or expense which the Purchascr may suffer or incur on account of the Sellers; breach of warranty. The Scllcr shall replace, repair or make good. without cast to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by Inv or by the terms ofany applicable warrinly provided by the Seller offer the 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 warranty. Except as ntherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees but such liability shall in no event include less of profits or loss arose. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERNIS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordeed in the specifications or dmwrirS• . by verbal or written change order. If any such change affects the amount due or the time ofperformence hcrcurda, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, wilimatc this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated Profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any good which am the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller crony of their obligations as to any goods delivered hacundcr. 7. CLA INIS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller woman(, that all grads sold hereunder shall have been produced, sold. delivered and famished in strict compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and deliver such documents as may be required to c1be l orevidcnce compliance All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Scllcr 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 parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller e'atm us full, clear and unrestricted tine to the Purchaser for all equipment, materials. and items famished in performance of this agreement free and clear of any and all liens, rctrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Pumhascr and its contractors of any tier From all liability and claims of any nature resulting From the performance ofsuch work. This relewc shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any wav, 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 process covered by letter, patent trademark or copyright, the Seller shall indemnify and save hamdess the Purchaser Primary and all claims for infringement by reason of the use of such rammed design, device. material of process in connection with the contract, and shall indemnify the Purchascr for any cost, expense or damage which it may he obliged to pay by reason ofsoch infringement at any time during the prosecution or after the completion critic work. In case said equipment, or any pan Ihcrcof or the intended use of the goods, is in such snit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expanse 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 noninfringing. IS. INSOLVENCY. If the Seller shall become insolvent or bankmpt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The dc(mitioms oficmw used or the interpretation ofthc agreement and the rights ofall panics hereunder shall be construed under and governed by the laws ofthc State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Scllcrs Rcprescatative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Scller's men risk and the same is Polly completed and accepted, and shall, in ease of any accident. destruction or injury to the work for or materials before Seller's final completion and acceptance, complete the work at Scllcrs own expense and to the satisfaction of the Purchascr. When materials and equipment arc furnished by others for installation or erection by the Seller, the Seller shall receive, undomd. sture and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own 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 Ibis purchase order. and/or to their dependents in accordance with the lams ofthe state in which the work is 1. be done. The Seller shall also carry comprehensive general liability including. but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least 5300,000 for any one person. S500,000 for any 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 upon be premises of ethers, the Seller shall furnish the Pumhascr with a cenificam Ihnl such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such eenificims shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until a0cr the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting From the execution ofihe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or nil of the Purchasers officers, agents and employees From and against any and all claims, losses, damages. charges or expenses, whether direct or indirect, and whether to Persons or property to which the Purchaser may be put or subject by reason of any act action, neglect, emission or default on the pan of the Seller. anv of his contractors, or any of the Scllcrs or contractors ofiecrs, agents or employees. In ease any suit or other proceedings shall be brought against the Purchase, or its officers, agents oremployees m any time on account or by reason of any net, action, neglect, omission of default critic 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 hhereof and In defend the same at the Sellers own expense, to pay any and all costs. charges, attorneys fees and other expenses. any and all judgments That may be incurred by or obtained against the Purchaser or any of its or their oReers. agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the pmpeny crib, Purchaser, or said panics in or as a result ofsuch suits or other proceedings, the Sciler will at once muse the same to he dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all Imes and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010