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HomeMy WebLinkAbout120140 VARSITY CONTRACTORS INC - PURCHASE ORDER - 9110107 (3)PURCHASE ORDER PO Number Page City Of///��� 9110107 102 `t Collins on all i tuber mustpacking ` on all invoices, packing slips and labels. Date: 04/04/2011 Vendor: 120140 Ship To: FACILITIES DIVISION VARSITY CONTRACTORS INC CITY OF FORT COLLINS 3720 W 72ND AVE 300 Laporte Avenue WESTMINSTER Colorado 80030 Building B FORT COLLINS Colorado 80521 Delivery Date: 01/04/2011 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price 10 Addendum 1 LOT EA 3,992.00 SC & CPP power washing Total $3,992.00 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 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 L COMMERCIAL DETAILS. Tax exemptions. By station, the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue. Denver, Colorado (Rcf. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be resumed to you for credit and arc not to be replaced except upon receipt of written instructions form the City of Fort Collins. Inspection. GOODS arc subject to the City of Fen Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the toms and conditions hereof. failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the wamnties or obligations of this purchase order and shall not be deemed a xviver of any right of the purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped. received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral nrod i ficatinn or rescission of this purchase order by the Purchaser operate as a waiver of any of the temrs hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this outer can result in 12. ASSIGNMENT OP ANTITRUST CLAIMS. authorized payment on 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 form antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good 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 hereafter Freight Terms. Shipments most be F.O.B.. City of Fart Collins, 700 Wood St., Fort Collins, CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services othcmisa specified on this order. If permission is given to prepay (might and charge separately, the original freight purchased or acquired by the Purchaser parmant 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 pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected form the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchascr and the Seller, and the Seller therca0er indicates its inability or unwillingness to comply, the Purchaser shipments are made form greater distance. may cause the work to be performed by the most expeditious means available to it and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sell, cost all necessary permits. certificates and licenses required by all applicable laws, regulations, ordinances and mles of rho state, municipality, territory or political subdivision whey, the work is performed, or required by any other duly constituted public authonty having jurisdiction over the work of voider. 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 reen ncd or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All parties to this contract agree that the representatives are. 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 terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorponRd herein by reference Any additional or different terms 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 premised delivery date as noted. Tim, is ofthe essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpartial late'dclivcrics, shall operate as a waiver of this provision. In the event ofany 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 foreseeable which arc beyond is reasonable control and without its (melt ofnegligence, such acts of God, acts ofeivil or military authorities, govcmmcntal priorities, Ems, strikes, flood, epidemics, wars 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 ofthe delay. 3. WARRANTY. The Seller warns 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 perfumed 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 suffer or incur on account of the Sellers breach of wamnty. The Seller shall replace, repair or make 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 terms ofany applicable wa.my provided by the Seller after 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 Scllcr. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty, Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing warranties or guarantees, but such liability shall in no event include loss ofpmfits 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 terms by wrincn change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions In or deletions from the quantities originally ordered in the spoeificatints or drawings, by verbal or written change role, If any such change affects the amount due or the time of perfrmance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or till 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 he made in Favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days form the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold. delivered and famished in strict compliance with all applicable laws and regulations 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 hamlcm from all costs and damages suffered by the Purchaser as a result ofthe Scllcr 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 poor written consent ofthe other parry. UL TITLE. The Scllcr wamnts full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished 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 form all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors. oRcersand employees ofsuch party. The Seller's contractual obligations, including wamnty, 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 process covered by from patcat, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser form any and all claims for infringement by maxim 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 or damage which it may be obliged to pay by reason ofsuch infringement at any time during the persecution or after the completion of the work. In ease said equipment. or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or banknpt. 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 Purchascr without liability. 16. GOVERNING LAW. The definitions oftcros used ar the interpretation of the agrecnwnt and the rights ofall panics hereunder shall be consmed under and governed by the laws of the State of Colondo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers RiTimscntative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the snmc is fully completed and accepted and shrill, in case of any accident destruction err injury to the work and/or materials before Seller's final completion and aucptnnec, complete the work at Seller's own expense and to the saris( ction of the purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unlond, store and handle snmc at the site and become responsible therefor as though such materials and/or equipment were being furnished 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 this purchase order. and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also Larry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at ]cast S300.000 for any one person. S500.000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise requite his eonhxctors, if nny, to provide for such compensation and inaarrnce. Before any of the Sellers or his conhzemrs employees shall do any work upon the premises ofothers. the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such cenificmes shall specify the date when such compensmimr and insurance expires. The Seller agrees that such compensation and insurance shell be maintained until offer the entire work is completed rind accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss at injury ofany kind or nature whasecver to persons or property canned by or resulting from the execution ofthe work pmvidcd for in this purchase order or in connection herewith. The Seller will indemnify and hold hamlet the Purchaser and any or all of the Purchascr oRcers, agents and employees form and against any and nil claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchascr may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller. any of his contractors, or any of the Sellers er contractors officers. agents or employees. In case any suit or other proceedings shall be brought against the Purchascr, or is officers, agents or employees at any time on account or by reason of any act, anion, neglect omission or default of the Seller ofany 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 at the Sellers own cxpcnec, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained ngzinsl the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in ease judgment or other lien be placed upon or obtained ogainst the property of the Purchascr, unsaid parties in or as a result of such suits or other proceedings the Seller will at once cause the same to be dissolved and diwhnrged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all mles and regulations issued pursuant thereto. Revised 03/20I0