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HomeMy WebLinkAbout120140 VARSITY FACILITY SERVICES - PURCHASE ORDER - 9120516PURCHASE ORDER PO Number Page City Of 9120516 ' of z Collins This number must appear on all invoices, packing `t slips and labels. Date: 01127/2012 Vendor: 120140 Ship To: FACILITIES DIVISION VARSITY FACILITY SERVICES CITY OF FORT COLLINS 3720 W 72ND AVE 300 Laporte Avenue WESTMINSTER Colorado 80030 Building B FORT COLLINS Colorado 80521 Delivery Date: 01/2612012 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 Custodial Services 2012 1 LOT LS 800,000.00 Bid #7068 2 Custodial Services 2012-Extra 1 LOT LS 40,000.00 3 Recycling Services 2012 1 LOT LS 7,800.00 4 Custodial Services 2012 1 LOT LS 1,200.00 200 W Mountain B Total $849,000.00 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 II, 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 Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is 11 NONWAIV ER. 98-01502. Federal Excise Tax Exemption Corti Oeate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict perfommnce of the terns and conditions hereof, fitiltire or delay to I ntcmal Rcumm. Denver, Colondo (Rcf. Colorado Revised Statutes 1973. Chapter 39-2fi, 114 (a). exerciseany 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 good hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to raw specifications, either when shipped or due to defects of any of the wam noes or obligations Of this purchase order and shall not be deemed a wm iver of any right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict pufomnnce hereof or any of its rights or remedies as to any such goods, nrardlec instructions from the City of Fort Collins. of whim .chipped. received or accepted. as to any prior or .subsequent default hereunder, nor shall any purported onl modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the toms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the morehandixc, 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. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice. ovoch rges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection proccdums. violations arc in fact home by the Purchascr. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchascr any and all claims it may now have or hoofer Freight Terms. Shipments must be F.O.B., City of Fan Collins, 700 Wood St.. Fan Collins, CO R0522, unless acquired under federal or state antitrust Imes for such nvcmharges 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 ponamm to this purchase order. bill most accompany invoice. Additional charges for puking will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nestrest distribution point to destination, and excess freight will be deducted from Invoice whim shipments are made fmm greater distance. Permits. Seller shall procure at sellers We cost all necessary permits, certificates and licenses ropircd by all applicable laws, regulations, ordinances and roles of the suite, municipality, tcnitary or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of ecndo,. Seller Further agrees to hold the City of Fan Collins hanlcss from and against all liability and loss incurred by Them by reason of an also d or established violation of any such laws. regulations, ordinances. rules and requirements. Aulhanzation. All panics to this contract agree that the mpresentativcs 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 Tcros and conditions stated herein set forth and any supplementary or additional tems and conditions annexed hereto or incorporated herein by reference. Any additional or different toms and conditions proposed by seller are objected to and hereby rejunT 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as mav& Time is of the essence. Delivery and pertormance must be effected within the time stated on the purchase order and the documents attached boon, No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall opcmte as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofpincing this order elsewhere and holding the Seller liable for damages. However. the Scllcr shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God. acts ofcivil 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 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 he extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller wmmnts that all goods, articles, materials and work covered by this order will combat with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degrcc of one 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 wamnry. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (I ) year or within such longer period of time as may be pmscnbcd by law or by the terms of any applicable wamnry provided by the Sell let after the date of acceptance of the goods furnished hereunder (acceptance not to he unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of gads by the Purchaser shall not constitute a waiver of any claim under this wamnry. Except ns whom ise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any Of the foregoing wamnties or guarantees, but such liability shall in no event include loss of pmfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGA L TERMS. The Purchascr may make changes to legal terms by wrinco change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tans, other than legal term. including additions to or deletions From the quantities originally ordered in the specibentiom or drawings, by verbal or written change order. If any such change affects the amount due or the time of perfommnce hereunder. an equitable adjustment shall be made. fi. TERMINATIONS. The Purchascr may at any time by written change order, tom m to this agreement as to any or all potions of the galls then not shipped, subject to any equitable adjtment 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 goods which arc the Sellers standard stock. No such tcmination shall relieve the Purchaser or the Seller of any of their obligations as to any gads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days front the date the change or Coronation is ordered. 8. COMPLIANCE WITH LAW. The Seller teamnts that all goods sold hereunder shall have been produced, sold, delivered and fumishcd in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All Imes and regulations required to he incorporated in agreements of this character arc hereby incorporated herein by this reference The Seller agrees to indemnify and hold the Purchaser hamdess from all costs and damages suffered by the Purchaser as a result of the Scllers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, many monies due or to became due hereunder Without the prior writicn consent of the other party. 10. TITLE. The Seller wamnts full, clear and unrestricted title to the Purchascr for all equipment, materials, and items famished in performance of this agreement. free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming or defecive goods by a date to he agreed upon by the Purchascr and the Scllcr, and the Seller thereafter indicates its inability or umvillingti s to comply. the Purchaser may cause the work to be perfumed by the most expeditious means axmilablc to it and the Seller shall pay all costs associated with such work. The Seller shall release the Purchascr and its contractors of any tier firm all liability and claims of any nature rcslting 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, officers and employees ofsuch party. The Seller's eonmonal obligations, including wamnry, shall not be demmed to he reduced, in any 0fy. because such work is performed or caused to he perforated by the Purchaser. 14. PATENTS. Whenever the Scllcr is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Sellershall indemnify and save harmless the Purchaser from any and nil claims for infringement by mason 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 of such infringement atany time during the pmsuction or oner the completion of the work. In case 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 pan is enjoined, life Seller shall, at its own expense and not its option, either procure for fire Purchascr the right to continue using .said equipment or parts, replace the same with substantially equal but noninfringing cquipmcnt, Or modify it so it beconcs noninfringing. 15ANSOLVENCY. If the Seller shall become insolvent Or hankmpl, make an assignment for the benefit of creditors, appoint a receiver ar totes for any of the Scllers property or business, this order may forthwith he canceled by the Purchascr without liability. 16. GOVERNING LAW. The definitions iftems used or the interpretation of the agreement and the rights ofall panics hereunder shall be construed under and governed by the Imes nfthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to potion work hereunder. including the services of5cllcm Representativc(s), on the premises of athcrs. 17. SELLERS RESPONSIBILITY, The Seller shall carry on said work at Sellers own risk until the sums is fully completed and accepted, and shall. in case of any accident. destruction or injury to the work and/or materials before Scllers Final completion and acceptance, complete the work at Sellers nova expense and to the satisfaction of the Purchaser. When materials and cquipmcnt are furnished by others for installation or creation by the Seller. the Seller shall receive, ni lood. store and handle same at the site and become responsible thcrcfor as though such materials and/or cquipmcnt were being fumishcd by the Seller under the order. 18. INSURANCE. The Scllcr shall, at his own expense, provide for the payment ofw'orkem 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 he 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 m ]cast 8300.0(1a for any One permn. S500,0041 far any one accident and property damage limit per accident of S400,001). The Seller shall likewise rcgniro his coomdors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises afnthers, the Scllcr shall famish the Purchaser with a emiflote that such compensation and insumncc have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such cenificates shall specify the date when such eantpensation and insurance expires. The Scllcr agrccs that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller herchy assumes the entire responsibility and liability for any and nil damage, loss or injury ofany kind or room whatsoever to persons or pmperty caused by or resulting from the execution of the work provided for in this purchase order or in connection hcrewilh. The Scllcr will indemnify and hold harmless the Purchascr and any or all of the Purchasers officers, agents and cmplmecs fmm and against any and all claims, Insscs, 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, omission or default on the pan of the Scllcr, any of his contractors, or any of the Sellers or contrnetors oRcers, agents or employees In case any suit or other proceedings shall be brought against the Purchaser, or its affects, agents or employees at any time on account or by reason of any act, action, neglect, omission or defaull 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 al the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incumd by or obtained against the Purchascr or any of its or their officers, agents or employees in such suits or Other pmcecdings, and in ease judgment or other lien be placed upon or Obtained against the pmpcny fthe Purchasc, or said parties in or as a result ofsuch suits or other proceedings. the Seller will at Once cause the same to be dissolved and discharged by giving bond or Olhowisc. The Seller and his contractors shall take all safety precautions, buoish and install all guards necessary for the prevention of accidents, comply With all Innis and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and nil odes end regulations issued pursuant thereto. Revised 03/2010