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HomeMy WebLinkAbout120140 VARSITY FACILITY SERVICES - PURCHASE ORDER - 3212339City of Frt Collins Date: 02/02/2012 Vendor: 120140 VARSITY FACILITY SERVICES 3720 W 72ND AVE WESTMINSTER Colorado 80030 PURCHASE ORDER PO Number Page 3212339 1 of 2 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: 02/01/2012 Buyer: OPAL DICK Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 2012 Blanket Order Utilities 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 LOT LS Total Invoice Address: 20,000.00 $20,000.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tenns and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax encmptionc By statute the City of Fort Collins is exempt from state and local taxes. Cur Exempt inn Number is 1 L NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure Office Purchaser to insist upon strict performance of toe actions and conditions hercof. Ethic or delay to Internal Revenue, Drove,. Colorado (Rcf. Colorado Raised Statutes 1973, Chapter 39 26. 114 (a). exercise any rights or remedies provided herein or by law. failure to promptly notify the Seller in the event of a breach, the acceptance ofur payment for grads hereunder m approval Office design, shall not release the Scllcr of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any Office wamnties or obligations of this purchase order and shall not be deemed a waiver of any right office damage in transit, may be rearmed to you for credit and arc not to be replaced except upon receipt of written purchaser in insist upon strict performance hercofor any of its rights or mmedics as fe any such goods, regardless instruction, form the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported and modification or rescission of this purchase order by the Purchaser operate as a waiver of nny of the terms Inspection. GOODS arc subi"t to the City of Fort Collins inspection on arrival, hereof. Final Acceptance. Receipt of the merchandise, services nr equipment in rcsponse 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. Overcharges resulting tram 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 must be F.O.B.. City of Fort Collins 700 Wood St.. Fen Collins, CO 80522. unlew acquired coder federal or state antitrust laws for such overcharges relating to the panieular goods or services otherwise specified on this order. If pennic inn 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 inmicc. Additional charges for packing will not be accepted. 13. PURC14ASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. When manufacturers have distributing points in various pans of the country, shipment is Tribe Purchaser directs the Scllcr to comect nonconforming or defective goods by a date robe agreed upon by the expected fmm the ncarest distribution point to destination, and excess freight will be centered room Invoice when Purchaser and the Seller,and the Scllcr thereafter indicates its inability or unwillingness to comply, the Purchaser shipments am made from 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. - Pemim Seller shall Parente at sellers sale cost all necessary permits certificates and Banta required by all applicable laws regulations Ordinance and roles of the state, 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. Sella further agrees to hold the City of Pon Collins ham fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws rcgulminns ordinances, mlcs and requircmcnts, Authorization. All panics to this contract agree that the mpmsentativa arc, in fact, burn fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tams and conditions stated heroin .set forth and any supplementary or additional tames and conditions annexed hereto or incorporated herein by reference Any additional or different terms and conditions proposed by seller arc ohjcctcd to rand hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately tryout cannot make complete shipment to arrive on your pmmiscd delivery date as noted. Time is office essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchaser, including, without limitation. acceptance of partial late deliveries, shall opcmtc as a wnivcr of this prevision. In the event of my delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seiler liable for damages. However. the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and withom its fault ofnedigence. such acts of God, acts ofcivil or military authorities, governmental priorities, fires, strikes Bond, 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 Seiler first received knowledge thereof. In the event of any such dcl ay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this enter will conform with applicable drawings, specifications, samples and/Or other descriptions given, will he fit for the purposes intended, and Performed with the highest degree of care and competence in accordance with accepted stundnrds lot work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may sorter or incur on account office Sellers breach of wammy. The Seller shall replace, repair or make good, without cost to the purch a cr. 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 of any applicable warmnry, provided by the Seller after the date of acceptance office goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seiler. Acceptance or use of gums by the Purchaser shall act constitute a waiver ofany claim under this wom my. Except as othce-wke provided in this purchase order, the Sellers liability hereundr shall extend to all damages proximately crated by the breach ofany of the foregoing wamnties or guarantees, but such liability shall in no event include loss of profits or loss of use, NO IM PLI ED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal arms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tems, other than legal tams. including additions in or deletions from the gnantitics originally ordered in the specifications Or drawings, by secant Or written change order. If any such change affects the amount due or the time ofperfomance 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 all fractions 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 tiny claims for anticipated pmlits 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 Scllcr with respect to any grads which are the Scllcrs standard stock. No such tcmination shall reline the Purchaser or the Seller crony of their obligations as to any goals delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thiny (30) days form the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced. sold. delivered and furnished 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 incorpamtcd herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamdess from all costs and damages suffered by the Puchnser 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 became due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller warrants full. clear and unrestricted titre to the Purchaser for all equipment. materials, and items furnished in performance of this agreement free and clear of any and all liens. restrictions, msenations, security interest enaumbmnecs and claims f.them. The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature resulting form the performance ofsech work. This release shall apply even in the event of fault of negligence of the party released wad shall extend to the directors, officers and employees ofsuch party. The Seller's communed obligations, including w'amory. shall not he deemed to be rcducat, 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 letter, patent, trademark or copyright the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason 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 rcasnn of such infringement at any time during the pmseeution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such snit held to constitute infringement and the use of said equipment or pan is enjoined, the Seiler shall, at its own expense and at its option, either procure for the Pumhoser the right to continue using mid equipment or pans, replace the same with subsmnlially equal but noninfringing equipment, or modify it so it becomes aoninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers parperty or business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The dofditions oftcmw used office interpretation office agreement and the rights ofall panics hereunder shall be consmad mutational governed by the laws office State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Rcpresentative(s), on the premises afothecs. 17. SELLERS R ES PONS III ILITY. The Scllcr scull carry on said work at Seller's own risk until the snore is fully emnpleted and accepted, and shall, in case of any accident, deepection or injury to the work and/or materials before Seller's final completion anti ,acceptance, complete the work at Seller's own c Tense and to the satisfaction of the Purchaser. When nntcrials and equipment are furnished by others for installation or erection by the Seiler, the Seller shall receive, rmload, store and handle same at the site and become responsible theocrat as though such materials and/or equipment were being furnished by the Seller under the order. 19. INSURANCE. The Seller shill. at his own expense. provide for the payment of workers compensation, including occupational disease hcncfits, to its cmptoyecs employed on or in connection with fhc 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 Seiler shall also carry comprehensive general liability including. but not limited to, contractual and automobile public liability insurance with bodily injury and death limit oFar Ieast S300.000 for nice ace person. S500.000 for .any one accident and pmpcny damage limit per accident of S400,000. The Seiler shall likewise require, his contractors. Tarty, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the pmnises of others, the Seller shall famish the Puchaser with a cenificale that such compensation and insurance have been Provided. Such certificates shall ,specify the dare when such compensation and insurance have been provided. .Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until aBe, the entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller herchv assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind Or nature whatsoever to persons or pmpeny caused by or resolimr, man the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any Or all of the Purchasers officers, agents and employees Farm and against any and all claims, losses damages, charges of expenses, whether direct or indirect. and whether to persons or pmperry to which the Purchaser note 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 contractors officers, agents or employees. In case any suit Or Other proceedings shall be brought against the Purchaser, or its officers. agents or employees at any time on acentric 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 more at the Sellers own expense. to par any and all costs, charges, attorneys tea and other expenses, any and all judgments that may be incumd by Or obtained against the Purchaser or any of its or their officers. agents or employees in such suits or other poceedings. and in case judgment or Mher lien be placed upon or obtained against the property office Purchaser, of said panics in or as a result ofsuch suits or other proceedings, the Seiler will at once cause the ware to be dissolved and discharged by giving bond or othernise. The Seller and his contractors shall take all safety precautions, famish and install all guards ncccswry for the prcccntion of accidents. comply with all laws and regulations with regard to safety including, but without limitation, the Occupotional Safety and Health Act of 1970 and all rates and mgulations issued pursuant thereto. Revised 03/2010