HomeMy WebLinkAbout120140 VARSITY FACILITY SERVICES - PURCHASE ORDER - 9145684PO
PURCHASE ORDER 914568er Page
City of PURCHASE
45684 1 of z
Flirt Collins( hisnumbermustappear
/�„!_\\,/`I ` V 1 /�7 on all invoices, packing
sli s and labels.
Date: 10/01 /2014
Vendor: 120140
VARSITY FACILITY SERVICES
3720 W 72ND AVE
WESTMINSTER CO 80030
Ship To: OPERATIONS SERVICES
CITY OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS CO 80521
Delivery Date: 09/30/2014 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
i Bus cleaning services
June, July, August and Sept
reference invoice # 584348
temporary janitorial services
helping to clean buses
dated 8/13/14
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
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
26,720.00
Pay terms net 30 days
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 COMMERCIALDF.TAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from sme and local taxes. Our Exemption Number is
98-04502. Federal routine Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
formal Revenue, Denver, Colorado (Ref. Colorado Revised Smmte 1903, Chapter 39-26, 114 (a).
Brands Rejected. GOODS REJECTED due to failure to meet specifiwfons, either what shipped or due to defers of
damage in transit, may be rnumed to you for credit and are not to be replaced except upon receipt of women
instructions from the City of Fort Collins. -
Inspection. GOODS are subject to the City urban Collins inspection on arrival.
Final Acceptance Receipt of the monlundoo, service, or equipment in response to this order an result in
authorized payment on the pan of the City of Pon Collins. However, it is to be, understood that FINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection procedum.
Freight Temps. Shipments most be F.O.D., City of ran Collins, 7W Wood St., Fort Collins, CO 80522, unless
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
bill most renounce ce invoice. Additional chances for ment®r will not be oriental.
Shipment Distance. Where rnonufxmmrs have conditioning paints in ad.. parts of the country, shipment is
expected from the ncarest distribution point to desmmjon, and excess freight will be fathered foam Invoice what
shipments art made from greater distance.
Permits. Seller shall procure at sellers sole and all necessary permits, certificate and licenses required by all
applicable laws, republican, ordinances and roles of the slate, municipality, larritory or political subdivision where
the work is perforated, or required by any other duly cmrstimted public ambmriry having junwhnion over the ..,it
of vendm. Scher farther at to hold the City of Fort Collins harmless from and against all liabiliry and Was
incurred by them by reason of an assened or established violation of my such laws, regulations, ordinances, rules
and requirements.
Authorization. All parties to this contract agree that the representatives are, in fact. bona fide and puasess full and
omplete authority to bind said Ponies.
LIMITATION OF TERMS. This Purchase Order espreasly limira i ccepmnce to the terms and conditions stated
herein at bath and ony supplematmry or additional data and conditions annexed hereto or incorporated 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 ifyou tarmac make complete shipment 10 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 fhe documenls matched harem. No acts of the Purchasers including, without
linctimen, twaralance of pnrial late deliveries, shall operate as a waiver of this provision. In the even[ ofany delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option cf placing this order elsewhere
and holding the Seller liable for damage. However, ere Seller shall not be liable for damages as a result of delays
due to woos no[ mummably foreseeable which are beyond its reasonable control and without its Co.], ofnegligmce,
such was of God, acs of civil or military amhmnue, govemmenml priorities, fires, strikes, Goad, epidemics, wars or
than provided that rain, 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 my such delay, the date of delivery shall be
extended for the period equal to the time reandly In. by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples anchor other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted smndards for work of a
imilar mature. The Seller agrees to hold the Purchaser hornless from any loss, damage or expense which the
Purchaser may sufferer incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
goad, without cost to the purchaser, any defecti or faults arising within one (1) year m within such longer period of
fine as may be prescribed by law or by the terms of any applicable commonly provided by the Seller after the date of
acceptance ofthe goods burnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done m materials fumishml by no Sella. Acceptance or use of good by the Purchaser shall not
cranstimte a waiver ofany claim under this war anry. Except in otherwise provided in this purchase order, fire Sellers
liability hereunder shall extend m all damages mov immcly caused by the breach of any of the foregoing waramle
or guarantees, bur such liability shall in no event include loss ofpmfn or loss of use. NO IMPLIED WARRANTY
OR MERCIIANTABILITY OR OF FIT NESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser my make changes to legal terms by writes example order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal cams. inducing additions to or deletions from
,be q.wooic, originally ordered in the specifications or drawings, by veNm or wnhen change order. If any such
change affects the amount due or the time of performance hereunder, an equimble adjustment shall be made.
6. TERMINATIONS,
The Purchaser may at any time by carmen change order. madame this agreement as to any or all portions of the
gaol then rot shipped, subject to any equitable adjustment between the panes cs to any work or materials then in
progress provided Nat the Purchaser shall not be liable for any claims for anticipated profits on no uncompleted
Portion ofthe goods and/or work, for incidental or consequential damages, and that no such o1junmem be made in
favor of the Seller with respect to any goods which are the Sellers suindurd stock. No such temtilalimn shall relieve
the Purchaser or the Suite, ofany of their obligations as m any good deliveed hereunder.
J. CLAIMS FOR ADJUSTMENT.
Any claim for component mint be, reached within thirty (30) days from the date the change or lerminstion is
order L
8. COMPLIANCE WITH LAW.
The Seller wart., 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 are subject. The Seller shall execute and
deliver such documents as may b<required to effect or evidence compliance. All laws and regulations required to b,
ncoryorded in agreements of this character we hereby incorporated herein by this rerermce. The Seiler agrees to
indemnify and hold the Purchaser harmless fiom all camas and damages suffered by the Purchaver in a result of the
Sellers failure to comply with such law,
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior written consent ofNe other party.
10. TITLE.
The Seller... fall, clwr and commercial tine to ale Purchaser for all additional, materials. and items famished
in performance of this agreement, frtc and dear or my sad all hen, h atrimmus, .lime, mainly moment
encumbrance and claims of others.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict perfomamce of the terms and conditions hereof, failure ar delay to
exercise any optics or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the scceprome of or paymmn for goods hereunder or approval ofthe design, shill not release the Seller of
my of the warranties of obligations of this purchase order and shall not W dinned a waiver of any right of file
purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goads, regardless
of when shipped, received or accepted, in to any prior or subsequent default hereunder, nor shall any Imported
om1 modification or rescission of this purchase order by the Producer operate as a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser hempaim fast in wenal economic interim, overcharges reaching from antimmal
violations are in fan home by the Purchaser. Theretofore, for good cause and a considemtiov for executing this
purchase order, the Seller hereby assigcts to the Puahazer any and all claims it may now have in hereafter
acquired under faleml or slate antitrust laws for such overcharges relating ro the particular goods or services
purchased or acquired by the Purchaser pursuant o this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser dlrecs he Seller ro wmen nommrifmming err definitive goods by a date lm be agreed upon by the
Purchmm and fire Seller, and the Seller Hereafter indicates in inability or unwillingness to comply, the Purchaser
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.
I he Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any mature
resulting from the perbomamce 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, oRcars and employees ofsuch party.
The Seller's mmncmal obligations, including warrants, shall not he 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 an use any design, device, material or process covered by later, patent, tademark
or copyright the Seller sled) indemnify and save haWless the Purchaser from any and all claims for infringement
by remain of the save of such pointed design, device, material or process in connection with the contract, and
shall indemnify the Purchaser, for any cost, a.,. or damage which it may be mbl,,W m Pay by reason of such
infringement at any time during the prosecution or after the compinion of the work. In once said equipment, or
any pan thereof or the intended use of the goads, is in such suit held to comtimtre infringemem and the use of
said equipment or pan 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 pros, replace me same with substantially equal but
noninfringing equipment, or modify it so it becomes noninfnnging.
15. INSOLVENCY.
If no Seller shall become insolvent or bankmpt make an assignment few the benefit of crWimrs, appoint a
receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Pnmhascr without liability.
16. GOVERNING LAW.
The definitions cramps used or the in agreanou ofthe agreement and the rights of all parries hereunder shall be
announced under and governed by the laws ofNe Suite ofColomdo, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder.
including the services of Sellers Retoommuni e(s), oa the premises bathes,
17. SELLERS RESPONSIBILITY.
The Seller shall any on said work at Seller's own risk wtI[ the come is fully completed and accepted, and shall,
in case of any accident, detmawar or injury era the work and/or materials before Stiles final compinion and
acceptance, cmmplere no w'o k at Sellers own exgeow and Ins the smisfactian of no Purehaser. When materials
and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle same at the site and become responsible therefor in though such materials and/or equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, in his own expense, provide for the payment of workers compensation, including occupational
dis rave benefits, to its employees employed an or N connection with the work covered by this purchase order,
anchor to their depade d, in accordance with the laws of the state in which ale work is to be done. The Seller
shall also cony comprehensive general liability including, but not limited to, contractual and snmmmbide public
liability insurance with bo ily injury and death limits of at least 5300,000 for any are Person, MoDoo(n) for any
one accident and property damage limit per incident of S400,000. The Seller shall likewise require his
irony, to provide for such compensation and in an e. Before y ofthe Sellen or his contractors
employees shall do any work upon the premises of others, the Seller shall fumish the Purchaser with a certificate
that such compensation and mom utce have been provided. Such carafro s sump specify the date when such
compensationandinsumwehavebeenprovided. Such cemfcaus shall sprod the date when such compensation
and imurance expires. The Seller apes that such compensation and insurance shall be rommu mul until after fhe
entire work is completed and accepted.
19. PROTECI'[ON AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire respomsibil ity and Pimbil it, for any and all damage, loss or injury of any kind
or nature wharsomer to persons or property caused by or resulting from rise exception of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and (told hearken the Purchaser and any
r all of the Purchasers threats, agars and employees from rand against any and all claims, losses, damage,
charges or expenses, whether direct or indirect, and whether to persons or property 10 which the Purchaser may
be put or subject by reams of any act, action, neglect, omission or default an the pan of the Seller, any of his
mnl2ctors, 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 othcers, agents or employees at any time on account or
by reason of any act, anion, neglect omission or default of the Seller of my of his contractors or any of its or
their officers, agents or employees as aforessid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, to pay any and all costs, charges, attmmeys f and rhea expenses,
any and all judgments that may be incumd by or obmined against the Purchaser, or any of its m their officers,
aged¢ or employees in such suits or other procealings, and in case judgment or other Ilea be placed upon at
obtained toman the property, ofthe Purchaser, or said panic in or as a result fsuch suits or order proceedings,
the Seller will at once cause the same m be dissolved and discharged 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 Paws and regulations with regard to safety including, but without [imitation, the
Occupational Safety and Hmlth Act of 1970 and all roles and regulations'usund pursuant thereto.
Revised 07n014