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HomeMy WebLinkAbout120140 VARSITY FACILITY SERVICES - PURCHASE ORDER - 9140376 (2)Fort Collins Date: 11/26/2014 Vendor: 120140 VARSITY FACILITY SERVICES 3720 W 72ND AVE WESTMINSTER CO 80030 PURCHASE ORDER PO Number Page 9140376 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: RISK MANAGEMENT DIVISION CITY OF FORT COLLINS 215 N MASON, 2ND FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 01/14/2014 Buyer: PAUL, GERRY 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 2 Add Additional Funds Add Funds 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 EA 1,500.00 Total 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 1. COMMERCIALDETAILS. Tax exemptions. By statdee the City of Fact Collins is exempt from state and local axes. Our Exemption Number is 11. NON WAIVER. 9&04502, Federal Excise Tax Exemption Certificate of Registry 84 6000587 is registered with the Collector or Failure of the Porchases In insist upon stet performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Starums 1923, 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 ofor Enymrnt for goods hereunder or approval ofine design, shall not release the Seller of Goods Rejected. GOODS REIECTED due to failum to meet specifications, either when shipped or due to defects of any of the ward- ies or obligations of this purchau ordar and shall art he dimmed n waiver of any right of the damage in transit, may be removed to you for credit and am not to be replaced except upon receipt of wdnem purchaser 10 insist upon saner performance herecofor any of its nghts or remedies m to any such good, regardless imtmctioo from the City of Fort Collins. of when shipped, received or accepted, as to any poor or subsequent default horeunder, nor shall my puryoned am[ modification or rescission of this purchase order by the purchaser operate n a waiver of any of the terms Inspection. GOODS are subject red the City of Too Collins impaction on arrival. hereof. Final Acceptance. Receipt of the merchandise, srsdim, or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIM& moludized payment an me pan of the City of Fan Collins. However, it u to No understood that FINAL Seller and the Purchaser rompiu that in around economic practice, overcharges resulting from untitruat ACCEPTANCE is dependent upon completion of all applicable inquired proportion procedures. violations are in fact home by me Purchaser. Themtofore, for good cause and ss consideration for executing this purchase order, me Seller hereby assigns to she Purchaser any and all claims it may now have in hereafter Freight Terms. Shipments most No F.O.B., City of Fan Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state untimad laws for such ovemhmga relating to that particular goods or services otherwise specified on this odes. Upemrission is given to Being freight and charge separately, the onginal freight purchased or acquired by the Purchaser pursuant to this purchau order. bill most accompany invoice. Additional charges for packing will not M accreted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Dr.. When manmfacturcr have distributing points in.ranotu parts of the country, shipment is Ifthe Purchaser directs ter Seller to mrri moronforrim, or dafective goads by adate to be agreed upon by me expected from me nearest distribution point to destination, it excess freight will be deducted fmm novice when Purchases and the Sella ,and the Seller thereaRer indicates is inability or unwillingness to comply, Ore Punctuator shipments are ode fmm number distance. may cause me work to be pert ed by me most expeditious means available to it, and the Seller shall pay all costs a,wcumd with such work. Permits. Seller shall procure at sellers sole cos all necessary Fannin, cenifcato uM licrosa rc Winfil by Al applicable laws, regulations, ordinances and sales of the sate, municipality, territory or political Subdivision where the work is performed, m ioNored by any rimer duly constituted public mitharry havingjumaliclim over the work of vendor. Seller funkier agrees to hold the City of I. Collins harmless fmm and anoint all liability and loss incurred by them by weamn of. vaned or established violation of any such daunt regulations, ordinances, roles and rryuimmemu. Aiddaniulim. All patio to this com ad some that the repmsenmtiva arc. in fact, Nora fide and possess full and complete authority to bind said panic. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to me to. and conditions stated herein set forth and any supplementary or additioml terms and condition annexed hereto or imoryorete t herein by reference. Any additional or different terms end condition proposed by seller sure objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to drive on your promised delivery date as noted. Time is of the rsscncr. Delivery and paidderama must be effected within the time stared on the part order and the documents attached hereto. No acts of the Purchasers inclining, without limitation, acceptance of partial late deliveries, shall agenda as. waiver of this provision. In the event of any delay, the Purchaser shall hair, in addition mother legal and equitable remdie, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seiler shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reamnuble control and without its fault ofnegligence, such errs ofGd, act, ufcivil ad military authorities, governmental priorities, Gres, strikes, Bond, epidemics, was 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 find received knowledge themf. In the event of any such doing, the date of delivery shall be extended for the period equal to the time actually lost by reason oftha delay. 3. WARRANTY. The Seller warrants that all goads, articles, materials and work covered by this ardor will confute with applicable drawings, specifications, samples torpor other descriptions given, will be fit for the purposes intended, and petformd with the highest degree of cam and campcmnce 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 suRd or incur on account of the Sellers breach of wammaty. The Seller shrill 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 prescribd by law or by the terms ofany applicable warranty provided by the Seller after the ate of acceptance of the goods furnished hereunder (acceptance not to bo unreasonably delayed), resulting fmm imperfect or defective work done or materials furnished by the Seller. Acceptance or we of good by the Purchaser shall not constitute a waiver ofany claim under this warranty. Eseept as otherwise provided in this purchase order, the Sellers liability hereunder, shall extend to all dnmaga proximately caused by the breach ofany of the foregoing warranties or guarantees, but such liability shall in no event include loss ofprofits or loss of rue. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY, 4. CHANGES IN LEGAL TERMS. The Purchaser may rake changes to legal terms by in. change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the term, other rhan legal 'a—. including additions to or delaion fmm the quantities originally ordered in the specification or drawings, by vernal or written change order. If any such change affects the.... due or the time of perfotmnce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser my at any time by wri.om change Oder, terminate Nis ngomm rid as m any or all pardon of me goods men nor shipped, subject ro any inimitable adr1arsonr bawecn arcai i pes mr as In any work or cnah men in progress pronr6l Oar she Purcbuce shad( not tre'ITable for any claim for anticipated profits on the uncompleted portion of me goad and/or work, for incidental or doom m ntul damage, and said no such djand. be ode in favor of me Seller with rapcct to tiny goods which sort the Seller stvdad stock. No such termination shall relieve me Purchaser or me Seller ofany of their obligation as to any good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. A, claim for ndjurment mud be essermd within thirty (30) days from dra dam Ore change or termination is ordered. L COMPLIANCE WITH LAW. The Seller warmnu that all goods Said bereurder shall have been pmdumd, Sold, delivered and f ishd in Smcr compliance with all applicable lawn and regulation to which the goods are subject. The Seller shall execute and deliver such d«umrmi as my be, required to affect or evidence camplimam. All IS., end regulations rryuired m be mcor,o mated in agreement, of this character are hereby incorporated herein by this reference. The Seller agrees in indemify and hold the Purchaur harmless Form all costs and damages suffered by the Purchaser as a result of me Sellers failure to comply wit such law. 9. ASSIGNMENT. Neither party shall assign, naofer, or convey this order, or any monies due or to become due hereunder without the Ed., wnften conam of the rimer patty. 10. TITLE. The Seller wamams full, dmr and moher and title to the Purchaser for all equipment materials, and item funnished in perform a of dds agmconam, free and Neu ofany and all lien, restrictions, reservations.scurity inmreal .tormanno. and claims of rimers. The Sella shall release the Purchaser god its communism of any tier firm all liability and claims of any nature resulting from she performance ofsuch work. This release shall apply even in the avant of fault of negligence of the puny released and shall extend to the direcam, officers and employees of such party. The Sellels contraction obligation, including warranty, shall not b< domed to be reduced, in tiny way, because such work u perfomrd or unused a be pedbrmad "a Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, mtmal or process coverd by tenor, patent, amdemmi, r copyright, the Seller shall indemnify and Save hmmlas the Purchaser fmm any and all claims for infringement by reason of the use of such parented design, device, malarial in process in connection with the contract, and shall indemnify the Purchaser for any rest, expense or damage which it may the, obliged to gay by mound of Such infringement st any time during the prosecution or after the complain. of the work. In case mid equipment or any pan thereof or the intended use of the goods, is in Such suit held to corsstione infringement and the use of said equipment or pan is enjoined, the Sella shall, at its own expense and at its option, either procure for the Pumhawn the right a continue using mid rquipment or parts, replace the come with substantially equal but .onin urging equipment, or modify it Sa it becomes noninGndtig. 15. INSOLVENCY. If the Seller stall become insolvent or haNcmpt make an assignment for me benefit of creditors, appoint e receiver or musbee for any of me Sellers property or business, this order my forthwith be canceled by the Purchaser without liability. I& GOVERNING LAW. The definitions intends mid or the interpretation of the agreement and the rights of all panic hereunder shall be corotmed under and governed by the laws ofthe State of Culomda, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative s), on the premises of others. 13. SELLERS RESPONSIBILITY. The Seller shall cony on said work at Sellers own risk until the Same is fully completed and accepted, and shall, in se ofany accident dourdavom or i jury to the work and/or matenaB bottom Sellers final completion and acceptance, complam she work at Sellers own expense and m the satisfaction of the Purchaser. Whom materials and equipmcm are famished by others far inmllallon or creation by the Seiler, me Seller shall rcc<ive, unload, store and handle Same at the site and become responsible therefor as though such materials and/or equipment were being famished by me Seller under the order. 18. INSURANCE. The Seller shall, at his awn expene, provide for the payment of workers rompeuation, including occupational dun. benefits, Id its employees employed on or in commeetion with the work caverd by this purchase order, and/or to their dependant, i. Soar fidarom with the laws of the state in which the work is b be done. The Seller shall Also carry comprehensive general liability including, but not limited to, contractual and automobile public liability mrommice with hardily injury Sod doom limits of in least S300,030 for any one person, 5500.000 for any conaccident and property damage limit per accident of 5400,11(10. The Seller shall likewise require has trxlor, if any, to provide for mob compensation and insurance. Before any of the Sellms or his contractor employem shall do my work upon the premise of other, the Sella shall famish the Parching, with a certificate mat such comperwdon and insurance have barn pmvidd Such candicates shall specify the date whim such ompcuation ad insurance have been provided. Such certificates shall sponify the date when such compensation and ioursence expires. The Seller agrees that such componsuation and ingrown, shall be maintained until after the ounce work is completed and acapmd 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The gains hereby assumes me rnthe responibildy end liability far any and all damage, loss or injury ofeny kind or dame, whatsoever an person or property saved by or vaulting fmm the execution of me work provided for in mis puchae, order or as rovvecI .. herewith. The Seller will indemmiry, and hold harmless the Purchaser and any r all of me Punhaurs olficars, agents and amployas fmm ad ii, inst any and ell claim, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or impeding a which the Purchaser may be put or subject by reason of any art, action, neglect, omission or dafault an the pan of the Seller, any of his commorm, or any of the Sellers or contractors officers, agents in amployeea In case any suit at other proceedings shad M brought against the Purchaser, or its officers, agents or employers at any firm, on summit or by reaon of any sect secom, neglect omission or damult 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 resume the defense themaf and m defend the same at to Sellers oven expense, so pay any and all costs, charges, anomeys fees and other a.,.. any and all judgment that my be incurred by or obtained against the Purchaser m any of its at their officers, agents or employees in such suit or omer proceedings, and in case judgment or other lien be placed upon or obtained again, me property ofine purchaser, or said paria in or as a result ofsuch suits or other proceedings, the Seller will set once muse me same an No dissolved and discharged by giving bond or otherwise. The Sella end his contractors shall take all safety precaution, fidnish and indall all guard remaining for the proration of accidents, comply wit all laws and populations wins regard to Safety including, but without limitation, the Occupational Safety and Hmlm Act of 1970 and all roles and regulations issued pursuant memo. Revised 072014