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HomeMy WebLinkAbout120140 VARSITY FACILITY SERVICES - PURCHASE ORDER - 3215085i PURCHASE ORDER 321508PO er Page ('117/ of PURCHASE 5085 1012 ' `tCollins( his number must appear, �I 1 1 on all invoices, packing sli s and labels. I, Date: 01/09/2015 Vendor: 120140 Ship To: STREETS DEPARTMENT VARSITY FACILITY SERVICES CITY OF FORT COLONS 3720 W 72ND AVE 625 NINTH STREET WESTMINSTER CO 80030 FORT COLLINS CO 80524 Delivery Date: 01/08/2015 Buyer: Note: Line Description Quantity Ordered UOM Unit Price Extended Price 2015 CONTRACTUAL 1 LOT LS 3,000.00 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 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. COMMERCIALDETAIU. Tax exemptions. By shuttle the City of Fort Collins 6 exempt them state and local mxea. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 6 reinstated with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stamtes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure m meet specifications, either when shipped or due to defects of damage in transit, may be minimal to you for credit and axe not in he replaced except upon receipt of wdmm instructions form the City of Fan Collins. Inspection. GOODS are subject to Ile City effort Collins inspection on arrival. Final Acepance. Receipt of the merchandise, services or equipment in rapome m this under eso remit in authodud payment a the pan of the City of Fort Collins. However, it is to Ile understood Out FINAL ACCEPTANCE 6 dependent upon completion of all applicable acquired impecton pmcNures. Fright Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood Sr, Fon Collins, CO 80522, wnlcas otherwise specified oa this order. if pemnssion is given to prepay freight and charge separately, the original freight bill most accomoanv invoice. Additional charea for oackine will net be acemted. Shipment Distance. Wbere mumufaduras have distributing points in vadons parts of the country, shipment is expected from the moment distribution paint to datiretion, and excess fight will be deducted from Invoice when shipments are murder from grater dshnce. Permits. Seller shall poretre at sellers sale call W) necasory, pecans, certificate and licenses maruinal by all applicable Lws, regulations, ordimnces and rules of the state, municipality, «rrhory or political subdivision where the work is performed, err required by any other duly constituted public authority having jurisdiction over the work of vend.,. Seller number agrees to hold the City of Fart Collins harmless from and against all liability and lass incurred by them by reason of an asserted or established violation of any such laws, regulations, mdinvoa, rates and requirement. Authorization. All parties to this contract agree that the opecia utivas are, f fact, bona fide and possess full and complete authority to bind said Forma. LIMITATION OF TERMS. This Purchase Order expressly limits inceptmce to the terms and conditions smtd hcmn sea fond and any supplementary w additional tcmrs and conditions ammxd hereto ar incmp rs ed herein by reference. Any additional or different terms mad conditions proposed by seller are objected had hereby rejectd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the excell. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No acb of the Partition; including, without limimtion, acceptmce ofpanial late deliveries, shall operate 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 of placing this order elsewhere and holding the Seller liable for damage. Howcve . the Seller shall not be liable for damages as a vault of delays due to causes not reasonably f ,.arm a ile which are beyond its rmsomable mewl and without its fault mriandigmee, such acts of God, nets ofcivil or military, authorities, l o nsomenml pn comic fees, mikes. flood, epidemic, wars or hots pmvidd that rotire 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, rue date of delivery shall W extended for the pent equal to the lime actually lost by reason of die delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifirmoves, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted s andands for work of a similar nature. The Seller agrees to hold the purchaser harmless from any lass, damage or expense which the Purchaser may surfer or incur on account ofthe Sellers breach of warranty. The Seller shall explore, sepah or make good, northern, cost to the purebnser, any defech or fruits ansing within one (1) year we within such longs paned of time, w may M prescnbd by law or by the hmus of my applicable wamnry pmvidd by the Seller char the date of acceptance of the goods fireadishad hereunder waxer. cam to be unreasonably delayed), resulting from imperfect or defective week dove or materials famished by the Sella. Acceptance or use of goods by the Purchaser shall not comtimre a waiver crony claim under this wammry. Except as olawise provided in this purchase order, flue Sellers liability bactuder shall extend to all damages For urroody vowed by the breach of any 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 reams by women change order 5. CHANGES IN COMMERCIAL TERMS. The producer may make any changes to the mass, other than legal farms, including additiam to m deldiom from the quantities originally ordered in the speaficatom or drawings, by verbal or wei¢en change order. If my such change efree. the amount due or the rime ofperfomame hereunder, m equitable adjustment shall be made. 6. TERMINATIONS. Ile Purchaser may at my time by written change order, terminate this agreement as to any or all portions of fie goods then not shipped, subject to any equitable ndju9menl between the parties as m any work or materials then in progress provided that the Purehwer shall not be liable for my claims for anticipated profs on the uncompleted portion of fie goods ardor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Sella with respect to any goods which are the Sellers standard stock. No such termination shot] relieve the purchaser or the Seller ofany of their obligations as to my goods delivered hereunder. V. CLAIMS FOR ADJUSTMENT. Any claim for djnstment most be warmed within thirty (30) days from the date the change or marmosets 6 ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and f nnishd in strict compliance with all applicable laws end regulations to which the goods are subject. The Seller shall execute and deliver such documents in may be required to erred or evidence compliance. All laws and negational required to be ncoryomted in agreements of this character are hereby incorsomted herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fro all casts and damages sulferd by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the Pont wonrn cmoenl of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all aluipmenl, materials, and items fished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbmnca and claims afinhas. 11. NONWAIVER. Failure of the purchaser to insist upon strid performance of the terms and conditions hereof, failure or delay h exercise any rights or remedies provided herein or by law, failure to promptly rally the Seller in the event afa breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not relesu the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the pmeEaser to insist upon strict performance hereof or any of its rights or remedies in to my such goods, regardless of when shipped, received or accepted, ns to any poor or subsequent default hereander, her shall any purported oral modification or reaction. of this purchase order by the Porchaur operate ax a waivar of any of the terms heteaf. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Forebear wougnare dust in adult coo music Interim, overcharges resulting from eatiuust violations art in fact borne by the Forebear. Theretofore, fix good cause and ns consideration far executing this purchase under, the Seller hereby critical in the Purchaser any and all clams it may was have err hereaher acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to corral anicandlocromat or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Sella therea0er avfatal its inability or unwillingness to comply, the Purchaser may ounce the work to h performed by the most expeditions moms available an it, and ace Sella shall pay all costs manciatd with such work. The Seller shall release the Puchaser and ill mntmcmrs of any tier from all liability and claims of any refire resulting form the pcifo ram¢ of such work. This release shall apply even in the event of fault of negligence of the pony released and shall wmad to the directors, officers and employees of such party. The Sellers contmc¢ul obligation, including warmnry, shall not be darned to be walmd, in any way, because such work is performed or caused to be performed by the Perchance. UL PATENTS. Whenever the Sella is required m use my design, device, material err process commit by later, patent, tmdcmmk or copyright, rue 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, mamnal or process in comectim with the contract, and shall indemnify the Purchaser for my cast, expense or damage which it may he obliged to pay by reason of such infringement at any time during the prosecution or after rue 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, the Seller shall, at its own expense and at its option, either procure for the Purchaser the eight in continue using said equipment or pans, replace the same with substantially equal but nonlnfdnging equipment, or roadify it so it becomes nmtioMnging. 15. INSOLVENCY. If the Sellar shall become insolvent or banlnupt, make an assignment for the benefit of eebow. appoint a rereiver an rmame for any of tM Sellers property or hominess, this order may forthwith W canctld by the Pmchaur without liability. 16. GOVERNING LAW. The definitions ofterms usd or the interpretation ofthe agreement and the rights of all partial hereunder shall be construed under and governed by the laws of the Shim of Colorado, USA. The following Additional Conditions apply only in cases where the Seller B to perform work hereunder, including the services of Sellers Ratexcentative(s), on the premises ofame s, 17, SELLERS RESPONSIBILITY. The Seller shall any, can said work at Sellers awo risk it the smut a fully moadiad ad incepted, and shall, in cure of my accrdent desovctim or injury to the work and/or contacts before Scliers fatal completion call acceptance, complete the work in Sellers own expense and m the satisfaction of the Puralwa r. When materials and equipment am fisted by others for installation or emotion by the Seller, fie Sella shall receive, unlod, store and hurdle same at the site and become rearamoble therefor in though such materials and/or equipment were being famished by the Seller ands, the order. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compensation, including occupational disease berefics, to its emplayea employed on or in commence with the work covered by this po¢hsse order, caWoe b their dependence in accord rote with fle laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including. but ant limited to, covtruauul and salamobik public liability insurance with bodily injury and death limits of at least S300,000 for any ant Fewer, $300,000 for any one accident and property damage limit pee accident of S400,000. The Seller shall likewise require his commatmrs, if any, to provide for such compensation end insurance. Before my ofthe Sellers or his contractors employees shall do any work upon the premiss of orders, the Seller shall furnish the purchaser with a certificate that such compensation and insumma have been provided. Such ochricales shall specify the date 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 compression and insurance shall be maintained until net he entire work 6 completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby exammors the entire responsibility and liability fill any and all damage, loss or injury of my kind or refire whahoae to Persere or phepcny caused by or resulting from the exccuricen ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold bermleas the Purchase and my or all of the purenaers officers, agents and employees from and against any and all claims, losses, dxmaga, charges or expenses, whether dareat or indirect, and whefe to persons or property m which ate Purtbmer may be put or subject by mason of my act, action, neglect, omission or default on the part of the Seller, 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 Pumhswm, or its officers, agents or employees at any time on account or by reason of my zvS action, neglect omission or default of the Seller of my of his contractors or my of its or their officers. agents or employees in aforesaid, due Seller larceny agrees to assume the defense thereof and m defend the some at the Sellers awn expense, to pay any ad all casts, charges, atmmeys f and other expenses, my and all judgments that may he incurred] by or obtained author the Purchaser or any of in or their officers, agants or employees in such suits or other proceedings, and is case judgment or other lam be placed upon or obtained against fie property, of toe Purchaser, or said parties in or u is moult ofsuch suits or other Financings, due Sell. will at once exam the same to be dissolved and discharged by giving Food or ml arise. The Seller and his contmants sued take all safety precmlims. famish and install all guards necessary far fe Intervention of accidents, comply with all laws and regulations with regal to safety including, but without limimtion, the Occupational Safety ad Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 01I2014