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HomeMy WebLinkAbout495782 ABOVE ALL DENVER WINDOW CLEANING - PURCHASE ORDER - 9150137Fort Collins PURCHASE ORDER PO Number Page 9150137 1o13 This number must appear on all invoices, packing slips and labels. Date: 01/08/2016 Vendor: 495782 Ship To: FACILITIES DIVISION ABOVE ALL DENVER WINDOW CLEANING CITY OF FORT COLLINS 4457 CLAY ST 300 Laporte Avenue DENVER CO 80211-1432 Building B FORT COLLINS CO 80521 Delivery Date: 01/08/2015 Buyer: DOUG CLAPP Note: Line Description Quantity Ordered UOM Unit Price Extended Price i Blanket Order- Ops Sery 1 LOT LS 20,000.00 Window Cleaning cover the cost of window cleaning per bid #7305 for fiscal year 2015. A monthly bill shall be sent with building description, work order # and amount charged. This purchase order is for the procurement of goods and/or services, as needed during the current fiscal year. Dollar amounts specified are estimates and not a promise to purchase any minimum amount of goods and/or services. 2 Blanket Order- P & Rec 1 LOT LS 11,000.00 Window Cleaning a Blanket Order -PD 1 LOT LS 8,700.00 Window Cleaning 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER PO Number Page 9150137 2of3 This number must appear on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 4 Extra Window Cleaning 1 LOT LS 2,000.00 Operation Services 5 Extra Window Cleaning 1 LOT LS 1,500.00 Parks & Rao 6 Extra Window Cleaning 1 LOT LS 500.00 Police Department City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $6000 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 $43,700.00 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 3 of 3 I. C01,04ERCIALDEfAIIS. Taaaarnpdoe, By Moonachie City of Fort Collins is exempt fromstate and local taxes. Our Exemption Numheris 11. NONWAIWIL 9"502. Federal Excise Tex Exemption Certificate of Registry 84-600 S8T is regulated with the Calhoun of Failure of the Purchssu m initial upon strict performance of the terms and canditiom hercof failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 19T3, Chapter 39-26, 114 (a), excise my rights or remedies provided herein or by law, failure ed promptly notify the Seller in the event of is breach, the acceptance of or payment for goods hereunder or approved of the design, shall not release $e Seller of Goods Rejected GOODS REJECTED due to failure at meet specifications, either whom shipped or due to defects of my of the w oodcar er or obligations of this purchase order ad shall not be deemed a waver of my right of the damage in transit may be normal in you for credit and ere not m be replaced except upon receipt of wrinen purchaser to insist upon stria performance hereafor my ofits rights or remedies as m my such goods, regardless instructions from the Cityof Fort Collins, of when shipped, received or accepted, a to my prior or subsequent default hereunder, nor shall my purported Orel modification or rescission of this purchase order by the Purchases operate as a waver of my of the terms Wpection GOODS sm abject to the CiyofFort Collins; inspection on arrival. hereof. Final Acceptmm Receipt of the merchandise, services or equipment in mundane to this order can resat in 12. ASSIGNb4NT OF ANTITRUSTCIAIMS. authorised payment on the pan of the City of Fort Collins. However, it is to be understood the FINAL Seller and the Purchaser recognise that in acted economic practice, overcharges re fin ng from antitrvst ACCEPTANCE is depomdent upon completion of all applicable required impaction procedures. violations are in fact biome by the purchaser Thererofore, for good room and ss consideration for exttuting this purchase order, the Seller hereby assigns to the Purchaser any and all daims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 7W Wood St., Fan Collins, CO 80522, unleas acquired order federal or state antitrust laws for such overcharges mining to the particular goods or services otherwise specified on this order. lfpetminion is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order, bill mot accompany invoice. Adi ibond charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufmtwm have distributing points in variom pats of the country, shipment is IUdm Purchaser dints the Seller to correct nonmNOmung or defective goods by a&te as be agreed upon by the expected tom the nearm dirtribution point to destination, and exruz height will be deducted from Notice Am Pwchamr and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made Beam grate distance. mry roam the soh an be performed by the most expeditions means available to it and the Seller AM[ pay all con associated with such work. Permits. Seller shall procure at .11. In mat all necessary permits, camficaren and licanseu required by all applicable law; regulations, or krum. and rules of the nam, mmdcipatiy, territory in political subdivision where As work is performed, or required by arty other duly conexamed public mthmiry having jurisdiction aver the work of vendor. Seller fuller agrees to hold the City of Fan Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of my such laws, regulations, ordinances, rules Ad requirements. Authorization All patio to this contract agree that the represmmtivea sm, in feat India fide and posmx fill and complete mod ariy to bind said parties I.DATATION OF TERMS. This Purchase Order expressly limits soceptwce to the temp and conditiom stated herein sin foM cod my supplementary or additional tertm and conditiom soot herein or unimportant herein by inference. Any additional or different mots and conditions proposed by seller am abject to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to active an your promised delivery date as noted. Time is of the essence. Delivery and pedormmcc mot be effectci wain the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate u a waiver of this provision. In the event of my delay, the Purchaser shill have, in addition to other legal and equitable remedies, the option of planing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages an a result of delays due in causes not reamnably foreseeable wldch are beyond its mamnable con rd and without its fault ofnegligence, such acts of God, acts ofcivil or military unhand, governmental Florida, firs, mikes, Rood, epidemim, van or riots provided that notice of the conditions causing such delay is given to the Purchasfir within five (5) days of the time when the Sella Prot received knowledge thereof In the event of my rush delay, the dam of delivery shall be mended for the period hand to the time actually lost by reamn ofthe delay. 3. WARRANTY The Seller warranm that all goods, sr icho, materials cod work covered by this order will at.. with applicable drawings,specifications, sample and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care cod nonpersons in accordance with accepted standards for work of a imilar nature The Sella agrees to hold the purchaser harmless from my loss, damage or expense which the Function may suffer or incur on acc mat of the Sellers Incubiof svaneny. The Seller shill replae, repair err make good, without not m the purcha., my defects or faults arising within our (I) yea or within malt larger period of doe. may be prescribed by law or by the tenor of any applicable wavany pmvidcd by the Seller An the daze of wcepunce of the goods fumidrcd heremder (acceptance not to W immeasurably delayed), resulting from imperfect or defective work done or materials fumished by the Seller. Acceptance or use of goads by the Purchaser shall not constitute a waiver of my claim under this wanany. Except as otherwise provided in dos purchase order, she Sellers liability hereunder shall ecwd no all damages prommately caused by the breach of any of the foregoing warntim or guareatees, but such liability shall in no event include loss of profits or loss of use NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchases may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchases may make my changes to the tams odtu then legal tam q including additions to or deletions farm the quantities originally ordered in the specificadom or drawings, by verbal or wrion change order. If my such chwge affects the amount due or the time ofperformance hereunder, an equitable adjustment shill be made. 6. TERMINATIONS. The Purchase may d my time by written change order, terminate this agreement w to my or all portions of the gods then not shipped, subject to any equitable adjustment between the parties as no my work or materials then in progress provided that the Purchaser Ad) not be liable for my claims far anticipated profits an the uncompleted portion of the gods and/or work for incidental or wnaequential dehnaga, and that no such adjustment be made in favor of the Seller with respect m my goods which sre the Sellers standard Brock No such Intonation shall relieve the Prrhmeror the Sella ofany ofthch obligniom as m my goods delivered hemmder. T. CLAM FOR ADNSTMET. My clam for adjustment raw be axereed within thirty (30) days from the date the change or termination is ordered 8. COMPLIANCE WITH LAW. The Sell. warms 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 ss may be required ro affect or evidence compliance. All laws and regulations required to be incorporated in agreements of this chanter are hereby incorporated herein by this reference, The Seller agrees to imhour ify and hold the Purchaser harmlm from all costs and damages suffered by the Panheon ss a result of the Sellers fences to comply wits such law. 9. ASSIGNMENT. Neither parry shall using, mamf., or wave, this order, or my monies due or in become due hereunder with."e prior written content of the other parry. 10, THTR The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in ped'mm.,. of this agreement free end clear of my and all liens, restrictions, reservations, security late,. encumbrances and claims ofothers. The Seller shall release the Purchaser and its contract of my tier from all liability and claims of my nature resulting from the performance afmah work This Masse shell apply even in the event of fault of negligmca of the parry released and shall exmad to the directors, officers and employees clinch pay. The Seller's contractual obligations, including warrmy, shall not be domed to be reduced, in my way, become smh work is performed or caused to be performed by the Purchaser. 14, PATENTS. Whenever the Seller is required to era my design, device, handed or process covered by lever patent redmank or copyright, the Seller shill indemnify and save harmless the Puncheon from my and all claims for infringement by mason of the use of each patented deign, device, material or process in connection with the contract, and shall indemnify the purchaser for my cost, expense or damage which it may be obliged m pay by reason of such infringement at my time during the prosecution or aRer the completion of the work. In case said equipment, or any part thereof or the intended use of the goads, is in mch suit held to comonam, infringement end the use of said equipment or pan is enjoined, the Seller shall, a its awn expense and at its option, ether procure for the Purchaser the right to continue using said equipment or pars, replace the same with substantially equal but naninfringing equipment or medify, it m it becomes noninfringing IS. INSOLVENCY. If the Seller shall become insolvent or bankrupt make w assignment for the benefit of creditors, appoint a receive, or trust. for my of the Sellers property or busearthi this order may foMwith ho canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interyroation of the agreement and the rights of all powder hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, inducting the services of Sellers Repracntative(s), on due premises ofmham IT. SELLERS RESPONS11i The Seller shill wary on said work 0 Sellers own risk mail the same is rally completed and accepted, and shill, to case of my accident, denrnedan or injury to the .nth and/or hnatedals before Sellds Find compledon and acceptance, complete the work in Sellars own expense and to the satisfaction of the Purchaser. Who materials and equipment are famished by others for instillation or erection by the Seller, the Seller Ad] receive, added, store and handle same at the As and became responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. I B. INSURANCE. The Seller shall, a his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in command with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the sane in which the work is to be done. The Seller shall elm carry comprehensive general liability including but ant limited m, contractual and amomobile public lad iliy bounce with bodily injury and death hours of at least 5300,000 for my one person, 5500,01i for my one nuident and property damage limit per accident of S40 ,D)i The Seller shall likewise ,.i. his contractors, if my, to provide for such campomsation and insurance. Before my of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shill famish the Purchaser with a certificate that such compensation and insurance have been provided. Such cenihcates shill specify the date when such compensation and insurance have been provided. Such ifianficaea shill specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance Ad be maintained mot Net the more work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES, no Seller hereby woustrace the mum ruponsibility and liability for say and all damage, loss or injury, of my kind r mime wfiatsoever in persons or prapeM tamed by or resulting from the execution of the work provided for in Nis purNae order or in correction h.camb. The Seller will indemnify and hold hand. the Purchaser and my or all of the Furchaers officers, agents and employees from and against my and all claims, loxes, damages, Naga or expenses, whether direct or indiri and whether to persons or property an which the Purchaser may be pm or subject by moron of any act anion, neglect omission or default on the pan of the Seller, my of his contractor, or my of the Sellers or contractors officers, agents or employees. In cam my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of my act action, neglect omission or default of the Seller of my of his contractors or my of its or their officers, agents or employees on afarmdd. the Seller hereby ogres to assume the defense thereof and to defend the acne at the Sellers own expense, to pay any and all casts, Aargau, attorneys fees and other expenses. my and all judgments that may be incurred by or obtained against due Purchaser or my of its or their offiurs, sgenrs or employees in such ou s or other procheamM and in raze judgment or other lien be placed upon or obtained ageima the property ofthe Purchaser, or said parties in or a a mesWa of such sorts or other proceedings, the Seller will at once rave the same to be dissolved and discharged by giving bond or od uwim. The Seller and his contrmt.a shall take all safey pmecautiom, famish and inatall all guards necessary for the prevention of accident, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and ill cola and regulations issued pursuant thereto. Revised 03R014