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HomeMy WebLinkAbout120140 VARSITY FACILITY SERVICES - PURCHASE ORDER - 3215296PO PURCHASE ORDER 321529er Page City of PURCHASE 15296 1012 ' `t Collins( his number must appear V " 1 1 on all invoices, packing �slips and labels. Date: 01/13/2015 Vendor: 120140 Ship To: WATER UTILITIES VARSITY FACILITY SERVICES CITY OF FORT COLLINS 3720 W 72ND AVE 700 WOOD ST WESTMINSTER CO 80030 FORT COLLINS CO 80521 Delivery Date: 01/13/2015 Buyer: DOUG CLAPP 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 Ordered UOM Unit Price Extended Price 1 2015 Blanket Order 1 LOT LS 20,000.00 Utilities 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from time and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Invented Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1971, Chapter 39-26. Ili (a). Curd Rejected. GOODS REJECTED due to (allure to men specif croons, either whin shipped or due to defects of damage in transit may be retained . you for credit and are not no be replaced except upon receipt of women instructions from the City of Fan Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on areal. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in aithodsd paymmt on the pan of the City of Fort Collins. However, it is to be unclassified that FINAL ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. Freight Terms. Shipments most be F.OB., Ciry of Fort Collins. 700 Wood St, Few Collins, CO 80522. unless whernise speci fed on this order. If permission is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Dominate. Where manufacturers have distributing points in various pans of the country, shipment is expected tram me nearest distribution point to deer seen, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sale wet all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the some, municipality, emery or political subdivision where me work is performed, or required by my other duly constituted public autbonry having jurisdiction over the work of vendor. Seller further agrees to hold me City of Fort Collins harmless from and against all liability and loss tied by them by reason of an wanted or established violation of any such laws, regulations, ordinances, roles mounted asserequirements. Authentication. All parties to this contract agree the the representatives we. in fact bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions mind herein sa forth and my supplementary or additional ream and conditions annexed hereto or Inwryorazed herein by reference. Any additional or different terms and tendinous purposed by seller are objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment. arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be, effected wiMin the time stated on the purchase order and the docurna. artached here.. No acts of ffe Purchasers including, without limitation, acwptance supported laze deliverer, shall operate as a waver of this provision. In the evert of any delay, the Punctuator shall have, in initiation to otha legal and equitable remedies, the option of placing this order elsewhere and hole ng the Seller 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 without its fault of negligence, such acts of God, acts of civil or military aothomies, goven mortal priorities, fires, unees, flood, epidemics, wars or rims provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of die time what the Seller front received knowledge thereof In the event of my such delay, the dare of delivery shall be extended for the period equal . the time actually lost by reason of the delay. 8. WARRANTY. The Seller warrants that all goods, ankles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the hippest degree of cue and competence in accordance with accepted standards far work of a inner nature. The Seller agrees to hold the purchaser harmlics from my loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warmry. The Seller shall replace, repair or make goend without man an the purchaser, my def xis or faults arising within one (1) year or within such longer period of time as may be presented by law or by the terms of any applicable warranty provided by the Seller after the dam of acceptance of the good fumished hereunder (acceptance not to be unreasonably delayed), returning from imperfmt or defective work done or materials furnished by the Seller. Acceptance or use of good by the Purchaser shall not consntute a waiver of my clam coder this warranty. Except az otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss offset 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 ,as. change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the terms, other Nan legal terms, including additions to or deletions from the quantities originally ordered in the specifications or draw asp, by verbal or scram change order. If my such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by woman mange order, terminate this agreement as to my or all portions of the goods dim not shipped, subject m any equitable adjumnmt between the ponies at to any work or materials tom in progress provided Nn the Purchaser shall not be liable for my claims for anticipated profits on ffe uncompleted Woron of die goods and/or woh, for incidental or consequential damages, and Nat no such adjustment be made in favor of the Seller with respect. my goods which are me Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of my of their obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment main W asserted within tint, (30) days from me date the mange or termination is ordered. 9. COMPLIANCE WITH LAW, The Seller warrants that all good sold hereunder shall have bee produces sold delivered and Furnished in stnn compliance with all applicable laws and regulations to which the good are 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 are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the purchaser harmless from ail costs and damages suffered by the Purchaser as a result of the Sellers fluue, to comply with such law. 9. ASSIGNMENT. Neither party shill assign, transfer. or convey this order, or my monies due or. become due hereunder without the poor women consent of the other parry. 10 TITLE. The Seller warrants full, clear and unrestricted title. the Purchaser for all equipment, materials, and items famished in performance of this agnemmt free and clear of my and all liens, restrictions, reservations, security, interest encumbrances and clams ofo l ers. 11. NONWAIVF,R. Fvlure of the Purchazer to insist upon stria performance of the terms and conditions hereof failure or delay to exercise any rights or comedies provided herein or by law, failure to promptly notify the Seller in the event of a breach she acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of any of me warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon min performance hermfor any of its rights or remedies as many such goods, regardless of whom shipped, received or accepted, as to any poor or subsequent default hereunder, nor shall any purported now modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from sntiwst violations are in fact bout. by die Pum burr. Thamofore, for good as and w consideration for executing Nis purchase order, the Seller hereby assigns to the Purchaser any and all clams it may now have or hereafter acquired tinder federal or rime antitrust laws for such overcharges relating m me particular good or services purchased or acquired by the Purchaser pursuanno Nis purchase order. U. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillinpmss to comply, the Purchaser may cause the work . be Feria reed by the mast expeditious means available to it and the Seller shall pay all was i suciatd with such work. The Seller shall release the Purchaser and its contractors of any per from all liability and clams of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the Nr«tors, officers and employees of such parry. The Seller's contractual obligatiuns, including warrmry, shall not be deemN. be reduced, in any way, because such work is performed or caused ro W performed by the Purchas o. 14, PATENTS. Whenever the Seller is required. use any design, device, material or process covered by letmr, patent trademark copyright, the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement by reavin of the use of such patented design, 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 to pay by reason of such infringement at any time during the prosecution or after ffe completion of the work. In tau sad equipment or any pan thereof or the imended use of the good, is Of melt suit held to constitute infringement and the use of said equipment or pan is wroNed, the Seller shall, u its awn expense and a its option, either procure for the Purchaser the night m continue using said equipment or perm, replace the same with substantially equal but riminGnging equipment or modify it so it becomes nownfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bmkrupt make an assignment for the benefit of creditors, Wismar a receiver or truster, for any of the Sellers property, or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and she rights of all panes hereunder shill be construed under and Sovemed by the laws of the Stare of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Reproartativast, on the premises of others. IT. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own ask until she same is fully completed and accepted and shall. in e of any socident destruction or injury to the work and/or emends before Seller's final completion and acceptance, complee the work in Sella's own expense and . Otte satisfaction of the Purchaser. When awards and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, sure and handle some at the site and become responsible therefor as though such mmedals and/or equipment were being famished by the Sd let under the order. IS. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease berefts, no its employees employed on or in wrmmtion with the work covered by this purchase order, m kor to their dependents to accordance with the laws of the was in which the work is to be done. The Seller shall also carry, comprehensive general liability including, but not limited., contractual and aummobile public liability insurance with bodily injury and death limits of at least Map," for my one person, S500,o00 for any conaccident and property damage limit per accident of S400,000. The Seller shall likewise require his tractors, many, to provide for such comymsarion and Insurance. Before any of the Sellers or nit contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a cmificate that such compensation and irrsmance have berm provided. Such camfic out shall specify the date when such sumo, tsation and insurance have been D wMed. Such certificates shall specify the date what such cmpensation and insurance expire. The Seller epees that such commosatian and insurance shall be maintanal until after Ne entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Set ler hereby assumes the entire responsibility and liability for any and all damage. loss or injury of my kind r nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in Nis purmaze order min. —action herewith. The Seller will indemnify, and hold harmless the Purchaser and any or all of the Pumhasers officers, agents and employees from and Manst my and all dams, losses, damages. charges or expenses, whedrer &met or indirect and whether to persons or property . which the Purchaser may he put or subject by reason of any act action, neglect omission or defaWr on the par of the Seller, my of his contractors, or my of me Sellers or contmaors officers, agents or employees. In case my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employs at my time on accotml or by reason of my net, action, neglect, omission or default of the Seller of my of his contractors or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the came at the Sellers own expense.. pay any and all costs, charges, womeys fees and offer expenses, my and all judgments that may be incurred by or obeained against she Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lira be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same. be dissolved and discharged by giving bond or offerwise. The Seller and his contractors shill take all safety precautions, famish and install all guard necessary for the prevention of mddmts, wmply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant there.. Revised 07I2014