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HomeMy WebLinkAbout120140 VARSITY FACILITY SERVICES - PURCHASE ORDER - 9150740PO PURCHASE ORDER 915074er Page C117/ of PURCHASE 50740 1 of z `t Collins( This number must appear ` v " on all invoices, packing sli s and labels. Date: 02102/2015 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: 02/02/2015 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price t Bus cleaning services Per #7662 Transfort Bus Cleaning Services Agreement. Per month bus cleaning $7,224 Required annual bus cleaning $2,812 Total annual $89,500 Contact Mike Conlev 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 89,500.00 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from sure and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Femenl Excise Tax Exemption Cat of Registry 84-600058E is regivered with the Collector of Failure of the Pumha in a insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Drover, Colorado (Ref. Colorado Revised Murton 1923, Chapter 39-26. 114 (a). ex is any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a Fauna, Cthe acceptance of., payment for goods hereunder ar approval of the design, said not release the Sella of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the Manage in transit may be reamed to you for credit and are not to b, replaced except upon receipt of wrinen purchaser to insist upon strict performance heteofor any of in rights err anomalies as to any such goad, regardless instructions from the City of Fon Collins. of what shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the tams Impaction. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in mortise to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorised payment on the Pan of the City of Fan Collins. Howeva, it is to be understood Out FINAL Sella and the purchaser recognise that in actual aromatic practice, o erchanges resulting from an,,=, ACCEPTANCE is dependent upon complecionof all applicable required inspection procedure, violations are in fact some by Me Pmrchaser. Thereafem, for good aure and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or member Freight Tome. Shipments most be F.O.D., City of Fort Collins, 20) Wood St, Fort Collins, CO 80522, unless acquired under f veM or sure amount laws Ira such overcharges relating an the particular good or services otherwise specified can this order. Il pmnission is Inert to prepay freight and charge separately, Ore original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill mar accompany Entries. Additional charges for puking will nut b, scroll Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expeaed from the context distribution point to deviation, and excm freight will be deducted from Invoice when shipments are made from grater duume. Permits. Seller shall procure to wllen to cost all acasvry pamiu, eenifirotrs and licenses required by all applicable laws, roplatios, ordinances and tales Mthe stam, municipality, mmary or political subdivision where list work u performed, or required by my offor duly mnstiruted public authority havingjuradinion over the work of vendor. Seller fuller ogees to hold the City of Too Collins board. from and against all liability all lass incurred by them by crown of an assented or established violation of any such laws, regulations, ordinances, ales all requirements. Audmrrzdon. All panics to this contact name that The representatives am, in fact, boa fide and possess full and complete embanry to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions sated herein set forth and my supplementary or Additional moms and condition annexed hereto or inamorata] herein by reference. Any additional or different terms and condition proposed by seller art objected to and hereby jetted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately tryout canna make complete shipment o arrive on your promised delivery data as ..led. Time is of the eurrom. Delivery and performance most he craned within the time stated on the purchase order and the documents attached hereto. No acU of the Purchasers including, without limitation, acceptance of partial ].to deliveries, shall operate as a waiver of This provision. In the event of any delay, the Pardoner shall have, in addition to other legal and equitable mmedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a rail, of delays due to causes not reawnably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of", tax of civil or military authorities, governmental priorities, fircs, strikes, head, epidemics, wars or dots provided that notice of the conditions causing such delay is given to the Purchuer within five (5) days of the time when the Seller first received knowledge themf. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually last by reawn of the delay. 3. WARRANTY. The Seller warrants that all goads, articles, materials and work covered by this order will conform with applicable dmwings, specifications, wmplo and/or other descriptions given, will be fit for the pra miss intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar in. The Seller agrees to hold the purchaser harmless from any loss, damage or core. which the Purchaser may suffer or i.e., on account of the Sellers breach of warranty. The Seller shall replace, repair or Take good, without cast to the purchaser, any defects or farm arising within one (1) year or within such longer period of More a may be prescribed by law or by the terms of any ap,Ii.blc wanwly provided by the Seller after the date of acceptance of the good furnished hereunder bomptmce not to be unreasonably delayed), resulting from imperf t or defective work done or materials furnished by the Seller. Acceptance or ere of gaud by the Purchaser shall not constitute a waiver of any claim under this warrant, Except as otherwise provided in this purchase a,&,, the Sellers liability hefewder 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 of era. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY, 4. CHANGES IN LEGAL TERMS. The Purchua may make change in, legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Punchacer may make any changes to the terse, other than legal terms, including additions to or deletions from Me quantities originally oademd in the specifim,ioa or drawings, by vaWl or "him change order. If any such change afRcm the amour due ar the time ofperf anee hereunder, a a equitable adjustment shall be made. 6. TERMINATIONS, The Purchaser may at my time by toddled change order, terminate this agreement as to my or all portion of Me grad them no, shipped, subject a any equitable adjustment beds. the Forma as to any work or materials me. in progress provided that the Prchaser shall at has liable fro any claims for anticipated profis on the uncompleted portion of roe good mNo, work, far incidental or constyuemial cotangent. and that an such adjummant be, made is favor of the Sella wit respect to my good which see the Sellers standard stock. No such uncommon shall relieve the Pachrer or the Sella army of their obligations as to my good delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for adjusment must be aaerted within thirty (30) days from the dam toe change or mrmlation is ordaed. 8. COMPLIANCE WITH LAW. The Sella warrants that all goods wild Immunda shall have been produced, sold, delivered and fumished in strict ..pit. with all applicable laws and regulations to which The goods am subject The Sella shall estrum nand deliver such doemmana m may be national to effect or evidence compliance. All laws and regulations required to be, dcoryowted in agreements of this character an, hereby incorporated herein by this orientation. The Sella agrees to indelicately end hold Me Purchaser hmmless from all cats and damages sulfaed by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign transfer, or come, this order, or my monies due or to become due hereunder without the prior wriven consent ofthe other party. 10. TITLE. The Seller warrant full, door and for esMaed title to the Purchaser for all aquipmenL materials, and items famished in performance of this agreement, free and clear of any and all lien, restrictions, reurfion rat security interest morman mca and claims ofothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifte Purchases directs the Seller to correct nonconf ing or defective good by a Mane to be agreed upon by the Purchaser and the Seller, and Me Sella therezRa indicates its wituhly or unwillingness to comply, the Purchase nay cause the work m be performed by the most expeditious nteare available to it, and the Sella shall pay all cats associated with such work. The Sella shall release the Purchaser and its contractors of any tier (tam all liability and claims of my nature resulting fmmthe pelf reof such work. This release shall all even in the event of fault of negligence of the party redwood and shall extend to the directors, oRcers and employees crunch Entry. The Seller's contactml obligations, including warant , shall not h deemed to be reduced, in any way, because such work is performed or caused to be performed by Me Purclasa. 14. PATENTS. Whenever the Seller is required in use my desigp, device, material err process covered by letter, paanu, undemark to copyright, Ore Seller shall indemnify and save harmless the Pumhuer from my and.11 claims for infdngemem by nown of the use of such patented design, device, material or process in correction with the comma, and shall indemnify the Purchrer OR my cast, expense or damage which it may be obliged to pay by raven of such infringement at my time during the prosecurion or after the completion of the work. In case wid equipment, or any pan thereof or the intended use of the goad, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Sella shall, at its own expense and at its option, either procure far the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but m n i feiming equipment, or modify it so it becomes noninfnnging. 15. INSOLVENCY. If the Seller shall became insolvent or battkapt make an acuignment for the benefit of creditors, appoint a err msstoo for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. I& GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights of all panics hereunder shall be convinced uMe, and governed by the laws of the State ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(,), em the premises of others. 12. SELLERS RESPONSIBILITY. no Seller shall cony oa said work at Sellers awn risk until the name is fully completed and accepted, and shall, in u of any accident, destruction or injury to the work and/or materials before Seller's Bad completion and creptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and exripment are f ishoi by others for installation or erection by the Sella, the Seller shall receive, unload, more and handle name at the site and became respoaible therefor as though such materials stuck., equipment was being furnished by the Seller under the order. 18. INSURANCE. The Sella shall, at his awn expense, provide for the payment of workers compensation, including occupational disease batefis, to its employees employed on or in radiation with the work covered by this purchase order, and/or in their dependents in accordance with the laws of the store in which the work is to he done. The Seller shall also carry comprebrnsive gmewl liability including, but cut limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S30),000 fro my one person, S500,000 for any one incident and property damage limit per accident of 5400,000. The Sella shall likewise require his contactors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any weak upon the promises of others, the Seller shall famish the Purchase with a anificam that such c.,.,a. all inwranee have been provided. Such certificates shall specify Me date when such eompeaMon and inver—se have been provided Such cdifeates shall specify the date when such compensation all insurance expires. The Seller agrees That such compensation and common, shall be mainminM until alter the entire work is completed all accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire respsoffidir, anM liability for any all all damage, loss of injury army kind or azure whascever a persons or property rued by or resulting Room doe excitation ofthe work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold harmless the purchaser and my or all of the Purchasers ci icers, ageats and employees from and against my and all claims, losses, damages, charges or expenses, whether dbea or whown, all whether to persons or papacy to which the Purchaser may be put or subject by mason of my tat, notion, duration, omission or default an the part of The Sella, my of his contractors, or any of the Sellers or corrosion officers, agents or employees. In case my suit or other proceedings shall be, brought against the Purchaser, or its officers, agents or employers at any time on account or by mason of any act, action, neglect omission or default of the Seller of my of his contactors or my of its or their micas, age.¢ or employees as aforesaid, the Seller hereby agrea to assume the &to. theeof end to defend the same at the Sellers own exp ctse, to pay any and all ass, charges, atameys foes and other expenses. any all all judgments that may be, incurred by or obtained against the Porchazer or my of its or their officers, agents or employees in such suits or other proceedings, all in case judgment or other lim be, plural upon or Obtained against The properry of the Purchaser, or said portion in Or as a reach ofsuch suits or other pmecon irip. the Sella will at once rouse the same to be dissolved all discharged by giving bond or odrerwiae. The Seller and his mntmetars shall take all safety prcautions, famish and taint all guard necessary for the prevention of raiders, comply with all laws and regulations with regard to wfry including, but without limitation the Occupational Safety all Health Act of 1970 and all ales and regulatiom ismed parri theMo. Revised 0712014