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HomeMy WebLinkAbout487267 TIP STRATEGIES INC - PURCHASE ORDER - 9125447PO PURCHASE ORDER 912544er Page CI'�/ of PURCHASE 25447 1 of z �} Collins( hisnumbermustappear 'V��`` V " 1 1 on all invoices, packing sli s and labels. Date: 08/25/2014 Vendor: 487267 Ship To: CITY MANAGER TIP STRATEGIES INC CITY OF FORT COLLINS 106 E 6TH ST STE 550 300 LAPORTE AVE AUSTIN TX 78701 CITY HALL WEST- 1ST FLOOR FORT COLLINS CO 80521 Delivery Date: 10112/2012 Buyer: PAUL, GERRY Note: Line Description Quantity Ordered UOM Unit Price Extended Price s Work Order No. 3 - req 47924 1 LOT EA 20,000.00 EHSP Update 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 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 98-0 502. Fcdeal Excise Tax Exemption Cenificam of Registry 84-601 is registered with the Collector of Internal Revenue, Denver, Colombo (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goads RejMed. GOODS REJECTED due to failure to meet sponfiwtions, either when shipped or due to defects of damage in transit, may be resumed to you for credit and are not to be replaced except upon receipt of wnaen instructions from the City of Fart Collins. Impaction. GOODS are subject to the City of Fort Collins inspection on ordeal. Final Acceptance. Receipt of the merchandise, Se or aryipment in response to this order can result in authorized Baymrnr on the pan of the City of Fan Collins. However, it is to be understand fast FINAL ACCEPTANCE is dependent upon completion of all applicable r cuired inspection procedures. Freight'I'erms. Shipments must be KOH, City of Fort Collins, 700 Woad St, Fart Collins, CO 80522, unless otherwise specified on this code,. Wpermission is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges far Backing will not be accepted. Shipment Bounce. When manufacturers have distributing points in various pans of the country, shipmcm is expected from the neatest distribution in, to destitution, and excess freight will ba dWucted from Invoice when shipments .,a made from greener distance. Permits. Seller shall practice at sellers sole cost all necessary permits, certificate and licenses national by all applicable laws, regulations, oNirunees and roles of the stare, municipality, amme, m political subdivision where ohm work . pafmmak or required by any other duly constimfed public amho,fy having jurisdiction over the work of vendor. Sella, further erg. to hold fie City of I. Collins harmless from and against all liability and loss incumed by them by reason of an assmed or established violation of any such laws, regulations, ordinances, roles and requirements. Authorization. All panics to this contract agree that the repremnfatives are, in fact, bona fide and paaess full and omplate authority to bind said Panic. LIMITATION OF TERMS. This Purchase Order epresly limits accepmnce to the tams coil conditions sated herein set forth and any supplementary or additional trims and cmlltions stmexed hereto err incoryorated herein by reference. Any additiorul or dilTerent terms and conditions proposed by seller are objected to and hereby rejected. 3. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedmely if you cannot make complete shipment 1. arrive on your promised delivery Jam as noted. Time is of the essence. Delivery and performance must be, aflecmd within the time soiled on the purchase order and the documents attached hereto. No acts of rise Purchasers including, without limitation, acceptance ofpertial late deliveries, shall operate as a waiver of Iris provision. In the event ofany delay, the Purchaser shall have, in addition to other legal undisputable remedies, the option of placing this order elmwhere and holding the Seller liable for damages. However. the Seller shall no, be liable for damages as a rasa], ddelays due to cause not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of GmE act nfrivil or mdace, authorities, Sovemmenml priorities, Gres, strikes, flood, epidemics, warp or hots provided that notice of the conditions causing such delay is given m the Purchaser within five (5) days of the time when the Seiler for received knowledge da rmf In the e'en, of any such delay, Ire date of delivery shall be extendN for the period ryhot m the lime actually lost by ream. ofthe delay. 3. WARRANTY. The Seller warrants that all goad, articles, materials and work covered by this order will conform with applicable dawings, specifications, wit -do, other descriptions given, will be fit for the purpose intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a 'milar ware. The Seller agrees to hold the purchaser harmless from any Ins, damage he expense which the Purchaser may sutttr or incur on account of the Sella breach of waranty. The Seller shall replace, repair m make good, wltbnut cost to the puucham4 any defects or fawn among within one (I) year or wild. such longer period of time as may m prescribed by law or by the tetras of any applicable waxi provided by the Seiler Our, the dam of .reformat of the good furnished hereunder (acceptance not to be unma suably delayd), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall our constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extol m.11 damages proximately examil by the breach of my of the foregoing warranties or guamutims, but such liability shall in no event include loss of profits or toss 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 terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Puahsser may make any changes to the terra, other than legal from. including s lditio ss to or deletions from the quanritie originally ordered in the specifications or drawings, by verbal or awlm change order. If any such change aliens the amount due or the time ofpedbrere mancer hereunder, an arthritic adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminals this agreement as to any or all portions of the goods than Out shipped, subject many aluimble adjustment between ,he parties as to any work or materials then in program provided that the Purchaser shall eta be liable for any claims for anticipated parts on the uncompleted portion of the good ands., work, fro incidental or amuse, ential damages, and that no such adjunmmr be made in favor of the Seller with respect to any goods which ate the Sellers sandal stock_ No such mundinction shall relieve ,he Purchaser or the Seller of any afflict, obligations as an any goods delivered hereunder. t. CLAIMS FOR ADJUSTMENT. Any claim Or adjustment most be asserted within thirty (30) days from the date the change Or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants 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 good are subject. The Seller shall execute and deliver snch documents as may be required m alien or evidence compliance. All laws and regulations required to be incorporated in agreements of this character ere hereby incorporated herein by this reference. The Seller agrees m indemnify and hold ire Purcharm harnJeas fmm all cos¢ and damngas suffered by the Purchaser as a resell of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pany shall assign, mmefer, or canvry this order, or any monies due or to become due hereunder without the prior wriarn consent of Be other parry. I O. TITLE. The Seller wmuants full, clear and chronicled title to Ore Purchaser for all equipment, materials, atl itance, f gnishd in performance of this agreement f and clear of any and all liens, resWctiors, reservations, security interest mcumbmnces and claim of others. 11. NON WAIVER. Failure of the Purchuer to insist upon strict performance of the terms and conditions hereof. failure err delay on exercise y rights co mushier re fil mus r provided human or by law, failuto promptly notify the Seller in e event of a br anch, the acmytance ofor payment for goads Particular or approval ofthe design, shall riot release the Seller of any of the warranties or obligations of this pamham order and shall not be commit a waiver of any right of the purchaser is insist upon min prrfmmance hcm.for any of in ngM, or a ashaS as ro any such goods, regardless Of when shipped, received or accepted, se to any prior or wbmquent default hereunder, an, shall any p.,.n,d oral mudi ficalion 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 tarragon that in scmal economic pointer, overcharge resulting from antitrust violations arc in fact home by the Purchaser. Theretofore, for good cans, and as res sidemtion for executing this purchase .,,]at, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under lacrimal or state nations, laws fur 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 dlrens the Seller to correct nonconforming or del Live good by a date to ba agreed upon by fire Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may came the work to be performed by the most expeditious means available to it, and the Seller shall pay all casts associated with Such work. The Seller shall release rise Purchaser and its contractors of my tier tam all liability and claims of my nature reselling from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employee, of ouch parry. The Seller's mntmnunl obligations, including warranty, shall not be deemed to be reduced, in any way, because Such work is performed or caused to be peRormN by the Purchaser. 14. PATENTS. Whenever the Seller is coconut to use any design, device, material or process covered by larger, pater, trademark r copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for inGngemern by reason of the use of such patemed design, device, material or process in connection with the contract, and shell indemnity the Purchaser fie any cast, expense or damage which it may be obliged to pay by reason of such infringement in any time during the proormlion or after the completion of the work. In cam said equipment, or any pan thereof or the intended use of the good, is in such suit held to constitute impingement and me use of said equpment or rya is enjoirrcd, the Seller shall, at its nun expend and at its option, either procure for the Purchaser fie right to continue using said equipmwm at pan, replace the same with substantially equal but noninfdnging equipment, m modify i, so it becomes noninMngirt, 15, INSOLVENCY. If the Seller shall become insolvent m baelanpt make as soignmrnr for the heart,, of creditors, appoint a or .stet for any of the Sellers pmpmy or business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terns used or the interpretation of the agreement and the rights ofall parties hereunder shall to, uns.eJ under and govemed by the laws of the Soule of Colorado, USA. The following Additional Conditions apply only in cases whom the Seller is m pfRomr work hereunder, including the mmices ofSelim Repmmnmrme(s), on the premise of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own nsk until fire same is fully completd and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Sellers Final completion and acceptance, complete the work at Sellers own expense and in the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, stare and handle same at the site and become responsible therefor as though such materials andfor equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workm compensation, including occupational disease benefits, mils employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which file work is to be done. The Seller shall also carry comprehensive general liability including but not limited m, conumcoual and automobile public liability houame with readily injury and dead, limits of at least S300,000 for any one person, $500,000 for any one accident and progeny damage limit pet accident of 5400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his restrictions employees shall do any work upon the premises of others, the Seller shall famish Ire Purchaser with a certificate that such compensation and insurance have been provided. Such cenillemes shall specify the dam ohm such compensation and insurance have been provided. Such certificates shall specify the date when such compensation nd i ouana expires. The Seder agrees Out such compensation and insurance shall to maintained until after the mtim work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, lass or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchnsa order., in ommenion himself, The Seller will indemnify and hold hmmless the Purchaser and any r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charge or expenses, whether direct or indirect, and whether m parsons, or property to which no Purchaser may be put or subject by reason of any act, action, original. omission or default on the can of the Seller, any of his commcws, or any of the Sellers or conhacmrs officers, agents or employee. In case any suit or other proceedings shall be brought against the Purchaser, err its officers, agents or employers at any time on account or by reason of any act, action, neglect, omission or default of fire Seller of any of his contactors or any of its or their oRcers, agents or employees as afon,aid, the Seller hereby agrees to assume the defense thereof and to defend the come anhe Sellers own expense, as pay any and all cents, charges, a.meys fees and order expenses, any ml all judgments that may be incurred by or obsained against the Purchaser m any of its or their officers, agents or employee th such suits or other proceedings, and in cast judgment or other lien be placed upon or obraind against the pmpmy ofthe Purchaser, or mid parties to err as a result of such suits or other proceedings. the Seller will at once caum the same to be dissolvd and discharged by giving bond or otherwise. The Seller and his conactom shall take all safely precautions, famish and moral all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety molesting. but without limitation, the Occupai... I Safety and Health Act of 1970 and all ales and regulations issue pursuant thereto. Revised 07/2014