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HomeMy WebLinkAbout507959 FLAGGERS INC - PURCHASE ORDER - 3214334 (2)PO PURCHASE ORDER 321433er Page C117/ of PURCHASE 4334 1 of z Flirt Collins( his number must appear !\,/`I ` \I 1 1 on all invoices, packing sli s and labels. Date: 09/26/2014 Vendor: 507959 FLAGGERS INC 420 E 58TH AVE SUITE 116 DENVER CO 80216 Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 01/15/2014 Buyer: JOHN STEPHEN 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 UOM Unit Price Extended Ordered Price 2 ADDENDUM TO PO 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 70,000.00 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt f stare erW local tars. Our Exemption Number u 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cenificam of Rcgim, P-SDA)587 is registered with the Collector of Failure of fe Purchaser to insist upon strict performance of the team and mMirions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sutras 1973, Chapter 39-26,114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a breach, the acceptance of -payment for SoaL hereunder or approval of the design, total tot release the Seller of Grads Related. GOODS REJECTED due to failure to meet specifications, either when shipped or due to dcruc s of cry of the --it- or obligation of this pumbam order ad shall not be deemed a waiver of any right of the damage in tmmit, may be rerumed to you for credit and are riot to be replaced except upon receipt of wrimen purchaser m insist upon sulct performance to reafm any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of what shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral mdi fication or rescission of this purchase order by the Purchaser square as a waiver of any of the man Inspection. GOODS are subject to the City affront Collins inspection on lord. hereof. Paul Aceepowar. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. amherized payment on the part of roe Cry of FortCollins. However, it is to be understood that FINAL. Seller and the Purchnser Tempos, that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion.fail applicable required impedimi procedures. violations me in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Teens. Shipments most be F.O.B., City of Fort Collins, ]Ill) Wood St, Fria Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relying to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purtha e.,its,. bill must accomman, invoice. Additional chores for packing will not be accented. Shipment Distance. Where manufacturers have dusibuting points in various pans of the country, shipment is expected from the nearest distribution Point to destination, and excess freight will be deducted from invoice when shipments art made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, ceniftwrs and licenses required by all applicable Ions, regulations, offimnca and rules of the stem, munirtarliry, mmtory or political subdivision where the work is performed, or required by any other duly com orted public authority havingjurisdir ion over the work of vendor. Sella further agrees in hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an assumed tar established violation of any such laws, reg darmus, mcdowaees, ade5 sort requiremens. Authorization. All parties to this contract agree But the representatives arc, in fact, barn fide and possess fII and complete authority to bind said panties. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated herein set Ibnh and any supplementary or additional term and conditions annexed hereto or incorporated herein by reference. Any addiarral or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents atuchat hereto. No acts of the Purchasers including, without Imitation, wri prance ofpartial late deliveries, shall operate as a waiver of this provision. In the event ofany delay, Or Purchaser sba11 have, in addition to older legal and equitable readies, the option of placing this order elsewhere and holding the Seller liable for damage. However, the Seller shall nor be liable for dama,ex a a result of delays due to causes not rwsorpibly foreseeable which are beyond its remmoble conical and withom its faun ofnegligence, such acts afGd, arts of civil or military minorities, govcmmmtal priorities, Gres, Sorkin, Bond, epidemics, wars or riots provided that .tree of the conditions wain, such delay is given to the Purchase, within five (5) days of the time when the Seller fin received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period ry.I to the time actually lost by reason of the delay. 3. WARRANTY. The Seiler warrants that all goads, articles, materials and work covered by this order will coed rat with applicable drawings, specifeations, sampler 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 standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without in to the purchaser, any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the tames of any applicable warranty provided by the Seller after the time of cceptnnce of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials Pomished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase under, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, 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 Purchaser may make changes W legal terms by woman change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any cassava to the terms, other man legal tames, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or women change order. If any such change affects the amount due or the time ofperfotmance hereuMa, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by walnen change order, terminate this agreement m to any'or all portions of the goads then not shipprd, sobject to any equitable adjustment between the parties. to any work or materials then in progress provided that the Purchaser shall nut be liable for any claims for anticipated profits on the uncompleted portion of the goofs and/or work, for incidental or consequential damages, and that no such adjustment be made in f vor of the Scller with respect a any,riads which ere the Sellers standard stock. No such anminmimi shall relieve the Purchaser or the Seller of any of their obligations as to any pawls delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for djusimew most be assured within thirty (30) days firm the dam the change or termination Is ordod. S. COMPLIANCE WITH LAW. The Sella warrants Out all goods sold hereunder shall have bren produced sold delivered and fiunishd in mict compliance with all applicable laws and regulations to which the good are subject. The Seiler shall execute and deliver such documate, as may be bra inal to effect or evidence compliance. All laws and regulations required to be inaftwo tit in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify road hold the Purchaser harmless from all costs and damages suffered by the Pmrchaer as a moral of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, vao@r, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser, for all equipment, materials, and items famished in performance of this agreement, free and dew of any and all liens, restrictions, reservations, security interest encumbrances and claims brothers. 13. PURC14ASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Porchma dimes the Seller to cortex wasonfmmin, ar defetive 0oned, by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates iu inability or unwillingness to comp), the Purchaser, may wane the work to be performed by the most expeditious means available to it, and the Sella shall pay ell costs associated with such work. The Sells shall release the Purchaser and its contractors of my tia firm all liability and claims of any nature resulting from the Performance ofsuch work_ This release shall apply exv. in the eve. of fault of negligence of the party admiral and shall extend t. the directors, .)firers and employees of such parry. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or burned to be performed by the Purchaser. 14. PAT FIN "I S. Whenever the Sella is required to use any design, device, material or process weaved by older, patent, trademark or copyright, the Sellaa—hall indemnify and save hammess the Purchaser firm any and all claims for infringement by came or the use of such potwted design, device, material or prawss in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In care 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 right to continue using said equipment or pans, replace the same with substantially art but noninfringing equipment, or modify it m it becomes aoninffinging. 15. INSOLVENCY. If the Sella shall become muchad or bankrupt, make an assignment for the benefit of creditors, appoint a =civet or tmsme for any of the Sellers property, or business, this offer may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of mass and or the tnterpiration ofthe agreement and the rights of all panic hereunder shall be omtmcd under and governed by the laws of the Sam ofColomdo, USA. The following Additional Conditions apply only in cases where the Sella is to perform work hereunder, including the services of Sellers Represenutivids), on the premiss of others. V. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in use of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When maturials and equipment are famished by others for installation or cmin on by the Seller, the Sella shall receive, unload, stare and handle same at the site and become responsible therefor as though such materials and/or equipment were being fumishd by the Sella under the order. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compensation, including Occupational disease hrself, to its employees employed on or in connection with the work covered by this purchase order, and/or to their do cra ents in accordance with the laws of the spire in which the work is to be done. The Sella shall also carry comprehmov proem liability including. but not limited to, mntrdctual and automobile public liability insurance with bo ily injury and death limits ofar lean 5100J00m for any one person, 5500,000 for any e accident and pmpcmy done, limit per ecritical of S40 .000. The Sella shall likewise require his contactors, if any, to provide for such compensation and insurance. Before any of the Sellers or his wmmetons employees shall do any work upon the premiss or orders, the Sella shall famish the Purchaser with a adificam that such compensation and insurance have been provided. Such cenifc.es shall specify the data when such cam srOxwo n and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expoes. The Seller agrees Nat such compensation and insurance shall be mainuind until after the entire work is completed and accepted. 19. PI201'ECi'[ON AGAINST ACCIDENTS AND DAMAGES. The Sella ],achy assumes the entire responsibility and liability for any end all damage, Ins or injury of any kind r nature whatsoever to persons or property caused by or resulting from the execution of the work provided far in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchaofficers, agents and employees from and against any and all claims, lasses, damages, cwrs harges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by permit of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employers. In case any suit Or other procedirip shall be brought against the Purchaser,. its officers, agents or employers at any time un transit at by. of any xI, action, neglat omission of default of the Sella of any of his contractors or any of its Or their officers, agents or employees as aforesaid, the Sella hereby agrees to assume the defense thereof and to defend the same or the Sellers awn expense to Pay any and all costs, charges, mwore s fees and Or, expenses. any and all judgments that may be matioal by or obtained against the purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in ease judgment or other lien be placed upon or obtained against the property ofthe purchaser, or said Forma in or ex a mutt of such sure, or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving band or otherwise. The Seller and his contractors shall take all safety precautions, famish and moral all guards necessary for the prevention of saidewl, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all mles and regulations issued pursuant thereto. Revised 071'2014