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HomeMy WebLinkAbout487267 TIP STRATEGIES INC - PURCHASE ORDER - 9125447 (2)Fort Collins Date: 12/18/2014 Vendor: 487267 TIP STRATEGIES INC 106 E 6TH ST STE 550 AUSTIN TX 78701 PURCHASE ORDER PO Number Page 9125447 'eft This number must appear on all invoices, packing sli s and labels. Ship To: CITY MANAGER CITY OF FORT COLLINS 300 LAPORTE AVE CITY HALL WEST - 1ST FLOOR FORT COLLINS CO 80521 Delivery Date: 10/12/2012 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price r Work Order No. 3 - req 47924 Change Account Number 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 EA 20,000.00 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 L COMMERCIALDEfA1LS. Tax exemption. By sbtum the Ciry of Fort Collins is exempt from scale and local tom. Our Exemption Numbed is 11. NONWAIVER. 984)4502. Federal Excise Tax Exemption Cenifcam of Registry 8dfi000581 is registered with the Collector of Failure of the Not a o insist upon strict perfonmame of Ore rettns and condidatss hereof, failure or delay w Internal Revenue, Dover, Col.& (Ref Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). eacrciw any tights or remedies provided herein or by law, failure to promptly nanfy the Seller in the even of e breach, the acceptance of or payment for goods hereunder or approval of the design, shall not eleau the Seller of Goods Rejected. GOODS REJECTED due to par lum to to specifications, either when shipped ar due to dekcs of any Of the wmnnties or Obligations of this purchase order and shall not be deemed a waiver of any rigbt of the damage in transit. may be retuned to you for credit and are not to be replaced except upon receipt of women purchaser to insist upon strict performance hereofor any of its rights at remedies as to any such goo&, regardless instructions from the City of Fort Collin. of when shipped, received or accepted, as to any prior or subsequent default hereundd, nor shall any purported mat modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the most Inspection. GOODS are snbjoet to the City afraid Collin inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order an with in 12. ASSIGNMENT OF ANTfIRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognise that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable rquired inspection procedures. violation are in fan home by the Purchaser. Theretofore, for good ama, and as consideration for executing his purchase order, the Seller hereby assign to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fort Collins. 700 Wood St, Fort Collins. CO W522, unless acquired coder federal or some an ariet laws for such overcharges relating in the particular goods or services otherwise specified on this model. If permission is given to prepay begin and charge separately. the original freight purchased or a,mool by the Pardoner pursuant to his purchase order. bill must aemmpanv invoice. Addiumol charun for asking will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution paint to destination, and excess freight will be deducted from Invoice when shipments arc made fmm grater distance. Permits. Seller shall O.m at sellers sole cost all necaker, pmnii, certificates and Beeves required by all applicable laws, regulation, ordinances and rules of the state, municipality, much., or political mbdivisma where the work is performed, or required by any other duly constituted public authority havinlyromilmoon over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss ncurnd by them by reamn of an asserted or established violation of any such laws, egulmion, ordinances, rules and m uiremens. Anhomentim. All panics to this contact agree that the representatives are, in fact, bona fide and possess fall and complete mflamity o bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein tit forth anal any supplementary or additional tames and condition moved hereto or incorporated herein by reference. Any additiarol or different tens and coMition proposed by seller ate objected m aM 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 essma. Delivery and performance mot be effected within the time stated on the purchase aide, and the documents attached herein. No is of the Purchasers including, wlthom limitation, mceptance of partial late deliveries, shall opdare as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable rtmedid, the option of placing this oNer elsewhere and holding the Seller liable lam damages. However, the Seller shall Out be liable for damages as a result of delays due to causes not mortality foreseeable which arc beyond in reasonable antral and without its fault of negligence, such acts of God, acts ofcivil or military authorities, gdemracntul priorities, fires, strikes, flood, epidemics, wars or hots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller fin received knowledge there.[ In the event of my such delay, the dam of delivery, shall be extended for the period equal ro the time actually lost by reason of the delay. 3. WARRANTY. The Sella Wes 1, that ell goo&, articles, .,costs and work covered by this order will conform with applicable drawings, specifications, samples We, other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in ncoMance with accepted standards for work of a similar alum. The Seller agrees to hold the purchaser harmless fmm any lass, damage or expense which the Purchaser may suffer or mention account of the Sellers bench of warmnry. The Sella shall replace, repair m take goad, without cast to the purchaser, any defers or faults arising within ere (1) year or withiv such longer period of time as may be prescribed by law or by the terns ofany applicable warranty provided by the Seller add the date of acceptance ofthe gpp& famished hereunder (.acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of my claim under this warranty. Except as mhetwiu provided in this purchase order, the Sellers liability hemuMer shall extend to all damsgrs p,..a lily caused by the bench of any of the foregoing warmaties or gupprom. bra such liability shall in no ever, include lass of profits or loss of vu. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchnc, may make changes to legal cams by women change amid. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to rite brans. other than legal tens, including addition to or delusions fmm the quotation originally ordered in the specification or drawings, by serum or woman change order. If any such carrier dTccs the amount due m the time rf,rfo.,— bromides, an alpitable i d tom on shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portion, of the goods then rot shipped, soldier as any equitable mljusnnrnt between the panic n b any work or materials then in progress provided that the Purchaser shall not Be liable for any claims for anticipated profits on the uncompleted portion of the goods maker work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to my goods which are the Sellers standard stock. No such mnmiwtion shall relieve the Purchaser or the Seller of any oftheir obligations as to any goads delivered hereunder. q. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be recorded within thirty (30) days firm the dare the change or acrmiation is ordered. S. COMPLIANCE WITH LAW. The Seller warrants Nat all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulation to which rht goods 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 agreemens of this character are hereby re arymated herein by this reference. The Sailer agrees to indemnify and hold the Purchaser hamtless from all cost and damages saffeded by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, matter, or reality this order, or any meaier due m to become due hereunder without the Prior senate conent afthe other pray. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, matanac, and items famished in performance of this agreement from and clear of any and all him, restrictions, reservations, srda ty interest coambmnem and claims aEphers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser di nets the Seller to correct era ronforming or defective goods by a data to be agreed upon by the Purchaser and the Seller, and the Seller thereaRer indicates its inability or unwillingness m comply, the Purd aar may cause the work to be performed by the most expeditious mean available to it, and the Seller shall pay all costs associated with such work. The Seller shall releam the Purchaser and its contractors of any tier form all liability and claims of any nature coshing him the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the diadems, officers and employees ofsuch party. The Sellers contractual obligation, including warranty, shall not br deemed to be reduced, in any way, became such work is perforated or caned I. be performed by the Purchaser. 14. PATENTS. Whenever its, Seller is required to use any design, device, material or process covered by lend, parrot, vodemark or copyright, the Seller shall indemnify and save harmlesx the Purchaser fmm my and all claims for information by mount of the use of such patented design, device, material or process in connection with the contrac, oil shall indemnify the Purchaser for any cost, asperse or damage which it my be obliged to pay by reason of such infnagement at any time tinting the prosecution or a0er the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and fie ace of said quipmmt or part is enjoined, the Seller shall, at as own as,. and ea its option, either procure far he Purchaser red right to continue using said quipment or pan; tapioca the same with substantially qal bur naninfdnging Wuipmmr, a, modify it sa it becomes noninfdnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or name for any of the Sellers property or business, this order may forthwith be canceled by the Purchased without liability. 16. GOVERNING LAW. The definition of arms mW or the interpretation afthe agreement and the rights ofall padias hereunder shall be onstmed under and governed by the laws ofthe State ofColorsde, USA. The following Additional Condition apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Ramexantnmiver(s), on the producer of others. 17. SELLERS RESPONSIBILITY. The Seller shall arty on said work at Sellers own risk until the same is fully completed and accepted, and shall, in se of any accident, destruction or injury to the work aenor materials before Sellers final completion and acceptance, complete the work at Sellers awn expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation at eduction by the Sella, to Seller shill came, salad store and handle ante at the site and become mpomible therefor as though such m ncrials enNor Important were being fumisbW by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease bunefis, to its employees employed on or in connection with the work covered by this purchase order, andror to their drpeMrnrs in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability, including• but act limited to, wmodual octal automobile public liability inmanre with bodily injury and death him. of ar lent S300,000 for any one person, S500,0X, for any one accident and property damage limit per accident of S400,000. The Seller shall likewise minor his commands, if any, to provide for such compensation and insurance Before any of the Sellers or his contmcton employees shall do my .,it upon the premises of others, the Seiler shall furnish the Purchaser with a certificate that such compenabon and insurance have been provided. Such certificates shall specify des date when such ompeme ion and procedure hove been provided. Such candidates shall specify the date who such ampnwtion and insurance expires. The Seller agrees that such coappenconficas and imtaance shall be maintained until after Ote afire work c completed end tempted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for my and all damage, loss or injury of my kind or nature whenever to person or property caused by or resulting from the execution of the work provided for in this purchase Order or in convection herewith. The Seller will indemnify and bold harmless the Purebasd and any r all of the Purchasers officers, agents and employees from and against any aid all claims. From, damages. charges or expenses, wbethe, dead or indim, and whether to person or petit to which the Pumhasa nay be put or subject by reason of any act, action, neglect, emission Or default On the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or is omcars, agents or employees at my time on account or by reamn of my act, action, neglect, omission or defauh of the Sella of any of his comrecors or any of is or their ofTtcers, egos or employees as aforesaid the Seller hereby agrees b assume the defense thereof and to defend the same to the Sellers own expense, ro pay my and all costs, charges, moneys fees and other expenses, any and all judgments that may be incurred by Or obtained against the Purehasa or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchases, or said parties in or as a result of soh suits or other proceedings, the Seller will in once cause the same as be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety Precaution, Stealth and install all guar& mxamor, for the pres'cntim of accidents, comply with all laws and regulation with regard to safety including, but without limiotiea, the Occupational Safety and Health Ad of 1970 and all rules and regulations issued prrsumr thereo. Revised 02/2014