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HomeMy WebLinkAbout449407 ASIFLEX - PURCHASE ORDER - 9150023PO PURCHASE ORDER 915002er Page C117/ of PURCHASE 9150023 1 of z ' `t Collins I„C This number must appear V ` 1'�7 on all invoices, packing sli s and labels. Date: 01/02/2015 Vendor: 449407 ASIFLEX 201 W BROADWAY BLDG 4, STE C PO BOX 6044 COLUMBIA MO 65205-6044 Ship To: HUMAN RESOURCES CITY OF FORT COLLINS 215 N MASON, 2ND FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 01/02/2015 Buyer: WILSON, JILL 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. PER THE TERMS AND CONDITIONS OF CONTRACT 7526 Line Description Quantity UOM Unit Price Extended Ordered Price I FLEXIBLE SPENDING PLAN Blanket PO for 2015 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 22,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 1. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fart Collins is attempt f sore and local taxes. Our Exemption Number is I I. NON WAIVER. 9844502. Federal Excise Tax Exemptiw Cenificate of Registry 84-6000587 is o gismo, with tlM Collector of Failure of the Purchaser to imht upon swim pM nett office terms and conditions harm( failure an delay in Interns] Revenue, Dame, Colorado (Ref. Colorado Revised Statute 1973, Chapter 39-26, I IC (a). exercise my rights or remedies provided herein Or by law, failure to promptly notify the Sella m the event of a br®cb. the nsix,fo nce arm payment for good heremda in approval scruff design, shall ant release the Sella of Goad Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of my of the wanenties or obligations of this purchase other and shall not M deemed a waive of my right of the damage in council, may be renamed to you for credit and are not to be replaced except upon receipt of amour Purchaser to heist upon strict performance hecemfor my of its rights or remedies as m my such good, regardless instruction farm the City affront Collins. of what shipped, received or accepted, as many prim or subsoqumt default bercmdn, nor shall any unforted am[ modification err maossion of this purchase color by the Purchaser almost as a waive, ofm, of the terms Inspection. GOODS are subject to the City airport Collin inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this arch can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. aathonaed payment on the part of the City of Fan Collins. However, it is to he understood that FINAL Sella and the Purchaser recognize that in soma[ economic practice, overcharge resulting farm antitrust ACCEPTANCE is dependent upon completion ofail applicable required inspection procedure. violations are in fact home by the Purchown. Theretofore, for good cause and as consideration for executing this Foretaste order, the Sella hereby assigns to the Purchaser any and all claims it may vow have or heresfur . Freight Terms. Shipments most M F.O.B., City of Fan Collins, 700 Wood SL, Fort Collins, CO 80522, unless acquired order federal or state antitrust laws for such overcharge relining m the particular goods or services otherwise specified on this major. If pemission is given an prepay freight and charge separately, the original freight purchmed in acquired by the Purchaser pursuant to this'aw other. bill must mcomomv invoice. Additional chance for Picking will Out M accented Shipment Distance. Where manufacturers have distributing points in sariom parts of he country, shipment is expected from the nearest distribution to, to damnation, and excess Might will M deducted fora Income what shipments arc made farm greats distance. Permits. Seller shall procure an sellers sole cost all naessary perils, certificates and limes tequired by all applicable laws, regulations, ordinances end rules a the slate, municipality, anchor, or political subdivision where the work is perforated, or required by any other duly constituted public mthonly having jurisdiction over the work of vendor. Seller further agrees to hold the City of Putt Collins harmless from and against all liability and loss incurred by them by reason of an located or eslablishe l violation of any such laws, regulations, colimnces, roles and requirements. Authonmtion. All p rmfes in this comma epee that the repreenUtivcs are, in fact, bow File and possess full and complete mahowity to bind said parties. LIMITATION OF TERMS. This Purchase Orda expressly limits recepeawe to the terra and conditions social herein set fond and any supplementary, for additional maws and condawas aouexed hereto or autocratical herein by reference. Any additional or different tears and conditions proposed by seller are objected m mail haceby«jected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately Ryon eamot make complete shipment to Maw an your promised delivery date as noted. Time is of the essence. Delivery and perfommce most be elected within to time stated on the purchase orda and the documents attached harem. No acts of the Purchasers including, without liculation, arceptnnee of partial late deliveries, shall opcm[e as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, 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 result of delays due to causes not reasonably f noweable which are beyond its reasonable control arm without its fault of negligence, such rats ofOod, acts Of dart[ or military authorities, govemmental priorities, fires, strikes, Owl, epidemics, wars or fiats provided that notice of the conditions causing soh delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof In the event of my such delay, the date of delivery shall be extended for the period amal to the rime actually lost by reason nfthe delay. 3. WARRANTY. The Sella warrants that all good, articles. mataiala and work coveted by hfs order will eoofam with applicable drawings, specifications, samples agar anther daaiptiom given. will M fit for the Purposes intended, and pert ed with the highest degree of case oil competrntt in accordance with accepted sand for work of a similar mare. no Seller agrees to Mid the purchaser hamless from any loss, damage or expense which the Pumhaser may suffer or now on account of the Sella breach of wamnty. The Sella shall replace, repair or make good, without cost to the purchaser, any defects an faults wising within one (1) year or within such longer period of time as may be presented by law or by the terms of my epplicable warranty provided by the Sella after accepmnce of me goad fumishal heeunder (acceptance or defective work done or materials famished by the Sell institute a waiver of any claim coder this warranty. Except liability hereunder shall extend to all damages proximately caused by me breach of any of the fore or i untees, but such liability shall in no event include I OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. Sell,,. Acceptance or use of good by the Purchaser m 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchase directs the Seller of carenonconforming or defective goads by a date ea,M agreed upon by the Purchaser and the Sella, and me Seller therrefer indicare, its inability or mwillwgmss m comply, the Purchaser may cause the work to M performed by the most expeditious means available m it, and the Sella shall pay all costs associated with such work. The Sella shall release the Purchaser and its contactors of my tier from all liability and claims of any nature resulting farm the performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend a the director, officers and employees ofsuch parry. The Seller's commerical obligatioas,.]ad., wamn y, shall not M deemed m ed M ruced in any way, beau cse such work f performed or caused in performed by the Purchase. 14, PATENTS. Whenever the Sella is required to use my design, device, materiel or process covered by lever, patrol, uademork of copyright, the Sella shall indemnify and sase hamless the FFunctionalfora any and all claims for infirm mrcm by reason of the toe of such potential design, device, material or processm in formation with and the contract, shall indemnify the Purchasercost. far my expense anma damage which it y M obliged Toawn pay by of such management many time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended au of the goods, is in such suit held to aromatic infringement and the me of said equipment or part is enjoined, the Seller shall, at its awn expase and at its opeither option, procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it see it becomes Mainfainging. 15.INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of mNihers, appoint a receiver or trustee for my of the Sellers property or business, this order may foMwif M canceled by the Ptuchazor without liability. 16. GOVERNING LAW. The definitions of terms rued or me fterpretatiov ofhe agreement and the rights of all paes Meuv Purim shall M crotruesd walker and pormal by me laws ofaM State mfColmado. USA. The fallowing Additional Conditions apply only in cases where the Sella is in perform work hereunder, including the services of Sellers lid mosmtufive(s),w the practise ofot M. me date of going wammie 17. SELLERS RESPONSIBILITY. not to be umfawnebly delayed), resulting farm imperfectimperfectThe Sella shall cony, on said ..it .1 Sellers own me risk wit[ the sais fully oomplelM and accepted, and shall, shall not case of any accident, destruction or injury, to me work and/or materials before Sellers fault] completion and as otherwise provided in this purchase order, the Sellers acceptance, complete the work at Sella s awn expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or aecfion by the Seller, me Seiler shall receive, unload, ass of parts or loss of use. NO IMPLIED WARRANT sure and handle acme at me site and become responsible therefor as though such malmals and/or equipment were being purnlshed by the Seller coda me order. 4. CHANGES IN LEGAL TERMS. The purchaser may make changes to legal terms by without change order M 5. CHANGES IN COMMERCIAL TERS. The Purchasermay walk, my changes to the twos, other Ilan legal farms, including additions to or deletions from erein quantities originally ordd in the specifications drawings, by verbal or women change miler. If my such change affects the amount do, due or me lime ofperf race hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. a, The Punctuator may at any time by wrinen change rajlermnam agreement as this eas to any or all ponioas of the goods then not shipped, subject my equitable adjustment between fie ponies vs to any walk or materials then in progress provided that the Purchaser shall not M liable for any claims for anticipated profits on the uncompleted panic. of the goods and/or work, for incidental or cmnsequemial damages, and that no such adjustment be made in favor of the Seller with respect to any goods which am the Sellers standard stock. No such tcmination shall relieve the Purchaser or fie Seller ofmy of their obligations as to any goads delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim far Wlmrment mast ho asserted within ththirty(30) days firm the dare the change or temimrion is muncesl. I. COMPLIANCE WITH LAW. The Seller commands ch at at all good said hereunderbeen shall have produced, said, delivered and famished in she, compliance with all applicable laws asd regulations in which the goods are subject The Seller shift execute and deliver such documents as may IM required toeffect as evidentt complime. All laws and regulations retained to M incorporated in agreements of this character ere hereby inaWarated herein by his reference. The Seller agrees to indemnify and hold me purchasor harmless from all cos. and damages suffered by the Purchaser as a mull of he Sella failure to comply with such law. 9. ASSIGNMENT. Neither pray shall assign mattsfr, or convey this order, or my marries due arm become due hereunder without the prior written consent ofe other party. 10. TITLE. he TSeller wanaars full, clear and monumental d title to Funchal for all National, materials, and items famished in performance of this agreement five and clear of any and all lien, mtictiom, tesm 1m., family moment ene umbrnncesand claims of others. 18. INSURANCE. The Sella shall, at has over expense, provide for the payment of workers compaccurnan, including occupational disease bmefis, to its employees employer) an or in connection with for walk covered by this purchase order. major no their de ac . in accodance with the laws of thw sole in which the work is to M done. The Sella shall also cant' comprehensive general liability marinating. but not limited to, contractual most automobile public liability immmee with bodily injury and deaf liners of in least S300,000 for any one person, $500,0ww for my one accident and pnopsny damage limit per, accident of $400,000. The Sella shall likewise regain, has commorms, if any, no provide for such wmpematim and imurmce. Before any of the Sellers err his commdors employees shall do my work upon the premises of ohers, fie Seller shall famish the Fumbatt with a certificate Oat such compensation and born nce have been provided. Such certificates shall specify, fie date when such compensation and insumnce have been provided Such certificates shall specify, the date when such comparison. and insurance expires. lTe Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seiler hereby assumes the more responsibility and liability for any and all damage, loss or injury oCarry kind or mart whaooever to pso mro or property caused by or resulting form the execution of the work provided for in this purchase coda err in camaMn herewith. The Sella will indemnify and Mid harmless the purchaser and my or all of me Pambasm officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to pec ma or property to which the Parchasa may M put or subject by maven of any ac4 action, ceglect, omission or default for he pan of the Seller, my of his common, or my of the Sellers or cmrmctors officers, agents or employees. m mu my suit or whet proceedings shall be brought against the Purchaser, or its ofern, agents or employees of my dare on acwml or by reason of any act, action, negluer, omission or default of the Sella of my of his contmetors or my of its of heir oRcen, agents or employces u aforesaid the Seller hereby agree to assume the defense foram' and m defend fie same at the Sellers own expense, m pay my and all cans, charges, anomeys fees and other espouses, my and all judgmms Oat may be incurred by or obtained against he Purchaser or my of its or heir officers, agents or employees in such suits or other proceedings, and in case judgment or offer lien be placed upon or Normal against the property of the Purchaser, or said parties in or of a result of such suits or other proceedings, the Seller will at once cause me same to M dissolved and discharged by giving bond or otherwise. The Seiler and his cootractme shall take all safety morautimes, Sol and install all guards necessary f me provenlion of accidents, comply with all laws and regulations with regard to safety including, but wobout limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursmm therwm. Revised WOO14 4. CHANGES IN LEGAL TERMS. The purchaser may make changes to legal terms by without change order M 5. CHANGES IN COMMERCIAL TERS. The Purchasermay walk, my changes to the twos, other Ilan legal farms, including additions to or deletions from erein quantities originally ordd in the specifications drawings, by verbal or women change miler. If my such change affects the amount do, due or me lime ofperf race hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. a, The Punctuator may at any time by wrinen change rajlermnam agreement as this eas to any or all ponioas of the goods then not shipped, subject my equitable adjustment between fie ponies vs to any walk or materials then in progress provided that the Purchaser shall not M liable for any claims for anticipated profits on the uncompleted panic. of the goods and/or work, for incidental or cmnsequemial damages, and that no such adjustment be made in favor of the Seller with respect to any goods which am the Sellers standard stock. No such tcmination shall relieve the Purchaser or fie Seller ofmy of their obligations as to any goads delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim far Wlmrment mast ho asserted within ththirty(30) days firm the dare the change or temimrion is muncesl. I. COMPLIANCE WITH LAW. The Seller commands ch at at all good said hereunderbeen shall have produced, said, delivered and famished in she, compliance with all applicable laws asd regulations in which the goods are subject The Seller shift execute and deliver such documents as may IM required toeffect as evidentt complime. All laws and regulations retained to M incorporated in agreements of this character ere hereby inaWarated herein by his reference. The Seller agrees to indemnify and hold me purchasor harmless from all cos. and damages suffered by the Purchaser as a mull of he Sella failure to comply with such law. 9. ASSIGNMENT. Neither pray shall assign mattsfr, or convey this order, or my marries due arm become due hereunder without the prior written consent ofe other party. 10. TITLE. he TSeller wanaars full, clear and monumental d title to Funchal for all National, materials, and items famished in performance of this agreement five and clear of any and all lien, mtictiom, tesm 1m., family moment ene umbrnncesand claims of others. 18. INSURANCE. The Sella shall, at has over expense, provide for the payment of workers compaccurnan, including occupational disease bmefis, to its employees employer) an or in connection with for walk covered by this purchase order. major no their de ac . in accodance with the laws of thw sole in which the work is to M done. The Sella shall also cant' comprehensive general liability marinating. but not limited to, contractual most automobile public liability immmee with bodily injury and deaf liners of in least S300,000 for any one person, $500,0ww for my one accident and pnopsny damage limit per, accident of $400,000. The Sella shall likewise regain, has commorms, if any, no provide for such wmpematim and imurmce. Before any of the Sellers err his commdors employees shall do my work upon the premises of ohers, fie Seller shall famish the Fumbatt with a certificate Oat such compensation and born nce have been provided. Such certificates shall specify, fie date when such compensation and insumnce have been provided Such certificates shall specify, the date when such comparison. and insurance expires. lTe Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seiler hereby assumes the more responsibility and liability for any and all damage, loss or injury oCarry kind or mart whaooever to pso mro or property caused by or resulting form the execution of the work provided for in this purchase coda err in camaMn herewith. The Sella will indemnify and Mid harmless the purchaser and my or all of me Pambasm officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to pec ma or property to which the Parchasa may M put or subject by maven of any ac4 action, ceglect, omission or default for he pan of the Seller, my of his common, or my of the Sellers or cmrmctors officers, agents or employees. m mu my suit or whet proceedings shall be brought against the Purchaser, or its ofern, agents or employees of my dare on acwml or by reason of any act, action, negluer, omission or default of the Sella of my of his contmetors or my of its of heir oRcen, agents or employces u aforesaid the Seller hereby agree to assume the defense foram' and m defend fie same at the Sellers own expense, m pay my and all cans, charges, anomeys fees and other espouses, my and all judgmms Oat may be incurred by or obtained against he Purchaser or my of its or heir officers, agents or employees in such suits or other proceedings, and in case judgment or offer lien be placed upon or Normal against the property of the Purchaser, or said parties in or of a result of such suits or other proceedings, the Seller will at once cause me same to M dissolved and discharged by giving bond or otherwise. The Seiler and his cootractme shall take all safety morautimes, Sol and install all guards necessary f me provenlion of accidents, comply with all laws and regulations with regard to safety including, but wobout limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursmm therwm. Revised WOO14