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HomeMy WebLinkAbout507959 FLAGGERS INC - PURCHASE ORDER - 3215346Fort Collins Date: 01/14/2015 Vendor: 507959 FLAGGERS INC 420 E 58TH AVE SUITE 116 DENVER CO 80216 PURCHASE ORDER PO Number Page 3215346 1ef2 This number must appear on all invoices, packing sli s and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 01/14/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 2015CONTRACTUAL 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.wnn 1 LOT LS 10,000.00 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 me City of Fon Collins a exempt firm stale and local taxes. Our Exemption Number is 11. NONWArVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon mount performance of the terms and conditions hereof, failure or delay to Im erml Revenue, Deaver, Colorado (Ref. Colorado Revised Statutes 1973, Chapres 39-26, 114 (a), exercise any rights or remedies provldd herein or by law, failure to promptly nodfy the Seller in die event of a breach, the acceptancefor payment for goods hereunder of approval ofthe design, shall not fell. the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to detects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and are not m be replaced except upon receipl of written purchaser to insist upon strict performance hereof or any of its rights or remedies as m any such goods, regardless instructions form the City of Fell Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this pmchow order by the Purchaser opium, as a waiver of any of the terns Inspection. GOODS are subject to me City of Fort Collins inspection on arrival. hereof. Flood Acceptance. Receipt of the merchandise, sevices or equipment in reparm to this order can .11 in 12. ASSIGNMENT OF ANTITRUST CLAIMS. commixd payment era the pan of the Ciry of Fort Collins. However, it is to he understood that FINAL Seller and the Purchaser recognize dam in actual economic practice, overcharges resulting from a,I., ACCEPTANCE ls dependent upon completion of.[[ applicable nodded inspection innovators, violations are in fazt borne by die Purchaser. Thetetofoa, far, good cause and as considemtian far executing mis purchase order, di, Seller hereby assigns 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, VW Wood St.. Fort Collins, CO 80522. urdess acquired under federal or state antitrust laws for such overcharge relating to the particular goads or services ulunw'ive specified on this order. lfpenninion is given to prepay freight and charge separately, me original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shyrnem Distance. Where manufacturers have booming points in various pans of the country, shipment is If,he Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchases and the Seller, and me Seller thereafter indicates its inability or unwillingness m comply, the purchaser shipments are made Eom greater distance, may cause the work to be Performed by the most expeditious means available to it, and the Seller shall pay all cos¢ comerined with such work. Plural Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, rudiments and roles tribe state, namicipold" farm, or political subdivision where The Seller shall release she Purchaser and its contractors of any tier front all liability and claims of any room the work is perfonnd, or required by any other duly constituted public authority having jurisdinion over the walk resulting fmm the performance ofsuch work. of vendor. Seller fuller agrees to hold me City of Too Callum bsmless fmm all agairat all liability and loss minimal by them by reason of an oriented or established violation of any such laws, regulations, on iwnces, notes This release shall apply even in me vent of fault of negligence of the party relented and shall extrnd to me and requirements. directors, mincers and employees ofsuch parry. Autllorizntim. All parties to this cannot, agree that the representatives are, in fact, bona fide and possess full and The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because complete authority to bind said parties, such work is Performed or caused to be perfumed by the Purchaser. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions all herein set iamb and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any addltiorml or di ffeanl terms and conditions proposed by seller an objected to and hereby rejected. 2. DELIVERY. PLEASE. ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on yom Promised delivery date as noted. Time is ofthe essence. Delivery and performance raw be infected within the time surd on the purchase order and the dawnems attached hereto. No acts of ma Purchamrs including, with., lididdim, acceptance criminal late deliveries, dall opeute ass a waiver aroma provision. In the event of any delay, the Purchuuc shall have, in addition to other legal and equitable remedies, the option ofpla,,r, this order elsewhere and holding the Seller liable fur damages. However me Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseenble which are beyond its reasonable cannot and without its fault of negligence, such ours of Cod, acts of civil or Ili hour, authorities, govemmenal priorities, fifes, strikes, Rood, epidemics, won or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof In me menr of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by remon of the delay. 3. WARRANTY. The Seller ov. der, all good, articles, materials and walk coverei by this order will of.. with applicable drawings, specifications, samples anNor other description given, will be fit far the purposes intended, all panammed with are highest degree of care all competence in accopance with acceptd standards for wmk of a similar mture. The Seller agrees to hold the purchaser bamles from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach armored, The Seller shall replace, repair or make good, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by lax' or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the gads famished hereunder (acceptance not to be unreumrably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not oustimte a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers handily bereundes shall extend to all damages proximately caused by the breach of any of the foregoing waranlies OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY 4. CHANGES IN LEGAL TERMS. The Purchaser may make change to legal term by chum change nNer. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the rnrrrcs, other than legal terms, including additions to or delefow from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If nay such change olfecls the amount due or the time ofpedormanee hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in pmgrtss provided that me Purchaser shah nor M here, for any claims far anrictpmd profits on me uncomplld portion of the good ankor work. for incidental, consequential damages, and that no such adjustment be, made in favor of the Seller with repel to any goods which are me Sellers standard stack. No such termination shall relieve the Purchaser or the Seller crony oftheir obligations as an any goods delivered her aides. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be ancru d within thirty (30) days fmm the date the change or facilitation is ordered. R COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered end famished in strict compliance with all applicable laws and regulations to which the gaols are subject. The Seller shall execute and deliver such documents as may be require to effect or evidence compliaare. All laws and regulations required an be imoryo ated in agreements of this character an, herby incorpomtd herein by this reference. The Seller agree to indemnify and hold die Purchaser handless from all costs and damages suffered by the Functional as a rsoil of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior women commit ofthe other party. 10. TITLE. The Seller warrants full, clear and turnaround till, to the Purchaser for all equipment, materials, and items fumishd in performance of this agreement, free and dear of any and all liens, astrictions, reservations, security interest encumbrances and claims ofomers. 14. PATENTS. Wheneer the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser firm any and all claims for infringement by reason of the use of such patented design, device, material or process 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 mosecalmn at after the completion of me work. In ease said equipmem, or any Pan theecof or the intended use of the goods, is in such suit held to comtimte infringement and the use of said equipment ,part is enjoined, the Seller shall, at its own expense and at its option, either procure f me purchaser the right to continue using said equipment or pans, replan, me same wild substantially Imad but maninfrmil equipment, or codify it on it becomes aoninfringing. 15. INSOLVENCY. If me Seller shall became insolvent or bankrupt, make an assignment for me benefit of creditors, appoint a occerver or trustee for any of the Sellers property or business, this order may foMwall be ci nveld by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or me interrelation offal, agreement and the rights of all parties heauMes shall he comtmed undo and govemd by me laws ofthe State ofColmado, USA. The following Additional Conditions apply only in comas where the Seller is to perform work hereudes, nclo hng me services.f Sellers Repreuntativids), on the premises ofil ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same u fully completed and accepted, and shall, in c of any accident, destruction or injury to me work larger materials before Sellers final completion and acceptance, complete me work at Sellers own expense and to the satisfaction of the Purchmer. When materials all equipment art furnished by others for installation or erection by the Seller, me Seller shall receive, unload, stare and handle same at me site and become responsible therefor as though such materiaH tanker equipmenl were being fumishd by fie Seller ender the order. I S. INSURANCE. The Seller shall, at his own expense, provide far the payment of workers rampenmtim, including compmioom disease benefits, to its employees employ i on or in connection with me work covered by this porchme order, ankor to their dependents in accordance with the laws of the sate in which the work is to be done. The Seller shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public liability insomnia will, bodily injury and death limits of m least 5300.000 f any call, person, $500,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his contractors, it any, to Provide to, such compensation slid insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall ftunish the purchaser with a certificate that such compensation and insurance lave been provided Such caliicates shall specify me date when soled compensation and insurance have been provided Such certificates shall specify the date when such compensation =it insurance expires. The Seller agrees that such compensation and imnrence Shan be maintained until after me endue weak is completed and arcepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes me entire respomibiliry and liability for arty and all damages, loss or injury of any kind or nature w'haaoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchour and any or all of the Purchasers officers, spends and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to Persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on me pan of the Seller, my of his ontract,s, or any of the Sellers or contractors officers, agents or employees. In cam any suit or older proceedings shut] od brought against the Purchaser, or its offices, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agree to assume me defense thereof and to defend the same in the Sellers own expense, to pay any sod all costs, changes, andi fees and other expetues, any and all judgments That may Im iucurrd by or obtained against die Purchaser or any of its in Nair 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 ofthe Purchaser, m said panin in or as a result ofsuch suits or other procedines, the Seller will at once cause the same to be, dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, fmaish and insall all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Heahh Act of 1970 and all min and regulations issued pursuant theme. Revised 07nO14