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HomeMy WebLinkAbout489630 ALTITUDE CUSTOM SIGNS - PURCHASE ORDER - 9113887City of .6 Collins Date: 07/06/2011 Vendor: 489630 , ALTITUDE'CUSTOM SIGNS _ 1220 BLUE SPRUCE DR, STE 2 FORT COLLINS Colorado 80524 PURCHASE ORDER PO NumberPage 9113887 102- This number must appear on all invoices,.packing. slipsandlabels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue_ Building B FORT COLLINS Colorado 80521 Delivery Date: 07/06/2011 Buyer: JOHN STEPHEN Note: -Quantity Extended Line. ', •''.;;. Description'. - UOM. Unit Price. ... ' • . Ordered .. �. -. .:. ._ . .. ':Price - " - Provide and install interior` 1 LOT:. Ls 18,549.00 signs for the Lincoln Center Addition/Renovation ` „,. project .per .Bid#7246.and agreement datedZ-6-11.,'. ,. : ..:. Total. 118,549.00 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO BOX580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com Invoice Address City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase OTdcr Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tex exemptions. By gntutathe City of Fort Collins is exempt from State and local taxes. Our Exemption Number is 98-01502. Federal Excise Tax Exemption Collocate of Registry 84"6000587 is registered with the Colleam of Internal Revenue, Denver, Colorado (Ref. Coloado Revised Stamta 1973, Chapter 39-36, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet spccifcomam, either when shipped a due to defects of damage in transit, may be m umed to you fur credh add art not 1. be replaced except upon receipt of written awareness from the City FLEW Collins. Inspection. GOODS are subject to Me City of Fort Collins inspection on arival. 11. NONWAIVER.'{ ' Failure of the Purchaser m insist upon shier pe —.- of the turns and conditions berm( failure cardelay to ercho any rights or remedies provided herein or by law; failure to promptly notify the Seller in the event of a breech, the acceptance for payment for goods hereandei'or approval ofthe design, shall roadrelease the Seller of any of Me wamnties or obligations of this purchase order and shall not a dcemed a waiver of any right ofthe Purca.r to insist upon strict paformantt homfm any bf its rights or remedies as to any such goods, regardless of when shipped, rmcivW or accepted. as m any prior or sulam arm default hamunda, riot shall arty peryoned oral modification or remission of his Purchase am. by the Purchaser operate as a waiver of any of Me corns hamf. Final Accaptunce. Receipt of me merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fret Collins. However, it is to be, undettood that FINAL Seller am the Purchaser .,am that in actual oonnmic ptetice, overcharges resulting from antitrust ACCEPTANCE is dependent NO completion of all applicable.qui.d inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration fur executing this urhme oda meraStey assiSella M1 b IFPu It ad II 1 Freight Turns. Shipments most be F.O.B., Ciry ss of Fort Collins, ]00 Wood St. Fort Collins, CO 80522, unle omowise specified on this Oder. HpennisAou a rep given to pay freight and charge separately, the original might bill most accompany invoice. Additional charges fmpadrmt, will ram be accepted. Shipment Distance. Whereab manufacturers have points in various parts of Me country, shipment is expected from the nearest distribution paint to datmation, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sale cast all necessary permits, certificates and licer.x ryvimd by all applicable laws, regulations, ordinance, wed cola of the state; municipality, te6irory are political subdivision where re the work is d, or quired by any other duly committed public authority having jurisdiction over the work of vender. Seller father agrex to hold Me City of Fort Collins harmless from and ageing all liability and low incurred by them by reason of an asserted of esabhelied violation ofany such laws, regulatiox, odhmmces, toles aid emairemearaw Amhmimtion. All parties to this contract agree that the representatives me, H fan, bona fide and posses full and complete withority to bind mid ponies. LfITATION OF.TERMS. This Purchase Orda expressly limits acceptance ro the turns and conditions stated herein sad forth and sty supplementary or additional terms and conditions annexed harm mom or incoted herein by reference. Any additional or diR t corms and conditions purposed by.11er are wbjamid d hereby rejaed, rm p go s to e m ass any a a c as tl may now have or hama0er acquired Order Ideal of were antimst laws fur such overcharge relating to the particular, goods m services purchased or acquired byte Pummampursuaut to this pothole order. 13. PURCHASERS PERFORMANCEOF SELLERS OBLIGATIONS. ' If Me Purehas. directs Me Seller to correct nonconforming of defective go idssby a data to to, agreed upon by me Purchaser and the Sella, and the Seller thedaRcr Indiana, its inability aanwillmaid. to comply, me Purchaser may cauae the work m be performed by the most expeditious means available m it and Me Sella shall pay all can associated with man wok. - The Seller shall .1. Me Purchaser and its eontremom of any tier from all liability end claims of any mature exulting from Me pM rmance afeh wok. This release shall apply even in the event of fault of negligence of the parry released and shall emend te, the directors, rffca and employees of Such perry. The Seller's emotional obligations, including warranty, shall no be deemed to b, reduced, in any way, base. simKOnakisperformd or caused d bepumf edby the Pomhog. 14. PATENTS. - - - - Whenever the Sella is required in use any design, device, material or process coven by letter, pregm, tmdemaek 2. DELIVERY. or copynghi, the Sella shall indemnify and cave harmless the Purchaser from any and all claims for infringement by reason of the use of Son plagued design, device, material or process in connection with the canrract, snit PLEASE ADVISE PURCHASING AGENT immedietel c late shi y i f you canon make terrapin, pment to wave on your shall indemnify Me Purchaser fur any cast expense m damage which it may m obliged to pay by reason of such Promised delivery date as noted. Time is offe accame. Delivery and pert ante nowm off ted within the time -infringement at say time during Me Pmmcufan Of after Me completion ofthe work. In cam said equipment at stated'. waif¢purchase order and Me documents attached harem. No acts of the purchasers Handles, without say pan thereof err Me intended use ofthe goads, is in such sun held W crostime infringement and Me use of limdation; acceptance of pmtud late deliveries, shall opener. a waiver of Mis pmvistw: In Me event ofany delay, mid equipment or pen is enjoined, Me Seller shall, it its own expose and at its option. ofa procure fur the the Pi ichasa gall have, in addition Warner legal and equitable remedies, the option of plicing this rider elsewhere Putheserthe right rat comimee using mid equipment or parts, replace the move with substantially equal but am holding the Sella liable fur damages However, the Seller shall not be liable Has dancaps m a result ofdelays orninfitnging equipment or modify it m it becomes nonitfringing. - dea to causes nad reasonably foreseeable which are beyond its reasonable control and without a Fault ofnegligence. - inche<tofGod, act ofcivilmmilitary amhorities,gwanmenml priorities( ,mikes, Rood, epidcmia, wars or 15. INSOLVENCY. riw provided that notice of me conditions causing Such delay is given la me Purchumr within five (5) days of the If the Sella shall become insolvent m bankrupt, make an assignment fur the benefit of creditors, appoint a time when the Sella first received knowledge thereof In the eve m of any inch delay, the dam of delivery shall be receiver or Home fm any of the Seller prol¢tly or business, this odes may forthwith be canceled by Me extended fur theperiod equal to Me Sure actually lam by reason ofthe delay. Formless, without liability. 3. WARRANTY. I6. GOVERNING LAW. :•• s.. .y The Sella worm is fat all goods. articles, mte arials sod work noted by this orda will conform SIM applicable The definitions.Read.sed uorttie imagonetion ofthe egreedent and the rights ofall partial hereunder shall he dnwingr, mecificutioa, mmplus We, ofn downpour., given wile be fit fur the purpolas trimmed, and command undo and g mamed by the laws offe Stole arC.ImFdo,USA. - - performed with Me highest degree of rare and temperate in accordance wit accepted standards for work of a similar nature. The Sella agues to hold the purcasa harmless from any low. damage or expense which Me s Perham may SuRa or incur on account ofthe Sellers breach of wamnty. The Sella shall replace, repair m make good-- Mom mast to fe purcam, any defers err molts arising within am (1) year err within such lat orperiad of fine as may be prescribed by law or by the terms ofany applicable warranty provided by Me Seller after the date of napmn« of Me goods finished hereunder (notptnce not te, be unreasonably delayed), resulting from nnperact as defective wok done or materials finnisM1ed by Me Sella. Acceptance or use of goads by Me Purchaser shall nut mrgime a waiver ofany claim under this wamnry. Except as otherwise provided m this pmca.Oder, me Sellers liability hereunder shall extend to all damages pmximately award by the breach ofany ofthe foregoing anomalies or pammea, bur Such liability shall in no event include loss ofpsofts or lass ofnee. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tern. by worem change and, 5. CHANGES IN COMMERCIAL TERMS. The Purcham may make any changes to the terms, other than legal rams, including addinicau to or deletions from the quantMx originally ordered in the Specification are drawing, by verbal or written change order. If any Such change mien the amount due or Me time of performance hmunda, an equitable adjustment shall be made. b. TERMINATIONS. Thc Purchaser may at any time by written change coder, rerminam this agreement as to toy or all ponians of the goods Men net shipped, subject to any equitable adjustment between Me parties m to airy wok or materials than in progress provided Mat the Purchaser shall net be liable fm any claims fur, anticipated profs an the uncompleted potion of Me goods and/or work, fur incidental m consequential damages, and that no each adjustment b, made in favor of the Sella with respect ro any goods which are the Sellers wended Bock No sue, immune. cane. shall relieve the Porches, or the Seller ofany ofthelr obligatimsas to any goods delivered hatowder. >. CLAIMS FOR AD3USTNIENT. Any claim fur adjustment most be owned within thirty (30) days from the date the change or termination is adored. 8. COMPLIANCE WITH LAW. Tice Seger wamnt Mat all goods sold hereunder shall have been produced, sold, delivered and fnnishe t in mom compliance wit all applicable laws end regulations to which the goods ere subject, Thc Sella shall execute mid deliver such devarnmes a may a required. affair a evidence compliance. All laws and regulations required m be inaugurated in agreements of this character we hsby incmpotted herein by this refoe.e. The Seller agrees to indad fy and hold me Purchaser harmless Mom all costs and damages maned by the Purcha.r m a result of the Sells failure to comply with Such law. 9. ASSIGNMENT. Neither party shall asip, tnnsf n, to convry, this odor or any monies due or to became due hereunder without the prim "Hen consent ofthe other parry, 10. TITLE. The Seller warrants fall, clear and unrestricted title to Me Pe char her all equipment, materials, and items famished in perfomance of this agreement, free cad clear of arty end all liens, rewrictioa, ...it., Security interest encumbrances and claims ofothers. • 3i The following Additional Conditions apply only in cases whom the Sella is to pelf work retarder including Me services of Sellers Represenmtive(s), on the premises ofofem. 17. SELLERS RESPONSIBILITY. The Sella shall arty rr mid work at SOWS own risk mail the come is fully completed end accepted, and shall, ace of my aceidcnt datuctrr as injury to the work and/or mmmials before Sellers fiat completion end acceptance, wromm, the wok at Seller's own expense add ro the contagion ofthe Purchaser. Wha materials and equipment am furnished by other for Installation or comfort by the Sella, the Seller shall receive, unload. gore and hurdle move V the sire and became responsible therefor on though such ma erials aM/m cumptmn were bong fimnished by the Sell. anderthc cation. 18. INSURANCE. The Seller shall, at his not expense, provide for Me payment of woken, compensation, including occupational disease benefits, to its employees employed on or in correction with Me work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be, done. The Sella shall alto warty comprehensive genml liability including, bur no lim eed to, contractual end automobile public liability msmnna whir bodily injury and death limits of at last S300,000 fur any one person, $500,000 fur any ate accident and property d p limb par accident of S400,000. The Sella shall likewise repairs his common. if any, to provide fin Son compmmtion and ingnance. Before any of the Sellers m his connectors employees shall do any wank upon Me premises ofothem, the Sell. Shall barren Me Purchma wash a caificate mat such compensation and instance have ban provided Such cem0ares shall specify the date when Son ompenamem am instance have ban provided. Such cemfcams shall specify the date when such campenmtion and insurance expire. The Seller usual that men compensation and insurance shall as, maintained until after me earn work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire rapangibility and liabiliy far mry end all damage, loss or injury of arty kind a nature whmacever to perms or property caused by are resulting from the execution ofthe work provided fur in Has purchase order or in canmaion herewith. The Seller will indemnify and hold hamless the Purchaser and any r all of the Parch. officers, .gents and employees fiam sad ageing say and all claims, losses, damnges. charges or exposes, whether direct or indirect and whether ro pages or property to which Me Purchxa may m pot or Subject by reason of any act, action, negleet, amislian or default on Me prat of Me Seller, any of his contractors, or any of Me Sella or eontmeters attics, agents or employees. In case any suit ca other proceedings shell he brought ageing Me Pmahos r, or its officers, agent or employees at any time on accoum or by resort of my set action, neglect emission m default of the Sella of any of his contactors a any of its m their office, agents m employes w aforesaid, the Sell, hereby agrees to amume Me defense thereof and to defend the Same at the Sellers own calamine, to pay any and all casts, charges aaomeys fees and other expenses, SHY end all judgment Mat may b, incurred by or obtained ageing the Purchaser or any of its m their officers, agents or employees in Such Suits or other proceedinp, and in case judgment or other lien be plead upon or obtained against the property ofthe Putham, or mid parties in m as a result of inch Suits or after proceedings the Sellerwill at once cause the same to be dissolved and discharged by giving bond m otherwise. The Seller and his convectors shall take all safety precautions, famish and install all guards mcxmry fur the prevemiew of sai lards, comply with ell lairs end regulations with regard] in .rely including, but wihout limitation, the Occupational Safety end Health Act of 1970 and all cola end regatfions issued p rr5ment thereto. Revised 0 ffiHO 'iiJ Ire..