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HomeMy WebLinkAbout465054 YOUNG ELECTRIC SIGN CO (YESCO) - PURCHASE ORDER - 9117460City of Fort Collins PURCHASE ORDER Date: 12/16/2011 Vendor: 465054 YOUNG ELECTRIC SIGN CO (YESCO) 219 N TIMBERLINE RD STE B FORT COLLINS Colorado 80524-1466 PO Number Page 9117460 1,of 2 This number must appear on all invoices,. packing slips and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS Colorado 80521 Delivery Date: 12/16/2011 Buyer: JOHN STEPHEN Note: ' Line Description Quantity Ordered UOM Unit Price - Extended ..,Price 1 Lincoln Center exterior 1 LOT LS 35,050.00 signage Per terms and conditions of bid 7280 and agreement dated 12-15-11. 2 clrs portion 1 LOT EA 3;000.00 Total $38.050.00 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, CPPO 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 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. Bystatute the City' of Fan Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate -of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Rcf. Coloado Revised Statutes 1973, Chapter 39-26, 114 (a). Goads Rejected. GOODS REJECTED due to failure to meet specifications, cilhd what shipped or due to defects of damage in transit may be resumed to yen fm credit and arc not to be replaced except upon mccipt of written instructions from the City of Fort Collins. Inspection. GOODS an subject to the City of Fort Collins inspection on arrival. 11. NONWAiVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, fmirroc•m delay to exercise any rights at remedies provided herein or by law, failure to promptly notify the Seller in the event of e breach, the accepmnce ofor payment for goods hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall nut be deemed a waiver of any right Of the purchascr to insist upon strict performance hereof or any of its rights or remedies as to any such goads, regardless of when shipped, received or accepted, as to any poor or subsequent default hereunder, not shall any purportd onl modification or rescission of this purchase older.by the Purchaser operate as a waiver of any of the terms hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. euthoozed payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting farm antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations ate in fan bare by the Purchaser. Theretofore. for good cause and as consideration for executing this purchase older, the Seller hereby assigns to the Purchaser any and all claims it may now have or lux afid Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., Fart Collins. CO 80522, unless acquired under federal or state antitrust Imes for such overcharges relating to the particular goods or services otherwise specified on This order. 1(pertnission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges fro packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. . Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is Ifthe Purchaser directs the Seller to correct nonconformingor 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 Purchaser and the Seller, and the Seller the aflet indicates its inhbility or unwillingness to comply. the Purchaser shipments arc made from greater distance. may cause the work to be perfomrd'by the most expeditious means availableto it, and the Seller shall pay all mete nnrvinrrd will, .,.rl, wnr4 Permits. Seller shall pronrte et sellers sale cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any nth" duly constitmd public authority having jurisdiction over the mark of vendor. Scllcr fuller agrees to hold the City of Too Collins harmless from and against all liability and loss, incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All parries to this contras, agree that the representatives arc, in fan, bona fide and possess full and complete authority to bind said parties. - LIMITATION OF TERMS. This Pumhase ;Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms all conditions annexed hereto or incorporated herein by reference. Any additional 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 ofthe essence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial lam'deliveries, shall operate as a waiver ofthis provision. In the.event ofany delay, the Pdmlocrer shall have, in addition to other Icgal and equitable remedies, the option ofplacing thii older elsewhere and holding the Seller liable fro damages. However, the Seller shall not be liable fm damages as a mull of delays due to "uses not reasonably foreseeable which are beyond its reasonable cannol and without its fault of negligence, such aces of God, acts of civil or military authorities, gmannan tal priorities, fares, strikes, flood, epidemics, wan or dots provided that notice of the conditions causing such delay is given to the Purehasd within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Scllcr warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit fro the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for walk of a similai 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 beach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Set lee after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting form imperfect or defective work done ar materials fumishcd by the Scllcr. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this wartxnty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing warranties or guarantees, but such liability shall in no event include loii of profits at 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 to legal corms by wiincn change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms. including additions to or deletions from the quantities originally ordered in the specifications or dmwinp, by verbal or written change order. If any such change affects the amount due or the time of performance handmaid, 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 pardons of the goods then not shipped, subject to any equitable adjustment between the pries as to any work or materials then in progress provided that the Pumhascr shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with raped to any goods which are the Sellers standard stock No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold het"nder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods am object. The Seller shall execute and deliver such documents as may be required to effect m evidence compliance. All laws and regulations required to be incorporated in agrcemenn of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Ncithd party shall assign, transfer, or convey this older, or any monies due Or to became due hereunder without the prior written consent of the ether party. 10. TITLE. The Seller ..at full, clear and unrestricted title to the Pumbaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions. reservations, security interest encumbrances end claims of others. The Seller shall release the Purchaser end its contractors of any tier from all liability and claims ofany nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees ofsuch parry. The Seller's contractual obligations, including warmnly, shall nor be deemed to be reduced, in any way, because such work is performed or "used to be performed by the Purchaser. 14. PATENTS. ... Whenever 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 ham Ids the Purchaser farm any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the custard, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution at after the completion of the work. In case said equipment, or any part thereof or the intended use of the goods, is in such oil 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 m.continuc using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver tar trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftem s used or the interpretation ofthe agreement and the rights ofall parties hereunda shall be construed under and governed by the laws ofthe State of Colomdo, USA. The fallowing Additional Conditions apply only in cases where the Seller is 4o perform work hereunder. including the services of Sellers Repmsentative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Scllers own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Scller shall, at his own expense, provide for the payment ofworkers compensation, including occupational disease benefits, to its employces employed on or in connection with the work covered by this purchase order. and/or to their depcndems in accordance with the laws of the state in which the work is to be done. The Sclln shall also "try comprehensive general liability including, btu not limited to, contractual and automobile public liability insurance with bodily injury and dcath limit, of at least 5300.000 for any one Person, S500,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likowise require his contractors, if any, to provide for such compensation and insurance. Before any of the Scdcrs or his contractors employees shall do any work upon the pmmiscs Mothers, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have ban provided. Such certificates shall specify the dale when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and mon rce expires. The 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 Seller hereby, assumes the entire responsibility and liability far any and all damage, loss or injury ofany kind or nature whomever to persons or pmperty caused by or molting from the execution of the work Provided for in this purchase order or in connection herewith. The Seller will indemnify all hold hamdess the Pumhascr and any or ell of the Purchasers officers, agents 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 the pan of the Scllcr, any of his contractors. or any of the SCUMS or contractors officers. agents or employees. In case any oil or other proceedings shall be bought against the Purchaser, or its officers, 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 conuadon or any of its or their Officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same m the Sellers own expense, to pay any and all costs, charges, a romcys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in well allies or other proceedings, and in case judgment or ether lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of och suits or ether proceedings. the Seller will at once douse the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary fro the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 0312010