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HomeMy WebLinkAbout107883 3M COMPANY TRAFFIC CONTROL MATERIAL - PURCHASE ORDER - 3212130PURCHASE ORDER PO Number Page City Of 3212130 ' of z �} COI lins This number must appear ` ` 1 on all invoices, packing slips and labels. Date: 01/20/2012 Vendor: 107883 Ship To: TRAFFIC OPERATIONS 3M COMPANY TRAFFIC CONTROL MATERIAL CITY OF FORT COLLINS BLDG 225-3A SOUTH 08 626 LINDEN STREET GENERAL OFFICE / 3M CENTER FORT COLLINS Colorado 80524 MAPLEWOOD Minnesota 55144-1000 Delivery Date: 01/19/2012 Buyer: JOHN STEPHEN 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. Line Description Quantity UOM Unit Price Extended Ordered Price Sign Facing Supplies 1 LOT LS 50,000.00 Annual PER TERMS AND CONDITIONS OF THE MAPO BID Total Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchasc Order Terms and Conditions Page 2 of 2 I. COMMF.RCIALDETAILS. Tax exemptions. By staNtc the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11, NONWAIVER. 98-0,1502. Federal Excise Ta.s Exemption Certificare of Registry 84-6000587 is registered .with the Collector of Failure of the Purchaser to insist upon strict pofontrance, ofthe terms and conditions hereof. failure or delav to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). excrcisc any rights or remedies provided herein or by law, failure to promptly notify the Seller in the cent of a breach, the acceptance ofor payment for goods hereunder or .,,Tom] of the design, shall not release the Seller of Gads Rejected. GOODS REJECTED due to failure to meet specifications, tither when shipped or due to defects of any of the w'arrntics or obligations of this purchase order and shall not be dimmed a winter of any right of the damage in transit, may be rcmmed to you for credit and arc not to be replaced except upon reccipt of urinen purchaser to insist upon strict perfommacc hereof or any of its rights or mmed ies as to any such goods, regardless istntctin , from the City of Fort Collins. of when shipped. received or accepted, as to any prior or subsequent default hercm Eider, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any Of the terms Inspection. GOODS arc suhjcot to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the 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 Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice. overcharges resulting from antitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations arc in fact horns by the Purehscr. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hcrci0cr Freight Terms. Shipments must be F.O.B., City of Fort Collins 700 Wood St.. Fort Collins CO 90522, unless acquired tinder federal or state antitrust laws for such overcharges relating to the particular goods Or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased m acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance Where manufacturers have distributing points in various parts of the country, shipment is expected form the nearest distribution paint to destination, and excess freight will be deducted from Invoice when shipments are made form greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the state. municipality, rerrimry or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and Io. S incurred by them by mason of an asserted or established violation of any such laws, regulations, ordinances. miles and requirements. Authoriantion. All parties to this concoct agree that the represenmtives arc, in fact. bona fide and Possess full and complete authority to bind said partis. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incnrpnmted herein by reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and pMormance must he diceted within the time stated on the purchase order and the documents anached hereto. No acts of the Purchasers including, without limitation acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shill have, in addition mother legal and equitable remedies, the option of placing this timer elsewhere and holding the Seller liable for damages. However, the Scllcr shall not be liable for damages as a result of deny, due to muses not reasonably foreseeable which are beyond its reasonable control and without its fault ofnegligence. such acts ofG d, acts ofcivil or military authorities. governmental priorities, fires, strikes, Rand, epidemics wars or riots provided that notice ofthe conditions causing such delay is given to the Purchaser 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 lathe lime actually lost by reason ofthc delay. 3. WARRANTY. The Seller uamnts that all goods, articles, materials and work covered by this order will conform with applicable drawings. Specifications. samples and/or other descriptions given, will he fit for the Purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any Ins, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach ofwarmnry. The Seller shall replace, repair rr make good, withmn cost to the purchase,, any defects or faults arising within one (1) ymr or within such longer period of time as may he proscribed by law or by the terms of any applicable wamnty provided by the Seller iher the date of acceptance of the goods fumishcd hcreandtt (acceptance not to be unrcamnably delayed). resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of grads by the Purchater shall not constitute a waiver ofany claim under this wamnty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately mused by the breach of any ofthe foregoing warranties or guarantees but Stich liability shall in no event include loss ofluelits or loss Effuse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written 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 drawings. by verbal or written change order. If any Stich change affects the amount due or the time Ofperformance hereunder, an equitable adjustment shall be tirade. 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 pmgres provided that the Pamhser shall nut be liable for any claims for anticipated profits on the uncompleted portion of the grads and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which arc the Sellers standard stock. No Such tcmination shall relieve the Purchascror the Seller ofany Ofthcir obligations as to any good delivered Immunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mast be asserted within thirty (30) days from the date the change or termination is nrdcted. 8. COMPLIANCE WITH LAW, The Seller warrants that all grads sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the grads arc subject. The Seller shall execute and deliver such documents ns may be required to effect or evidence compliance. All Imes and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seiler agrees to indemnify and hold the Purchaser harmless form all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Ncitha party shall align, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller wmmnts full, clear and unrestricted title to the Purchaser for all equipment, materials. and items famished in perfnmanee of this agreement, face and clear of any and all liens, restrictions, reservations. Security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a Elite to he agreed upon be the Purchaser and the Seller, and the Seller thcmnller indicates its inability or umsillingncss to comply, the Purchaser may cause the work to be perforated by the most expeditious means available to it, and the Scllcr shall pay ill costs associated pith such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsmh 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 nfsuch party. The Seller's contractual obligations, including warn ray. shall not be deemed to be reduced, in any wary, because such work is performed or caused to he performed by the Punchiest. 14. PATENTS. Whenever the Seller is enquired to use any design, device. material or process covered by Idtcr, patent trademark or copyright, the Scllcr shall indemnify and so%c harmless the Purchaser form anv and all claims for infringement by reason of the use of Stich Inumed design, device, material or process in connection with the contract, and shall indcmni fy the Purchnser for any cost, expense or damage which it may be Obliged to pay by reason of such infringement at any time during the prosecution or Ether the completion of the work. In case said equipment Or any part thereof or the intended use of the goods, is in Such suit held to constitute infringement and the use of Said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or terrify, 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 Or trustee for any of the Seiler.% property ar business, this order may forthwith be mnecled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation ofthe agreement and the rights offill panics hemvnder shall be mnstmod tinder and governed by the lens fifths State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllers Represcrimnee(s). tin the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the some is fully completed and accepted, and shall, in case of any accident, destruction Or injury, to the work and/or materials before Scllcr, final completion and acceptance, complete the work at Seller's own csperwe and to the satisfaction of the Purchaser. When materials and equipment arc fumishcd by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site ind become responsible therefor as though Such materials andtfir equipment seem being furnished by the Seiler under the order. 18. INSURANCE. The Seiler shall, at his on expense, provide for the payment of workers compensation, including occupational disease benefits, to its cntployccs cmployod on or in connection with the work covered by this purchase order, andlor to their dependents in accordance with the laws of the slate in which the work is to be done. The Seller shall also tarty comprehensive general liability including, but ant limited to, contractual and moumobile public liability insurance with bodily injury anti death limits of at least S3010.000 for any one person. S500,000 for any one accident and property damage limit per accident of S400.000. The Seller shall likavise require his contractors, if any. to provide for Stich compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Se1cr shall famish the POrchascr with a certificate that Stich compensation and insurance have bmn provided. Such certificates shall specify the date when Such compensition and insurance have been provided. Such ecrtificates shall specify the data when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until alter the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature 0hatmaver to persons or pmPerry caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seiler will indemnify and hold himlcs the Purchaser and any r all 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 pmperty 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 Sellers or contractors officers, agents or employees. In case any snit or Other Proceedings shall be brought against the Purchaser. or its officers, agents or employees at any time on account or by mason of any net, action, neglect, omission or default of the Seller of any of his contmetnrs or any of its or their Officers. agents or employees as nfnresoid, the Seller hereby agrees to assume the defense thereof end to defend the same at the Sellers non expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Pumhascr or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be pliced upon or obtained against the pmpcnv of the Purchnscr, fir said panics in or as a result of arch suits or other proceedings, the Scllcr will at once cause the same to he dissolved and discharged by giving bond or otherwise. The Seller and his contractors Shall take all safety prccamions, famish and install all guards necessary for the prc%cntion of accidents, comply with all Lots ind regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued formation themm. Rc,iscd 032010