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HomeMy WebLinkAbout442468 VULCAN INC - PURCHASE ORDER - 3212340City of art Collins Date: 02/0212012 Vendor: 442468 VULCANINC 410 E BERRY AVE FOLEY Alabama 36536-1850 PURCHASE ORDER PO Number Page 3212340 1of2 This number must appear on all invoices, packing slips and labels. Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS Colorado 80524 Delivery Date: 02/01/2012 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 Material Annual PER TERMS AND CONDITIONS OF THE MAPO BID. City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, 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 1 LOT LS Total Invoice Address: 20,000.00 $20,000.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By starute the City of Port Collins is exempt from state dad local taxes. Our Excerption Number is 11. NONWAI VER. 98-09502. Federal Excise Tax Exemption Certificate of Registry M-6000587 is registered with the Conceder of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof. failure Or delay to Internal Revenue. Denver, Colorado (Ref Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). exercise any rights or remedies provided hercin or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not Odense the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either whet shipped or due to defects of any of the wamnties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit. may be remmed to you for credit and am not to be replaced except upon receipt of written purchaser to insist upon strict performance hereofor any of its rights or remedies as to anv such goods, regardless instruction., from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported! nml modification or rescission of this purchase order by the Pnrchascr Operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Port Collins inspection on arrival. hermf. Final Acceptance. Receipt of the merchandise, ,crvices Or cquipnent in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized 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 from antitmsst ACCEPTANCE is dependent upon completion ofall applicable regrind inspection procedures, violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this Purchase order, the Seller hereby assigns to the Purchaser any and all claims it dray now have or hereafter Freight Tcmis. Shipments must be F.O.B.. City of Fart Collins 700 Wood St.. Fon Collins. CO 30522. unless acquired under 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 sepnmtcly, the original freight purchased or acquired by the Purch:iscr pursuant to this purchase orden bill must necompany invoice. Additional charges for packing will not he accepted. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. where manufacturers have distributing points in various pan., of the country, shipment is If the Purchaser directs the Seller tO eanect noncOnfo ruing 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 Purchaser and the Seller, and the Seller thercafler indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditions means available to it. and the Seller shall ryry all cost associated with such work. Permits. Seller shall procure at sellers sole cart all necessary permits, eertifucates and licenses required by all applicable laws. regulations ordinances and roles of the state. municipality. territory or political subdivision where the "ork 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 hamiless 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 reqnimnmrts. Anthony lion. All panics to this contract agree that the representatives are. in fact, bona fide and possess full and Complete authority to bind said parties. LIMITATION 01; TERMS. This Purchase Oder exprec ly limits acceptance to the tans and conditions stated httcin set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different icons 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 of the essence. Delivery and perfamance must he effected within the time stated on the purchase order and the documents attached herero. No acts of the Purchasers including. without limitation, acceptance ofpanial laic deliveries. shall operate as a waiver ofthis provision. In the event nfenv delay. the Purchattr shall have, in addition to other legal and equitable remedies, the option off lacing this order elsewhere and holding the Seiler liable for damages. How<ver. the Seiler shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence. such act of God, acts ofeivil or military authorities governmental priontics, fires, strikes, food, epidemics, wars 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 Seiler 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 of the delay. 3, WARRANTY, The Seiler waimnt that all good, articles, materials and work covered by this order will conform with applicable drawings. specifications, samples and/or other descriptions given, will be fit for the purpnscs intended, and performed with the highest degree of care and competmec in accordance with accepted standards for work of a simiho unions. The Seller agrees to hold the parehuscr harmless from any loss, damage or expense which the Purchaser may stuffier or incur on account of the Seller, bench of warranty. The Seller shall replace, repair or make gad. withmn cost to the purchaser, any defects or faults arising within one (G year or within such longer Period of time as may be pmscAbed by law orby the terns of any applicable warranty provided by the Seller net the date Of acceptance of the good furnished hereunder (acceptance not to he unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance nr use of good by the Purchaser shall net constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Scllcr, liability hereunder shall extend to all damages proximately caused by the breach of anv of the foregoing warmotics or gua numcs. but such liability .shall in no event include loss of profits or Ins, of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS - The Purchaser any 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 vrincn change mdcT. If nny such change affects the amount clue or the time ofperformanec hereunder, an equitable adjustment shall be madc. 6. TERMINATIONS. The Purchaser may at any time by "Tined change odcr, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable ndjustment between the panics as to any work Or materiels then in f orgrec provided that the Purchaser shall not be liable for any claims for anticipated pmft on the uncompleted portion of the goads and/or work. for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any cards .which are the Scllcrs standard stuck. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any gads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim far adjustment must be asserted within thirty (30) days form the date the change or teminatian is ordered. g. COMPLIANCE WITH LAW. The Seller wamnts that all goods sold hereunder shall have been prMueed, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the grads are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence camplimec. All laws and regulations required to be incorporated in agreements of this character are hacbv incorporated httcin 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 Scllcr, filure to comply with such law. 9. ASSIGNMENT. Neither party shall assign. transfer, or convey this odcr, many monies due or to become due hereunder without the prior vrincn consent of the other pain. 10. TITLE. The Seiler warm, nt full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of nthcrs. The Seller shall release the Purchaser and its contactors of any tier from all liability and claims M any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the patty released and shall extend ur the dimdors, afcca and employers ofsueh party. The Seller's contractual obligations, including wamnty, shall not be deemed to be reduced. in any way, because such work is performed or caused In be perforined 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 inamiles, the Purchaser from anv and ell claims for infringement by reason of the use of such patemtcd design, device. material or process in counce ion ,ith the contract, and shall indemnify the Purchaser for any cost, expense or damage which it mev be obliged to pay by reason Of such infringement at any time during the prosecution or after the completion of the work. In case said equipment. Or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of mid equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using slid equipment or pans, replace the same with substantially equal but noninfringing equipment, at modify it so it becomes nonin ringing. 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 Sellers property or business. Ibis order may forthwith he canceled by the Purchaser without IiabiliN. 16. GOVERNING LAW. The dclinitions of term, u.cd Or the interprdmion of the agrccmcnt and the rights ofall panics hereunder shalt be construed under and governed by the laws of the State of Colomdo. USA. The following Additional Conditions pply Only in cases where the Seller is to perform work hereunder, including the services ofSellers Rcrm,cnui ive(s). on the premise Ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall. in case of any accident. destruction or injury to the work andlor materials before Seller's final completion and acceptance, complete the work at Sellers oxen expense and to the satisfaction ofthe Purchases When materials and equipment arc furnished by miners for installation or erection by the Seller, the Scllcr shall receive, unload. store and handle same at the site wad becone responsible therefor as though such materials and/or equipment were being furnished by the Seller under the odcr. 19. INSURANCE. The Seiler shall, at his own expense. pmv ids for the payment of workets compensation, including occupational disease benefits In its employees employed on or in connection with the work covered by this purchase order, and/err to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, croductual and mnomolule public liability incur, ace with bodily injury and death limits of at least 5300.000 for any o e person, S500.000 for any One accident rand property damage limit per accident of S400,000, The Seller shall likewise require his sdmtrnco,", if any, to provide for such compensntion and insurance. Before anv of the Sellers Or his contmemrs enpinyeee, shall do any work upon the pm nu ices of nthcrs, the Seller shall (wish the Pnrchascr with a ccnificnte that such compensation and insurance have been provided. Such eenificates shall specify the date when such mnipensminn and insurance have been provided, Such certificates shall specify the date when such compensation and insurance expires. The Scllcr agrees that such compensation and insurance shall be maintained until iRcr the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seiler hereby assume, the entire responsibility and liability for any and all damage. loss or injury ofany kind or nature whatsocacr to pecans or property, caused by or resulting from the cx,cation of the work provided for in this purchase order or in connection herev ith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Parchasem officers, agents and employees from and against any and all claims, losses, damages, charge., or expenses, whether direct or indirect, and whether to persons or pmpcny In which the Purchaser may be put or subject by reason of any act, aetian, neglect omission or def ult on the pan of the Scllcr, any of his contractors, or any of the Seller or contractors ofccm, agents or employees. In ease any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at nay time on account or by reason Of any act action, neglect, omission or defmill of the Seller of any of his contractors or any of it or their officers, agents or employees as aforemid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to Pay any and all costs, charges, attorneys fees and other expenses. any and rill judgments that may be incurred by or obtained against the Purchaser or any of its or their oficcm. agents or employees in such suits or other proceedings, and in case judgment or other lien he placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such atit or other proceedings the Seiler will at once cause themme to he dissolved and discharged by giving bond or otherwise.I he Seller and his contractors shall take all safety precautions, banish and install all goods necessary for the prevention of nccidcnts, comply with all laws and regulations with regard to safety including. but without limietim. the Occupational Safety and Health Act of 1970 dud all mics and regulations issued pursuant Ihcrem. Revised 0312010