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HomeMy WebLinkAbout375464 DAVINCI SIGN SYSTEMS INC - PURCHASE ORDER - 9141407Fort Collins Date: 03/06/2014 Vendor: 375464 DAVINCI SIGN SYSTEMS INC 4496 BENTS DR WINDSOR CO 80550 PURCHASE ORDER PO Number Page 9141407 loft This number must appear on all invoices, packing sli s and labels. Ship To: COMMUNITY DEV & NEIGHBORH CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS CO 80521 Delivery Date: 03/05/2014 Buyer: DAVID CAREY Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Signs -Old Town Parking Garage Per Proposal dated 02/27/14 1 LOT LS 5,884.53 Design, Manufacture and Install (1) set of 12" high and 15' high "P" round cabinets on raceway PTM I-beam. 3" deep letters, with .500" clear plex faces with white 3M transulcent flm,trimless design, all aluminum construction. City of Fort Collins Contact: Clark Mapes (970) 221-6225 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@fogov.com Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Teens and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By smmle me City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to hnerml Revenue, Drove, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance efor payment for grads hereunder or approval ofthe design, shall not release me Seller of Good Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due in defects of any of the wareantics or obligations of this parches, order and shall not M decided a waiver of any right of the damage in dmnsit may be renamed be you for credit and are rot m da replaced except upon receipt of w'nncn putt ., m insist upon send perfomoar, armada, any of its rights or remedies as to sny such grads, regardless insmrmims fmm the City of Fort Collins. of whm shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported mal modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the It Inspection. GOODS are subject to the City of Fan Collins inspection on arrival, hereof. Final Acceptance. Receipt of the marchandue, services or equipment in response to this order can result in 12. ASSIGNMENT OF AWITRUS'r CLAIMS, authorized payment on the pan of the City of Fort Collins. However, it is m be understand that FINAL Seiler add the Purchaser recognize that in actual economic practice, commie rges resulting Basin m meet ACCEPTANCE is dependent upon completion ofall applicable required inspection prores cedu. violations car in fact home by the Functioned. Thereash re, fogood emus, and as comideadon for executing this purchase under, the Seller hereby assigns m the Purchaser eery and all claims it may now have or hammer Freight Terms. Shipments most be F.O.B., City of Tun Collins, 700 Wood Sr. Fan Collins, CO 90522, unless acquired under federal or suite antitrust laws for such overcharges relating to the particular goods or service,, otherwise specified on this enter. if Mmtissicn is given to prepay freight and charge separately, the engine[ freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must acam,pmry invoice. Additional charges for packing will not be accepted. IJ. PURCI IASERSair, PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distancete. Where manuLncmrtrs havedesti nlboting Mines s us pans the ,voce shipment is IfthPurc Purchaser e ere m correct nonconforming by a dateants to comply, the is dcfdty de d Loan expected Rom the nerves, mien point to deslim,ioq and excess freight will M deducted fmm Invoice when of a d indicate its isurom un unwillingness the Purolator e Seller, baboon or unwillingness comply, the Purchaser Purchases and the Seller, end the Sellery dowar shipments are male from greats disunm. theann it may cause the work m ch Mrformed by the most expeditious means exailablc to it and the Seller shall pay all wsrs assaiared x'im such work. Pemtid. Seller shall prow, at sellers sole cost all necessary prnoiu, eeni0eam and licrnses required by all applicable lass, ordinances and rules of fie suite, frmtory or political subdivision whore or The Sdmf shall release the Purchase, and its contractors ofany tier fmm all liability and claims of any nature d public M,formed, or required byany constituted public authority gjurlsJallien over the work ,he rrovd, re resulting fmm the performance efsuch work. ld the City of and and loss vendor. timber agrees to belie the City of Fort Collins harmless front and against all ender. ordinances, incurred by them by remain of an asserted or established violation of any such laws, regulations, oolinnnas, ales in them This release shall apply even in the event of fault of negligence of the pant rclemeJ and shall extend ,o the mud requirements. directors, officers and employees o(such party. Aum osam oo All ponies as ,his common agree Out the representatives are, In fact, bum fain, and possess full unit omplete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acwptanre to the terms and conditions atoned herein set Each and any supplementary or additional frmis and conditions annexed hereto or incomomfrd herein by reference Any additional or different front and conditions Fro,owd by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou.1 make complete shipment to arrive on your promised delivery date as noted. Time is of the essmec. Delivery and 'dipa mans,', be effected within the time stated on the purchase order and the documents attached hereto. No acts of the purchases including, without fimiomm, act,,mec officinal late deliveries, shall operate as a waiver offis provision. In the evmt of ony delay, the Purchaser shall have, in ,Melt it mother legal and equitable remedies the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall ern Is, liable f r damages as is result of delays due m causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, act, ofeivil or military authorities, gpvro m aiml priorities, fires, strikes, nand, 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 Seller first received knowledge feral. In fie iron of any such delay, the dam of delivery shall be exteaded for me period equal to me time actually lost by rcsson of rise delay. 3. WARRANTY. Ile Seller warrants that all goods, articles, materials and work covered by this order will confomt with applicable drawings, specifications, samples cursor other descriptions given, will be fir for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to lull the pumbawr harmless fmm any loss damage or expense which me Producer may suffi or incur on account of the Sellers breach of wwmnty. The Sellershall replace, repair or make good, without con to the pu,haxer, 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 terra of my applicable warrant, provided by the Seller after fie dam of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials finished by rise Seller. Acceptance or use of grads by the Purchaser shall net anti are a waiver of any claim under this wananry. Except as otherwise provided in this purchase order, the Sellers liability hereunder dull extend to all damages proximately caused by the branch of any of the foregoing warranties or guarantees, but such liobiliry shall in me event include loss of pals or 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 1p legal in. by wrmat change pole,. 5. CHANGES IN COMMERCIAL TERMS. Ile Purchasermay make any changes o the terms, other terms, ber than legal including additions to or deletions from me quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change slats the —.no, due or the done of pinjunction, lociancroba, an equitable wljuthand shall be made. 6. TERMINATIONS. The Promise, may at any time by wmmn change oiler, terminate Nis agreement ss In any or all Reduce; of me goods men not shipped, subject In any equitable adjustment between the patties as to any work or materials then in progress provided be, the Purchaser shall in, be liable for any claims for anticipated profits on the uncompleted m miun of the mids color work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are me Sellers majoard stock. No such communist shall relieve fe purchaser or the Seller of any of their obligations u m any goods delivered hercurukr. T CLAIMS FOR ADJUSTMENT Any claim for adjussment most be, asserted within mi,ty (30) days f the date the change or nomination is ordered. 8. COMPLIANCE WITH LAW. The Sella, warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in side, compliance with all applicable laws and regulations in which the goods are subject The Seller shall execute and deliver such diamonds, as may k required to effect m evirfnee compliance. All laws and regulations required b be incorporated in agma noms of this chareecmr are hereby mompomted Imrein by this ref ce. The Seller ogre to indemnify and hold me Purchaser harmless from all costs and damages suffered by me Pureloner as a result of the Sellers failure to comply will such law. 9. ASSIGNMENT. Neither pray shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the poor wrinen tandem ofthe other party. Iff TII I.E. The Seller warrants full, clear and umestnded tithe to the Purchaser for all equipment, materials, and items fumished N parificarrainne of this agreement free pad clear of any aid all liras, connections. asmsomes, security inerem encmnbrances pad claims ofofers. The Settees contactual obligations, including wormer, shag rat be deemed to be reduced, in any way, bwanse such work is performed or cauacd m be prof ormd by the Purclusef. 14. PATENTS. Winner, the Seller is required to asc any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnity and save harmless the Pinchase, from any and all claims for iufriingemenl 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 cast experx, or damage which it may be, obllgol to pay by season of such infringement at any lime tiering toe porous mion or agar the completion of the work. In use said equipment or any pan thereof or the intended use of fie goods, is in such suit held m constitum infringenmm 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 to continue using said equipment or pins, replace the same with substantially equal but noninGnging equipment, or modify it so it becomes noninfringing. 15.INSOLVENCY. If fie Seller shall become insolvent of bar lace a, make an assigmnent for the benefit of creditors, append is muncer or Imnee for any of the Sellers property, or business, this order may forthwith be canceled by the Porch®er without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all famous hereunder shall be on ommal under and governed by the laws offe State of Colorado, USA. The following Additional Conditions apply only in cases where me Seller is in perform work hereunder, including the services of Sellem Represcreativehil on she pr men of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry, on said work at Sellers own risk until the same is fully completed and accepted, and shall, in x of very accident, destruction or injury to the work amber materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are burnished by mhers for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at me site and became responsible ferefrr as though such matcvals onbor equipment were being Famished by the Seller urger the order. 18. INSURANCE. The Seller shall, M his own expense, provide for me payment of workers compensation, including occupational disease benefits, to its employees employed on of in connection with the work covered by this purchase order, andsor to their depends[, in accordance with the laws of the state in which the work is to be done. The Seller shall aI., carry comprehensive gee col liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, E500,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his commah, a, if any, to proMJe far such compeer amens end insurance. Before eery of me Sellers in has contracmrs employees shall do any work upon the premises of others, the Seller sbal f ish the Purchaser with a certificate that such compensation and insurance have been provided. Such cenifcares shall specify the dam when such confirmation and insurance have been provided. Such certificates shall specify the date whm such compensation and insurance 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 assornes she entire responsibility and liability for any past all damage, Ines or injury ofany kind ou come whatsoever to crawan or property caused by or resulting fmm me execution offle work provided for to this purchase polar or in conncnim knowim_ The Seller will indemnify and held harmless me Pu okere and any or all of the Purchasers officers, agents and employees firm and against any and all claims, losses, damages, charges or expenses, whether direct or indirect and whether to Panama or property m which the Pmcbaser may be put or subject by reason of any act, action, neglect omission or default on the pan of the Seller, any of his contmnors, or any of me Sellers or conducted, officers, agents or employees. In case any suit or other proceedings shall be brought against the, Purchaser, or its officers, agents or employees at any time on account or by reason of any act, moon, region, omission or default of the Seller of any of his contractors or any of its or meir oRced, agents or employes as a( said, me Seller hereby agrees to ausume me defense therad mud as defend the come an me Sellers own expense, to Pay any and all costs, charges, courr s fees and other expenses, my and all judgments that may the incurred by or obtained Moinst the Purchaser or my of its or their officer, agents or employees in such suits or other proceedings, and in can judgment or other lien be placed upon or obtained against the properly of the Purchaser, or said panics in or as a inch of such suit or other proceedings, the Seller will at once cause me same to be dissolved and discharged by giving bond or otherwis,. Ile Sella and his contactors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard is safety including, but without limitation, me Occupational Safety and Health An of 1970 and all roles and regulations Word pursuand thereso. Revised 03R010