HomeMy WebLinkAbout103941 CITY OF FC MISCELLANEOUS - PURCHASE ORDER - 9141475PO
PURCHASE ORDER 914147er Page
City of PURCHASE
41475 1012
Flirt Collins( This number must appear
�-\V`I V " on all invoices, packing
sli s and labels.
Date: 03/11/2014
Vendor: 103941
CITY OF FORT COLLINS MISCELLANEOUS
** CIS **
Ship To: TRANSFORT BUS FACILITY
CITY OF FORT COLLINS
6570 PORTNER ROAD
CITY OF FORT COLLINS CO 8052
Delivery Date: 03/10/2014 Buyer: WILSON, JILL
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
t Bus Stop Signage
Local Funds Only
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@fcgov.com
1 LOT LS
50,908.92
908.92
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
1. COMMERCIALDEfA1LS.
Tax exemptions. By statute the City of Fon Collins is exempt fmm suite and local tans. Our Exemption Number is
98-0i502. Federal Excise Tax Exemption Cen ficme of Registry 84-60(bM82 is registered with the Collector of
Internal Revenue, Denver, Colomdo (Ref. Colorado Revised Statutes 1973, Chaprm 39-26, 114 (a).
Good Rejected. GOODS REIECFED due to failure to mad spvv ficatom, eima when shipped or due to defxB of
damage in trm¢it may he mutual m yen for credit and are not o he replaced except upon receipt of women
instructions form the City of Fon Collins.
Inspection. GOODS art subject to Ne City of Fort Collins inspection on arum.
Final Acceptance. Receipt of the merchandise, servaces or equipmmt in response to this order mar natal in
ardburiud payment on the pan of the City of Fan Collins. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion of all applicable slurred inspection pmeedurs.
Freight Tents. Shipments must be ROD., City of Fort Collins, 200 Wood Sr, Fort Collins, CO 80522, unless
otherwise specified on this order. If permission is given to prepay freight and charge seporacly, the original freight
bill must accommum invoice. Additional chmees for racking will not he accepted.
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is
expected from the nearest distribution paint to destination, and excess freight will be deducted from Invoice when
shipments are made!turn greater distance.
Permits. Seller shall procure at sellers sale cost all necessary permits, ceni0cmes and licenses required by all
applicable laws, regulations, ordinances and rates of the state, municipality, temtary or political subdivision where
the work is performed, a, c,.i,ed by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Too Collins harmless from and against all liability and lass
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules
and requirements.
Authoritarian. All panic m this emawct agree Nat the rry asuradives are, in fact, born We and possess full and
complete authority to bind said panic.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein ad forth and any supplementary or additional terms and conditions mmexed hereto or incopommd herein by
reference. Any additional or different terms and onardo pes proposed by seller am objected to sod hereby mjected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot mile mmplrte shipment to orive on your
Promised delivery dam as noted. lime is of the mwmn . Delivery and performance must he effected within the time
stated an the puohase order and the documents arched heea. No acts of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operac, as a waiver of this ro miska. In the event of any delay,
due Purchaser shall have, in addition to other legal and ryuitable remedies, the option ofplwag this sort elsewhere
and holding the Seller liable for damages. However, the Sella shall not be liable for damages as a result of delays
due to muses not reasonably foreseeable which we beyond its reasonable control and without its fault of negligence,
such acts of God, acts ofcivil or milimry authonams, governmental priorities, fires, strikes, noes, epidemics, wars or
riots provided that notice of the mnditiotts causing such delay is given to the Purchaser within five (5) days of the
time when the Sella first recrived 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 raven oftbe delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples mirror other descriptions given, will be Et for the purposes intended, :rod
Performed with the highest degree of care and competence in accordance with accepted standards for work of a
similar 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 breach of warranty. The Seller shall replace, repair or make
good, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of
time as may be prescribed by law or by the terms of my applicable warranty provided by Lite Sella after the dte of
acceptance of the good furnished hereunder (acceptance not to be wreaver ably delayed), resulting from imperfect
or defective work done or materials famished by the Sella. Arcepmrmce or use of good by no Purchaser shall sea
institute a waiver of any claim under this warranty. Except w otherwise provided in this purchase order, the Sellers
liability hereunder shall extend m all damages proximately caused by the breach of any of me foregoing wwmnria
or gmmmecs, but such liability shall in cos event include loss ofpsifits or loss of sett. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changs m legal at. by weinm change goer
5. CHANGES IN COMMERCIAL TERMS.
The Purchasset may nuke any changes to the terms, ether than legal terms, including additiom to or deletions fmm
the quantities originally ordered in the gLacificmiom or drawings, by varied or wrboa change me m. If any such
change afl'ec r the amount due or the time of'Perfomunce hereunder, an equitable adjmtmem shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change Vier mrmirc re this agreement as to any or all portions of the
goods her not shipped, subject m any equitable adjustment between the parties as m any work or mnterals then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the good and/m work, for incidental or musaluemad damages, and that no such adjustment be made in
favor of the Seller with respect to any gaol which are the Sellers standard stock. No such lamination shall reline
the Purchaser or the Seller of any of their obligations as to any good delivered hereunder.
Z CLAIMS FOR ADIUS'fMENT.
Any claim (or adjustment ntusr be asserted within rainy (30) days from the date the change or tmnirabour is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been prods met, sold, delivered and famished in strict
compliance with all applicable laws and regulations m which the good are subject The Seller shall execute and
deliver such documents as may be required W effect or evidence compliance. All laws and regulatiom required to Ix
ncarpowtol in agreements of this character are hereby imco,nued herein by this reference. The Sella agrees to
indemnify and hold the Purchaser l mmless fmm all vests and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, mansion, err comey Nis order, of any movies due m o become due hereunder without the
prior "non wmmt nfthc other parry.
ILTITLE.
The Seller warrants full, clear and unratriesed title to the Purehasa for all equipmmt matenalb, and items famished
in performance of this agreement f a clew of my and all liens, reshictimts, oaxxr tkwi security interest
encumbrances and claims o f ohers.
I L NON WAIVER.
Failure of the Purchases o insist upon strict performance of the terms and conditions hereof, failure or delay to
c.axis
any rights or remedies provided herein an by law, failure to promptly mdfy the Seller in the event of a
bemeh,tbe scceptmm of or paymmt for goads hereunder an epprowl of the design, shall not release the Sella of
any of the watwnties or obligations of Nis purchase order nod shall nor be deemed a waiver of any right of Ne
Purchaser to insist upon strict performarwe hereof at any of its rights or readies as a any such goods, regardless
of when shipped, rteised or accepted, m to any prior or subsequmr default hereundeq tar shall any Imperial
oral modiFannin or rescission of this purchave order by the Purchaser crown, as a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Sella and the Purchaser mountize that in aural economic practice, overcharges resulting from antitrust
imam. me in fact borne by the Purchaser. Thmettrom. for good cause and u mnsidewtion her executing Nis
purchase order, the Sella hereby assigns to thr Purchaser any and all claims it may now have or hereafter
acquired under federal or some antitrust laws for such overcharges relating to tar particular goods or services
purchased or acquired by the Purch r m pursuant to His purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser duals the Seller to correct nonconforming or defective goods by a dam to he agreed upon by the
Purchaser and the Seller, and the Seller thereoner, indicates its inability or unwillingness to comply, the Purchaser
may cause the work to be performed by the most expeditious mean s available to it, and the Seller shall pay all
cows eas,woned with such work.
The Seller shall release the Purchaser and its contractors of any tier from all hand dry and claims of any nature
resuhing from the performance of such work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, officers and employees of such party.
The Sellers contractual obligations, including warranty, shall not he dttmed to be, reduced, in any way, because
such work is performed or caused to be, performed by the Purchaser.
14. PATENTS.
Whenever the Sella is required as use any design, des'im, material or prncess covered by letter, patent, trademark
a copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims far infringement
by Lawn of the use of such patented design, device, material or process in reranswon with the mammon and
shall indemnify the Purchaser for any cost, expense or damage which it may he obliged to pay by reason of such
infringement in any time during the prosecution or aBa rare completion of the work. In case said ompmenr, or
any par thermf err the intended use of the good, is in such suit held era amiss itum infdnprimul and me use of
said equipment or part is enjoined, the Sella shall, in its own expense and at its option, rimer procure for the
Purchaser the right in continue using said equipment m Was, replace the same with substmhally tgml but
mmnfinging equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or haNuupr, make on assignment for the benefit of coal appoint n
receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Pu icam, without liability.
16. GOVERNING LAW.
The definitiom oftereas used or the interpretation ofthe agreement and the rights of all parties hereunder shall be
construed under and governed by the laws ofthe State of Colo ude, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers RepreunwtivoOk oa the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said weak at Seller's own risk until the same is fully completed aid accepted, and shall,
in se of any accident, destruction or injury m the work and/or materials before Sellers final completion and
acceptance, complee the work at Sellers own expense and o the satisfaction it Purchaser. When m stria s
and equipment ant furnished by others for imallatlon or erection by the Seller, the Sella shall receive, uWmd,
sore and handle same at the site and became rapomible therefor as though such namerals parer equipment
were being famished by the Sella under the coda.
18. MSURANCE.
The Seller shall, at his own expense, provide far the payment of workers mmpemmioq .]ad., occu,do.]
disease benefits, m its employees employed an or in correction with the work covered by dris powhase other,
and/or to their dependants in accordance with the laws of de suite in which the work is to be done. The Sella
shall also carry comprehensive general liability including, but not limited to, contactual and antonaWile public
liability insurance with bodily injury and death limits of m Ims, S300,000 far any one person, SSKDW for any
conrardent and property damage limit pa accident of S400,000. The Seller shall Lkewise mF:uc, his
acto s, if any, to provide for such compensation and insurance. Before any ofthe Sellers or his contractors
employees shall do any wank upon the premiss of others, the Sella shall famish the Purchaser with is certificate
that such compensation and imuwner have been provided. Such cenif¢ma shall specify me date when such
compensation and insurance have been provided. Such certificates shall specify the date when such compemadm
and insurance expires- The Seller agrees than such compensation and insurance shall be aria mined .,it Lifter the
main, work is mmpletol and Liverpool.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire respensibil ity and liability for any and all damage, loss or injury of any kind
or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in
this purchase order an is connection herewith. The Seller will indnn til'y and hold harmless the Purchaser and any
r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges an 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 defaill on the pan of the Sella, any of his
contractors, or any of Ne Sellers or contracos officers, agents or employees. In case any wit or other
proceedings shall be brought against the Purchaser, or iu officers, agents or employees at any time on account an
by reason of any act, action, neglect, omission or default of the Sella of any of his contractors or any of its or
their officers, agents or employees as aforesaid, the Sella hereby opera to assume the defame thereof and to
defend the same A the Sellers own expense, to pay my and all carts, charges, anomeys fees and other, expenses,
Lucy and all judgments that may he incifi d by or aboitted agaitut rase. Purchases or any of its or their officers,
agents or employees in such suirs or other proceedings, and in case judgment or other lien be placed upon m
obtained against the property ofthe Purchaser, or said panic in or a a result of such suits or other proceedings,
nca, Seller will at once cause the some to be dissolved end discharged by giving bond or otherwise. The Sella and
his contractors shall take all safety precautions, boarish and imall all guards n rsary for the p eventian of
accidents, comply aim all laws and regulations with regard m army including, but without limiodon, the
Ocwpatieml Safety and Health Ad of 1970 and all roles and regulations issued pursuant Ibereo.
Revised 032010