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HomeMy WebLinkAbout171337 LAMAR COMPANIES LLC - PURCHASE ORDER - 3214376Fort Collins Date: 03/18/2014 PURCHASE ORDER Vendor: 171337 LAMAR COMPANIES LLC 2649 E MULBERRY ST, UNIT A20 FORT COLLINS CO 80524 PO Number Page 3214376 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 03/17/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price Advertising Services 1 LOT LS 20,000.00 on buses, benches, shelters 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 Total 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from slate and local taxes. Ow Exemption Number is 98-04502. Fedemt Excise Tax Exemption Cer fte.ne of Registry 84-6000589 is registered with the Collector of Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goads Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due W defects of damage in transit, may be occurred to you for credit and are not to be replaced except upon receipt of wrnen hssrundions from the City of Fan Collins. Inspection. GOODS art subject W the City of Fan Collins inspection on err mL Final Acceptance. Receipt of the merchandise, services or equipment in response to ttis order can result in authorized payment on the M1ur of the City of Fort Collins. However, it is W be undimmed that FINAL ACCEPTANCE is dependent upon completion of All applicable required inspection procedures. Freight Terms. Shipments must be F.O.D., City of Ton Collins, 700 Wood St., Pon Collirs, CO 80522, umess otherwise specified as this aide,. If Fairlawn.. H given W prepay freight And charge adversely, the original freight bill must accompany invoice. Additiorul charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing paints in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments Are made from greater distance. Tsunamis. Seller shall poem at sellers sole door all necessary permits, di ifidi and burden required by all applicable laws, regulations, ordinances and rates ofine scam, municipality, territory or political subdivision where the work is performed, or required by any other duly consanded public authority havingjrtnsdiction over the work of vendor. Seller farther agrees to hold the City of Fort CNbns harmless Gom and against all liability and loss incurred by them by reason of an assured or established violation of any such laws, regulations, ordinances, rates and requiremenu. Aufnrinumar. All parties to this contract agree that the representatives are, in fact. bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance A. the terms and conditions stated herein set Ibdh and any amdual merry or additional terms and conditionu annexed hernia or incorporated herein by reference. Any additional or diftwent it. and conditions prolmed by seller are objemed An and hereby rejected. 2 DELIVERY. PLEASE ADVISE. PURCHASING AGENT immediately ifym cannot make complete shipment to arrive on your promised delivery date As noted. Time is of the essence. Delivery it performance must be eRedad within the time stated un the purchase order And the dacuntaw attached hereto. No acts of the Purchasers including, without limitation, acceptance of penid late deliveries, shall operate as a waiver of this prevision. In the event of any delay, the Purchaser shall have, in Addition to other legal and equitable remedies, me option of placing this order elsewhere And holding the Seller liable for damages. However, the Seller shall not be liable for damages As A result of delays due to cams not reasonably foreseeable which are beyond its reasonable demand! mad without its fault ofagllguece, such acts of God, Acts ofcivil or military authorities,....manmtal priorities fires, strikes Bond, epidemics, ..is provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller fast received knowledge thereof. In the event of my 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 Seller warrants that all goods, articles, materials and wok covered by this order will common with Applicable drawings, specifications, samples and/or other descriptions given, will be fit 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 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 cosno the pumhaseq ay defects or faults Tensing within one (1) year or within such longer period of time As may be presrnbed by law or by do, menu of any applicable spmmty pounded by the Seller offer the date of eepmntt of the goods famished hereunder (accepmnce not to h trmeam oddy delayed), resulting flow imperfect or detective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall at constitute a waiver of my claim under This warranty. Except As otherwise provided in this purchase offer, the Sellers liability hereunder shall extend to all damages proximately caused by The breach of any of The foregoing warranties or goarante,s, but such liability shall in no event include loss of profits or loss of wm. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by wnnm change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser not make any changes to The acres, All than legal terms, including additions to or ddetiod floor the ammo ties originally ordered in the specificaions or drawings, by veMa or written change order. If any such change affects the Amount due or the time of performance hereunder, an quibble adjustment shall be made. 6. TERMINATIONS. The Torrence may at any lime by wri om change ode, armaam this agreement as to any or all Foniona of the goods then not shipped, subject to any equitable adjustment between the parties As to any won or materials then in progress provided that me Purchase, shall not be liable for coy claims for anticipated profits on the uncompleted potion of the goods mdNo work, for incidental or consequential damages, And that a W such adjuummt be made in favor of be Seller with misled As any goods which ate fie Sellers standard stock. No such termiatian shall relieve the Purchaser or the Seller ofany ofem obligations as To any goods delivered hereunder. ]. CLAIMS FOR ADJUST MENT. Any claim for edjustmen must be asserted within Thirty (30) days from the date The change or termination is Amerea. 8. COMPLIANCE WITH LAW. The Seller warrants that .118ods sold hereunder shall have been produced, sold, delivered and fumishcd in sfct compliance with all applicable laws end regulations to which the goods are subject. The Seller shall execute snit deliver such documents m may be Tmluired to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and bold the Purchaser hamdess from all costs and damages suffered by The Purchaser As a result of tlrc Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall Assign, nano fe, or convey this order, or any monies due or to become due hereunder without the pdmsdamen cogent ofthe Omer Perry. 10. TITLE. The Seller warrants full, clear ad unrestricted title to the Purehaer for all equipment, materials, and items furnished in performance of this Agreement, free and clew of any and all lions, restrictions, reservations, security interest encumbrances and claims of others. 11. NONWAIVER. Failure of fie Purchaser to insist upon mind performance of the Terms and conditions hereof, failure or delay to demise any rights or remedies provided herein or by law, failare to promptly modify the Seller in the event of a hose ch, me acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the warranties or obligations of this purchase offer and shall not he deemed a waiver of my right of the purchaser to insist upon strict performance hereof or any of in rights or remedies as to any such goods, regardless of when shipped, received or accepted, as no any prior or subsequent default hereunder, no shall any purported oral modification or rescission of this purchase order by the Produced apemen As a waiver of my of the telex hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser exogaiss that in actual economic practice, overcharges resulting Imo aminnot violations are in fact home by the Purchaser. Theretofore, forpodcause and as consideration for executing this Purchase order, the Seller hereby assigns W the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust laws far such overchmges relating to the parnmla goods or services purchased or acquired by the Puchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser died. the Seller to bonnet Amanwmmwing or defective goods by a date to be agreed upon by the Purchaser and the Seller and the Seller thereafter indicates its inability or unwillingness 1. comply, the Purchaser may cause the work to be performed by the most expeditions means available to it, and the Seller shall pay all costs ass«i.W with such work. The Seller shall release the Purchaser and its contractors of Any tier fmm all liability and claims of may dote, resulting from the perfonnmce ofsuch 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 Seller's contractual obligations, including warranty, shall not be, domed to be reduced, in any way, beduse such work is performed or caused to fire performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or pmress covered by filer, parent, tend add, r copyright, the Seller shall indemnify and save hamdess the Purchaser from any and all claims for inGngement by reason or the tee of such parented design, desire, material or pmress in connection with the contract. and shall indemnify the Purchaser for any cost, expe e e in dodge which it may be obliged to pay by reason of slash infringement at any time during the promotion or after the completion of the won. In cox 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 said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure far the Purchaser the right to continue ruing mid equipment or pans, replace the same with substantially equal but noninfnging equipment, or modify it so it becomes mninfnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint A receiver or dime Coe any of the Seller property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe Agreement mad the rights ofall panes heeunder shall be construed under and governed by the laws ofthe State ofColmdo, USA. The following Additional Conditions Apply only in cases where the Seller is to perform work hereunder, including the serviced of Sellers Represcnmtive(s), on the premises ofohers. 17. SELLERS RESPONSIBILITY. The Seller shall cony on said wall: at Sidlets osn risk ,it the same is fully completed Tend accepted, and shall, in case of any Accident, destruction or injury to the work ador materials before SeOds final completion and acceptance, complete the work ar Seller's awn expense and to the satisfaction of the Purchaser. When materials and equipment are 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 f ishcd by the Seller under the ode,. 18. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in eonnemlon with the work covered by this purchase order, and/or to Their dependents in am o dance with the laws of the state in which the work is to be done. The Seller shall Also carry comprehensive general liability including, but out limited to, co enewil and automobile public liability ince—se with Facility i jury wd death limits of al least 5300,000 for any out pawn. MOR000 fen any one accident and property damage limit per accident of M00,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and members. Before any of The Sellers or his confusion employees shall do any won upon the premises of others, the Seller shall burnish the Purchaser with a certificate that such compensation and insurance have been provided. Such cenumares shall specify the date when such compensation and insurance have been provided Such unificara shall specify the date when such oompensation And iruneance expires. The Seller age ma, Nat such mmmpedation and insurance shall be maintained until aBer the entire won is campiaed and accepted. 19. PROTECTION AGAWST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and All damage, loss or injury of any kind r nature whatsoever to Persons or property caused by (IT resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamdess the Purchaser and any r all of the Purchasers officers, agents and employees fmm And Against any And All claims, losses, damages, ,harges a, expenses, whether direct or indirect and whether Ip persore AT propene to which the Pmebaser may he put or subject by poison of my Act, action, entitled, omission or default on me pan of The Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought Against the Purchaser, or its oRcen, agents or employees at any time on normal or by reason of any act, action, Abided, omission or default of the Seller of Any of his contractors or any of its or their officers, agents or employees As aforesaid, me Seller hereby agrees to assume the defense thereof and W defend the some at the Sellers own expersse, to pay any and all costs, charges, auomeys fees and ofer expenses any and all judgments mat may be incurred by AT obtained against me Purchaser or any of its or their officers, Agents or employees in such suits or other proceedings, and in case judgment or office lien he placed upon or Obtained .,also the property of the Purchase, or said ponies in or as a result ofsuch suits or other proceedings, the Seller will at once cause me same to be dissolved and discharged by giving bond or otherwise. The Seller and has enormous, shall take all safety predominates famish and install all guards nmesmry, for the prevention of agenhau, comply with nil lass And tgulatioas dim regard to safer including, but wifom limitation, the Occupational Safety and Health Am of 1970 and all tales and regula Tones issued pursuant Thereto. Revised 03GOW