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HomeMy WebLinkAbout375464 DAVINCI SIGN SYSTEMS INC - PURCHASE ORDER - 9142444Fort Collins Date: 05/01/2014 Vendor: 375464 DAVINCI SIGN SYSTEMS INC 4496 BENTS DR WINDSOR CO 80550 PURCHASE ®! JER PO Number I Page 9142444 1012 This number must appear on all invoices, packing sli s and labels. Ship To: TRANSFORT BUS FACILITY CITY OF FORT COLLINS 6570 PORTNER ROAD CITY OF FORT COLLINS CO 8052 Delivery Date: 05/01/2014 Buyer: WILSON, JILL Note: Please refer to attached quote. Line Description Quantity UOM Unit Price Extended Ordered Price 1 Local Funds -MAX Wayfinding Sign Installation 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 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522.0580 Purchase Order TeEiEv Conditions Page 2 of 2 1. COSLMERCIALDEI'AIL Tom exempmns. By statute d of Fort Collins is exempt from cute and local mxa. Our Exemption Number 6 98-04502. Federal Excise l:. mplime Certificate of Registry M-6000587 is registered with the Collaror of Internal Revenue, Denver, G m (Ref Colorado Revised Sol.,. 1973. Chapter 39-26, 114 (a). Goods Retared. GOODS RI . ED due le failure to meet spaiflonions, either when shipped ar due to de&ds of damage in mind, may be i, ed to you for credit and are not to be replaced except upon receipt of wrintt indications fiom rise City of 1'an Collins - Impatim. GOODS are subject In the City of Fon Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, wrist of Sig on in rcsporsse to Ws order can result in amhorised payment on the pan of the City of Fort Collins. However, it is to be understood rho, FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments mast be F.O.B., City of ran Collins, 700 WouJ St, Fon Collins, CO 80522. unless otherwise specified can this oitk, Ir permission is given to prepay Beiglin and charge separately, the original freight bill most accompany invoice Additional charges for packing will not be accepted. Shipment Diaance. Where it ifaturms have distributing points in various pans of the country, sllipmtn is expand from the nearest greater coins to deslre,ion, mod excess CrelgM1, will be deducicd from Invoice when sM1ipments are made from gre:uer distance. Permits. Seller shall procure at sellers sole cost all necessary permits, ceniGples and licenses required by all applicable bus, regulations, ordinances and roles of tine share, municipally, armory or political subdivision where the work is performed, or rcquirM by any other duly constituted public aulheriy having jurisdiction over the work of sensor. Seller fuller agrees 10 hold the City of Fort Collins hartnlm Be. all money, all liability and loss intoned by them by reason of can assMed or established violation of nay such in.. regulatiores, orimnces, roles and requirements. Authorimaiun. All rumors to ,hi., contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. 'Ihis Purchase Order expressly limits acceptance to the terms and exnditions ailed heroin set toll and my supplensenary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately drying commit make complete shipment on arrive on your promised &Honyr date on, nonscrine is cribber rimer. Delivery and performance most be erected within the time stored an the pashas lode, and the documena attached hereto. No acts of the Publown, including, without limitation, acceptance of Wni:d late deliveries, shall operate an, a waiver of this provisiar. In the even, fany delay, the Purch er shall have, in addition to other legal and valuable remedies, the option of placing via order elsewhere and holding the Seller liable for damages. However, due Seller dull no, be liable for damages as a result of delays due to causes net reasonably Ibreseeable which are beyond its reasonable control and without its fault of negligence, such nets of God, acts of civil or 11111 dary authorities, govemmenusl prierilies, fires, slakes, Rood, epidemics, wars or ,an, provided vat notice of the conditions causing such delay is given to the Purchaser within rive (5) days of the time when the Seller first receivN knowledge verMf. In the event of any such delay, the dale of delivery shall be extended for the period equal to the time actually lost by reason order delay. 3. WARRANTY. The Seller warrant lot all goods, articles, materals and work covered by this order will conform with applicable drawing. Scrificdtiom, samples maker other descriptions given, will be fit for the purposes intended, and performed with the highest degree of ease all Mmpemme in accordance with aoelnod s,midart 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 can account of the Sellers breach of waramy. The Seller shall replace, repair or make good, without cost an the purchaser, any defects or (minas nosing within one (1) year or within such longer period of time as may be prescribed by law or by the terms of my applicable wormy provided by the Seller after the date of acceptance of the goods furbished hereunder Lieco m ue not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials famished by the Seller. Aberrance or use of goods by the Purchaser shall and institute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by ,he breach of any of the foregoing warranties or guammem, but such liability shall in no tent include loss of pm0ts or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES M LEGAL TERMS. The Purchaser may make changes to legal terms by writhes change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any ch:mpex rid the clans, other than legal teems, including additions to or deletions from file ggooni s originally ordered in the specifications or drawings, by onlud or written change order. 1I'tiny such change affects the amount due or the time of pelf rmn ee hereunder as emon,rie adjustment shall be nude. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as a any or all potions of the goads then no, shippxf aii a any, equitable adjm,mM, between the ponies as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profia on due uncompleted potion of the goods andi' r work, far incidenal or Mmsryuentvl damages, and than on such adjustment be made in favor of the Seller with respect to any goods which are the Sellers sundard stock. No such termination shall relive the Purchaser or the Seller ofany of their obligations as to any goods delivered heeunWer. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assomed within only (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LPs'. The Seller warrants thin all roods sold hereunder shall have bere produced, sold, delivered and famished in strict compliance with all nppliraMc laws and regulations to which the goods are subject The Seller shall execute and deliver such documents as any he requited to effect or evidence compliance. All laws and regulations requited to he monumental in agreement, of this character are hereby Incorporated herein by this reference. The Seller agrees to indemnify sand hold the Purchanor harmless from all costs and damages suRerN by the Ptchaser as a result of the Sellers failure to comply a i,h such law. 9. ASSIGNMENT. Neither parry, shall assign, hansfer, or convey this order, or any monies due or to become due hereunder without the prior written consent ofthe other party. 10. TITLE. The Seller warrm¢ full, cleat and unrestricted title to the Precursor for all equipment, urn erials, and no. famished in Enfomance of vis agreement, free and clear of any and all Ilmts, resnictioni reservations, security intones, eoaumbmnees and claims of Others, I L NONWAIVER. Failure of the Purchaser to insist upon suit performance of the tents and conditions heel failure t delay to exercise any rights or remedies provided herein or by law, failure to plumply notify the Seller in the event of a breach, the acceptance of or payment for pleads hereunder or approval ofdue design, shall not release the Seller of any of the warranties or obligations of this purehose order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereofor any or its rights or remedies as to any such gsmds, regardless of when shipped, received or accepted as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate az a waiver of any of the moms hereof. 12. ASSIGNMENT OF AM [TRUST CLAIMS. Seller and the Purchaser recogn e, that in actual ..to practice, o etcharges resulting from amimnt violations ate in fact home by the Purchaser. Thereinafter, for good cave and as considemlion far executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services purchased ar acquired by the Puncture, pursuant to this purchase order. 13. PURCI LASERS PERFORMANCE OF SELLERS OBLIGATIONS. If file Purchaser directs the Seller to correct nonoonfmaing or defective goods by a dam to be agreed upon by the Purchaser and the Sri let, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means mailable a it, and the Seller shall pay all costs associated with such work. The Seller shall clease the Purchaser and its contractors of stay tier firm all liability and claims of any nature resulting fmm the performance ofsuch work. This release shall apply even in the vent of Paull of negligence of the party released end shall extend to lye directors, officers and employees of such parry. The Sellers contractual obligations, including warranty, shall not be deemed as be reduced, in any way, because such work is performed or caused to be performed 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 harmless the Purchaser from any and all claims for infringement by lessen of the use of such patented design, &vice, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reamn of such inGmgement at any time during the prosecution or after the completion of the work. In case said equipment, or eny paid hhereof or the intended nor of the goods, Is In such Salt held to comtimte infnngemenl and the rise of said equipment or pan u enjoined, the Seller shall, at its own expense and at its oPtion, cover procure for the Purchaser the right to continue using said informant or pans, replace the same with substantially equal but nomnfringing reprimand, or modify it so it becomes naninfNnging. 15. INSOLVENCY, It the Seller shall become inselvml or bankrupt, ..it, an assignment for the benefil of creditors, appoint a receiver or trustee for any of the Sellers property or business, this other may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or tie vtcryretation of the agreement and the right ofall panias intermitter shall be, constmed uMer and govemed by the laws ofthe State afC.Imado, USA. The following Additional Conditions apply only in cases where lye Sella is to perform work hereunder, including the ser icn of Sellers Reprewnutive(s), on the premises of others 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, a.are of any accidmn, destruction or injury to the work insurer materials before Sellers final completion and ccepmnce, complete the work at Sellers own expense end to the satisfaction of the PureM1mer. When materials and equipment arc fumishcd by oven for installation or erection by ge Seller, the Seller shall receive, Mload, stare all handle same at the Site and become responsible therefor as though such materials andror equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his ossn expense, provide for the payment of workers compareption, including occupational disease benefits, to its employees employed on or in connection with the work covered by this patchau order, arri to their dependents in accordance with the laws of the sure in which she work is to be done. The Seller shall also carry comprehensive general liability including, but not limited an, mnnucwal and automobile public liability insurance with bodily injury and death fruits ,far least S300,0W for any are penoq S500,000 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his comments, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises troffers, the Sella shall famish the Purchaser with a calibrate that such mmpemmion and insurance have been provided. Such certificates shell specify the date when such compensation and insurance have bee. provided. Such certificates shall specify the date wh. such ctmpamation and insurance expires. Far Seller agrees &tar such comprsation all insurance shall be mainmiand until Cher lye entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumrs the Moire responsibility and liability, for any all all damage, loss or injury crony kind r mature whosoever to Persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchase and any cr all of the Purchasers office.,agenm and employees Bum and against any and all claims, losses, damages, harges or expenses, whether direct or indirect, and whether w persons or property to which the Purchaser may be put or subject by teasun of any act, action, neglect, omission or default on the pan of the Seller, any of his conlradors, 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 officers, agents or employees at any time on account or by reason of any ct action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, due Seller hereby agrees to assume the defense therMf and w defend the more at the Sellers own capacities, to pay any and all craws, charges, anomeys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser many of its or their Officers. agents or employees in such suits or other proceedings, cord in case judgment in other liM be, placed upon or obtained against the property of the pwahaser, or mid Forties in or as a result ofsuch suits or other proceedings, the Seller will a, once cattu the same to be dissolved and discharged by giving bond or oherwiss. The Seller and his contractors shall take all safety precautions, famish and install all guards navmry for the prevention of accidents, comply with all laws and regulations with regard to semy including, but without limitation, the Occupational Safetyand Health Act of 19'10 and all rates and regulationsissued pursuant thereto. Revised 03/2010