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HomeMy WebLinkAbout103941 CITY OF FTC MISCELLANEOUS - PURCHASE ORDER - 9143152Fort Collins PURCHASE ORDER PO Number Page 9143152 1ef2 This number must appear on all invoices, packing sli s and labels. Date: 06/06/2014 Vendor: 103941 Ship To: ENGINEERING DEPT-MASON CITY OF FORT COLLINS MISCELLANEOUS CITY OF FORT COLLINS CIS ** ENGINEERING DEPT-MASON 281 N. COLLEGE AVE FORT COLLINS CO 80524 Delivery Date: 06/06/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Wayfinding/miscsignage 1 LOT LS 20,108.29 as required for MAX LLB,^ j�.i;'' 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 108.29 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 I. COMMERCIALDETAILS. Tax exemptions. By music the City of Fon Collins is exempt from state and Ideal taxes. Our Exemption Number is 98-04502. Federal Excise fair Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes' 1973, Chaplin 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure In meet speciticatiotu, anise, when shipped or due to defects of damage in transit, may be returned to you for credit and am not to be captured except upon receipt of written inductions Rom the City effort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of rise merchandise, srn'ices or equipment in calla ase to this Indian can resull in walmnud payment on the Pan of the City of Fon Collins. Ifo.cwn, it is to be undmlocd rem FINAL ACCEPTANCE is dependent upon completion of all applicable remired inspection procedures. Freight Tenn,, Shipments mast be P.O.B., Cory of run Collins, 700 Wood Sr, Fon Collins, CO 80522, unless otherwise sformed on this under. Ifi efirasion is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distnbuting Points in varisaw pans or the country, shipment is expected from the neared distribution paint to dedication, and excess freight will be deducted from Invoice when shipments am made tram greater distance. Pwdni.. Seller shall procure at sellers sole art all necesary permits, rergficates ward licenses natural by all applicable laws, regulation, ordinances and roles of the state, municipality, mmmry or Political subdivision where the work is performed, or required by any other duly carstimtad public authority hosing jurisdiction over the work of vendor. Seller further agrees m hold the City of Fan Collins handles, from and against rill liability and loss mreed by them by reason of an asserted or established vialation of any such laws, regulations, onlinunces, roles W 'c'mournerms, Aulhonamion All ponies a this conduct agree that the represcrealivve are, in fall, him. fide and possess fall arm complete euthodry to bind said Ponies. LIMETAT ION OF TERMS. This Purchase Order expressly limits acceptance to the lean and conditions stated herein set form and any supplementary or addlll.al corms and conditions annexed hereto or rearranged herein by reference. Any additional or different moms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE, PURCHASING AGENT immediately ifyou anon make complete shipment 10 arrive Ina your promised delivery data n noted. Time is of the essence. Delivery and performance must be effected within the time staled on the Furnace, order and the documents aunehed heron. No acts of the Purch:ners including, without limitation, acceptance of panid late deliveries, shall operate as a waiver of this provision. bl the event army delay, the Purchaser shall have, in addition to other legal and academic remedies, the option of placing this order elsewhere and holding dos Seller liable for damages. Hower,, the Seller shall not be liable for damages a, a result of delays due to causes not reasonably fom¢ablo which are beyond its reasonable control and without its fault of negligence, such are, of GW,ac. of civil or military authefines, govemmenml pnothoa,fires, drike, Boack epidemic, wars or dots provided that nmim of de, candidates causing such delay is given W the Purchaser within five (5) days of the time when die Seller fit received knowledge thereof. In the event of any web delay, the dale of delivery shall be extended for the period equal to the time actually lost by named afthe delay. 3. WARRANTY. The Sella ,arare that all goods, articles, mmerials and work covered by this order will conform with applicable drawings, specifiations, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and interference in acandance with accepted anddads far work of a miler na.m. The Sell,, agrees m 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 cast to the produce,, any damets or foul¢ wising within one (1) year or within such longer Penod of time as may be presented by law or by the teats of any applicable wamanV provided by the Seller after the date of acceptance of the good fumuhed hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Sella. Acceptance or toe of goods by the Pureb.raw shot[ ant institute a waiver of any claim under this warrants. Except res otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the feregaing wamanna or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SI[ALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make change; to legal terms by wring change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes 1. the terms, other Haan legal terms, including addniom to or deletions from me gm-twxx originally ordered in die stm'i camon at drawings, by "cNal or wrinrn change order. If any such change arre rs the amount due or the time ofpe llormance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at tiny lies by modern change order lerminmc this ugreemend re m any fir all portions of the goods than not shipped subject to any equitable adjustment between the parries as to any work or materials then in progress provided that the Purchaser shall not be liable for wry claims for anticipated pinfi s on the uncompleted Indian argue goods andor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which we the Sellers sandam stock. No such tardiamon shall relieve the Purchaser or rise Seller of any of their obll,atlos as to any good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim fro adjustment most be wadded with.. thirty (30) days from the dale the change or tetmion— is ordered. 8. COMPLIANCE WITH LAW. The Suter warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in short ompliun,e with sell applicable lows and regulations ho which the goods are subject. The Seller shall execute and deliver such documents as maybe required to effector evidence compliance. All laws and regulations required to be uninformed on agreements of this character me hereby inmrpommd herein by this reference. The Seller agrees 10 indemnify and hold the Purthner harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to amply with such law. 9. ASSIGNMENT. Neither parry shall assign, counter, or convey this order, or my monies due or W become due hereunder without the poor wnnen concur of the other party. 10, TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items rumored in performance of this agreement, Gee and clear of any and all liens, restrictions, reservations, security interest encumbnne s and claims ofolhers. 11. NON WAI V ER. Failure of the Purchaser to initial upon strict Performance of the laws and conditions hereof, failure or delay to aware any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of any ofthe warranties or obligations or this purchase order and shall not be deemed a waiver of any right of the purchaser m insist upon strict performance hereof., any of its fights or remedies n to any such good, regardless of when shipped, received or accepted, as m any poor or subuqual default hereunder, nor shall any purported and modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller end the Purchaser recognize that in actual eacroado pmclice, overchoraes resulting from antirn at v ariantm arc in fan home by the Purchaser. Theretofore, fire good ause and as camadention far executing this purchase order, the Seller hereby resigns to the Purchaser any and all claims it may now have or hereafter acgnireal under federal or state antitrust laws far such overchurges mialing to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCI IASF.RS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to carded nonconforming or defective good by a dame to Ix agreed upon by the Purchaser and the Seller, and the Seller chimera nations its inability or unwillingness to comply, the Purchaser may cause the cook m b, performed by the most expeditious means mailable m it, and the Seller shall pay all cos. aoweemed with such work. The Seller shall release the Purchaser and its commctors of any tier from all liability and claims of any azure resulting from the performance of such work. This release shall apply even in the went of fault of oegligace of the pany released and shall extend 1n the directors. officers and employees ofsuch party. The Seller's anmactud obligations, including warranty, shall not be deemed 1. be reduced, in any way, became such ..,it is peRortned or caused I. be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required 1. use my design, device, material in process covered by line,, pamtn, (.&mark or copyright, the Sella short indemnify add save hztmless the Purchaser boom any and all claims for infringement by drawn of the use of such patented design, deice, masenal or process in connection with the contract. and shall indemnify the Purchaser for any cost, expense or damage which it may he obliged to pay by reason of such infrin,mnem at ony time dune, 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 w andimte inGtn,emem and the vac of said equipment or pan is enjoined, the Seller shall, at its own ex view and at its option, either mature for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but nowafringing auipmcnl, ar modify it so it becomes noninGnging. 15ANSOLVENCY. If the Seller shall become .normal or brnkmpf, make an assignment far the benefit of ceedows, wppoim a rteiver ar toaster, for any of the Sellers property or business, this order may forthwith far canceled by the Purchaver without liability. is. GOVERNING LAW. The definitions of teens used or the intcmrention ofthe agreement and the rights of all parties hereunder shall be construed under and governed by the laws of the Some ofColomdo, USA. The following Additional Conditions apply only al eases where the Seller is to perform work hereunder, including the services of'Schers Reprtumntiveds). an rise premises ofmhed. 17, SELLERS RESPONSIBILITY. The Seller shall carry on said wmk at Seller's own risk until the same is fully completed and accepted, and shall, in use of any accidenr, destruction or injury to the work and/or materials before Sellers real completion and acceptance, complete the work in Serefs awn expense and to the satisfaction of the Purchaser. When materials and equipment are fumlshad by other far 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 andfor equipment were being burnished by die Seller under the order. 18. INSURANCE. The Seller shall, at his own expenses, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work emxred by this purchase order, and/or fo their depended¢ in accordance with the laws of the sure in which the work is m M done. The Sella shall arm carry comprehensive general liability including, but riot limited m, contractual find automobile public liability wasso nce with bodily injury and dews him, of u least S3en.. for any are radian, S50V..0 for any one accident and property damage limit per accident of S40Q000. The Seller shall likewise require his constraints, if any, to provide for such mmpenmGon and insurance. Before any of the Se11ers or his contmcmrs employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate [list such a d,wen lion and insurance have been provided. Such cifi fiates shall specify the data when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation analiomr: -expires. The Seller ogres that such compensation and insurance shall be maintained until alter the atim work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the adds dcporesibiliry and liability for any and all damage. loss or injury of., kind or wore whatsoever to persons or property caused by in occurring from the execution of the work provided for in this purchase order or in connection herewith. The Seller will iMetanify and hold hurrnless the Pmehsser and any to all of the Purcho;ers officers,.,In. and employees room anal against any and all claims, losses, damages, charges or estimates, whether direct or indirect, and whether to persona or properly m which the Purchaser may ho put or subject by reason of any act, action, neglect, omission or dafuult on the pan of the Seller, any of his ammcton, or any of the Sellers or contractors officers, agents or employees. to case any aril or other proceedings shall be brought against he Purchaser, or its officer, agents or employees at any time on account or by caused of any act, action, neglect, omission or default of the Seller of any of his contracted, or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume die defense thereof and to defend the same at the Sellers own expense, fo pay any and all cos., visages, summers fees and .the, expenses, any and all judgments fat may he incurred by in obtained against the Pmchsser or any of its in their officers, signals or employees in such suits or other proceedwg;, and in case judgment or alha lien be, placed upon or obained against the reopen, urns, Purchaser, or said parries on or as a.1, to'such suds or other proceedings, the Sella will at are cause the same to he dissolved and discharged by giving band or otherwise. The Seller mA his antmnors shall fake all safety precaution, fumuh and install all guard necesary for die prevention of accidents, comply with all laws and regulation with repand to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all mice and regulations issued pursuant herto. Revised 03/2010