HomeMy WebLinkAbout171337 LAMAR COMPANIES LLC - PURCHASE ORDER - 3214376 (2)PO
PURCHASE ORDER 321437 Number Page
C117/ of PURCHASE
3214376 1 of z
' `t Collins
l'„s This number must appear
` v ` 1 1 on all invoices, packing
sli s and labels.
Date: 07/24/2014
Vendor: 171337
LAMAR COMPANIES LLC
2649 E MULBERRY ST, UNIT A20
FORT COLLINS CO 80524
Ship To: ELECTRIC UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 07/10/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
2 Adding Additional funds
per req 47670
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
inxejlti 161
34,000.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By suture the City of Fan Collins is exempt from score and local taxes. Our Exemption Number is
11. NONWAI VER.
98-01502. Federal Excise Tax Exemption Cenificak of Registry 84-6000587 is registered with the Collecmr of
Failure of the Purchaser to insist upon suict performance of the terms and conditions hereof, failure or delay to
Imerdal Revenue, Denver Colored. (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 Ed
eeereise any rights or remakes provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance ofor payment for goads hereunder or approval ofthe design, shall not release the Seller of
Goods Rejected. GOODS REIECTED due m failure to men speeifcmlons, either when shipped or due to deRns of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in transit, may be retuned to you for credit and are not to be replaced except upon receipt of written
purchaser to insist upon strict peRorman<e hereof or any of its rights or remedies as in any such goods, regardless
irrstmctions from the City of Fan Collins.
of when shipped, received or accepted, is he any prior or subsequent default hereunder, nor shall any purported
oral modification or rescission of this purchase order by the Purchaser operate o a waiver of any of fie terms
Inspection. GOODS are subject to the City of Fort Collins inspection on radical,
hereof.
Filed Acceptance. Receipt of the memberadise, services or equipment in nopome to this aNer can molt in
13. ASSIGNMENT OF ANTITRUST CLAIMS.
anohoraed payment on the pan of the City of Fan Collins. However, it is to be understood that FINAL
from It.,
Seller and the Puahaer recognize that in actual ee is practice, o m,h.,- resuh-It.,
ACCEPTANCE is dependent upon completion ofall applicable requited indication procedures,
s'iolai.m art in fact home by the Purchaser. Theretofore, fotr good cause and is consideration for executing this
purchase order, the Seller hereby udigm in the practical any and all claims it may now have or hereafter
Freight Trams. Shipments most be F.O.B., City of Fort Collins. 000 Wood St,, Fort Collins, CO 80533, unless
acquired under federal or sure amioust laws for such monclo ages .]ad, to the particular goods or services
otherwise specified on this order. If permission a given to Prepay freight and charge separately, the original freight
purchased or acquits by the Purchaser pursuing to this purchase order.
bill muss accompany invoice. Additiorel charges for puking will not he accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is
If the Porchaer directs the Seller to remain nonconforming or defective goods by a date to be agreed upon by the
expected fmm the neamt distribution point do destitution, ad egress freight will be dducaed from bridge when
purchaser and the Seller, and the Seller thereafter indicates is inability or unwillingness to comply, the Paschal
shipments are made from From distance.
may roux the work to be performed by the most expeditious means available or it, and the Seller stall pay all
caws avociated with such work.
Permits. Seller shall procure as sellers sole cost all necessary pemtits. « nifcatrs and he,. squired by all
applicable laws, regulations• orditanco and roles of the mute, municipally rem cry or political subdivision where
the work is performed, or required by any other duly complained public summary having jurisdiction over the work
of vendor. Seller fuller agrees to hold the City of Fort Collins harmless from and against all liability and lass
nc rued by them by reason of to assured or established violation of any such laws, regulaaiors, variations, mlo
and requirements.
Anhori mmus All parties to Nis rumored agree dust the repre rmandrea are, in fad, hods tide and pmdcss full and
romplee audhonry to bind said papio.
LIMITATION OF TERMS. This Portland, Order caprevely limits acceptance to the temu all conditions sand
herein on fonM1 all any supplementary or additional arms and conditions shared hereto or incmpommd herein by
monism. Any additional or different demo and cardinom proposed by seller are objected to and herby mjccled.
3. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately Hydra could make complete shipment o ounce oa your
pmmisd delivery came o rated. Time is of the essence. Delivery and pM mince most be eHccrcd within the time
surd on the purehax order old the documents punched harem. No inns of the Purchasers including, without
Immortal orta, acceptance of partial Ile dehel nes, shall agenda as; a waiver of ibis provision. In the event of pry delay,
the Purehager shall have, in addition to other legal and equitable remedies, the option of placing this order nxwhere
and holding the Seller liable for damages. Ifinnos r, the Seller shall nor be liable for damages as a mull of dalays
due ad causes not community foreseeable which are beyond its reasonable control and without its fault of negligedce,
such acts of Gd, acts of civil or military authorities, governmental pnonaics, fires, spikes. Rood, epidemics, wars or
nods paovided that notice ofthe conditions causing such delay is given to the Purchaser within five (3) days of the
time when the Seller fast received knowledge thereof.. In the gent of any such delay, the date of delivery shall be,
exmnded far the peril equal to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Sella w'il that all 6mards, articles, materials and work covered by Nis order will conform with applicable
drawings, specifications, samples author other descriptions given, will be tit for the putposu intended, and
performed with the highest degree of care and competence in overall with accepted standards for work of a
similar nature. The Seller agrees to hold the purelsxr harmless fmm any loss, damage or expense which the
Purchasert o may suffer or incur on accounf the Sellers bench preventing, The Seller shall replace, repair or make
good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of
time o may be presented by law or by the terms of any applicable warranty provided by the Seller after the dam of
acceptance of the goods famished hereunder (acceptance not to be unreawnably delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not
ormitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase aNer, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warramia
or guaram no, hot such liability shall in no event include loss of grafts or loss of use. NO IMPLIED WARRANTY
OR MERCHANT ABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal tells by written change order.
5. C14ANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal derma, including addili.ns ,, or deletions fmm
the quantities originally ordered in the specifications or drawings, by verbal or wourn change order. If any such
change affects the amount due cr the time of performance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Parchaser may at any time by written change order, terminate this agreement ns to any or all poni.m of Ne
goods then not shipped, subject to any equitable adjustment between the panics as Is any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the goods and/or work, for incidental or consequential damages, and that no such ministrant be made in
favor of the Seller with respect to any goods which are the Sellers standard stock. No such bmination shall relieve
the Purchaser or the Seller of any oftheir obligations as to any goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be examed within thirty (30) days fmm the date the change or termination is
ordered.
S. COMPLIANCE WITH LAW,
The Seller warrants that all goads sold hereunder shall have been produced, sold, delivered and famishd in strict
compliance with all applicable laws and regulations to which are goods are subject. The Seller shall execute and
deliver such documents as may he required to effect an evidence epardianee. All laws and regulations requied m be
incorporated in agreements of this character are hereby incorporated herein by Nis reftren<e. The Seller agrees W
indemnify and hold the Purchaser harmless from all cask and damages suffered by the Purchaser as a molt of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall resign, tmnsfea or coder, this order, or any monies due or to become due hereunder without he
PH., written Co., i ffie other party.
I(1 TITLE.
The Seller wamateo full, clear and umesmaed title m the Puachtxr for all equipment, materials, and imam f inhd
in performance of this agreement, fats, and clear of my and all lieds, restrictions, reservations, maturity n rity interest
eacombreacesand claims nfinduars.
File Seller shall release the Purchaser and its motmctors of any tier from all liability, and claims of any name
malting fmm the performance of such work.
This rdrax shall apply even in the event of fault of n"ligmce of the party released all shall extend to the
directors, ofreas ad imaginary, ofsnch parry.
The Sellds intramural obligations, including wamenry, shall not be deemed to IN ordered. in any way, because
such wont is prrfera d or caused to be performed by the Purehaxr.
14. PATENTS.
Whenever the Seller is coming in use any design, desire, normal orpaoress roveml by leaen patent, oademmk
or copyright, the Seller shall indemnify and save homeless the Purchaser from any all all claims for unburdening
by reason of the use of such parentd design, device, maternal or posers in rounenion with the contract, and
shall indemnify the Purehasa for any cox, experue or damage which it may be obliged ao pay by prawn of such
infringement at any time during the Prosecution or after the completion of the work. In now said equipment, or
my Not thereof or the intended as, of the grind, is in such suit held to amended, infringement and He use of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for rile
Purchaser Jae right to continue using said equipment or parts, replace the same with subsuatially equal but
noninfdnging equipment, or modify it so it becomes noNnfringing.
15. INSOLVENCY.
If the Sella shill become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
or trustee for any of the Sellers property or business, Nis order may foMwith be canceled by the
Purchaer without liability.
16, GOVERNING LAW.
The definifions of,,. usd m the inteapreafiou of the agreement and the rights of all ponies hereunder, shall he
constmd under and governed by the laws ofthe State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller as to Perform work hereunder,
including the services of Sellers Reproamortive(sk oa the premises oforhao.
19. SELLERS RESPONSIBILITY.
The Seller stall carry on said work at Scatters own risk unW the same is fully completed and acccptd, and shall,
in x of any accident, destruction or injury in the work and/or materials before Seller's fired completion and
ermance, complete the work at Sellers own expense and to the satisfaction of den Purchaser. When mammals
and equipment are famished by others for instillation or erection by the Seller, the Seller shall receive, unload,
store and handle more at the site and become responsible therefor as though such materials =Nor equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, ad his awn expense, provide for the payment of workers compensation, including occupational
disease benefs, to its employees employed on or in connection with the work covered by this purchase order,
maker to their dependents in accordance with the laws of the state in which the work is to be dune. The Seller
shall also carry comprehensive general liability including, but not limited to, continental and out ... bole public
li miry insurance with bodily injury and drnth limits of at lean S30U.000 for any one person, 5500,000 for any
one accident and property damage limit per accident of 5400,000t The Seller shall likewise require his
contractors, if any, to provide for such compensation and neyeramen,. Before any ofthe Sellers or his comments
employees shall do My work upon the premises ormhon, the Seller shall famish the Purchaser with a random
that such compensation and insurance have been provided Such cauffivtes shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify the dare when such compensation
and insurance expires. The Seiler 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 assumes the entire mponsibiliry, and liability for any and all damage, toss or injury of any kind
or metre whatsoever m person or property caused by or resulting from Ue exeation of the work provided for in
this purchase order or in connection herewith. The Seller will potentially and hold harmless the Purchaser and any
in all of the Purchasers dlficers, agens and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or inducer, add whether m persons or property to which the Purchaser may
be put or subject by reawn of any ash action, neglect, omission or default on the pan of the Seller, any of his
contractors, or any of the Sellers or contractors efforts, agents or employees In raw any suit or other
proceedings shall be brought against the Purchaser, or is officers, agents or employees at any time on account or
by reason of any act, action, neglect, omission or default of the Seller of any of his conttazmrs or any of its or
their officers, agents or employees as aforesaid the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, to pay any and all cuts, charges, agermys fees and other expenses,
any and all judgments that may he incurpd by or obtained against the Porehasa or any of its or their officers,
Memo or employees in such suits or other proceedings, and in ease judgment or other lien be placed upon or
dbui d against the property of the Purchaser, or said ponies or or as a mull of such auto or other Proceedings,
the Seller will at once cruse the same to he dissolved and discharged by giving beard or otherwise. The Seller and
his contractors shall take all safety precautions, Boards all instill all guard neeessary for the prevention of
accidents, comply wit all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of PET and all tales and regulations issued parsuunt thereto.
Revised 07Q014