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HomeMy WebLinkAbout534537 CONNECTING SIGNS INC - PURCHASE ORDER - 9143321 (2)PO PURCHASE ORDER 9143321 Pogo City of PURCHASE 43321 1 of z ' `tCollins( Thisnumber must appear ` v on all invoices, packing sli s and labels. Date: 08/11/2014 Vendor: 534537 Ship To: OPERATIONS SERVICES CONNECTING SIGNS INC CITY OF FORT COLLINS 2643 MIDPOINT DR SUITE E 300 Laporte Avenue FORT COLLINS CO 80525 Building B FORT COLLINS CO 80521 Delivery Date: 06/1212014 Buyer: JOHN STEPHEN N ote: Line Description Quantity UOM Unit Price Extended Ordered Price 2 6 additional signs 1 LOT EA 170.00 0 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 Pay terms net 30 days 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 salute the City effort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Deaver, Colorado (Ref Colorado Revised Statmes 1973, Chapter 39-26,114 (a). Good Repeated. GOODS REJECTED due to fmgtm to meet specifications, either when shipped or due to def ts of damage in tamil, may be reamed to you for credit and are not to be replaced except upon receipt of wri mm inamor ens from the City .171m. Collins. Inspection. GOODS are subject he the City of fan Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services r equipment in response to this order can result in authmrzed payment on the pan of the City of Fort Collins. However, it is to be understood that FWAL ACCEPTANCE is dependent upon completion of all applicable rw3uirtd inspection pmcedurx. Freight Tactics. Shipments must be rO.W, City of Too Collins, 700 Wood St., Pon Collins, CO 80522, urnleas otherwise specified oa this order. If prnn¢siun is given to prepay freight and charge separately, the original freight hill mostaccmmunnv invoice. Additional chances for oackma will not be acccoted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected fmm the nearest distribution Point to destitution, and excess freight will be deducted from Invoice when shipments are made fiver greeter distance. Permits. Sella shall procure at sellers sole cast all eta., permits, cenifcales and licenses required by all applicable laws, regulations, ordinances and mles of the sate, municipality, tenimry or political subdivision when the work is perforated, or required by any other duly constiated public authority Nevin, jurisdiction ova the work of vendor. Seller further agrees to hold the City of Fort Collins harmless room and against all liability and loss endused by their by reason of on asserted of established violation of any such laws, regulations, ordinances, tales mptimmenn. Authorization. All parties to this contract agree that the representatives are, in fact, Nora fide and possess full and complete amhadry to bind said panic. LIMITATION OF TERMS. This Purchase Order expressly limits severance to the terms and conditions sated herein set forth and any sup,leman., at, additional semis and conditions annexed hereto or incorporated herein by reference. Any add, owed or diffaWo terms and conditions proposed by seller are objected to and hereby rejected 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance most he effected within the time stated on the purchase offer and the documents Watched herein. No acts of the Purchasers including without limitation, acceptance of panal lam delivenes, shall operate as a waiver of this provision. In the event of my delay, the Purchaser shell have, in addition to other legal and tyuitable remedies, the oplimt 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 causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, gwemmestal pdomies, fires, strikes, Road, epidemics, wars or area provided that notice of the conditions causing such delay N given W the Purchaer within five (5) days of the time when the Seller fist received knowledge thereof. In the event of my such delay, the date of delivery shall he extended for me period ryml to fe time actually last by reason of the delay. 3. WARRANTY. The Seller warants that all goods, articles, materials and work covered by this order will cunfamt with applicable drawings, specifications, samples amkor other descriptions given, will be fit for the purposes intended, and Performed with the highest, degree of cart and competence in accordance with accepted sandard for work of a similar nature. The Seller agrees to hold fie purchaser loonies from my loss, damage or expense which fie Purchaser may sufferer incur on account ofthe Sellers breach of warraary. The Seller sh it replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (I) year or witltin such longer period of time as may be presented by law or by the tents ofany applicable warranty provided by the Seller oiler the data of acceptance of the goods furnished hereunder (acceptance not to be unreasonably deloyed), resulting from impart t or defensive work done or mmmals famished by the Seller. Acceptance or use of goods by the Purchnmr shall not constitute a waiver of any claim under this amrady. Except s wherwiu provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any ofthe foregoing warrmties or greardmate, be, such liability shall in net event include tau of profits m I. of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser stay make changes to legal terms by written ch.'mge order. " 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes fur the arms, other than legal terms, including additions to or deletions ❑our the quantities mmmailly ordered in de specifiatiom or dawings, by mrWl or wdnrn change order. If any such change affttls bar amount due or me time ofperformame hereunder, an efuitablc edjmtmmt shall be made. 6. TERMINATIONS. The Puniness may z9 any time by wriven change order, terminate this agrainal ax m my or all portion, of the goods than inn shipped, subject m any equitable adjustment between the Parties as a any work or mmcrials then in progress provided that the purchaser shall not be liable for :my claims for anticipated profits on the uncompleted panion ofthe goods unfair work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which art me Sellers standard sack. No such tmnirmion shall have the Purchaer or the Sella of any oftheir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or lamination is noticed. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods said hereunder shall have been produced, sold, delivered and fumishad in strict omplimes with all applicable has and regulations to which de good are subject The Sella shall execute and deliver Such documents se may be requital to effect or evidence compliance. All laws and regulations squired a be incorporated in agreements of this character are hereby incorporated herein by this citation. The Sella agrees to indemnify and hold the Purchases harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pray shall sign, transfer, or convey mist order, or any monies due or to become due hereunder without fie prior women comer afore omen party. 10. TITLE. The Sella warrants full, clear and unrestricted title to the Purchaser for all quipmenq materials, and items furbished in performance of this agreement, free and clear of any and all liens, restrictions, reservatiars, security interest mcumbarams and claims of others. 11. NON WAIVER. Failure of the Purchaser to insist upon sirlcl performance of the tears and conditions hereof, failure or delay In asercias any rights or remedies provided herein or by law, failure to promptly notify the Sella in me event of a breach the acceptance ofor payment for gad hereunder or approval ofthe design, shall not release me Sella of any of the wamentia m obligations of this purchase offer and shall sat be deemed is waiver of any right of the purchaser a insist upon strict peffommmce hereofor any of its rights or manages as to any such fonds, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purposed oral crash ficulam or rescission of this purchase order by the Purchaser opeam as a waiver of any of the teats hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser aerogdze that in actual economic practice, overcharges resulting tam antitrust violations are in fact home by the Purchaser. Theaft far, forgoodattw and ses consideration for executing this purchase offer, the Seller hereby assigns to me Purchaser my and all claims it may now have or hereafter acquired under federal or sate an ante. laws for such overcharges elating to the particular good or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGAI'IONS. If the Purchaser directs the Seller to correct nonconforming or defective gads by a date to be agreed upon by the Purchaser and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchases may some the work to be performed by the most expeditious means available to it, and the Seller shau pay all casts associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting fmm the performance ofsuch work. This release shall apply even in the evens of fault of negligence at he pan, released and shall extend to the directors, .Yeas and employers ofsuch Party. The S,II&s conamamil obligations, including wmraiV, shall mat be deemed to be reduced, in my way, because such work is performed or caused to be afomted by the Purchaser. 14. PATENTS. 3Vlretever the Seller is rewired to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser tram any and all claims for infringement by yawn of the use of such patented design, device, material or process 1st connection with the contract, and shall indemnify the Puaharer for any cost, expense or damage which it may be, obliged to pay by reason of such infringement at my time during the prosecution or after the simpler. of the work. In eau said apartment, or my Pan thereof of the Intended use of the goods, is in such suit held to mnstimte Infringement and the use of said equipment or pan is enjoined, the Seller shall, at its awn expense and at its option, either procure for the Purchaser the right to continue using said apartment at, pans, replace the same with substantially qual but noninl'ringing quip imnt, or modify it so it becomes noninfriaging. 15. INSOLVENCY. If the Seller shall became insolvent or bankrvp . make m assignment for the benefit of rrediumu appoint is mmiroa or trustee for any of the Sellers property or business, this Via may breadth be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of most used ofthe interpretation afthe agreement sad the rights ofall panics hereunder shall be anstmcd under and gavemed by the laws of me Sam ofColomdo, USA. The following Additional Conditions apply only in evess where the Seller is to perform work hereunder, including the scniccs ofSellcrs Reprewnativa(s), on the premises ofachers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until fie same is fully completed and accepted, and shall, in e of any accident, destruction or injury to the work major materials before Sellers final completion and acceptance, complete the work in Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are fumishad by others for installation or a erian by the Seller, the Seller shall receive, unload, store and handle same at me site and become responsible therefor sas though such materials and/or egaipmert Wert being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, miil or to their dependents in accordance with the laws of the sate in which the work is to he done. The Seller shall also carry comprehensive fenced liability including, but not limited m, rontactual and automobile public liability insurance with archly injury and death limits of at least 5300,000 for any one person, 5500,000 for any ce occident and pam papery damage limit per accident of S400,000. The Seller shalikise ll ewrequire his ontractors, if my, to provide fur such ampatvtion and insurance. Before any of me Sellers or his Contractors employees shall do my work upon the premises of ofam me Serer shall famish the Purchaser with a cenifiare that such compensation and insurance have been provided. Such certificates shall specify the data when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees mad such compensation and insurance shall be maintained until after der entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the ruff¢ responsibility and liability far my and all damage, loss m injury of my kind or mature whatsoever to persons or property caused by or resulting from the execution offe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamtless the Purchaser and any r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser, may he put at, subject by reason of any act, action, neglect, omission or defult on me part of the Sella, my of his contractors, or any of the Sellers or contracmn officers, soma or employers. In case any suit or other proceedings shall he brought againsd me Purchaer, or its oficas, agents or employees ar my lime on account err by yawn of any act action, neglect omission or default of the Sella of my of his contractors or my of its or their othcat. agents or employees as aforesaid, me Seller hereby agrees a assume me &it. thereof and to defend the same in the Sellers own expense, to pay any and all cost, charges, atiomeys fees and after expenses, any and all judgments that may be trimmed by or obtained against the Purchaer or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Pwchasa, or said parties in or s a result of smh suit, or other proceedings, me Seller will at once coma, the same to be dissolved and discharged by grving bond or otherwise. The Sella and his contractors shall take all safety pmvmtiam, f ish and iruall all gumds nanesary for the pm'erition of accidents, comply with all laws and regulations whit regard m safety including, but without limitation, the Occupxtioml Safety and Healf Act of 1970 and all miles and regulations issued pursctor merest. Revised Wa014