HomeMy WebLinkAbout107883 3M COMPANY TRAFFIC CONTROL MATERIAL - PURCHASE ORDER - 3214216 (2)PO
PURCHASE ORDER 321421er Page
CI�/ of PURCHASE
3214216 t of 2
' `t( OI I Ins This number must appear
{� �•I " on all invoices, packing
sli s and labels.
Date: 08/20/2014
Vendor: 107883 Ship To:
TRAFFIC OPERATIONS
3M COMPANY TRAFFIC CONTROL MATERIAL
CITY OF FORT COLLINS
BLDG 225-3A SOUTH 08
626 LINDEN STREET
GENERAL OFFICE / 3M CENTER
FORT COLLINS CO 80524
MAPLEWOOD MN 55144-1000
Delivery Date: 01/06/2014 Buyer: JOHN STEPHEN
Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS
AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR.
DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE
TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES.
Line Description Quantity UOM Unit Price Extended
Ordered Price
2 Addendum to Annual PO 1 LOT LS 25,000.00
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.mm
Total
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
L COMMERCIAL DETAILS.
Tax exemption. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
98-04502. Faleral Excise Tax Exemption Certificate of Registry 84 6000587 is registered with the Collector of
Inmmal Revenue, Denver, Colorado (Ref. Colorado Revised Somtes 1973, Chatter 39-26, 114 RL
Goods Rejected. GOODS REJECTED due in failure m meet speci ficatieos, either when shipped or due to defects of
damage in transit, may be retuned to you for credit and ate not to be replaced except upon receipt of women
instructions from the City of Fon Collins.
Inspection. GOODS ate subject to the City ofFort Collins inspection on arrival.
Final Acceptance. Receipt of the merchandise, se or equipment in response as this oNer can result in
authorized payment on the pan of the City of To. Collins. Hoverer, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures.
Freight Terms. Shipments must be F.O.B., City of Fain Collins, 900 Wood St., Fon Collins, CO 80522. ..It.
otherwise specified on this order. If,amanission is given to prepay freight and charge separately the original freight
bill must werampany invoice. Additional charges far packing will not be accepted.
Shipment Distance. Where manufacturers have distributing Points in vaice, pans of the country, shipment is
expected from the nearest distribution point to destination, aM excess freight will be Aedumed from Invoice when
ship.... art made from greater distance
Permits. Seller shall pmcurt at sellers sole can all necessary permits, certificates and licenses required by all
applicable laws, negotiations, omirerseas and roles of the state, municipality, mrtitary or political subdivision where
the work is pert enced, or required by any other duly constituted public authority havingjuris liaion over the work
of vendar. Seller house, agrees Ip hold the City of Fort Collins harmless form and against all liability and loss
incurred by them by eeamn of an asserted or established violation of any such laws, regulatiaos, ordinances, mles
and requirements.
Authoritarian. All parties to this commat agree that the cpresentativw are, in fact, bona fide and possess full and
complete authority to bind said parries
LIMITATION OF TERMS. This Purchase Omer expressly limits acceptance to the terms end conditions stated
herein sel ford and any supplementary or additional tenor and condition anmcxed hereto or incorporated herein by
reference. Any addiumarl or difecouterms and conditions proposal by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive via your
pmmisal delivery date os noted. Time is of the assume. Delivery and performance most be elfcemd within the time
,cited Our the purchase Omer and the documents attache! hereto. No acts of the Pantheons including. without
limitation, acceptance i f partial late delhenw, shall operate as a waiver of this provision. In the event army delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elhwherc
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 arc beyond its reasonable control and without its fault of negliguce,
such acts of God, aces of civil or military authorities, govemmuml priorities, fires, strikes, flood, aplian ts. was or
riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof. In the event of any such delay, Ne dam of delivery shall be
extended for the period equal to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller warrants, that all goad, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and
perforated with the highest degree of care and competence in accordance with accepted standard for work of a
similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which she
Purchaser may suffer or incur via account i f she Sellers breach of.rowl, The Seller shall replace, repair Or make
goad, without cost to flue nurchauq any defects or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the terms of any applicable warranty provided by she Seller an,, the date of
acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting front imperfect
or defective work done or materials famished by the Seller. Acceptance or we of goods by the Purchaser shall not
constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sells
liability hereunder shall extend to all damages proximately caused by the breach Of any Of he foregoing wmmmba
Or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANT Y
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser new make any changes to the tents, other than legal terms, melinho, addition le or deletimts from
the gmonff,, cerigindly Ordered in the spmificanimts or drawings, by verbal or written change order. If any such
change affects the amount due or the time of performance hemunder, on equitable adjustment shall be node.
6. TERMINATIONS.
The Purchaser may at any time by written change order, mmenam this agreement as to zany or all portions of the
goods then not shippal, subject m any equitable adjustment between the panics as to any work or materials then in
progress provided that the Purchaser shall nut be liable for any claims for anticipated pmfio on the uncompleted
portion ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any goods which are the Sellers standard stock. No such tmmination shall relieve
the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder.
). CLAIMS FOR ADJUSTMENT.
Any claim for adjustment mast be courted within thirty (30) days from the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller ..is that all good sold hereunder shall have bcen produced, sold, delivered and fumishal in transit
compliance with all applicable laws and regulations to which fie good are subject The Seller shall execute and
deliver such documents as may be, required to effect or evidence compliance. All laws and regulation requited to be
incorporated in agreements of this character are hereby incorporated herein by this mfercntt. The Seller agrees to
indemnify and hold the Purchaser harmless from all casts and damages suffered by the Purchaser n a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party, shall assign, transfer, or wnvey this order, or any monies doe or to become due hereunder without the
prior wnnen consent of the other party.
10. TITLE.
The Seiler wamdms fall, clwr and concentrated tithe to the Purchaser for all equipment, materials, and items f anwhed
in perfmmcame of this agreement free cod clear of any and all liens, restriction, reservations, mount, interest
encumbrances and claims of others.
II. NONWAIVER.
Failure of the Northerner to insist upon stria performance of the terms and conditions hereof, failure or delay to
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach the acceptance ofor payment fro goods hereunder or approval ofthe design, shall not release the Seller of
any of the wmmntice or obligations of this purchase order and shall not be decmal a waiver of cony right of the
Purchaser in insist upon s rict performmce hereof or any of its rights or remedies as to any such goods, regardless
of when shipped, received or accepted, as in any prior or subsequent default hereunder, nor shall any purported
vital modification or rescission of this purchase order by the Purchaser operate w a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, overcharges mulling from antitrust
violations arc in fact home by the Purchaser. Theremfore, fagood cane and as coreai hounion for comming this
purchow We,. the Seller hereby asai,m to the Purchaser any and all claims it may now have or hemarm,
acquired under federal or Vote antitrust laws for such overcharges relating to the particular good or services
purchased or eequiral by the Purolator pmsuaralto Nis purchase, order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs Ne Seller to wrur nonconforming or defective goods by a date or be agreed upon by the
Function, the Seller, and the Seller thereafter indicates is inability or unwillingness to comply, the Purchazer
may cause the work m be performed by the most expeditious means available to it, and the Seller shall pay all
cuts associated with such won.
The Seller shall release the Purchaser and its c achummo of any tier firm all liability and claims of any nature
resulting from the performance clinch work.
This release shall apply even in the even of Raul, of mgligence of the pan, released and shall exceed m the
directors, off cers and employees ofsuch party.
The Sellers comtauual obligations, including warranty, shall or Its, dermed or be, reduced, in arty way, because
such won is performed or caused in b, performed by the Perth ccou
14. PATENTS.
Nfenever the Seller is required to use any design, device. mmerial or process coveee5 by lever, went, naderrark
copyright, the Seller shall indemnify and save harmless the Provisioner
from y and all claimgem s far infrinent
by rcaaoa of the use of such whored design. device, material a, From. in covne m m wif me wntta¢, and
shall indemnify the Purchaser for any cost expense or damage xInch it may be obliged to wY by reason of such
infringement at any time during the pmsttvrion or spur the completion of the work. In aase said equipment, or
any pan thereof or fie Intended me of the goods, is In such suit held to common, infiivgemeal and the we of
and equipment or par is joined, the Seller shall, at its ova, expertise and at its option, either protere for the,
Purchaser the right to continue using said equipment or pans, replace fie same with substantially trend but
noninfringing equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become notation, or backcap, make w assignmet, far rise bmefi, of credimrs, appoint a
receiver trusteeortrustee for any of the Sellers property, or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions Oftemrs used or the intetpremtion ofthe agreement and the rights bfall arriev hereunder shall be
construed under and governed by fe laws affair State of Colorado, USA.
The following Additional Condition apply only in cams where the Seller is to Perform work hereunder,
including the services of Sellers Representatives), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall arty on said work col Sellers own risk until fie same u Billy compleed and accepted, and shall,
in u of any accident, destruction or injury in the work and/or matenak before Sellers final completion and
acceptance, complete the work at Sellers own expene and to the satisfaction of the Purchaser. When materials
and equipment arc famished by others for installation or creation by the Seller, the Seller shall receive, wloed.
store and handle same at the site and become responsible therefor at, though such materials and/or equipment
were being burnished ished by the Seller under the tame.
18. INSURANCE.
The Seller shall, al 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 purchau order,
and/or to their dependents in accordance with the laws of the slate in which me work is an be done. The Sell,,
shall also wiry comprehensive general liability including, but not limited to, contractual and automobile public
liability inuraance with bodily injury and death limits of ar least $300,000 for any one peon, $500000 for my
one accident and property damage limit per accident of $400,000. The Seller shall likewise require his
unu-n rs, if any, m provide for such sea n,wroation and insurance. Before any of the Sellers Or his contractors
employees shall do any work upon, he premises of whirs. he Seller shall furnish the Purchaser with a wrtiliente
that such compensation and insurance have Mn provided. Such certificates shall specify the data when such
compensation and insurance have been provided. Such seer ifiwtw shall specify the date when such compensation
and insurance expires. The Seller ayees that such compensation cod insurance shall be maintained ..,it onto the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind
or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided farm
this purchau Omer or in connection herewith. The Seller will indemnify BM hold hcamlws the Purchaser and any
cr all of the Purchasers onibms, agents and employees from and again, any avd all claims, loses, damages,
harges or expenses, whether direct or indirect, card whether to persons or property to which the Purchaser may
be put or subject by croon of any act, action, neglect. omission or default on the pan of the Seller, my of his
contractor, or any of the Sellers or contractors ofticrrs, agents or employees. In case, any suit or other
proceedings shall be brought against me Purchaser, or its officers, agents or employees at any time on acccom or
by reason of any act, 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, the Seller hereby agrees to asswne the defense thereof and to
defend the same at the Sellers own expense, to pay any and all costs, charges, allomep fees and other expenses,
any and all judgmua that nay be incurred by or obtained against the Purchaser or any of its Or their effects,
agents or employees in such suitu or other Proceedings, aM in case judgment or office lien IN placed upon or
obtained against the properly of the Purchaser, or said parsiw in or as a result ofsuch suits or other proceedings,
the Seller will at once cause the same to be dissolved and dischargM by giving hood or otherwise. The Seller and
his contractors shall take all safety precautions, famish will Moult all gwrd wearceary for the prevention of
accidents, comply with all laws and regulations vied regard to safety including, but without limitation, the
Occuwtiawl Safety and Health Act of 1970 and all tutus cod regulation issued p.. thereto.
Revised 07n014