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HomeMy WebLinkAbout103941 CITY OF FORT COLLINS MISCELLANEOUS - PURCHASE ORDER - 9143152Fort Collins Date: 09/18/2014 PURCHASE ORDER Vendor: 103941 CITY OF FORT COLLINS MISCELLANEOUS .. cis.. PO Number Page 9143152 1.12 This number must appear on all invoices, packing slips and labels. Ship To: ENGINEERING DEPT-MASON CITY OF FORT COLLINS 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 2 Wayfnding/miscsignage 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.wnn 1 LOT EA 1,875.26 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. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from suite and local nixes. Our Exemption Number is I L NONWAIVER. 98-04502. Federal Excise Tox Exemption Certificate of Registry 84-6000587 is registered with the Collector of Prime of the Purchaser in insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statures 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a branch, the acceptance ofor payment for giants hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due w failure to race spedfiewman. either when shipped or due in def ts of any of the wamonties or obligations of this purchase order and shall not he deemed a waiver of any eight of the damage in wer sit, may he mounted in you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strain performance hereafter any affix rights or remedies us to any such goods, regardless instrclions from the City of ion Call. of when shipped, received or accepted, n to any prior or subsequent default hereunder, nor shall ray purposed am] ma lifcation car rescission of this purchase order by the Purchaser operate n a waiver of any of the teem Impaction. GOODS. subject to the Ciry effort Collin inpection on arrival. hereof. Final Acceptance. Receipt of the mefchandue, waximic or equipment in response to this order an result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fan Collins. However, n is to be understood that FINAL Seller and the Purchaser recognize that in actual re is practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of A l applicable rem acquired inspection procedures. violations are in fact hoe by the Purchaer.Theretofore, nfotr good cauw and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most he F'.O.B., City of Fan Collins, End Wood Sr, Fort Collins, CO 80522, unless otherwise specified on this order. if permiaion is given to prepay freight and charge separately, the original freight bill mot accompany invoice. Additional charges for packing will rot he accepted. Shipment Distance. Where manufacturers have distributing paint; in varims pans of the country, shipment is expected fiom the nearest distribution point to destination, and excess freight will he deducted from Invoice when shipments are made from greater distance. I'mmis. Seller shall procure at sellers sale cast all necessary permits, cenifienres and licenses required by all applicable laws, rag dwime, oldinnces and odes of the state, municipality, billion, or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of varWor. Seller fanner agrees to hold the City of Pon Collins, harmless farm and against all liability and lass incurred by them by rezwn of n aswned or established violation of any such lases. regulation, ordinances, rates and wountents. Authorization All panics to this contract agree that the representatives we, in fact, Man fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS, This Purchase Older expressly limits acceptance to the terms and conditions stated herein at forth and any supplementary or additional terns 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 if you cannot make complete shipraw nr to arrive on your promised delivery date as noted. Time is of the essence. Delmar, and performance mot be effected wife the new stated on the purchase order and the documents attached home. No acts of the Purchasers including, without limitation, acceptance ofparrial late deliveries, shall operate in a waiver of this provision. In the event army May, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable fir damages. However, the Seller shall nor be liable far damages to a result of delays two to causes not masumbly foreseeable which arc beyond its reasonable control and without its fault of negligence, such acts of God, act of civil or military authorities, governmental prienlies, fires, strikes, flood, epidemics, wars or nuts provided that notice of fe candidates causing such delay is given to the Purchaser within five (5) days of the time when the Seller fast received knowledge thereof. In me near of any such delay, the date effectively shall be ceramist far me period equal to me time actually lost by reason offer delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials end wart covered by this order will conform with applicable drawings, specifications, samples nNor other descriptions given, will be fit for the putposes intended, and performed with the highest degree of care and competence in wroldance with accepted standards for work of a similar aware. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purcbler, may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year of within such longer prod of rime as may be prescribed by law or by the if. of any applicable wamnty provided by the Seller alter the dam of acceptance of the goods famished hereunder (nttprart nor w be nmeamnbly delayed), resulting from imperfect or defective weak done or noeriab f Island by the Seller. Acceptance or use of goods by the Pu¢huer stall not constitute a waiver of any claim under this warranty. Euep, as otherwise provided in this purchase all 'he Sellers limit iry hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wanannes or guarantees, but such liability shall in no event include Ins i fpronts or loss of use. NO IMPLIED WARRANTY OR MERCHANTAD I CITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by wren change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal rem¢, including additions to or deletions (man the quantities onginally ordered in the specifications or drawings, by verbal or wren change older. If any such change atfeds the amount due or the time of perforoznce hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. 'the 1-t rchasw may at Day time by written change order, ¢mown¢ this :,,all em ea a any or all porion of the Recall then not shipped, subject to any equitable adjustment between the panes as to any work or materials then in progress provided that the purchaser shall not be liable for any claims for anticipated profits on the uncompleted Jamaica of the goods aokor wok, for incidental or consequential damages, and that no such adjustment be name in favor of the Seller with expect to any goads which art the Sellers standard stork. No such w.tin shall relieve the Purchaser or the Seller ofny of their obligation in to any good delivered hereundef. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within turry (Jo) days tram the date the change or mtmination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, said, delivered and famished in strict compliance with all applicable laws and regulation to which me good art subject The Seller shall execute and deliver such documents as may be required to effect or evidenre compliance. All laws aM regulation required to be incorporated in agreements of dos character are hereby incorporated herein by this refl.. The Seller agrtn an indemnify and held the Purchaser harmless from all costs and damages suffered by me Purchaser as is result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, tonfe, or convey this other, or any monies due or to become due hereunder without the Prior written consent of the other parry. IO.TITLE. The Seller wirers full, at. and umeslcted tide to IS, Purchaser for all equipment, materials, and items famished in perfomame of this agreement fee red clear of my aM all lien, eesmniin s, teservadons, sass ty homes, encumbeancn card claims ofotbers. acquired under federal or state nriwst laws for such overcharges relating to the particular goods or services purchased or acquired "a, Purchaser pursuant to this purehase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser direcs the Seiler to former nonconforming err defecive goods by a dale in be agreed upon by the Purchaser and the Seller, and the Seiler thereafter indicates its inability or unwillingness on comply, the Purchncr may cause the work to be performed by the most expeditious mean available to it, and the Seller shall pay all .,is 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 from the performance ofsuch work. This release shall apply even in the event of fault of negligent of the piny released and shall extend an the directors, officers and employees ofsuch parry. The settees couracmal obligations, including waranty, shall not be deemed to be reduced, in any way, became such work is performed or caused to be perfumed 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 reason of the me of such premed design, device, material or process in connection with the comrdet and shall indemnify the Purchaser for any cost expense or damage which it may be obliged to pay by reason of such infringement w any time it., the p.wirn our after the ctemplerion tether wmit In case said equipment, or any pan thereof or the intended use of the gaud, is in such soil hid to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment or modify it so it becomes noninfrging. 15. MSOLVENCY. If the Seller shall become insolvent or band rapt make n assignment for the benefit of creditors, appoint a receiver or all for any of the Sellers property or business, this order may foefivith he cmrceled by the Purchsser without liability. 16. GOVERNING JAW. The definitions ofterms used or me interpmtation of fe agreement and the rights ofall'juries hereunder shall be contused under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represenllive(s), tea me premises of.thers. IT. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Stilefs now risk aril the same u fully completed and accepted, and shall, in case of any accident, destruction or injury to the work will materials bet Sellers firal completion and acceptance, complete me work i t Sellers own expense and an the satisfaction of die Pmebsest When enterials and equipment am fumahed by others far installation or comfort by the Seller, the Seller shall receive, unlasd, store and handle same at the site and become removable therefor n though such matmab maker equipment were being famished by Use Seller under the older. I I. INSURANCE. The Seller stall. in his awn expense, provide for the payment of workers compemmion, including occupational disease benefits, to its employees employed on or in transaction with Be work covered by this purchase older, coal to their dapendena in wv-1-ea with the laws of the suite in which the work u to be done. The Seller shall ale carry comprehensive geoenl liability including, but not limited to, covrracnal and automobile public liability imunmce with testily injury tract deaf limits of ar least SJOia" for any one person. S500,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his if any, to provide for such compensation and ansawasence. Before any of the Sellers or his employees shall do any work upon the premises of others, the Seller shall famish the Purchases with a certificate that such compensation and insurance have been provided. Such ceniticmaa shall specify the date when such compensation and insurance have been provided. Such certificates shal I specify the data when such compensation arch announce expires. The Seller agrees that such temperament and insurance shall be =trim reed unlit after me entire weh is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby sssumes me entire responsibility sod liability for any and all damage, loss ce injury of any knead r rumors, wheraoever in persom or property caused by or resulting Tram the execution of me work provided for in this purchase order or in nnemion herewith. The Seller will indemnify rand hold harmless the Purchaser and any cr all of the Purchasers officers, agents and a mployees from and against any and all claims, losses, damages, harges or expenses, whether direct or indiml, and whether to persons or pmpaty to which the Purchaser may be pot or subject by reason of any act nation, neglect, omission or default on the pit of the Seller, any offers contractors, or any of the Sellers or contractors officers, agents or empbylos In case any suit or other proceedings shall he bought against the purchaser, or its officem. agents or employees at any lime on account or by reason of any act, action, neglect, omission or default of me Seller of any of his contractors or any of its or their oRcars, agens or employees ss aforenid, the Seller herby agrees in assume the defense thereof and to defend the same at fc Sellers we expense, to pay any and all toss, charges, ermmays f and Will, expenses, arty and all judgments than may he incurred by in obtained again the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in caw judgment or other tin be placed upon or obtained again,, the property of me Purchaser, or said parties in or as a msull of such suits or lifer proceedings, the Seller will at once cause be same to be dissolved and discharged by giving band or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guard necessary for the prevention of tridents, comply with all laws and regular.. wif regard to safety including, bar without Um bria , 6e Occupational Safety and Health Act of 1970 and all rates and regulation issued pursunt facto. Revised 0712014