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HomeMy WebLinkAbout103941 CITY OF FORT COLLINS MISCELLANEOUS - PURCHASE ORDER - 9146313PO PURCHASE ORDER 914631er Page C117/ of PURCHASE 9146313 1 of z ' `t Collins I I ns This number must appear V " on all invoices, packing sli s and labels. Date: 10/28/2014 Vendor: 103941 CITY OF FORT COLLINS MISCELLANEOUS ** CIS ** Ship To: ENGINEERING DIVISION CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS CO 80521 Delivery Date: 10/28/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price KectherTimberline Intersection 1 LOT LS Invoice #65819 Pavement markings, barricades & signs. 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 6,261.54 1.54 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tenns and Conditions Page 2 of 2 L COMMERCW,DETAILS. Tax C-comma. By statule the City of Fort Collins is exempt from spite and local tnxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise I as Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon stria performance of the terms and conditions hereof, failure or delay in Internal Revenue, Denver, Colorado (Ref. Colomdu Revised Statutes 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 breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected, GOODS REJECTED due m failure to meet specifications, either whco shipped of due in defaces of any of the warranties or obligations of this purchase order and shall rot be deemed a waiver of any right of the damage in commit, may be returned to you for credit and am not to be replaced except upon receipt of written purchaer to insist upon strict performance hereofor any of its rights or eemdies ns to any such goods, regardless instructions Gam the City of Fan Collins. of when shipped, received or accepted, as to any Mot or subsequent default hereunder, we shall any pueponcd oal moth fialwar or rescission of this p whaw, order by the Purchnser opmdte u a waiver of any of the turns Inspection. GOODS are subject to the City of Fort Collins inspection on contend. hence[ Final Acceptance. Receipt of the merchandise, servicup w equipment or enponse to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on for pan of the City of Fiat Collins. However, it is in be understood that FINAL Seller and the Purchaser recognize that in actual tt is practice, o emhvgn ursuthe, from antitruvt ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, tfor tgood cause and as consideration for executing his purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments ntmt be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antifirm laws for such overcharges modeling to the particular goods or services otherwise specified oa this order. If permission is given to prepay freight and charge separately, fe odgial freight purchased or acquired by the Purchaser purs panto this purchsse order. bill most accompany invoice. Additioal charges for packing will not be accepted. Shipment Distance. When manufacturers have distributing Points in vmicus pans of the country, shipment is expected fmm the newest distribution point In destination, ad excess freight will be, deducted! from Invoice when shipments so, made fiver greater distance. Pemtita Seller shall Mx um at sellers sole cost all necessary permits, occurrences end licenses required by ell applicable laws, regi lationa, ordinances and tales ofthe smte, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vender. Seller Miller agrees to held the City of Fort Collins homeless from and against all liability and loss incurred by rem by reason ulan maimed or established violmim of any such laws, regulations, mdnences, pules and requirements. Authorization All parries to this contract agree Oat me representatives art, in fact, form f& and possess full and complete authority to bind said panics. LIMITATION OF TERMS, This Purchase GrAw expressly limits acceptant« to the moms and wndinom stated herein set foM and my supplementary or additional terra and conditions annexed hereto or incorporated herein by reference. Any additional or different towns and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. ]'].EASE ADVISE PURCI IASING 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 must be effected within the time styled on the purchase order and the documents attached harem. No acts a the Parthenon, including, without limitation, acceptance affronts) lam deliveries, shall operate ses a waiver of this provision. In the event fany delay, the Pumhaver shall have, in addition to other legal and tyuiuble eemdies, the option of placing this offer elsewhere and holding the Seller liable for damage However, the Seller shall cot be liable far damages av areal, of delays Joe in causes not eeasmably interminable which art beyond its rtasowble rontml ad without its fault ofnegligenee, such acs of God, acts ofeivil or military ambirmies, governmental priorities, fires, strikes, food, epidemrries, wars or riots provided Oust notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller fist received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal in the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all gads, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples wagon other deseriphom given, will b, fit for the purposes landed, and fMmmd with the highest degree of care and competeae in eccordanre with woepcd spitdard for work of a similes nature. The Seller spurn m hold the Purchaser hamless from any loss, damage or expose which the Purchaser may submit or incur on account of fe Sellers breach of want W. The Seller shall replace, repair or make god, wihout cost to the purchaser, any defects or halts causing within one (1) year or within such longer period of time as may be prescribed by law or by the acts ofany applicable wamnry provided by the Seller after the date of acceptance of the good famished heremder (acceptance not to be commendably delayed), resulting fiom imp roman or defective work done or materials fmished by the Seller. Acceptance or use of good by the Purchaser shall not onaiture a waiver of any claim under this uncanny. Except as otherwise provided in this purchase order, the Sellers het it try hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties m guamntem, but such liability shall in no event include loss of profits err loss of use NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make change to legal isms by women change order. S. CHANGES IN COMMERCIAL TERMS. The Purchases may make any changes to due terms, other than legal terms, including additina to or deletions from the quantities originally warned in the specifications of drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, as equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at wy time by women change under, mespoam this agree eat a m any o all portions of the goods then not shipped, subject to any equitable adjustment between the panic ca to any work or materials then in progress pervaded that the Purchaser shall not be liable for any claims for onticipmeA profits on the unmmplmed Portion of rate goods anger work, for incidental or consequential damages, vd that no such Mjasterem be made in favor of the Seller with roister to any gods which are the Sellers mounted stack. No such nomination shall relieve the Purchoser or the Seller ofany of feir obligations as no any good delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assented within fin, (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller minutes Oust all goads sold hereunder shall have been produced, sold, delivered and fumisl d in strict compliance calf all applicable laws and regulations to which the goods art subject. The Seller shall execute zed deliver such documents ex may be required to effect an evidence compliance. All lows and regulations required to b, ncnryomtd in agreements of this character ve hereby incorpommd herein by this refetaam. The Seller agree to indemnify and hold the Purchaser hmmless fmm all urns and damages suffered by the Purchaser as a result of the Sellers failere to comply with such law. 9. ASSIGNMENT. Neither party shall assign, tmnsfeq of convey thus order, or any monies due or to become due hereunder wlfout the prior wdnm consort ofthe other party. 10. TITLE. The Seller wamats full, clam and unrestricted file we the Purchaser fur ell equipment, rate icia, and it. fumisW in performance of this s spenen4 film and clear of my and all lien, restrictions, newspapers. security interest encumnbrwces cod claims mr tMrs. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If be Purchase( directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the Purchaser, and the Seller, and the Seller thereafter indiewits its inability or unwillingness to comply, the Purchsser may claw the work to be performed by the mast expeditious means available to it, and the Seller shall pay all costs asswiaed with such work. The Seller shall release the Purchaser and its wocraclors of any tin from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, mfi,cm and employees fsuch parry. The Sellers commercial obligations, including warranty, shall not be, demand to be, noticed, in any way, because such work is performed or caused to b, performed by firm Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or prmess covered by lever, pment. trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims far infringement by person of the use of such patented design, device, material or process in connection with the commit, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case aid equipment, or any pan thereof or the intended use of the good, is in such suit held to constitute infringement and the use of said equipment or pan is cnjoiad, the Seller shall, at its own expense and at its option, either procure for the Purchsser the right to continue using said equipment or pans, replace the same with substantially equal but mwninGnging equipment. m modify it son it becomes nonlffibbi rig. 15. INSOLVENCY. If the Seller shall become insolvent or innocent, make an assignment for the benefit of creditors, afford, a receiver or trustee for any of the Sellers property, or business, this order may forthwith be canceled by the Purchaser without liability. in. GOVERNING LAW. The definitions afternoon used or the interpretation ofthe agreement and the rights of all patios hereunder shall be combined under and governed by the laws ofthe Spite of Colomdo, USA. The following Additional Conditions apply only in causes where the Seller is to perform work hereunder, incuding the services m5ellers Represearemoe(s), ran dm prtmisn of w1ri IJ. SELLERS RESPONSIBILITY. The Seller shall carry an said work at Sellers own risk until the same is rally completed and accepted, and shall, in e of any accident, destruction or injury to Jose work vigor materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchase, When materials and equipment are fumishN by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though each materials angor equipment were being famished by the Seller miner the order. IS. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compcescuu n, including occupaloal disease Benelux, to its employee employed on or in connection with the weak covered by fis purchase order, and'or m their dependents in accordance with the lases of the shire in which the work is to her done. The Seiler shall also carry comprehensive general liability including, but not limited to, contmttual and automobile public liability insumncc with Wdily injury and deaf limiu of at least E300,0W for any one Persmr. E500,000 for any caaccident and propeny damage limn, per accident of $400,000. The Seller shall likewise quire his mmemrs, if any, m provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall fiunish the Purchsser with a certificate that such compe impon and insurance have been provided. Such certificates shall specify the date when such compensation led insurance have been provided. Such certificate shall specify the date when such rompmsatiw ad insunmce expires. The Seller agree that such oomfensmim aM insurance such be mainpiind it after 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, Iasi or injury ofany kind or wren whatsoever no persons or property caused by or resulting from rise execution of the work pmvided for in this purchem order of in connection herewith. The Seller will indemnify and hold hamless the Purchaser and any r all a the Purchesen ulcers, agents and employees fmm and spatial my and all claims, lasses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Nmhwm may be put or subject by reason of my act, action, neglect, omission or default on he part of the Seller, any of his contractors, or any of the Seller, or commtfrs officers, agents or employees. In case any suit or other proceedings shall lu brought against the Purchaser, or its officers, agents or employees at any time on azrowt or by reason of my act, action, neglM, omission or default of the Seller of my of his compactors or any of its m their officers, agents on employees ss aforesaid, the Seller hereby agrees to assume the defense thereof stand an defend the same at the Sellers own expense, to pay any and all mats, charges, attorneys fees and other expenses. any and ell judgments fat may be incurred by w obtained against the Purchaser of any of its err their milimm, agents or employees in such suits or other proceedings, and in caw judgment m other lien be placed upon or obtained against the property ofthe Purchaser, or said parties in or as a result ofsuch suits or after proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, fmish and install all goad ne man, for the prevention of accidents, comply with ail laws and regladnos with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all min and regulations issued pursuant diemo. Revhed (IM014