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HomeMy WebLinkAbout527230 SIGNARAMA FORT COLLINS - PURCHASE ORDER - 9146874PO PURCHASE ORDER 914687er Page rClt)/ of PURCHASE 9146874 t of z ' `t Collins Ins This number must appear ` v ` �7 on all invoices, packing sli s and labels. Date: 1112412014 Vendor: 527230 SIGNARAMA FORT COLLINS 1600 E MULBERRY ST UNIT 1 FORT COLLINS CO 80524 Ship To: RECREATION DIVISION CITY OF FORT COLLINS 215 N MASON FORT COLLINS CO 80521 Delivery Date: 11/24/2014 Buyer: WILSON, JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price t signs for FCSC Invoice #28039 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@fogov.00m 1 LOT LS 2,393.85 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 statute the City of Fort Collins u exempt from sure and local Lees. Our Exemption Number is 11. NONWAIVER. 98-045UL Fdeal Excise Tax Exemption Certificate of Registry 84b0n0582 is milistesM with the Collector Of Failure of the Pumhaxr to insist upon strict performance of the terms and considers heoloL failure or delay to i.e.] Revenue, Deaver, Colorado (Ref. Colorado Revised Stazuto 1993. Chapter 39-26.114 (a). exercise my rights or media Provided herein or by Law, failure to promptly entify the Seller in the event of a breach, tM acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected, GOODS REJECTED due to failure to most specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase Order and shall no be deamd a waiver of my right of the damage in transit, may be resumed to you far credit and arc it., to be replaced except upon maripl of wrinen purrhaser to insist upon strict performance heredfor any of its sights or remedies as to my such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall my purpaned col modification or rescission of this purchase order by the Purchaser operate as a waiver of my of de terms Indication. GOODS art subject to the City of Fort Collins inspection on arrival. hereof. Final Adecloanee. Receipt of the machsndise, seen or equipment in mpomc to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. caricatured payment on the pan of ate City of Fort Collins. However, it is to be undersmd that FINAL Seller and she Purchaser recognize that in mWe] a is pmctiao¢ , ehan w, resulting from anif., ACCEPTANCE is dependentupon completion obiallapplicabquire le red inspection procedures. violations are in fact home by the Purchaser, Theretofore, good came and as consideration for executing this purchase coal, the Seller hereby assigns W the Purehaser any and all claims it may now have or hereafter Freight Tense:. Shipments must be F.O.B., City of For, Collins, 700 Wood SL, Fall Collins, CO 80522, unless acquired mode ideal or stare an tanout fwa for such overcharge mining to the particular goods or services otherwise sped Red on this order. If permission is &ilea to prepay freight and charge separately, the ongiwl freight purchased car acquired by the Purchaser pursuant to this putchau ordn. bill must acmmoanv invoice. Additional charges far mckiag will not be accented. Shipment Distance. Where mmufirturers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will he, deducted from Invoice when shipments are made fin. gutter distance. Permit. Seller shall procure an sellers sole cost Al necessary pemrits, cerd(mtes and licenses mr,mod by all applicable laws, regulations, ordinances and roles ardor state, municipality, temtory or political subdivision where the work is performed, or required by my other duly constituted public authorry having jurisdiction over the work of vendor. Seller further agates to hold the City of Fort Collins hatmless from and against all liability and loss incurred by them by reason of an assured Or established violation of any such laws, regal at ions, ordinances, roles and requirements. Authoritarian All putties to this contract agree that doe rePrtsenusts- are, in fact, born fide and possess bill and complete authority W bird said ponies. LIMITATION OF TERMS. This Purchase Order expressly limit acceptance to the mains and conditions stared herein set forth and any supplementary, or additional mans and conditions annexed hereto or incorporated herein by reference. Any additional or different rams and condur... ... poand by sells.,a objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complere shipment to mrive An your promised delivery data as noted. Time is of the essence. Delivery and performance must he effected within the time stated on the purchase order and the documents ataclso hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operale as n waiver of this provision. In the mint ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable fir damages as a rook of delays due to rumors not reasonably fmeseeable which ere beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil of military authomies, govemmenul pncrities, fins, stokes. Bond, epidemics, ears or not 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 ate event of any such delay, the date of delivery shall be, extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller waamt that all goods, vticlas, materials and work covered by this not will conform with applicable dawings, specifications, samples and/or other descriptions given, will be, bi for the pommy intended, and pew rated with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser hamtless from any loss, damage or expense which the Purchase may suffer or incur oa uca. of the Sellers breach of warfmry. The Seller shall repose, repair or rake good, without cast to the purchase, my defers or faults grain, within one (I) Year or within such longer period of time we may W prescribed by law or by the terns of any applicable warranty Provided by the Sella aRer the date of acceptance of the goods Provided forestaller (aceeptmre rot to be, unreawmbly delayed), resulting from imperfect or detective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except m otherwise provided in this purchase order, ate Sellers liabil try hereunder shall extend to ell damages pmxinately caused by the breach of any of the foregoing warranties or guaamees, but such liability shall in no event include loss of profits or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by wrinm change order 5. CHANGES IN COMMERCIAL TERMS. The purchaser may make any changes to the terms, other than legal terms, including morrow W or deletions from ate quantities originally ordered in the specifications or drawings, by vactal or written change order. If my such change article, ri se amount due or the time of Mfommm hereurMa, an equitable mimtment shall be made. 6. TERMINATIONS. The Purchase, may at any time by written sludge order, terminate this aluminum as to any or all poriom of the goads then not shipped, subject to my equitable adjusmet between the panic as to any work or materials then in progress provided that the Purchaser shall not be, liable for my claims for anticipated profit on the uncompleted portion of the grads am/ar work, for incidental or consequential damages, and dot no such mjmtmmo be made in favor of the Seller with respect to any good which art the Sellers standard .it. No such arandation shall relieves the Purchases or the Sellai story of their obligations as to my good delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or tearommor is ooad. 8. COMPLIANCE WITH LAW. The Seller warri Nat all good sold loorma er shell have been produced, sold, delivered ad frmishd in sane, compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such document as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this chmneter art hourly immigrated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all cast and damages suRaed by the Putcham as e result of the Sellers failure m comply with such law. 9. ASSIGNMENT. Neither pony shall assign transfer, or convey this order, or tiny monies due or to become due hereunder without the prior written consent of the other parry. 10, TITLE. The Sella werdnt bill, clew and wresdistd title W fie Punhaset far all equipnem, materials, and items bimished in performance of this agreement, Sam and clear of any and ell lien, mandlims, rtsery ,,am, sccunty interest magnificence, and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Pumhaur and the Scller, and the Sella thereafter indicates its inability or unwillingness to comply. the Purchaser may muse the work to be, performed by the most expeditions means available W it, and the Seller shall pay all costs associmal with such work. The Seller shall release the Purchaser said it corrmactors of my tie, from all liability and claims of any nature resulting from the performance ofsuch work. Phis release shall apply even in the event of fault of negligence of the party released and shall extend to the direction, officers and employees ofsuch parry. The Sellers contractual ablipfiimss, including waranty, shall Out be decimal to be rducN, in any way, because such work is performed or camd in be parfonmed by Inc Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process declared by letter, part trademark copyright, the Seller shall indemnify and save harmless the Purchase Gom any am all claims far mfinti rnrcnt by ream of the use of such patented design, device, material or process in connection with the wntac,. and shall indemnify the Purchaser for any cost, expense or damage which it may Ed obliged to pay by reason of such impingement at my time during the prosecution or aka the completion of the work. In eau said equipment. or any pan thereof or the intended use of the Ronda, is in such suit held to constitute midsummer and the use of said equipment or an is a joind, 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 mninpinging equipment, or modify it so it bacoma scrimmaging. 15. INSOLVENCY. If he Sella shall become insolvent or bankrupt, make an oslgmoem for the bareN of credimrs, appoint a trusme for any of the Sellers property ar business, this ooer may forthwith be cancelled by the Purchemer without liability. 16. GOVERNING LAW. Tin, defifiricas ofee. used or Re interpolation of the agreement and the right of dl ponies hereunder shall be coasaud coda and governed by she Iowa ofac State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is W perform work hereunder, including the services of Sellers Reprceadmillb), on the premises mothers. 17. SELLERS RESPONSIBILITY. The Seller shall cony on said work at Sellers own tick until the same is fully completed lam momtd, and shall, in case of any accident, destruction or injury to the work mum monarch before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the PmchauL When materials and equipment .,a famished by others for installation or erection by the Sella, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as tough such nationals -War equipment were being famished by the Sella under the cola. 18. INSURANCE The Sella shall, at his own expense, provide fro the payment of wmkas compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the suite in which the work is to be done. The Seller shall also catty comprehensive general liability including, but not limited to, contractual am automobile public liability insurance with bodily injury and death limits of a1 least S300,OP0 for my one prison, 5500,000 for any accident and Pmpedy damage limit per acciden, of Sr(all". The Sella shall likewise require his contractors, ii ny, W provide for such compensation and imuance. Before any of the Sellers or bid contractors employees shall do my work upon the premiss trotters. the Sella shall f isb the Purchaser with a candidate that such compenssamn and insurance have been provided. Such cenificams shall specify ate date when such compensation and insurance have been provided. Such dar ificata shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall has maim lined unm net the mount 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 fany kind or nature whatoever to persons or property caused by or resulting from the execution ofthe work provided far in this purcbase order or in contrarian herewith. The Seller will indemnify and hold harmless the Purchaser and my r all of the Putchasas officers, agents and employees from and against any am all claims, losses, damages, changes or expenses, whether direr or indirect ad whether b pavans or pmpe,ty m which the Purchase may Is, put or mbjar by lesson of my car, no., ra hod r, omission Or default on the pan of the Sella, any of has communist, or my of the Seller, or contractors officers, agents or employees. In cases any suit or other proceedings shall be brought against the Purchased or its officers, agent or employees at any time on account or by reason of any act, nation, neglect, omission or default of the Seller of any of his contractors ar any of its or their officers, .gems of employees ns aforesaid the Seller hereby agrers m assume ate def rase thereof end to defect the same at the Sellers own expense, in pay any and all cost, charges, attorneys fees and Wall eagerness, my rand dl judgment that may M indutd by or obtained against ate Forchasa or my of it or their officers, agents or ample mrs in such suit or other proceedings, and in use judgment or oher lim be placed upon or obtained against the property of ate Purcltases, or said parties in or se a result Of such suits or other proceedings, the Sella will at once cause the same to he dissolved and dischargd by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, bimish and install all guards necessary, for the prevention of incident, comply with all laws and regulations with regal to safely including, but without limitation, ate Occupational Safety and Health As, of 1970 add all roles and regulations issued p.t Nano. Revised 022014