Loading...
HomeMy WebLinkAbout541554 LANDMARK MONUMENTS LLC - PURCHASE ORDER - 9146993Fort Collins Date: 11/28/2014 Vendor: 541554 LANDMARK MONUMENTS LLC 526 W 66TH ST LOVELAND CO 80538 PURCHASE ORDER PO Number Page 9146993 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS CO 80521 Delivery Date: 11/26/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price I Engraving Tee Marker Signs Collindale and Southridge per proposal dated 11-26-14 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.com 21,240.00 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fora Collins is exempt from state and local taxes. Om Exemption Number is I L NON WAIVER. 98L4502. Federal Excise Tax Exemption Certificate of Registry M-6000587 is registered what Ne Collator of Fvlum of tie Purchaser to insist upon coin performanceof or, tennis and conditions hereof, failure or delay to enuInternal Rove, Denver, Colorado (Ref, Colorado Revised going, 1973, Chapter 39-26, 114 (a), exercise my rights err mndics Provided herein Or by law, failure to promptly beatify the Seller in the event of a breach. Ore acceptance afar paymmt for good hereunder or approval ofthe deign, shall trot mlcase the Seller of Gods Rejected GOODS REJECTED due to failure to men specifications, either when shipped or due an defects of my of the wamnties or obligations of this purchase hold and shall not be deemed is waiver of my right of the damage in transit, trey be rename to you for credit and arc not to be replaced except upon ovdin of written Purchaser to insist upon strict performance hereofor any of its rights or remedies in to my such goods, regardless instructions from the City ofFort Collin. of when shippd, received or accepted, as to my prior or subsequent default hmwdcr, nor shall my purposed ore[ mdifwtion or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Impaction. GOODS are subject athe City Of Fom Collins inspection oa arrival. hereof. Final Acceptance. Receipt of the merchandise, smite or equipment in response to this oMer can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. mili nied payment on the pan of the City of Pon Collins. However, it is to be understood that FINAL Seller and the Purchaser reropho that in actual economic practice, overcharges resulting from contrast tfingoodcause ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. viulationserein factbm hebythePurchaser.Theatefore, andas consideration mramimingthis purchase .,do, the Seller hereby assigns to the Purchaser any and all claims it may now have or herdold Freight Tema. Shipments must be F.O.B., City of Fon Collins, 700 Wood St., Fair Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular good or services otherwise specified on this oMer. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most mcompany invoice. Additional charges for Woking will not be accepted. IJ. PURCHASERS PERFORMANCE OFSELLERS OBLIGATIONS. Shipment Where manufacturers in ration pans the mwtry, shipment have distant. n Purchaserdireck the Seller to ec by tobeagred on the nonconforming or dtficholiday IfflaPurchased n ad so de when expected from the nearest distribution powt to aestintian, end exetss freight will be deduced form Invoice wM1m fr.. a re ogress to comply. the Pmchas ]. the after Pardoner Purchaser and the Seller, and the Seller thereafter indicates its iandeiry or cable to shipments aR made form greater dismntt. it, l may the work be pert a by the most expeditions means available a it and the Seller shall pay all now s costs associate with such work. Permits. Seller shall procure ar sellers sole court all ad., pmnik, ttnifimte and lit. required by all applicable lawn, regulations, ordinances ad rules of the state, municipality, ternary or political mndivisim where the work u Performed, or resryird by any other duly corutithred public authority having jurisdiction Over the work of vendor. Seller further agrees to hold the City of For Collins harmless fmm and against all liability and loss incurred by them by reason of an asserted or established violmion of my such laws, regulations, ordinance, rules and oapti murk. Awltm mfimn. All ponies to this contract agree that the representatives are, in tact, bona fide and possess full and complete ..than, to bind said parries. LIMITATION OP TERMS. This Purchae Order expressly limits acceptance to the terns and conditions stated herein set Furth and any supplementary or additional terms and conditions annexed hereto or incorporated heroin 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 shipment a arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and performance most he elT red within the time stated on the purchase order and ate documents niche harder No acts of the Purchasers including, without limitation, acceptance ofpmial hare deliveries, shall operate as a waiver ofthis Provision. In the went artery delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of pUcing this order elsewhere and holding ate Seller liable for damages. However, the Seller shall Out be liable for deadjo s m a.11 of delays due to rouses not reasonably fineeesble which one beyond its reawwble control and wihout its fault of negligence, such acts of God, ants ofeivil or military authorities. Immemorial priorities, fires, stokes, flood, epidemics, wars or cots 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 theteof. In the event of my such delay, she date of delivery shall be extended for the period equal to the time actually lost by mown of the delay. 3. WARRANTY. The Seller warrants that all good, articles, monarchs and work covered by this order will conform with applicable drawings, specifications, mangles and/or other dexcrlptlons given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a similar nature. The Seller agree to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suff or incur on adarat of the Sellers broach of warranty. The Seller shall replace, repair or make good, without cast to the purchase, my defects or Faulk arising within one (1) year or within such longer period of time as may be prescribed by law or by the team ofany applicable warranty provided by the Seller after the date of scttplang, of the good fumishd hereunder (acceptance not to be umgrwmbly delayed), resulting from imperfect or defective work done or materials fumishd by the Seller. Acceptance or use of goods by the Pmchasd shall Trot constitute a waiver ofmy claim under this warranty. Except as otherwise provided in this purctio a order, the Sellers birthday hereunder shall extend to all damages pmximmely mused by the breach of my of the foregoing waaaaties or guamntces, but such liability shall in no event include lass of profits or loss of use. 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 written change Omer. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the lerms, other than legal tames, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by vadod or on. change order. If any such change affects the amount due or the time of perfotmanec hemunde, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by women change order, Immune use this agreement as to my or all ponians of the goad then not shipped, subject to my equitable adjustment between the ponies as to any work err materials then in program provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted portion of the good anNor work for incidemal or mosexp croal damages, and Wert no such adjustment be made in favor of ate Seller with respreua any goods which ate ate Sellers standard stack. No such irradiation shall relieve the Purchaser m thc Seller ofmy of two obligatiair W to my good delivered bertwad. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assered within Wiry (30) days form the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all good sold hereunder shall have been produced, mid, delivered and fumishd in sink, compliance with all applicable laws and regulation to which the goods arc subject. The Seller shall execute and deliver such documents as may be require to effect or evidence compliance. All laws and regulation required to be ncorlwmted in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all casts and damages suffered by the Purchad as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall resign, banter, or convey this order, or my monies don or to became due hereandd without the prior women consent ofthe other party. 10. TITLE. The Sella warrants full, clear and anreleded title an ate Purchaser for all equipment, matenak, and items famished in performance of this agreement, Free and clear of my and all liens, restrictions, reservations. maucry interest mcumbrmcas and claims of alders. The Seller shall relmw the purchaser and its contractors of any tier firm all habday and claims of my not re resulting fmm the performance affords work. This release shall apply even in the event of fault of negligence of the parry release and shall extend to the diredors, officers and employees ofauch party. The Sellers anatomical obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is require to use any design, device, maerial or process coveted by letter, patent, trademark or copyright, the Seller shill indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, ca ter al or process in connection with the contract, and shall indenmify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason ofauch infringement at my time among she prosecution or after the completion of the work. In case said equipment, or my pan thereof or ate Wtmded use of the goods, is in such suit held to consumre infringement and the tsse of said aryipmmt or pea u Joined, the Seller shall, al its own expense and at its option, either protmre for ate Purchase the right to continue using said quipment or pans, replace the snore with substantially equal but wninGnging Muipment, or modify it m it becomes moninfHnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for my of the Sellers property or business, this order may forthwith be conceded] by the Purchaser without liability. 16. GOVERNING LAW. The definitions attends used or the interpretation ofthe agreement and the rights of all parries hereunder shall be crosstmed under and governed by the laws ofthe Site ofColamda, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Ra eadmative(s), on the premises of.frrs. 12. SELLERS RESPONSIBILITY. The Seller shall carry, on mid work at Sellers own risk it the name u fully completd ed accepted, and shall, in tow of my accdent, destruction or injury to the work snNor modish, before Sellers furl completion and acceptance, complee the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others far installation or erection by the Seller, the Seller shall rteive, mtoed since and handle same at the site and become responsible tbene(or as though such nommits andor equipment were being fumishd by the Seller ceder the order. I B. INSURANCE. The Seller shall, at bis own expense, provide for the payment of workers compensation, including occupational disease benefits, to its cmployas employed on or in connection with the work covered by this purchase order, indoor to their dependents in accordance with the laws of the site in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited W. commercial and automobile public liability insurance with bodily injury and death limits or at Idea $300,000 for any one person, $500,000 fur any one accident and property, damage limit per accident of $400,000. The Seller shall likewise require his orwrom, if any, to provide for such compenalim and inmmnce. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall Hanish the Purchaser with a certificate flat such compensation and announce have bean provided. Such certificates shall specify the data when such compensation and insurance have been provided. Such edificom shall specify the date wham such compersvtion and insurance expires. The Seller agrees that such compensation ad become, shall a main a nd until oiler the airline work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the retire responsibility and hattility for my and all damage, loss or injury army kind or uamce wharsuevd to persons or property grossed by or resulting fmm the exemmon of she work provided for in this purchase hold or ur mmedom herewith. The Seller will indemnify and hold harmless ate PuNuser and my or all of the Purchasers oBicers, agmd and employers from and again, my and all claims, losses, damages, charges or expenses, whether direct or indirect. and whether to persons or propefy a which the Purchaser may be put or subject by resonant of any act, action, neglect, omission or default on the pan ofthe Seller, my of his contractors, or any of the Sellers or contractors officers, agents or employes. In case any suit or other proceedings shall be brought against the Purchase, or its officers, agents or employees at my time on accowt or by reawn of my Oct. anion, neglect, omission or default of the Seller of my of his contractors or my of its or their Mficas, agmk or employees as mforemid, the Seller hereby agrees to assume the date. thereof and to defend the same at the Sellers own expense, to pay any and all costs, charge, artomrys fees and other expenses, my and all judgments that may be incurred by or obtained against the Purchaser or any of its or their olfiwrs, agents or employees in such suits or other proceedings. and in case judgment or other Iran be placed upon or obtained against the property ofthe Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once mom the more to be dissolve and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and mill all guard accessary for the prevention of accidents, comply with all has and regulations with regard to safety including, but without limitation, the Odtriumal Safety and Health Ad of 1970 and all rules and regulations issued pursuant thereto. Revised 072014