Loading...
HomeMy WebLinkAbout103941 CITY OF FORT COLLINS MISCELLANEOUS - PURCHASE ORDER - 9147602Fort Collins Date: 12/24/2014 PURCHASE ORDER Vendor: 103941 CITY OF FORT COLLINS MISCELLANEOUS " CIS " PO Number Page 9147602 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: PARKING SERVICES CITY OF FORT COLLINS 215 N MASON, 1 ST FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 12/23/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOMM Unit Price Extended Ordered Price 1 estimated signage RP3 Program University North 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.com 1 LOT LS 22,000.00 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 1. COMMERCLM.DETA1IS. Tax exemptions. By smrute use City of Fort Collins is exempt from state and local taxes. Our Exemption Number ir 984N502. Federal Excise Tax Exemption Con Pica a of Registry 84-6000587 a registered with Ne Collator of 1 f. NONWAIVER. Failure of the Pare emsser to insist upon strict performance Orion temp and conditions beteof, failure ar delay W Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stories 1973, Chapter 39-26.114 (a). exercise any rights or remdis provided herein ar by law, failure to promptly entity the Seller in the event of a beeach, tho acceptance for payment for good hereunder or approval of the deign, shall not release the Sella of Goods Rejected. GOODS REIECfED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not he domed a waiver of any right of the damage in transit, may be remmed to you for credit and are not to be replaced except upon receipt of written Procurator to insist upon stria performance hereof or any of its rights in remedies as to any such goods, regardl[u instructions from the City of Fort Collins. of when shipped, received or accepted, ei m any prior or subsequent default hereunder, nor shall any p irpand oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the trout Inspection. GOODS are subject to the City of Fort Collins inspection on not hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economicfrom antitrust practice, overcharges resulting froantitrt ACCEPTANCE is dependent upon completion of all applicable required inspector procedures. violations are in fact e by thra e Purchaser. Theofore for good cause and as consideration for roaming this hom purchase order, the Seller hereby sssigm m the Pu abuser any and all claims it may now have or handler Freight Tema. Shipments most be F.O.B., City of Fort Collins, 700 Woad SL, Fort Collins, CO 80522, unless saquired seeder (ideal or sure antitrust Iowa for such overcharge, aldng to the particular goods or savica otherwise specified on this order. If permission is given m prepay freight and charge separately, the original freight purchased or acquied by the Purhaser perrsuzar to this purchase order. bill most muompany invoice. Additional charges for Peking will Out be arc mat U. PURCHASERS PERFORMANCE OFSELLERS OBLIGATIONS. Wheremanufazturtrs havedistributingexcesnvarioaparts th, shipments Shipment Dan Purchaser or dbyadam m beagredupon byfe reca the Seller mcorreamoee dof emandcountry, nI she. distribution point m destination, cod excess freight will be dducrd from Invoice when expected from the indrmiag minty or u ad the Sella, eel fie Sella thereafla idimda is mobility or unwillingness m pure the diitn shipments ere made from greaea distance. fidon ll pay all he Seller shall duty cum be performed by the most expeditious nrcma available to it, and the Seller shall pay all rosy cause fie costs associated coif such work. with a Permits. Seller shall procure at sellers sole cost all necessary Canada, certificates and licenser required by all applicable laws, regulations, ordinances and roles of the saes, 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 vendor, Seller dnher agrees to hold the City of ran Collins harmless from and against all liability and loss incurred by than by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirem er m. Awla nzaticso All ponies an dds contract on that the representatives are, in fact, bore fide ad possess full it complete authority m bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits ardepmns. r thc trans and condidaus sated herein sod forth and my supplemmury or additional tans and conditions annexed harem or ineorpoated herein by reference. Any additional or different terms and extraditions proposed by seller are objected to rid hereby rejead. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted Time is of the announce. Delivery and performance most be effused within the time stated on the purchase order and the documents mached hereto. No arts of the purchasers including, without Immune, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event 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 damage. However, the Seller shall not be liable for damages ss a result of delays due to came. not reasonably foreseeable which arc beyond its reasonable control and without its Paull of negligence, such acts of God, acts ofeivil or military authomles, governments] tomodies, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Puecbaer within five (5) days of the time when the Seller fair received knowledge thereof, In the event of my such delay, tlrc date of delivery shall be extended for the period equal to the time actually tar by reason cruise delay. 3. WARRANTY. The Seller wannna that all good, articles, mmerials and work covered by this order will con( with applicable drawings, specifications, somple mdtor other desaipdoas given, will be to for the purposes intended, and performed with the highest degree of care and competence in acmMmce with accepted standard for work of a similar ratme. The Seller agtea to hold the purchaser hmmlas from any loss, damage or expense which the Purchaser may inform m pension account of the Sollars breach of waranty. The Sella shell replace, repair or make good, without cost to the pmemem, any defects or faults arising within one (I) an or within such longer period of time or may be prescribed by law or by the terms of my applicable waremtty provided by the Seller Be,othe date of acceptance of the goods harfehed hereunder (acceptance not In, be unreasonably d[layeit), dsuting from impartial or defective work done or materials furnished by the Seller. Acceptance Or use of goods by the Purchaser shall not constitute a waiver ofany claim under this waranty. Except in otherwise provided in this purchase order, the Sellers liability hereunder shall extent m all damages proximately ..it by the breach of any of the foregoing warranties or gmmnlces, but such liability shall in no event include lass of profits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. The poechaur may make changes to legal terms by written change order. 5. CHANGES IN CO`.A4ERCIAL TERMS. The Purchaser may make my change to the terra, other than legal temas, including additions no or deletions from fie gminftim originally ordered in the specifications or drawings, by vedual or written change adder, If my such change efforts the m onnt due or We time ofperfommce haremdeL an apritaCle adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, continue this agreement es ro any or all pardons of the good then not shipped, subject to coy equitable djustmat between the parties as r any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods unarm work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any good which is, the Sellers mmdard stock. No such temrinminn shall relieve the Purchaser or the Sella of any offeu obligations as m any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. A, claim far adjustment most be assrred within thins (30) days from the date the change m termination is adored. B. COMPLIANCE WITH LAW, The Sella wararrts Oat all good sold hereunder shall have ban prdmd, sold, delivered and rumished in shirt compliance with all applicable laws and regulations in which the good are sat The Sella shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements Of this character ere hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchases hamdes from all rasa and damages suffered by the Purchaser as is result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, o-arsfer, or convey this order, err my monies due or r become due hereunder without the prior written consent ofthe other parry. Ill. TITLE. The Sella wamna hall, clear and ramestricted title to he Ptmhasa fro all equipment, materials, and items fumishd in Perfomame of this ageeemed, fine and clan of any ad all lies. Occurrence, raervatiom, warmly interest mcumbance eel claims of of ers. The Seller shall release the Purchaser and its commands of any tier 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 parry released and shall extend to the directors, officers and employees ofsuch party. The Sellers contractual obligations, including waranty, shall not be kn mal r be reduced, in any way, became such work is perfarmd or caused to he performed by the Puchaes. 14. PATENTS. Whenever the Seller is requited m use my design, devirc, material an process canard by letter, pmmL confounds, or copyright the Seller shag indemnify and save harmics Be Purchaser from my and all claims for imisttgemem by reason of the use of such patented design, device, matcnal or peomss in connection with the comma, and shall indemnify the Purchaser fro any cas, apense or damage which it may be obliged to pay by reason ofsuch inGngement at any time during the prosmtion or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the good, is in such suit held to cotastione infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either pre sere for the purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninGnging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Sella shall become insolvent or bankrupt make an assignment for $e benefit of creditors, appoint a recover or trustee for my of the Sellers proerty pm business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The deftvitioss of terms used or the interpretation ofthe agreement and the rights stroll ponies bcreuada shall be conswed under and gov[med by the lawn of We Sure ofCstlaado, USA. The following Additional Conditions apply only in cases when the Sella is an perform work hereunder, including the sciences of5ellcrs Represmtmive(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and occupied, and shall, in an of any accident, destruction or injury to the work soaker materials before Sellers final completion and cceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials nnd equipment are famished by others for installation or cannot by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor ss though such materials and/or equipment were being furnished by the Sella under the order. IR INSURANCE. The Seller shall, at his own expense, provide fro the payment of workers compensation, including occupational disease lemefa, or is employees cenployed on or in connection with the work covered by this punchme order, anNoT to Weir dependents in accordance with the laws of the sure in which the wank is to be donne. The Sella shall also carry, comprehensive general liability including, but nor limited W. mnlracnd and anrmobile public liability insuance with bodily injury and death limits of at leas. $300,000 for any one persov, SoR,000 for my mcidet and property damage limit per occident of S4M.". The Sella shall IWays[ requite his mntacrrs. if any, to provide for such compensation and insurances Before my of the Sellers or his contractors employees shall do any work upon the premiss of ofers, the Seller shall fumiab the Purchaser wild a carrier. that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby ms0. the no responsibility and liability fro any and all damage, loss or injury army kid or mean whatsoever to persons or property camel by or resulting from the execution of the work provided for in this purchase order or in mmection herewith The Sella will indemnify and held harmless the Pmchnsa and my or all of the Franchisers oRcers. agora and employes from and against any and all claim, losses, datums, charges m expense, whether direct or indirect and whether to permns or property to which We Purchaser may be put or subject by reason of my rat action, reflect, omission or default in the pan of tM Seller, my of his conumm , or my of the Sellers or contrmsors officers, agena o employers. In eve my suit or ofer proceedings shall be brought against the Purchaser, or its officers, agents or employees m any time an account or by reason of my rat ration, neglect, omission m default of the Sella of my of his eommoveors cr any of is or their officers, agents or employees as aforesaid the Seiler hereby agrees to assame the defense fereof and or defend the same an the Sellers own expense, to pay my and all costs, charges, attorneys fees and ofer expenses, any and all jdgmena that may be incurred by or obtained against the Purchaser or my of its or their offers, agents or employees in such suits or other proceedings, and in can judgment or other lira be placed upon or Obtained against the property of the Purchaser, in said parties in or as a result of such suns or other proceedings, We Sella will at once ca en the same ro be dissolved and discharged by giving bond or otherwise. The Seller and his emmotors shall take all safety prmaudors, furnish and install all guard necessary for the prevention of accident, comply with all laws ad regulations with regard to safely including, but without limitation, We Ocmpatiorel Safety and Health Act of 1970 and all roles and regulations issued puauanr t6ermo. Revised find 14