HomeMy WebLinkAbout535453 SIGN POST SAVERS - PURCHASE ORDER - 3215002PO
PURCHASE ORDER 321500er Page
City. of3215002 lofz
Flirt CollinsChis number must appear
,�—J`-' 1 1 on all invoices, packing
sli s and labels.
Date: 01/02/2015
Vendor: 535453
Ship To:
TRAFFIC OPERATIONS
SIGN POST SAVERS
CITY OF FORT COLLINS
c/o JOSH WURZ
626 LINDEN STREET
5525 66TH AVE
FORT COLLINS CO 80524
TABER AB T1G OA9
Delivery Date: 01/02/2015
Buyer:
Note:
Line Description
Quantity
Ordered
UOM Unit Price Extended
Price
Break Away Sign Posts
1 LOT
LS 5,000.00
Annual
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
Total $5,000.00
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
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fan Collis u exempt rat stale and local taxes. Our Exemption Number is
I I. NONWAIVER.
98-04503. Federal Excise Tax Exemption Cmilieam of Registry 84-6o00587 is registered with the Collector of
Failure of the Purchases to hoist upon shin pafortwm, of the most etM conditions hereof, failure or delay to
Internal Revenue, Denver, Colomdo (Ref. Colorado Revised So mta 1973. Chapter 39-26,114 (a),
exacom any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the terminate payment for goods haeundeeor approval fthe design, shall not release Ne Sella of
Goods Rejected. GOODS REJECTED due to failure to at specifications, either when shipped or due to defects of
any Of the warranties or obligations of this purchase order and shall not be deernor a waiver of any right of the
damage in transit may be returned to you for credit and are not to be replaced except upon receipt of written
Purchaser to imist upon said Performance haeofor any of its rights or remedies as to any such goods, regandess
instructions form the City of Fan Collins,
of when shippd, received or accepted, as to any prior or subsequent default hereunder, net shall any purported
am[ modification or rescission of this purchase order by the Purchaser paste as a waiver of any of the ream
Imitation. GOODS ate subjectto the City of Fan Collins inspection on arrival.
hereof.
Final Acceptance. Reselpt of the merchandise, services or equipment in response to Its order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
authonnd payment on the For of the City of To" Collins. However, it is to be understood that FINAL Seller and the Purchaser recoguire that in actual economic pmetice, overcharges resulting Boom antitrust
ACCEPTANCE is depaWeat upon compinion of all Wpliable required inspection procedures. violations are in fact home by NPurchases.
e Purch. Theretorefo�fw good cause and as mu sidemdon for executing this
purchase order, the Seller hereby assigns to the Promises any and all claims is may now have or hereafter
Freight Temas. Shipments mat be, F.O.D., City of Fan Collins, 700 Wood SL, Fast Collins, CO 90522, unless sequirm under formal or suite antitrust laws for such overcharges relating to the parlicula goods or services
otherwise specified on this order. If permission is given to prepay freight and charge sepma[elY. the migial freight purchased or acquifd by the Purchaser minimal to this purchase coder.
bill most accompany agaim. Additional charges far packing will not h accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing points inarioe, pinta or the mumry, shipment is Ifthe Purch.er directs the Seller to coned nonconforming or detective goods by a date to be agreed upon by the
expected from the neural distribution point to destination, and excess frelghl will be deducted from Invoice when Purchaser and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchases
shipments are made rat &eater distance. may cause she work to be pafumted by the most expeditious means available to it, and the Seller shall pay .II
costs mwclatal with such work.
Parma. Sella shall Fortune at sellers sole cast all nmeswry permits, matifcaus and licessses natural by all
applicable laws, regulations, ordinances and miss of the state, municipality, lenioxy or political subdivision where
the work is performed, or to uird by tiny other duly wnstiNmd public mulberry havingjuddiction over the work
of vend., Sella further agars to hold On, City of Fiat Collins hmmlers from ad against all liability and loss
round by them by reason of m asserted or established violation army such laws, regulations, insurances, miss
and requiremenrs.
Authonation. All parties to this contract agree that the fWancmalives are, in fact, bona fide and possess full and
complete mtlmriry to bind said ponies.
LIMITATION OF TERMS. This Purchvm Oder expressly limits acceptance to the tams and conditions sated
herein set Earth 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 jetted.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date m noted. Time is of the essence. Delivery and performance most be effected within the time
shared on the purchase order and the documents ackwhd hereto. No tuts of the Purchasers including. without
limitation, acceptance offered late deliveries, shall operate as a waiver of this provision. In the event army delay,
the Purchaser shall have, in addition to other legal and moiobic remedies, the option of placing this order H.sewhem
and holding the Sella liable for damages. However, the Sella shall not be liable for damages m a result of delays
due to causes not reasonably foreseeable which arc beyond its reasonable context and without its felt ofnegligence,
such acts of Got aces ofcivit or military aushoritim, governmental pnonties, fires, strikes, Rood, epidemics, wars at
riots provided Oat notice of the conditions causing such delay is given to the Purchases within five (5) days of the
time when the Seller first received knowledge thereof In the event of my such delay, the date of delivery shall be
extended for the pad must to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Sella warrants that all goods, onieles, vamrials and work covered by this order will conform with applicable
drawings, snaiflamns, samples mall., other descriptions given, will be tit far the purposes intended, and
performed with the highest degree of cart said competeme m accordance with mceptd standards for work of a
similar ratae. The Sella agrees to hold the purchaser hear ndess farm my loss, damage or expense which the
Purchaser may suffer or incur on mmunt of the Sellers beach of wartanty. The Sella sbaR replace, minicar make
goad, without cost in the purcMsm my defies or faults ailing within oat (1) year or within such longer peril of
time ss may be, presenbnl by law or by the mrms army applicable warranty Provided by rise Sella after the date of
acceptance of she goods fim olvd hereunder (acceptance not to be, unreasonably delayed), resulting tram imperfect
or defective work done a materials fumishd by the Sella. Acceptance or use of goods by the Prommer shall not
constimm a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach army of the foregoing waamtin
ar g-rame ,, bur such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Prurient may make changes to legal terms by wr om change order.
5. CHANGES IN COMMERCIAL TERMS.
The, Purchicas may make any changes to the tame, other than legal teas, Including additions to or deletions rat
the qumrides originally oMrrd in the specifications m drawings, by vabal m women change order. If my such
change affects the anoum due or the time ofperfonmwuce heeader, an a,uimble adjmtmmt shall W made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement m to any or all portions of the
goods then not shipped, subject to any egnimblu adjustment between the Entries as to my wank or mammals then in
progress provided that me Putchma shall not be liable for any claims for anticipated profits on the uncompldd
portion of the goods andior work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with rapcct to any goorL which are the Sellers standard stack. No such rermiation shall relieve
the Prommer or the Sella of my oftheir obligations as m my goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for djus.1 most be asserted within thin, (30) dap form the Aide the temge or temtiration is
ordered.
S. COMPLIANCE WITH LAW.
The Seller warrants dim all good sold heeunder shall have been produced sold, delivered i d famished in strict
compliance with all applicable laws ad regulations 0 which the goods an, subje t. The Sella shall execute and
deliver such documents. may be squired to effect err evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees in
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither pay shall assign, transfer, or convey This order, or my coo e,i due Or m become due hereunder without Ne
Prior written account.ftbe Other Ivry.
10. TITLE.
The Sella warrants fall, clear and mmrsom ial title to the Purchaser far all alarmist, materials, and it. fumishor
in perfamtmcc of this agreement free and clear of any and all lass, restrictions, reservations, security interest
mcuttbmncesad claims of others.
The Sella shall release the Purchaser and its consumers of any net from all liability and claims of any nature
resulting firm the performance ofsuch work.
This release shall apply even in the and of fads of negligence of the parry relmsd and shall inland a the
directors, officers sad employees of such parry.
The Sellers mnunctual obligations, including womenty, shall not be deernd to be reducor, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Sella is required muse any design, device, material or process covered by letter, patent, trademark
or copyright, the Sella shall indemnify and save harmless the Purchaser imam any and all claims for infringement
by reason of the use of such patented design, device, material or process in connection with the contract, and
shall indemnify she Purchaser for any most, expense or damage which it may be obliged to pay by tenon ofsuch
infringement at my time during Ne prosecution or after the completion of the work. In case said equipment, or
my pan Hereof or the inteddd use of the good, is in such suit held to commum infringement and the use of
said wfuipment or pan is enjoiad, the Sella shall, at in own expense and at its option either pars a for tM
Purchaser the right to continue sing said equipment or pans, replace the more wish substantially equal but
mainfringing aRripment or modify it so it becomes noninGnging.
15. INSOLVENCY.
If the Sella shall become insolvent or bankrupt, make an assignment for the berneft of creditors, appoint a
or trustee for any of the Sellers properry or business, this order may forthwith be caaeld by the
Purchase, without liability.
16. GOVERNING LAW.
The definitions oftems med or the intern elation ofthe agreement and the rights of all parties hereunder shall be
command under and governed by the laws of the Stale of Colomdo, USA.
The following Additional Conditions apply only in cases where the Sella is 0 perform work hereunder,
inclWing the services ofsellas RepresmutivHs), an the prearm s of others.
IT. SELLERS RESPONSIBILITY.
The Sella shall arty on said work at Sellers own risk until Oa same is fully completed and accepted, and shall,
in case of my accident, destruction or injury to rise work and/or materials befog Sellers final completion and
acceptance, complete the work at Sellers own expem, and to the satisfaction of she Purchaser. When materials
and equipment am famishd by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle same at the site and bmome responsible therefor in though such materials and/or quipmnu
were being famished by the Sella under she order.
18. INSURANCE.
The Sella shall, at his own expense, provide for the payment of workers compensation, including Occupational
disease bsefis, to its employees employed on or in connection with the work covered by this purchase order,
m lm to then dependents in accordance with the laws of the sure in which the work is an be date. The Sella
shall also arty mmprehessive gmeml liability Including, btu tut limited m, corefteml and Wasnu bile public
liability insurance will bodily i jury aM dnth litters of m least S300.000 for my me pawn, 3500,000 for my
one accident and pmpeny damage limit Per accident of S4W,000. The Sella shall likewise require his
mmnnors, if any, to provide for such compensation and imomme. Dennis any of toe Sellers or his co ...
employees shall do my work upon the premises Of others, the Seller shall Ravish the Purchaser with a anifici to
that such compensation and insurance have ban provided. Such crnifiates shall specify the date when such
compensation and insurance have been provided. Such renificates shall specify the date what such compensation
and imsurance expires The Seller agrees that such compensation and insurance shall be maintained unlit after the
entire work is completed and acceptor.
The Sella hereby assumes she entire responsibility and liability fen any not all damage, loss or injury army kind
or attire whatsoever to persons or prepary caused by or resulting from the exemtion ofthe work provided for in
this pttchas , order, or in corm- m.. henwith. The Sella will indemnify and hold lurmless Ne Purchaser and my
Or all of the Purchasers .Met.. e,am and cmploSTes from and i gaiml any and all claims. losses, danag.,
charges in expenses, whether direct or indirect mad whether to persons in property in which the Purchaser may
be put or subjeet by revsin of any act, action, neglect, omission or default on the pert of the Seller, my of his
mountain, in my of the Sellers or contractors officers, agents or employees. In ase any suit or other
proceedings shall be brought against the Purchaser, or is officers, agents or employees at any time on account or
by rcawa of any col, ration, neglect, omission or default of the Sella of any of his contractors or any of its or
their .Beers, agents or employees as aforesaid, the Sella hereby agrees to .some the defame thereof and to
defend the same anhe Sellers own expense, to pay my and all costs, charges, attorneys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchases or any of is or their officers,
agents or employees in such suits or other proceedings, and in use judgment or other Jim be placed upon or
obaind against the property of the Purchases, or said parties in or. a moth of such suits or other proceedings,
Jim Seller will at once cause she same to M dissolved and discharged by &ring band or otherwise. The Sella and
his contractors shall take dl safety precautions, fiumisb and imuill all guards necessary for the Intervention of
accident, comply with all laws and regulations with regard On safety including, but without limitation, she
Occupational Safety and Hmlsh Act of 1970 and all mles and regulations issued pursuant thereto.
Revised 07I2014