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HomeMy WebLinkAbout442468 VULCAN INC - PURCHASE ORDER - 3215301City of Fort Collins Date: 01/13/2015 Vendor: 442468 VULCANINC 410 E BERRY AVE FOLEY AL 36536-1850 PURCHASE ORDER PO Number Page 3215301 1012 This number must appear on all invoices, packing slips; labels. Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS CO 80524 Delivery Date: 01/13/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Sign Supplies 1 LOT LS 15,000.00 THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. 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 $15, 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 exemption. By statute the City ofFort Collins is exempt from state and load taxes. Our Exemption Number is I I. NOINWAIVER. 98-04502. Federal Excise Tax Exemption Cenifiate of Registry g4-6oW589 is registered with the Collector of Failure of the Purchaser to insist upon add perfgnmence of the terms and conditions heron( failure or delay to Internal Revenue, Denver. Colorado (Ref, Colorado 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 of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED 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 be deemed a waiver of my right of the damage in transit may, be resumed to you for credit and are not ao be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goads, regardless instructions Gom the City of Fort Collins. of when shipped, received or accepted, n to my prior or subsequent default hereunder, nor shall any purported oil modification or rescission of this purchase order by the Purchaser operate n a waiver of my of the terms Inspection. GOODS are subject to the City of For Collins innpedum on arrival. hereof Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can r esult in 12. ASSIGNMENT OF ANTITRUSTCLAIMS. authotized payment on the pan of the City up Fort Collins However, it is W be understood thatFINAL Seller and the purchaser recognize that in actual economic practice, overcharges resulting firm antitrust nfor tgood ACCEPTANCE is depmdms upon wmpleuon.fall applicable required inspection procedures. violations are in fan home by the Purchaser. Theretofore, sum and in consideration for executing this purchase order, the Seller hereby assign to the Purchaser my and all ddms it may new have or hereafter Freight Terms. Shipments most be F O.B.. City of Find Collins, IN Wood St. Fiat Collins. CO 80522. unless mquaced under federal or Hate mtitrose laws fir such overcharges, relating m the r articWar goods or senaees otherwise spoeified on Nis order lfpermission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pmaticntto this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Choicer. Where manufzeltuds have distributing points in various parts of the country, shipment is colegaed from the nearest distribution point to datiation, and excess freight will be deducted from Immuce when shipmmas are made from grater distance. Permits. Seller shall procure at sellers sale cost all necessary Eermits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public auduoriry, having jurisdiction over me work of vendor. Seller bald agrees m hold like City of Fort Collins harmless from and against all liability and loss endtined by them by reason of an asserted or established violation of my such laws, regulmions, ordinances. rules requirements. Authorisation. All putties to this contract agree that the representatives are, in fact, bona fide and Possess full and complete authority to bind said Forces. LIMITATION OF TERMS. This Purchase Order expressly limits meepunce to the aeon and conndtons stated herein set forth and my supplementary or additional terms and conditions annexd herein or mmryormed herein by reference. Any additional or diN'erent terms and conditions proposed by seller are objected in and hereby rejos ed. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment in arrive on your premised delivery date in noted. Time is of the essence. Delivery and performance must be effected within the time saved on due purchase order and the documents enriched hi ere. No acts of me purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of Nis provision. In the event clarity 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 result of delays due in causes not reasonably foreseeable which are beyond its reasonable wnwl and without its fault of negligence, such acts of God, acts of civil or military aothanties, governmental priorities, fires, strikes. Rood epidemics, wars or dots provided that notice of the conditions coming such delay is given to she Pardoner within five (5) days of the time when lie Seller first received knowledge thereof In the event of my etch delay. the date of delivery shall be exaonded for the period equal In the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller worman that all goods, articles, materials and work covered by this order will conform with applicable drawings, specificaions, samples andor other descriptions given, will be fit for me purposes intended, and performed with the hildren degree of care and competma in acwrdmce with accepud standard for work of a a radar nature. The Seller agrees to hold me purchaser harmless from my lass, damage or expanse which the Purchaser may suffer or incur on account of the Sellers breach of eananry. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising wi min one (1) year or within such longer period of time was may be prescribed by law or by me terms of my applicable wanmty provided by the Set ler after me date of acceptance of the goods famished hereunder, (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or sex of goods by the Purchaser shill not constituteawaiverofmyclaimundeririswam Exceptasotherwisepmvidedinirispurchaseorder,fe Sellers liability hereunder shill extend m all damages proximately caused by me breach of any of the foregoing wammties or guarantees, but such liability shall in no event include loss of profits or loss close, NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 3. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the terns, other than legd terms, including additions m or deletions from the quantities originally ordered in the specifications or drawings, by secret or wdnen change order. If any such change affects the amount due or the more of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at my time by worm change order, terminate this agreement as many or all potions of the goods then not shipped, subject to my equitable adjustment betwern the parties as in any work or materials then in progress provided fat the Purchaser shall not be liable for any claims for anticipated profits on the unmmplet d portion of the goods and/or wark for incidental or consequential damages, and that no such mmear ant be made in favor of fie Seller with respect to anygoods which are fie Sellers standard stork. No such termination shall relieve fie Purchaser or the Sel let of my of their obligations as to any goad delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be warned within Pity (30) days from the time me change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations as which the good are subject. The Seller shall execute and deliver such documents in may be required to effect or 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 to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser in a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or my monies due or in become due hereunder without me prior written consent opium, other puny. 10, TTTLE. The Seller warrants full, clear and unresviaed side in the Purchaser for all equipment materials, and items famished n performance of this agreement free and clear of my and all liens, restrictions, reservations, security interest anambrandet and Balms ofomert. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to conem nonconforming or defective goods by a date in be agreed upon by the Purchaser and the Seller, and the Seller Nerafter indicates in iaabilry or unwillingness or comply, the Purchaser may cause die work m be performed by die coon expeditious meets available ao it and the Selltt shall pay all man asmciared with such work. The Seller shall release the Purchaser and its contractors of my tier from all liability and claims of any nature walling from the performance of such work. This release shall apply even an me event of fault of negligence of due party released and shall added m the direcmes, officers and employees of such parry. The Sellers c rrommal obligations, including warranty, shall not be deemed to be reduced, in my way, because such work is performed or caused to be performed by the Purchaser. la. PATENTS. Ntharever me Seller is required to use any design, device, material or process covered by letter, patent trademark or copyright due Seller shall indemnify and save hamdesz the Purchaser from my 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 the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such infringement at my time during the pmsnuaon or after the completion of the work. In case said equipment, or my pan thereof or me intended use of as goads, is in area suit held in constitute infringement and the use of said equipment or pm is enjoined, the Seller shall, at its own expense and in its option, eidum procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but nofnRinging equipment or modify it so it becomes noninfdnging. 15.INSOLVENCY. If the Seller shall became imajoena or bankrupt make an asdgnmat for the benefit of Crcdimq appoint a neddem or msstee for any of the Sellers property or business, this order may fonhwam be angled by the Purchaser reprost liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights ofell parties hereunder shall be anstued under and govemd by the laws of the State ofColorwo, USA. The following Additional Conditions apply only in cases where the Seller is in perform work hereunder including the services of Sellers Representativen), on me premises oforded 17. SELLERS RESPONSIBILITY. The Seller shall catty on sold work at Seller's own risk until the same is filly completed and accepted, and shall, in ass of my accident, dmmedon or injury to the work enter materials before Sellers find compliment and mceptance. complete the work in Sellers awn expense and as the satisfaction of the Purchases. What nutedds and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at due site and become responsible therefor as though such materials maker equipment were being famished by flue Seller under me order. 18. INSURANCE_ The Seller shall, at his own expanse, provide for the payment of workers yearmagerem, including occupational disease benefits, in its employees employed on or in counection each the work covered by this purchase order, and/or or their dependents in accordance with the laws of the state in which as work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contracted and automobile public liability Insurance with bodily injury and death litres of at least S3W,OW for any one person, $500,000 for any one accident and property damage limit per accident of SE0,000. The Seller shall likewise require his wouraccors, if my, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shill do my work upon due premises of others, fie Seller shill famish the Purchaser with a catifiate fro such eampenmlion and insurance have been prodded! Such redificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the time when such compansation and insurance expires. The Seller agrees that such wmperesation and insurance shall be maintained until after the more work is completed and accepted. Pit PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ammo the more responsibility and liability for my and all damage, loss or injury of my kind or aware whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and dl clams, loses, damages, charges or apenses, whether direct or indirect and reflects, m persons or property, so which the Purchaser may be pm or subject by reason of my act melon, neglect omission or default N Ne pan of me Seller, my of his contractors, or my of the Sellers or contraction officers, agents or employee. In case my suit or other proceedings shall be brought against me Purchaser, or its officers, agents or employees at my time an account or by reason of my act, action, neglect, omission or default of the Seller of any of his contingent or any of its or their offices, agents or employees as aforesaid, the Seller hereby agrees in assume the defense thereof and to defend Ne same at the Sellers awn expanse, to may any and all wars, charges, wermarys fen and.,her expenses. my and all judgments that may air incurred by or obtained against the Purchaser or my of its or their offers. mems or employees in such suits or other proceedings, and in tare judgment or other lam be placed upon or obtained against the property of the Purchaser, or said parries in or as a result of such suits or other proceedings, the Seller wall w once cause the same to be dissolved rid discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary, for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitario0. the Occupations] Safety and Health Ad of 1970 and ill odes and regulations issued pursuant duerem. Revised 0712014