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HomeMy WebLinkAbout533246 US STANDARD SIGN - PURCHASE ORDER - 3215303Fort Collins Date: 01/13/2015 Vendor: 533246 US STANDARD SIGN 11400 W ADDISON AVE FRANKLIN PARK IL 60131 PURCHASE ORDER PO Number Page 3215303 1o12 This number must appear on all invoices, packing slips and 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 1 Sign Supplies 1 LOT LS 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 25,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80622-0580 Page 2 of 2 L COMMERCIALDETAILS. Tu exemptions. By statute the City of Fog Collins is exempt from stare and local taxes. Ow Exemption Nomber is 98-04501. Federal Excise Tax Exemption Cenificam of Registry 84-Woo5G is registered with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Statures 1993. Changer 39Q6, 114 (a). Goads Rejected. GOODS REJECTED due to failure to men specifications, either seem shipped or due to defects of damage in transit, may be returned to you for credit and are not to be replaced except upon gwww of winters instructions from the Cory of Fog Collins. Inspection. GOODS are subject to the City of Fen Collins insyation on agival. Final Acceptance. Receipt of the merchandise, services or equipment in response as this order can result in authonsed payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments must or FOB., City of Fog Collins, 900 Wood Se, Fon Collier, CO 80523, unless otherwise spenfied on this order. If pmrdssion is govm to prepay freight and charge separately, the original freiplo, bill must accompany invoice. Additional charges for packing will rat be, accepted. Shipment Distance, Whet manufacturers have wrogrting points in us gags of the country, shipment is expected from the nearest distribution paint to destination, and excess freight will be deducted from Invoice when shipments are made from grater distance. Permits. Seller shall procure at sellers sole cost ill necessary permits, cemficater and licenses required by all applicable laws regulations, ordinances and rules of the sure, municipality territory or political subdivision where the work is performed, or required by my other duly mnstimted public aumonty having jurisdiction over the said, of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss tortured by them by reason of an asserted or esmblished violated of my such laws, regulations, ordinances, rules and rryuiremmts. Aomoriution. All parties to this recover agree that the represmtanym are, in fact, bona fide and possass full and complep east m bind said panes. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated herein set foM and my supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different ermt and conditions proposed by seller are objected to and hereby rejected. 3. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you tamed make complete shipment m arrive an yaw 9rome ed delivery date as noted. Time is ofthe essence Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No arts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition m other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, she Seller shall not be liable for damages as a result of delays due in causes not reasonably foreseeable which are beyond as reasonable central and wimom its fault of negligence, such arts of God, acts of civil or military warnings, governmental Ponder, fires, strikes, Bond, epidemies, wars or hots prodded that nonce of the commom causing such delay is given to the Pwdtazer within five (5) days of she time whin the Seller first received knowledge thereof In me event of my such delay, the date of delivery shall be expanded for the period equal to the time actually Ind by reason of the delay. 3. WARRANTY. The Seller warrants that all goods. mticle , materials and work covered by this order will conform with anplicads drawings, specifications, samples and/or other descriptions two, will be fir for the purposes imendeE, and perfogned with the higher degree of care and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of waganty. The Seller shall replace, repair or make good, wimow cast he the purchaser, my defects or faults wising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of my applicable wmanty provided by the Seller after the date of acceptance of the good fumiahed hereunder (mcepronce not to at mreuonably delayed), resoling from inn'tfect it defective work done or materials furnished by the Seller. Acceptance or use of goads by the Purchaser shall not constitute a waiver of any claim under this warrmry. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my ofthe foregaing warranties or guarantees, but such limility shall in no event include loss of profics or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchases may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the terms, other hand legal terms, including additions to or deletions from me quarmines ordinary ordered in the specifications or drawings, by vema or wrawn change order. If any such amount change affects the due or the time of performance hereunder, muip eqble adjustment shall late made. 6. TERMINATIONS. The Purchaser may re my time by written change order, terminate this agreement as 10 any or at Pinions of the goods then not shipped, subject to my equitable adjustment between the parties as to my work or materials then in progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted portion of he good and/or work, for incidental or consequential damages, and mat no such adjustment be made in favor of the Seller with restorer to my goods which are are Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of my of their obligations as to my goad delivered beremder. Y. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thigy (30) days from the date the change or termination is ordered 8. COMPLIANCE ATIH LAW. The Seller warrants that all goods sold hereunder shill have been produced sold, delivered and famished in wrin compliance with all applicable laws and regulations to which the brood are subject. The Seller shall execute and deliver such documents as may be required re, effect or evidence compliance. All laws and regulations required to be ncoryorated in agtements of his character are hereby incorporated herein by his reference. The Seller agrees ed indemnify and hold the Purchaser handless from ell costs and damages suffered by me Purchaser as a result of he Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or my monies due or to became due hereunder within the Junior wdnen consent of the other parry. 10. TITLE. The Seller wamnts full, clear and uvrestdered tide to the Purchaser for all equipmmk materials, and items famished on perfoe manse of Jos agremmk free and clear of any and all liens, restrictions, reservations, wronry imeren encumbrances and claims i fohe s, I I. NONWAIVER. Failure of the Pumhaser to word upon gran performance of the terms and conditions hereof, failure or delay to exercise any tights or remedies prodded herein or by law, failure to promptly trodly the Seller in the event of a breach the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waver of any right of the purchaser to insist upon strict performance hens for any of its rights or remedies as 0 any such goods, regardless of when shipped, received or accepteL u to any prior or subsequent default hereunder, nor shall any purywom oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the term hereof 1I. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser rewgnlu that in actoil economic practice, overcharges resulting from antitrust violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, me Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overcharges relating to the panocular good or services pwchazed or acquired by the Purchaser pursuant ro this purchase order_ 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a data to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditions means available to It and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of my net frnm all fiargo, and clams of my nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend se the directors, officers and employees of such parry. The Selleh contractual obligations, including whomnry, shill not be deemed to be reduced, in my way, because such work is perfoamed or caused to be performed by the Purchaser. 14. PATENTS. Whenever me Seller is required to use my design, device, marenal or process covered by least, parent, trademark or copyright he Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement by reason of the use of such parented design, device, mareriil or process in comrecdon with the canmarq and shill indemnify the Purchaser for my wort, extreme or damage which it may he obliged be pay by reason i f such infringement at my time during the prosecution or after the completion of the work. In case said equipment or my pan thereof or the intended use of the good, is in such suit held to constitute infringement and the use of sad equipment or pan is enjoined, 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 he same with substantially equal but noninfringing equipment or highly it so it becomes noninfnnging. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt make an assignment for me benefit of creditors, appoint a receiver or comme for my of the Sellers propeM or business, this order may fonhw.h be targeted by the Purchaser warrant liability. 16. GOVERNING LAW. The definitions of terms rased or the intemadamin of on agreement and the rights of all Fames hereunder shill be consuued order and governed by the laws of the Store of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is m peaonn work herandea including the servicesof Sellers Represedogivefs), on the premises of orhers. IV. SELLERS RESPONSIBILITY. The Seller shill carry an said work at Sellers own risk until the same is fully completed and accepted, and shall, in case of my seddem. deamction or injury to the work and/or mammals before Sellers Bnil completion and acceptance. complete the work a Sellers own expense and to the satisfaction of she Pwchsser. When materials and equipment are famished by others for instillation or erection by the Seller, the Seller shall receive, orread, store and handle same at the site and become responsible therefor as though such materials mdlor equipment were being famished by the Seller under the order. Is, INSURANCE. The Seller shill. at his own expanse, promide for the prevmem of workers compensation, including occupational disease benefits, to its employees employed on or in connecuou each the work covered by this purchase order. and/or to their dependents in accordance with the laws of the spur in which the work is to h done. The Seller shall also carry comprehensive general liability including, but not limited to, comrecmal and automobile public liability insurance with bodily injury and death limits of at least E300,00j) for any one person, $500,000 for any one accident and property damage limit per accident of S400,030. The Seller shall likewise require his contractors, if any. to provide for such compensation and insurance. Before my of are Sellers or his dangerous employees shall do my work ripen the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such crunficares shall specify me dace when such orpensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees doer such compensation and insurance shall be maintained until after me more work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby summers the more responsibility and liability for my and all damage, loss or injury of my kind or nature whatsoever to persons or propeM caused by or resulting farm 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 my or all of the Purchasers officers, agents and employees from and against my and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether m Ferman it property to which the Purchaser may be put or subject by reason of my act ration, neglect omission or defult on the pan of the Seller, any of his coninetors, or my of the Sellers or contractors officers, agents or employee. In case my suit or other proceedings shall be brought agairmn he Purchaser, or it officers, agents or employees a my time an assured or by reason of my act, action, negJxt, omission or default of the Seller of my of his contractors or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees m assume the defense thereof and to defend the same at doe Sellers own expense, to pay my and all costs, charges, attorneys fees and other expenses, my and ill judgments that may be incurred by or obtained against the Purchaser or my of as or their officers, agents or employee in such outs or other proceedings, and in case Judgment or other tom be placed open or obtained against he prop" of the pwchazea or said pane in or as a result of such suop or when proceedings, the Seller will at once cause he same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, fmnlsh and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but woman limiption, me Occupational Safety and Health Act of 1970 and all soles and regulations issued pursuant herero. Revised OM014