HomeMy WebLinkAbout518297 SLATE COMMUNICATIONS - PURCHASE ORDER - 9150412Fort Collins
Date: 01/16/2015
Vendor: 518297
SLATE COMMUNICATIONS
425 W MULBERRY ST #205
FORT COLLINS CO 80521
PURCHASE ORDER
PO Number Page
9150412 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: ENGINEERING DIVISION
CITY OF FORT COLLINS
281 N COLLEGE AVE
FORT COLLINS CO 80521
Delivery Date: 01/15/2015 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Horsetooh/Timberline Intersect 1 LOT LS 3,000.00
WO #SC400901812-15
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
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. COMMERCIALDETAILS.
Tax exempuom. By so m e the City of Fog Collins is exempt from state and land sues. Out Exemption Number is
I L NONWAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000589 is registered with the Collector of
Failure of the Purchaser to insist upon strict performance of the mass and conditions hereof, failure or delay to
Inertial Revenue, Denver, Colorado (Ref. Colorado Revised Streams 1973, Chapter 39-26, 114 (a).
exercise any rights or remedies provided herein ar by law, failure to promptly notify the Seller in the an, of a
breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of
Goods Rejaned. GOODS REJECTED due m 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 by renamed to you for credit and arc not to b, replaed except upon receipt of remain
purchaser to insist upon saint pert vice hereof or any of its rights or remedies as Is any such goods, regardless
instru<tiaw from the City of Fort Collin.
of when shipped, received or acepar e to any prior or solacement default Meuader, nor shall any patent
am[ modification or rescission of this purchase order by the Pumhauw operate as a waiver of any of the terms
Inspection. GOODS are subject m the City of Fort Collins inspection as consul.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in munase to this order an result in
IL ASSIGNMENT OF ANTITRUST CLAIMS,
authorized payment on the pan of the City of Fort Collins. However, it is in be understood that FINAL
Seller and the Purchaser reactance that in actual account practice, ovemhvges resulting from antitmet
ACCEPTANCE u dependent upon completion of all applicable required inspection procedures.
violations are in fact home by tine Purchaser. Theretofore, for good came and m consideration for executing this
purchase order, the Seller hereby assigns in the Purchaser any and all claims it may now have or heunfter
Freight Terms. Shipments must be FOB, City of Fan Collins, Nm Wood St., Fiat Collins, CO 80522. unless
acquired under federal or state antimed laws for such overcharges relating m the Particular goods or services
otherwise specified an this order. If permission is given m prepay freight and charge separately, the original freight
purchased or acquired by the Pmchasa pursuant to this uchars, order.
bill mull accompany invoice. Additional charges for packing will not be ace,mal.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. WMre manufacturers have distributing points in co us pans of the untry, shipment is
If the Purchssor ects the Seller to never nonconforming or defective goods by o date to be operated upon by the
dir
expected from the nearest distribution print m denin ince, and excess bright will be deducted from Invoice when
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments are made from prewar distance.
may cause the work to be performed by the most expeditious means available to it, and the Seller stall pay all
cols associated with such work.
Permits. Seller shall Income at sellers sole cost all necessary perms, cegifiwte and liaises r quird by all
applicable laws, mpla ierss, ordinances and roles of the suite, municipality, temmry or political subdivision where
the work is performed, or required by any other duly constiNted public authority having jurisdiction over the work
of vendor. Seller further, agates to hold the City of Few Collies kiamless from and against all liability and loss
incurred by them by a sown of an asserted or established violation of any such laws, regulations, ordinances, sales
and dequitemens.
Authorization. All ponies to this contract agree that the representatives are, in fact, bona fide and possess full and
complete authority th Find said parries.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the toms and candidates stated
herein set forth and any supplementary or additional acmes and conditions critical harem or incorporated herein by
reference. Any additional or different corms and conditions propomd by seller art objected to and hereby jested.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment w active on your
promised delivery data as rated. Time is of the ¢sear. Delivery end performance must be eReeted within the time
sorted on the pumkiu order sal me documents mmc6ed hereto. No arts of the Purchasers including, without
limitation, acceptance effaced lam deliveries, skill operate or a waiver of this provision. In the event crony delay,
the Purehea 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 for damages as a reult of delays
due to causes not reasonably foreseeable which one, beyond its maromble central and without its fault of negligence,
such new of God, arcs of civil or military suahoaities, govemmcntal priorities, fines, strikes, Most, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when she Seller first received knowledge thereof. In she event of any such delay, the dam of delivery shall be
extended far the rated qual ao the time actually lass by reason mine delay.
3. WARRANTY.
The Seller warrants that all goods, micros, materials and work covered by this other will coot with applicable
drawings, specifications, samples and/or other descriptions given, will be, fit for she 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 agrees to hold the purchaser harmless from any lass, damage or expense which the
Purchaser, may suffer or incur oa occount of thc Sellers breach of wvranly. The Seller shall replace, tepair or make
good, without cost to the purchase, any defects or Exalts arising within me (1) year or within such longer period of
time in may be prescribed by law or by the tams ofany applicable warranty provided by $e Seller after the date of
acceptance of the goods fromehed hereunder berepmnw not to be unreasonably delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver of any claim under this warranty. Except as otherwise provided in this pmchuse order, the Sellers
liability hereunder skill mind to all damages proximaely caused by the bunch ofany of de foregoing wamnties
or guarantees, but such liability skill in no event include loss of,mark; in loss of tree. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Paacheer may make changes a legal terms by written change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the names, other than legal terms, including additions to or deletions from
the quantities originally ordered it the s rarifintiam or drawings, by verbal is written change oNec it any such
change alfeas the amount due or the time of performance hereunder, an equitable adjustment shall be made.
6.TERMINATIONS.
The Purchaser may at any time by wrinca change uNcr, terminate this agreement as to any or all portions of the
goods than not shipped, subject to any equitable adjustment between the parties as to my work or materials then in
Progress provided that the Pumhamr shall not be liable for any claims for anticipated profits on the uncompleted
paninn of the good andrnr weak, far incidental or consequential damages, and Rest no such adjusrment be made in
favor of the Seiler with respect to my goods which are the Sellers standam stock. No such mrmiretion shall relieve
Me Purchaser or the Seller ofany of their obligations m to any good delivered heeunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjusrment most be acsated within thirty (30) days from the date the change or temeivation is
oNered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the goads am subject. The Seller shall execute and
deliver such documents as, may be required to effect or evidence mm,limae. All laws and regulations "word In be
newpormad in agreements of this character are hadeby mcoryotumd herein by this reference. The Seller agrees on
indemnify and hold the Putuhara, harmless from all cols and damages suffered by the Purchaser. o result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall wedge, ttamfer, or convey this order, or my monies due or to become due hereunder without the
prior written consent of the after pray.
10. TITLE.
The Seller warrants full, clear and umaar rawd tide to the Purchaser far all equipment, mammals, and items f isheJ
in perf cat of this agreement, fun and clear of any aM all lies, restrictions, aesesvations, secmiry interest
encumbrarrces and claims of.thers.
The Seller shall mleau the Purchaser and is contractors of any tier from all liability and claims of any nature
resulting from the performance ofsuch work.
This releae shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, officers and employees of such party.
The Sellers commercial obligations, including warranty, shall not be deemcl to be reduced, in my way, because
such work is performed or caused to no performed by the Purchaser.
14. PATENTS.
llTenever the Seller u required to use any design, device, material or proes, averred 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 me of such patented design, device, material or process in connection with the contract, and
shall indemnify the Purckiva for any cost, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution or after the completion of the work. In ease mid equipment, or
any pan thereof or the intended use of the good, Is In such suit held in conscience iofn'ngrment and the use of
said equipment or an is enjoined, the Seller shall, at its own .pens¢ and et its option, either procure far the
Purchaser the right w continue using said equipment or pans, replace the same with substantially equal but
wrio nfringing equipment, or modify it so it becomes mainMnging.
15, INSOLVENCY.
If the Sella shall became insolvent or bankrupt make an assignment fro the benefit of esedco s, appoint a
raceiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The denim icm of cams reed oat the imeryreation o(de agreement and the rights rall Indies hereunder shall be,
comenued order and goexmed by the laws of the State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Repmsntative(s), on the premises ofalhers.
17. SELLERS RESPONSIBILITY.
The Sella shall tarty oa said work at Sellers own risk mail the same is fully completed and accepted, end shall,
in e of any accident, destruction or injury 1. the work and/or worries before Selleh final completion and
acceptance, complete the work at Selleh own expense and to the satisfaction of the Purchases. When materials
sod equipment am famished by others for iremllation or nation by the Sella, the Seller shall receive, unload,
stare and handle same at the site and become responsible therefor m though such witeriabi and/or equipment
were being fumishcd by the Seller under the order.
18, INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including acupaieral
diseam benefits, to its employem employed an or in mmection with the work covered by this puchase order,
motor to thew de iandens in accordance with the laws of the state in which the work is to be done. The Seller
shall also Carty comprehensive general liability including, but not limited lo, command and automobile public
nmd by insurance wire Lwddy injury and death limits of at least S300,000 for any one person, 5500," for any
one accident and property damage limit per accident of $400,000. The Sella shall likewise require his
mntramon, if any, to provide fro such comperanam and imumnce. Befrm any of the Sellers or his contractors
employees shall do any work upon the premses of others, the Seller shall famish the Purchases with a certificate
that such compensation and insurance have been provided. Such certificates shall specify the date when such
compensation and insurance have been provided. Such cerificates shall specify the dam when such compensation
and Lesurance expire. The Seller agrees that such compensation and insurance shall be maintained mail after the
d nre work is completed and eceepter.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind
or nature whi mover to pure or property caused by or resulting from the execution of the work provided far in
this purchase order or in connection herewith. The Sella will indemnify and had harmless de Purchaser and my
or all of the Pomba as cheers, agents and employers from and against my and ell claims, I., damages,
charges or expenses, whether direct or indirect and whether to per are or property to which the Purchaser may
be put or subject by reason of my act, action, neglect, omission or default on the par of the Seller, any of his
concrete , or any of the Sellers or coturaatim ollicas, agents or employees. In rase any suit or other
proceedings shall be brought against the Purchaser, or its oMet., agents or cmployas at my time on account or
by reason of my net, action, neglect, omission or default of rM Seller of any of his mmradors or my of its or
Main officers, agents or employees as of said, the Seller hereby agrees to assume the defense thereof equal to
defend the same at the Sellers awn expense, to pay my and all casts, charges, ammeys fees and other expenses,
any and all judgments that may be incurred by or obtained against the runabout, or any of its in their oRcers,
agents or employees in such sums or other proceedings, and in case judgment or other lien be, placed upon or
obtained against the property of the Farmhamr, or said parties in at u a result of such Buis or otha proceedings,
the Sella will a once cause the same to be Mswlved and Maranon] by giving bond in otherwise. The Sella and
his contractors shall take all safety precautions, fumes, and install all grard necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all cures and regulations issued pursumfthereto.
Revised ()7n014