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HomeMy WebLinkAbout108976 L & M ENTERPRISES - PURCHASE ORDER - 9147355PURCHASE ORDER PO Number Page City Of9147355 1 of z Collins This number must appear F6r} C ,y`�_J`"' ` " on all invoices, packing slips and labels. Date: 04/17/2015 Vendor: 108976 Ship To: ENGINEERING DIVISION L & M ENTERPRISES CITY OF FORT COLLINS 735 E HWY 56 281 N COLLEGE AVE BERTHOUD CO 80513 FORT COLLINS CO 80521 Delivery Date: 12/11/2014 Buyer: JOHN STEPHEN Note: This purchase order is subject to the Terms and Conditions of the Contract established between the City of Fort Collins and L&M Enterprises dated as November 14, 2014 for Bid No. 8016 SH392 & 1-25 Community ID Signs incorporated herein by reference. Line Description Quantity UOM Unit Price Extended Ordered Price 2 I-25/SH 392 Interchg.Signage 1 LOT EA 775.38 Change order #1 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 invoices @fcgov.com Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is It. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Interval Revenue, Denver, Colorado (Ref. Colorado Revised Stamles 1973, Chapter 39-26, 114 (a). exercise any right or remedies provided herein a by law, failure to promptly notify 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 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 returned to you for credit and are tat to be replaced except upon receipt of written pumhawr to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terns Inspection. GOODS are subject to the City of Fort Collins impaction on arrival. 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 part of the City of Fort Collins. However, it is to be understood that FINAL Sella and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchases. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufachrters have distributing points in various parts of the country, shipment is If the Purchaser direct the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Sella therafter indicates it inability or unwillingness to comply, the Purchaser shipment are made from greater distance. may cause the work 0 be performed by the most expeditious means available to it, and the Seller shall pay all cost associated with such work. Permit. Seller shall procure at sellers sole cost all necessary permit, 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 my other duly constituted public authority having jurisdiction over the work of vendor. Sella further agrees to hold the City of Fort Collins harmless from and against all liability and lass incurred by them by reason of an asserted or established violation of my such laws, regulations, ordinances, rules and requirement. Authorization. All parties to this contract agree drat the representatives are, in fact, born fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limit acceptance to the tames and conditions stated herein set forth and my supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional a different terra and conditions proposed by sells are objected to and hereby rejected. 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 essence. Delivery and performance most be effected within the time stated on the purchase order and the document attached hereto. No acts 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 to other legal and equitable remedies, the option of placing this order elsewhere and holding the Sella liable for damages. However, the Sella shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond it reasonable control and without its fault of negligence, such act of God, act of civil or military authorities, govemmrnisl priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the lime when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actual ly lost by reason of the delay. 3. WARRANTY. The Seller warrant that all goads, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards 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 warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or fault arising within one (1) year or within such longer period of time as may be prescribed by law or by the [emu of my applicable warranty provided by the Sella after the dale of acceptance of the goods f rousbed hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials fumished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute 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 of my of the foregoing warranties or guarantees, but such liability shall in no event include lass of profit or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. 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 terms, other than legal arms, including additions to or deletions from the quantum originally ordered in the specifications or drawings, by verbal or written change order. If any such change effect the amour[ due or the time of peRormmce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions 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 nor be liable for my claims for anticipated profit on the uncompleted potion of the goads and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Sella with respect to any goods which are the Sellers standard stock. No such termination, shall relieve the Purchaser or the Sella of -my of their obligations as to my goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW, The Sella warrant that all goods cold heeunder shall have been produced, sold delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such document as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreement of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all cost and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the prim written consent of the other party. 10. TITLE. The Sella warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of my and all liens, restrictions, reservations, security interest encumbrences and claims of others. The Seller shall release the Purchaser and its contractors of my tier from all liability and claims of any nature resulting from the performance of such walk. This release shall apply even in die event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Sella is required to use my design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement by reason of the use of such patented design, device, material or process in correction with the contract, and shall indemnify the Purchaser for my cost, expense or damage which it may be obliged in pay by reason of such infringement at any time during the prosecution or after the completion of the work. In rase said equipment, or my part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at it own expense and at it option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it an it becomes noninfringing. 15. INSOLVENCY. If the Sella shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for my of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used a the interpretation of the agreement and the right of all parties hereunder shall be conatmed under and governed by the laws of the State of Colorado. USA. The following Additional Conditions apply only in cases where the Sella is in perform work hereunder, including the services of Sellers Representative(s), an the promises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry an said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work ardor materials before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or auction by the Seller, the Sella shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Sella under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefit, to its employers employed on or in connection with the work covered by this purchase order, and/or to their dependent in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limit of at least S300,000 for my one person, $500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have ban provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date what such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the =tire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire responsibility and liability for my and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in correction herewith. The Sella will indemnify and hold harmless the Purchaser and my or all of the Purchasers officers, agent and employers from and against my and all claims, losses, damages, charges or expenses, whether direct a indirect, and whether to persons or property to which the Purchaser may be put or subject by mason of my tat, action, neglect, omission or default on the part of the Seller, my of his contractors, or any of the Sellers or contractors officers, agent or employees. In case my suit or other proceedings shall be brought against the Purchaser, or its officers, agent a employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of it or their officers, agent or employees as aforesaid, the Sella hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, m pay my and all cost, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchase or my of it or their officers, agent or employers in such suit or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such suit or other proceedings, the Sella will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accident, comply with all laws and regulations with regard in safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuer the so. Revised 03/2010