HomeMy WebLinkAbout110520 TRAFFIC SIGNAL CONTROLS - PURCHASE ORDER - 3300450Date: 01/14/03
City of Fort Collins
Page Number: 1 of 1
City of Fort Collins
Purchase Order Number: 3300450
Denvery Date: U-I1141U3 Buyer: STEPHEN, JOHN
Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence.
Note:
Line Qty/Units Description Extended Price
1 1 LOT 2,141.00
Load Switch/flasher and FTR tester
2 1 LOT
1,350.00
170/2070 TESTER (SUITCASE)
MFG SAFETRAN
Total 3,491.00
City of Fort Ccc�i ffi"n, Director of Purchasing and Risk Management
This order is rlpthalid over $2000 unless signed by James B. O'Neill Il, CPPO, FNIGP City of Fort Collins
Accounting Department
City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580 PO Box 580
Phone: 970-221.6776 Fax: 970-2211.6707 Email: infoQci.fort-collins.co.us Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
1. COMMERCIAL DETAILS.
Invoice Address. To ensure Prompt Payment mail invoices in duplicate to:
City of Fat Collins Accouming Division
P.O. Box 590
Fort Collins, CO 90522
Tax exemptions. By,taws the City of Fort C.Iii. is exempt from state and local axea. Om Exemption Number
is 98A4502. Federal Excise In Exemption Certificate of Registry 84-6000587 is registers] with the Collector of
IntmW Revwa, Denver, Colmada (Ref Colorado Revisnd Stouter 1993, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REYECTED due, failure, rnca specifications, other when shipped a der to defects
of damage in transit, may be resumed, you fa credit and are nut to be replaced except upon receipt of wrinm
instructions form the City of Pon Collins.
Inspection. GOODS ae subject w the City of Pon Collins inspection an rival
Final Acceptance. Receipt affix mmhendise, savior or equipment in response to this order can meant in authoaiad
payment an the pan of the City of Fan Collins. However, it is W be mdestood that FINAL ACCEPTANCE is
depmdent upon completion of all applicable required inspention procedures.
Freight Term. Shipments most be P O.B., City of Fan Collins, 700 Wood St, Fort Collins, CO 80522, unless
ehwwise specified an this ceder. If Permission is given to prepay ficight addition, separately, the original freight
bill must mcongsary invoice. Additional charge; fen packing will not be accepted.
Shipment Distance. Where manufmtnrers have dimibutin, polo in various parts of the country, shipment is
expected from the nmmt distribution pant, desubstion, and moss freight will he deducted form Invoice what
shipmate ere made from grease distance.
Permits. Sella shall procure at sellea sole cost all necessary Furman, ardfica,s and licensor required by all
applicable lawn, regulations, wshnmsa and rules ofthe state, mmicipaiity, taritory Or political subdivision when,
the work is pertmrrtd, or ryuvd by my othar duly crostiwted public authority havingjurisdichou over the work
of vmdm, Seller further egress to hold the City of Fort Collins harmless from and against all liability and less
incurred by than by reason of an wastd Or established violation of my such laws, regulations, ordinances, tales
andrequiremenm.
Authorization. All parties to this contract sirs that the representatives are, in fact, boot fide and possess full and
complete authority to bind said pantie.
LIMITATION OF TERMS. This Parchue Order expressly limits acceptance to the terms and condition stated
herein set forth and my supplementary, or additional terms and conditions amend here, or incorporated herein by
refncnce. My additional or different tiaras and conditions proposed by sells ace objects] to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT incesubmely if you canna make complete shipment, rive On your
promised delivery data as noted Time is of the essence. Delivery and performance most be effected within the tires
sensed an the purchase under and the documents switched herein No as] of the Purchases including, without
limitation, acceptance of partial late de wens, shall operate as a waives of this provision. In she went many delay,
the Purchaser shall have, in addition w other legal and amicable remedies, the optim of placing this order elsewhere
and holding the Sella liable fa damages. However, the Sella shall not be liable for damages a a result of delays
due w causes tot immunity famemble which arc beyond it mountable cartoon and without is fault ofnegligence,
such men of God, arm of civil a military mthorifis, go.tal prinntits, fires, strikes, flood, epidemie, was
or riots provided that atria of the conditions causing such delay is given to the Purchases within five (5) days ofthe
time, when the Sella fist received knowledge thereof. In the event of my such delay, the date of delivery shall be
extended fa the period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Sella waranm that all goods, articles, materials and work covered by this order will contain with applicable
domm , specifications, smrrpla andor other descriptions given, will be fit fa the Paps imended and performed
with the highest degree of cane and competence in accordance with accepted standards is work of a similar same.
The Sella We. w hold she purcbeem mmdeu from my loss, damage a opmse which the Purchaser may suffer
or incur an mcouut ofthe Sellers branch of warranty. The Sella mall replace, repair a make good without cost to
the purthwer, my def" or faults arising within me (1) you a within such longer period of time a may be
prescribed by law or by the term of any applicable warranty provided by the Sella after the date of acceptance of
the goads furnished hereunder (acceptance not in be unmasombly delayed), resulting flan imperfect or defective
work done ormaterials fumiahM by the Sella. Ameptence a use of goods by the Purchaser shall not comtimte a
waiver many claim unda this wamnty. Except as otherwise provided in this purchase order, the Sellers liability
hereunder shall wound to all do ago proxirumly cowed by the broach of my of the foregoing warranties or
guarantees, but such liability shall in an event include lass ofpmfits or loss close, NO IMPLIED WARRANTY OR
MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4, CHANGES IN LEGAL TERMS.
The Purchaser may make changes, legal term by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The purchaser msy make my charges in the tame, aha than legal miss, including additions to Or delaions from
the qumtitis ongwdly ordered to the specifications Or drawings, by verbal Or strident change order. If an, such
change all" the amount due or the time ofperf rm ence hereunder, an equitable adjustment shall he made.
6. THRMINATIONS.
The purchaser may a my time by woman change polar, terminate this agreement en , any or ell pumas of the
goods them nor shipped, subject to my equitable adjustment t hetwcs the parties as to my work Or materials then in
progress provided that she Purchaser shall nor be liable fa my claims for anticipated profile an the uncompleted
portico ofthe gas& and/or work, for incidental Or damages, and that no such adjustment be made in
ova of the Sella with respect to my goods which are the Sellers standard smock. No such termination shell relieve
the Purchaser or the Sella of my of their obligations as w my goods delivered hereunder.
1. CLAIMS FOR ADFUSTMENT.
Airy claim for adjustment otrm be ssmd within thirty (30) days fian the data she change a arrrdnstion is ordered.
8. COMPLIANCE WITH LAW.
The Sella waranm that all goods sold hereunder shall hove barn pro ho al, to, delivered and famishedin stria
compliance with all applicable laws and regulations in which the goods are subject. The Sella shall secure and
deliv. such documenm an may Na required to effect or evidmm compliance. All laws and regulation squired in
he inmrpaateA in sponsors of this character am herby incorporated herein by this refamce. The Seller ogress
to indemnify and hold the Purchases hmmles from all costs and damages suffered by she Purchaser as a result of
the Seller failure to staff, with such law.
9. ASSIGNMENT.
Neither pony shall assign, transfer, or convey this Order, or my monies der a, bacons, der he ender without the
Our wrinm consnnt ofhe nth, party.
10. TITLE.
The Sella warmtsfallclear in performance of this agreement, and cltietwle of my
and aall lies, lrrestrictions,eqtrurestrictions,s, , rreservations,Warvationaed, sehenensriryfi imnfeerhes]m encumbrances and claims of others.
11. NONWAIVER.
Failure of the Purchua W hand upon strict performance, of the terns and conditions hereof, failure or delay to
trice my rights or mrsolim provided herein or by law, failure in promptly notify the Sella in the ever of a
breach, the acceptance of a payment fen goods be ewo r a approval of the design, shall nee rclsse the Sella of
any of the waemtics or obligations of this purchase order and shall not be deemed a waiver of my right of the
purchase to inam upon strict performance heada any of its rights a mono di. a w my such goads, regmdless
of what shipped racived Or accepted, as in my prig a subsequent default M1ereundar, nor shall my purported and
modification or raussim of this purchase order by the Purchaser operate a aweiva of my of the terms hermf.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in socal aonomic practice, m acM1ages resulting ft—aatimut shism ot
are in fact boom by the Point.. Theratofae, fa good cage and. mrWdvnd. for ammting this pmch.e ado,
the Sella hereby assigns to the Putchua my and all claims it may now have or haeeRer acquired under fedml a
state mtimnst laws for such overcharges relating, the pmtimlw goods or savior purchased or acquired by the
Purchaser pursuant to this purchase order.
13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser dams, the Sellers. t muconfaming a defective goods by a data In be a greed upon by the
Purchaser and the Sella, and the Sella thereafter indicates its inability or unwillingness in comply, the Purchaser
may cause the work to be pafomud by the most expshmas means available to it, and the Sella shall pay all cram
associated with such work.
The Sella ,ban release the Purchaser and is contractors of my ties from all liability and claim of my nature
resulting from the performance of such work.
This release shall apply avm in the event of ft ofnegligatce of the party released and mail extend to the direasas,
officers and employees of such party.
The Sellers cmaacwal obligations, including warranty, shall nee be deermed 0 be reduced, in my way, beams, such
work is performed or caused w be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required, ace my design, device, mommil or prows covered by letter, patent, trademark
or copyright, the Sella shall indemnify and save harmless the Purchase fman my and all claims fa infringement
by reason of the ace of such patented design, daies, material Or process in connection with the contract, and shall
indemnify the Purchaser fen my con, expense in damage which it may be obliged to pay by mum of such
infringement a my time during the ons micro Or after the, completion of the work in case said minimum, amy
part thereof or the intended use of the grade, is in such suit held in constitute management and the use of said
equipment a pat is enjoined the Sella shall, at is own expense and m its option, either procure fa she Pardoner
the right, cantina wing said equipment or parts, replace the sine with substantially equal but non -infringing
equipment, err modify it so it becomes non -infringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an euignmmt fa the benefit of adiwma, appoint a rcceiva
a trustee fa my of the Sellers property a hwimse, this Order may forthwith be canceled by the Purchaser without
liability.
16. GOVERNING LAW.
The defichims of more used a the mtapmama of the agreement and the rights of all polio herewida "I be
commiced under and governed by the laws of the State of Colorado, USA.
The following Additional Conditions apply only in cues where the Sella is in perform work hereunder, including
the services of Sellers Representative(s), on the premise of others.
17. SELLERS RESPONSIBILITY.
The Sella shall tarty on said work at Sellers own risk until the some is (ally completed and accepted. and shall, in
cue of my accident, destruction a injury to the work and/or materials before Sellers final completion and
acm,now, complete the work at Sellers cam expanse and in the adsfantim, of the Pumbasa. When materials and
equipment ate fumishs]by others fa ineWlarian a acr:tion by the Sella, the Sella shall receive, unloed, ins e and
handle sane at the site and become responsible therefor as, though such materials and/or equipment were being
furnished by the Sells under the order.
19. INSURANCE.
The Sella shall, a his own expense, provide fa the payment of wmkers compemation, including coupational
diaeue awfim, to is employes employed on or in mmredon with the work mvaed by this puchow aides, and -
to their depmdenm in accordance with the laws of the sale in which the work is to be done. The Sella shall also
carry comprehensive general liability including. but not limited to, comentuel and mtoarmbile public liability
insurance with bodily injury and death limits of a 1. 5300,000 for my one person, $500,000 fa mY ane mcident
and property, damage limit pa accident of 5400,000. The Sella shall likewise require hie omfmotes, if my, to
provide for such compensation and insurance. Before my of the Sellers in his contrmtws employees shall do any
work upon the premiss of others, the Sella shall furnish the Purchaser with acertificaa that such wnrpmutim and
insurance have hem provided Such madfieson shall specify she done when such composition and insumnce have
been provided. Such ceeilows shall specify the date what such compensation and immense expire. The Sella
agrees that such compensation and insurance shall be maintained and after the sort weak is completd and
accepted
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller bmby socau s the entire rcspmeibility and liability for my and ill doage, lose or injury of my kind
a nature whemoeva no persons a property cursed by or resulting from the execution of she work provided for in
this patch. orals or in arum tine baewho, The Sella will indemnify aol hold harmless the Push.a and any,
"I oftlre Purchases offices, agents and employe. tram and against my and all claims, loua, damage, things
expenses, whether direct a indirect, and whether to persons on property to which the Purolator may be put or
ubjea by reaan of my sel, action, cede s, omission or default on the pert of the Sella, my of his sanhounces, or
my of the, Sell. or connectors officers, agars a anployesm eau my suit a slur proceedings shall be bronght
against the Purchaser, or its offices, sgatm or employees se my time on amount a by mseon of my ant, action,
neglect, mnissim a catch of she Sella ofmy of Is com ass; or my aits Or char officers, agents or employee
as eformed, the Sella hereby issue to assume the def a thereof and to defend she score at the Sellers own
wirers, w pay my and all corm, shags, an.,. fee and other operas, my and all judgment; that may be
incurred by or obtained mains, the Purchaser M my of its or dear offices, more aersrployas in such suite Or atlas
procedinga, and in cue judgment a other lien be placed upon Or obtained against the property of the Porch war,
or said Fortis in or as a «soil of such suits a ether proceedings, the Sella will at man cause the era to be
dissolved and diuhags] by giving hods otherwise. The Sella and hie cadnaWa dull take all safety Promtions,
furnish and await all guards summary for she prevention of scoidenm, comply wish all Inws and regulasiau with
regard to safety including, but withant liummion, she Oavpatimal Safety and Health Ad of 1970 and all Mo and
sgulatiow issued po sumt thereto.
Revised 11/9