Loading...
HomeMy WebLinkAbout110520 TRAFFIC SIGNAL CONTROLS INC - PURCHASE ORDER - 3212069City of �,.F.�o_rt Collins PURCHASE ORDER PO Number Page 3212069 1 of 2 This number must appear on all invoices, packing slips and labels. Date: 01/06/2012 Vendor: 110520 Ship To: TRAFFIC OPERATIONS TRAFFIC SIGNAL CONTROLS INC CITY OF FORT COLLINS 255 WEAVER PARK RD #100 626 LINDEN STREET LONGMONT Colorado 80504 FORT COLLINS Colorado 80524 Delivery Date: 01/06/2012 Buyer: JOHN STEPHEN Note: 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. Line Description Quantity UOM Unit Price Extended Ordered Price Traffic Signal Supplies 1 LOT LS 30,000.00 Annual Cam, c3. oi�Q s� U City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 $30,000.00 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. COMMERCIAL DETAILS. Tax exemptions By statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is 11. NON WAIVER. 98-(N502. Federal Excise Tax Exemption Certificate of Registry 94.6001557 is registered with the Collector of Failure of the Purchaser to insist upon strict performance ofthe terms and conditions hereof 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 ofthc design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or disc to defects of any ofthe warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of w'Thiess purchaser to insist upon strict perfonnnnce hereofor any of its rights or remedies as to any such goods, rcganllcss instructions from the City effort Collins. of when shipped, received or accepted, as to any prior or subsequent defnult hereunder, nor shall any postponed oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAI NIS. authorized payment on the pan of the City of Fon Collins. However, it is to he understood that FINAL Seller and the Purchawr recognize that in actual economic practice, overcharges resulting from antim9 ACCEPTANCE is dependent upon completion ofoll applicable required inspection proec lmr,. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order. the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.N., City of Fan Collins. 700 Wood St., Fort Collins. CO 90522. unless acquired under federal or state antitrust laws for such overcharges rclaling 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 Purchnscr pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted, Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the ncacst distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Pcmim Seller shall pmeum at sellers sale cast all necessary permits, ecnificates and licenses required by all applicable laws, regulations, ordinances and riles ofthe state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances. n des and requirements. Authorimtion. All parties to this contract agree that the representatives are. in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by scllerarc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is ofthc essence. Delivery and performance next be effected within the time stated on the purchase order and the documents anached hereto. No acts of the Purchasers including. without limitation, acceptance ofpanial late deliveries, shall operate as a waiver ofthis provision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable rcmcdim, the option ofplocing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable far damages as a result of delays due to causes not reasonably foreseeable which arc beyond its =enable control and without its fault ofncgligcnce. such acts of Gad, acts ofcivil or military authorities, go, cnmcntal 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 time 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 actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this oiler will conform with applicable drawings, specifications, samples and/or other descriptions given, will he fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a ..similar nature. The Seller agrees to held the purchaser hamlcss from any lass, damage or expense which she Purchaser may suffer or incur on account of the Scllcrs breach of warranty. The Seller shall replace, repair or make good, without cost to the purchases, any defects or faults arising within one (I I year or within such longer period of time as may be prescribed by lawor by the terms of any applicable wamnty provided by the Seller after The date of acceptance of the goods finished hereunder acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials finished by the Seller. Acceptance or use of goods by the Purchawr shall not constitute a wan cr of any claim under this warranty. Except as otherwise provided in this purchase order, the Set lets liability hereunder shall extend to all damages proximately caused by the breach Many of the foregoing wamntics or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal teens by written change order. 5. CHANGES M COMMERCIAL TERNIS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions (rem the quantities originally ordered in the specifications or drawings. by verbal or w ntscst change order. If any such change affects the amount due or the time ofperfomance hereunder, an equitable adjustment shall be made. fi. 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 tr any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchnscr shall not be liable for any claims for anticipated profits on the ancemplcmd portion ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any good which ate the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any 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. S. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and finished in strict compliance with all applicable laws and regulations to which the grads arc subject. The Seller shall execute and deliver such documents as may be requited to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamlets form all costs and damages suffered by the Purchaser a a result ofthe Scllcrs failure to comply with such law, 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hemunder without the prior rsminen consent ofthe other party. 10. TITLE. The Seller wamnts full. clear and unrestricted title to the Purchaser her all equipment, materials. and items famished in performance of this agreement. free and clear of any and all liens, restrictions, reservations security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date 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 expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors array tier form all liability and claims of any nature resulting form the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall cstend to the dimctors. ofcers and employees of such parry. The Seller's contractual obligations, including wamnty, shall not be doomed to be reduced, in any way, because such work is perfomcd or caused to he performed by the Pumhuscr. 14. PATENTS. Whenever the Seller is required to use any design, device, material or pmccss covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser form any and all claims for infringement by reason of the use of such patcmcd design. device, material or pmccss in connection with the contract, and shall indemnify the Purchaser for tiny cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the pmsccution or after the completion of the work. In case said equipment, or any 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 its own expense and at its option, either presents, for the Purehawr the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it beenmcs aoninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or honkmpT, make an assignment for the benefit of creditors. appoint a receiver or mistee for any of the Sellers pmperry or business, this order may forthwith be canceled by the Purchaser without liability. 16, GOVERNING LAW. The definitions oftemw used or the interpretation ofthe agreement and the rights of ell panics hereunder shill be construed under and governed by the laws ofthe State of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Represcri ative(s), on the premises archers. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Scllds own risk until the same is fully completed and accepted, and shall, in ease of any accident, damclion or injury to the work and/or materials before Seller's final completion and neceptanec, complete the work it Seller's own expense and to the satisfaction ofthe Purchaser. When materials and equipment are furnished by mhcre for installation or erection by the Seller, the Seller shall receive, unload. store and handle same at the site and become respnnsiblc therefor as though .such materials and/or equipment were being Finished by the Seller under the order. IS. INSURANCE. The Scllcr shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits to its employees employed on or in connection with the work covered by this purchase order, molter to their dependents in accordance with the laws of the state in which the work is to he done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance .with bodily injury and dears limits arm least S300.000 for any one wr,nn. SSM.000 for any one accident and propcnv damage limit per accident of S40001). 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 famish the Purchaser.with a eer ificme that such compensation and insurance have been provided. Such certificates shill specify the date when such compensation and insurance have hcen provided. Such certificates shall specify the date when such eompeasainn and insurance expires. The Scllcr agrees that such compensation and insurance shall he maintained until after the entire work is completed and accepted. 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 whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamlcss the Purchaser and any or all of the Purchasers ofTccts, agents and employees from and against any and all claims, losses. damages. charges or expenses, whether direct or indirect, and whether to persrns or property to which the Purcbaser may be put or subject by moon of any act, action, neglect, omission or default on the pan of the Seller. any of his contractors, or any M the Scllcrs or contractors officers, agents or employees. In case any suit of other pmcccdings shall be brought against the Purchaser. or its officers, agents or 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 its or their oRcers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers no expense, to pay any and all costs, cleargex, ammacys fees and other expenses, any and ell judgments that may he incurred by or obtained against the Purchaser or any of its or their officers, ,agents or employees in such suit or other pmcccdings, and in case judgment or other lien be placed upon or obtained against the property of the Purchnscr, or said panics in or as a result of such suits or other pmcccdings. the Scllcr will at once cause the same to he dissolved and discharged by giving bond or otherwisc. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of ,accidents. Temple with all laws and regal,atiom with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all mles and regulations issued pursuant thereto. Revised 03/2010