HomeMy WebLinkAbout319656 WANCO INC - PURCHASE ORDER - 9122045City of
art Collins
Date: 04/10/2012
Vendor: 319656
WANCO INC
5870 TENNYSON ST
LAKEWOOD Colorado 80003
PURCHASE ORDER
PO Number Page
9122045 1of2
This number must appear
on all invoices, packing
slips and labels.
Ship To: STREETS DEPARTMENT
CITY OF FORT COLLINS
625 NINTH STREET
FORT COLLINS Colorado 80524
4�C_-� i .
Delivery Date: 04/10/2012 Buyer: JAMES HUME
N ote:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 2 each - WANCO
WTMMB-(A)10 Variable
1 LOT LS
MSG BOARDS PER STATE OF CO AWARD #311000359
W/OPTIONS: HEIGHT ADJUSTABLE PINTLE HITCH
SOLAR ASSISTED STANDARD 3 LINE TRAILER MGB BOARD
SMART PHONE REMOTE PROGRAMMING
IP DIGITAL MODEM TO BE CONFIGURED FOR VERIZON
Dept: Streets
Deliver units & title documents to:
Fleet Main Shop, 835 Wood Street, Fort Collins, CO 80521
contact phone: 970-221-6613
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
27,218.00
Total
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchasc Ordcr Talus and Conditions
Page 2 of 2
I. COMMERCIAL DFTAILS.
Tax cvco,,umnc Hy stunue the City of Pon Collins is cscmpt fmm state and local taxes, Our Exemption Number is
"-0,1502, Federal Escim Tax Exemption Certificate of Registry 84-6000557 is registered with the Collector of
Internal Rcvenuc. Denver. Colorado (Ref. Colorado Revised Statutes 1973- Chapter 39 26. 114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in transit. may be retumcd to you for credit and are not to be replaced except upon receipt of I%finco
mstmetions from the City Of Fort Collins.
Inspection. GOODS arc subject to the City of Fon Collins inspection on arrival.
II. NONWAIVER.
Failure of,he Purchaser in insist opon strict performance fthe lens and cmmditiens hereof, failure or delay to
exercise any rights or remedies provided herein or by law. failure to pmmptly notify life Seller in the event of n
breach, the acceptance efor payment for goods hereunder or approval of the design, shall not release the Seller of
any of the wammies or obligations of this purchase order and shall not be deemed a waiver of any right of the
purchaser to insist upon strict performance hcrenfm any of its rights or rcmcdics as many such grw.ds, regardless
of rehcn shipped. received or accepted, as to any prior or subsequent default hereunder, nor shall any purpnned
on1 modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
hereof.
Final Acceptance. Receipt of the merchandise sen'ices Or equipment in response in this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized pn)mcnt on the pan of the City of Fen Collins" However, it is 1. he understood that FINAL Seller and The Purchaser recognize that in actual economic practice. overcharges resulting front antitms,
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact borne by The Purchaser. Theretofore. for good critic and as consideration for executing this
purchase oulcr, the Seller hereby assigns to the Purchaser any and all claims it naey nnv have Or hereafter
Freight Tents, Shipments most be P.O.B.. City of Top Collins, 700 Wood St., To" Collins, CO 90522, toles acquired under federal or swc antitrust Imes for such overcharges relating to the particular goods or services
othcr.visc specified on this Order. If permistion is given to prepay freight and charge .sepemtdy, the original freight purchased or acquired by the Purchaser pursuant to this purchase enter,
bill must accompany invoice. Additional charges for packing will not he accepted.
13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where onanefncturem have distributing points in various pans of the conmry, shipment is Tithe Purchaser directs the Scllcr to correct nonconforming or defective goods loin drag to he ogrecnl upon by life
expected frmn the nearest distribution point to datinntinn, nail excess freight mill be deducted frmn. hwoice when Purchaser and the Scllcr, and the Scllcr thererOcr indicates its inabi lily or umvill i Ogress To comply, the Purchaser
shipments arc made from greater distance. may cause The work to be performed by the must expeditious means available to it. and the Seller shall pry all
costs asmcimcd is such work_
Permits. Seller shall procure at <dlcrs sole cost all ncccc asp' pcmits, certificates and licenses required by all
applicable Imes. regulations, ordinances and roles of the state, municipality, territory Or political subdivision "bete
the work is performed, or required by any other duly cmmun t d public authority having jurisdiction over The Ivo,k
of vendor. Seller fimher agrees to hold the City of Fon 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. rules
,and requirements.
Authorization. All panics in this contract agree that the representatives arc, in fact, burn fide and possess fill and
complete authority to hind said panics"
LIMTTATION OF TERMS. This Purchase Order expressly limits acceptance to the tents and conditions stated
herein set forth and any supplementary or rdditional terms and conditions annexed hcrctn or incorporated herein by
rcfcrcncc. Any additional Or difrcrent terms and conditions pmpnsed by seller arc objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCIIASING AGENT immediately if you cannot make complete shipment 1. anivc on your
premised delivery date as noted. Time is of the essence. Oeliyery, and perfomancc most he effected within the time
stated on the purchase order and the documents attached hcrctn. No acts of the Purchasers including, wilhoul
limitation. acceptance of fu nial late deliveries, shall Operate as a waiver ofthis prevision. In the event of any delay,
The Purchaser shall have, in addition to mhcr legal and equitable rcmcdics, the option of placing This order clsca'hem
and holding the Seller liable for damages. Nooxvrq the Seller shall not be liable for damages as a result of delays
due to causes not reasonably foreseeable which arc beyond its reasonable control anti Without its fault of negligence.
such acts Of Gad, acts of civil or military authorities, go, command priodtics, fires. strikes, flood, epidemics. urns or
riots provided that notice of the conditions causing such delay is given to the Purchaser within five (3) days of life
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 offl a delay.
3. WARRANTY.
The Seller wmmnts that all good, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples zndlor other descriptions given, vill be fit for de 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 In hold the purchaser harmless fount any loss damage or expense which the
Purchaser may suffer fir incur on neenum of the Scllcrs breach of v ammy. The Seller shall replace, repair or make
good n'ithmn cost to the purchaser, any defects or faults arising within one (I ) year or Within such longer period of
,into as may be prescribed by law or by the terms ofnny applicable warranty provided by the Seller nncr the date of
.acceptance Of the goods furnished hereunder (acceptance not to be unreasonably ddaycd), resulting from iegmrfcot
or defective work done or materials ntrieshed by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a nuiver ofnny claim tinder this wxrrnnly. Except as otherwise provided in ,his purchase order, the Sellers
liability hereunder shall extenA To all damages proximately caused by the breach of any of 0w foregoing wnriontic%
or gumantecs but such liability shall in no event include loss affinities or loss of ass. NO IMPLIED WARRANT Y
OR M ERCHANTABILITY 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 any changes to the terms, other than legal tems, including additions In or dclelions train
the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such
change affects the amount due or the time of performance 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 any equitable adjustment between the panics as to any work or materials then in
progress pmvidcd that the Purchaser shall not be liable fm any claims for anticipated profits on the uncompleted
portion of the good and/or work, for incidental or consequential damages. and that no such oijiimanicat be nude in
favor of the Seller with respect many goods which arc the Seller; 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 must he asserted within thin (30) days from the date the ehrnge ar termination is
ordered.
S. COMPLIANCE Wll'It LAW.
The Seller wren nts that all grx.ds sold hereunder shall have been produced, sold, delivered and furnished in strict
compliance wi lh all appI jcable Imes and rcgu lations to which the goods arc subject. The Set In she 11 execute and
del ivcr such documents as may be rcquircd to effect or evidence compliance. All laws and men IT inns men heal to he
incorporated in agreements of th is character are hereby incorporated herein by this reference. "I'lie Se. Iler agrees to
indcmn i fy and hold the To rchascr harndcss fmm III costs and damages su(fend by the Pit rcbscr its n result of the
Scllcrs failure to comply Ivi th such Inv,
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this onlet or any monies deg or to become due hereunder without the
prior written consent of the other party.
10. l'ITL E.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment mntcriab. and items furnished
in perfnnuanee of this agreement, free and clear Of any and all lien, restrictions. reservations. security riumm
encumhou cgs and claims of others.
TIe Seller shall release the Purchaser and its cunturcfoo, of any tier fmm all liability :rod dnjns Of any nntum
resulting I}..... the pelf..... once of such work.
'Phis release shall apply even in the event of fault of negligence of life party released and shall cxlcnd to the
dirccmrs. Officers and en.ployccs of ouch party.
'1'hc Sellds counacte l Obligations, including warn sty, shall not be deemed In be reduced, in any Ivry, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is rcquircd to use any design. device, unocrial or process covered by letter, patent, trademark
or copyright the Scllcr shall indemnify and save harmless the Purchaser fmm any and all shims for infringement
by reason of the use of such p nemed design, device, material Or process in conncctinn with the contract and
shall indemnify the Purchaser for any cost, expense or damage which it may be Obliged to pay by rcrsnn of such
infringement at any time during the prosecution or after the completion of the work. In ease said equipment, Or
any Pan 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 wan expense and at its option, either Tracery for the
Purchaser the right to continue using said cquipmcnt Or pans, replace the same with substantially equal but
noninfringing cgnipmcnt or modify it so it becomes noninfringing,
15. INSOLVENCY.
If the Seller shall become insolvent or hanknipt, make On assignment for the benefit of emditors. appoint a
receiver or tmsme for any of the Sellers property or business, this order may fnnho nil be canceled by the
Purchaser without liability.
IF. GOVERNING LAW.
The definitions of terms used or the interpretation offhe agreement and the rights ofall panics hemunder shill be
construed tender unit governed by the Imes of the State of Colorado, USA.
'Fhe following Additional Conditions apply Only in cases where the Scllcr is to perform work hercundcr,
including the services of Sclletts Representative(2), on the premises efmhe".
17. SELLERS R ES PONS III ILITY,
'I'tic Seller shell cony On said work at Selier'x oa'n risk until the sans is fully completed and aeeeprd, innd shall,
in rise of any accident destruction or injury to the work and/or materinlx before Seller's final completion and
accept[ mce, eouIPIClc the work to Seller's own expense and to the smisfacu,n of the Purchaser, When uornamis
and equipn.an are furnished by others far installation or erection by [tic Seller. ,Ire Seller shall receive, unlnnd,
store Ind handle smnc at the site and become responsible therefor PS though such r eterinls molar equipment
were being furnished by the Seller under The order.
19. INSURANCE.
The Seller shall, at his men expense, provide for fire payment of workers compensation. including occupational
disease benefits, to its employees employed on or in connection with the work cn -cred by this purchase Order,
and/or to their dependents in accordance with the laws of the state in w'hieh the work is to he dene. The Seller
shall also carry comprehensive general liability including, but not limited to, contractual and autonmbile public
liability insurance with bodily injury and death limits Of.,, ]cast SM0,050 for any erne person. S500,000 for .ray
one accident and property damage limit per accident of S40Q1%10" The Seller shall likewise require his
contractors, if any, to povide for such compensation and insurance. Before any Of the Sellers or his ennracmrs
employees shall do any work upon the premises ofothers, the Seller shall furnish the Purchaser with a eanificztc
that such compensation and insurance have been provided. Such certificates shall specify the date when such
compensation and insurance have been pmvidcd. Such certificates shall specify the din, ylien such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall he mainmined until after the
entire work is completed and accepted.
19. PRO 'FECIION AGAINST ACCIDENTS AND DAMAGC9,
The Seller hereby assumes the entire responsibility and liability for any and all damage. loss or injury ofnny kind
or natim whatsoever to pcmnna or property caused by or resulting been the execution of the work pmvidcd for in
,his purchase onlcr or in connection herewith. The Seller will indemnify and hold heatless the Purchaser and any
or all Of the Purchasers nfrcers, agents and employees from and ugainst any and nil Onions, losses, damages"
charges or expenses, mhclher direct or indirect and whether to persons or pmpcny to which the Pumhaver nary
he put or subject by reason of any re.. action. neglect emission or default on the pan Of the Seller, any of his
contractors, or any of the Scllcrs or contractors officers, agents or employees In case any suil at other
proceedings shall be brought against the PurchascT, or its Officers, agents fir cniplayces at any it no account or
by reason of any net, action, neglect, omission or default of the Seller of any of his contractors or any of its fir
their officers. agents or employees as aforesaid, ,he Seller hereby agrees In w9unue the defense thereof and to
defend the sans in the Sellers own expense, to pay any and all costs, churgcs, atmneys Ices and other expenses,
any and all judgments That may be incurred by or obtmncd against the Purchaser or any of its or Their officers,
agents or c... plOyccs in such stirs Or other proceedings. and in case judgment or other lien he placed upon or
obtained uguitrm the property of the Purchaser. Or said parties in or as a result of such suits or other proceedings.
the Seller I,ill at once cause the come to he dissolved and discharged by giving hand or otherwise, The Seller and
his cnnnnetors shall fake all safety precautions, furnish and install all genets necessary for life prevention of
accidents, comply Ivuh all Imes and regulations will, oprol to sufcty including, hot without Ijn.itninn, fire
Occupational Sa fcty and Ilea hh Act of 1970 and all odes and regudal ions issued purse ant Incren.
Revised 03/2010