HomeMy WebLinkAbout534969 HORIZON SIGNAL TECHNOLOGIES - PURCHASE ORDER - 3214370Fort Collins
Date: 03/04/2014
PURCHASE ORDER
Vendor: 534969
HORIZON SIGNAL TECHNOLOGIES
202 CONESTOGA RD
WAYNE PA 19087
PO Number Page
3214370 7of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: TRAFFIC OPERATIONS
CITY OF FORT COLLINS
626 LINDEN STREET
FORT COLLINS CO 80524
Delivery Date: 03/03/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Rental Of Portable Traffic Sig
Annual for College and Monroe
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
1 LOT LS
5,000.00
Total
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
1. COMMERCIAL DETAILS.
Tax exemptions. By mutate the City of Fon Collins u exempt fmm sate and local taxes. Our Exemption Number is
9g-01502. Federal Excise Tax Exemption CMificatc of Registry 84-6000587 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Staalas 1973. Chapter 39-26.114 (a).
Goads Rejected. GOODS REJECTED due m failure to meet specifications, aidam when shipped or due m defaces of
damage in o-andi, may be gammed to you for credit and are not to be replaced except upon receipt of written
instructions from the City creed Collins.
htspection. GOODS art subject o the City of Fon Cavins inspection an atgival.
Final Acceptance. Receipt of the merchundise, services or equipment in response to this order can result in
ouhoric d payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL.
ACCF.PI'ANCE is dependent upon completion of all applicable rtquined inspection procedures.
Fmighl'1'cmas. Shipments nmsl be FOR ., City of Fort Collins, 700 Wax] St., Fort Collins, CO 80522, unless
otherwise specified on this .,do,, If permission is given as prepay Painful and charge separately, the original freight
bill must accompany invoice. Additional charges for racking will not be accepted.
Shipment Distance. More manufacturers have distributing taints in various pas of the country, shipment is
expected from the ra nrcst disWbrumn ,at 1. destiregumn, and excess freight will he dedund Gom Invoice when
shipments art made from greater distmor.
Permits. Seller shall prnoure at sellers sale cost all mmrsmry Permits, certificates and licasses rrquired by all
applicable lax,, regulations, ordinances and In of the state, municipality, territory or political subdivision where
the work is performed, or requirtd by any other duly constiated public authority having jurisdiction over the work
of leader. Seller tuber agrees to hold the City of Fort Collins hamless (ram and agaimt all liability and lass
incurred by them by reason of an asserted or established violation of any such Islas, egalmions, ordinances, ales
and requirements.
Authoring.. All .in 10 this contact agree that me refinancing— am, in fart, bona Ode and possess full and
complete radiancy to bind mid parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptme, In the terms and conditions stated
herein set ford and any supplementary or addiuowl terms and conditions annexed hereto or unimpaired paired herein by
reference. Any additional or different terms and conditions proposed by seller arc objerned to end hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cmmm make ung,lebe shipment to more on your
promised del ivory data as noted Time is of the essence. Delivery and p afonnannce pas, be affected within the time
suited on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance ufpmial late deliveries, shall operate as a waiver of this pivvision. 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 Seller liable for damages. However, she Seller shall not be liable for damages as a result of delays
due to cables not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of God, acts ofeivil or military authorities, governmental priories, fires, strikes, flood, epidemics, wars or
dots provided that notice of the conditions causing such delay is given to the Purchase, within five (5) days of the
time when the Seller first received knowledge thereof. In the went of any such delay, the date of delivery shall be
extended for the peril equal to the time actually lost by reawn of the delay.
3. WARRANTY.
Tha Seller warrants that all goad, articles, matcword nals and work mindl by this er will ronto. with applicable
ra dwings, specifications, samples and/or other desorption, given, will be fit for the purposes intended, and
performed with the highest degree of ore and competeme in accordance with accepted standards for work of a
similar attire. The Seller agrees to hold the purchaser homeless from any loss, damage or expense which the
Purchaser may suffer or incur on account order, Sellers breach of warranty. The Sella shall replace, repair or rake
good, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer paned of
time as may be prescribed by law or by the terms army applicable warranty provided by the Seller after the date of
acceptance of the gaols famished hereunder (acceptance not be unreasonably delayed), resulting form imperfect
or defective work dean or materials furnished by the Sella. Acceptance or use of goods by the Poologu r shall not
constitute u waiver of any claim under this warranty. Except as mherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY
OR M ERCI IANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by writen change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions filing
the quanlines originally ordered in the specifications or drawings, by verbal or written change order. If any such
change offices the ....at due m the time of perfomanim hereunder, an equitable adjustment shall M made.
6. TERMINATIONS.
The Purchaser may at any time by wnnen change order, termirma this agreement as to any or all portions of tee
good then nor shipped, subject to any equitable adjustment betexen the Partin a to any work or materials then in
progress provided than the Purchase, shall not be liable for any claims for anticipated profits on One uncompleted
Portion of the goods maker work, for incidental or transactional damages, and that no such adjustment be made in
favor of the Sella with reducer many goods which am the Sellers standard stork. No such temdrnation shall =have
the Purchaser or the Seller army organic obligniom in to any coeds delivered hereunder.
Z CLAIMS FOR ADJUSTMENT.
Any claim for adjunntenb must be assetted within thirty (30) days from the dale the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
Th. Seller warrants that all gaols sold hereunder shall have barn produced, sold, delivered and fntishd in smct
compliance with all applicable laws and regulations to which Ibe goods are subject The Sell., shall execute and
deliver such documents as may he required m efecl or evidence compliance. All laws and regulations required to be
ncoryoated in agreements of this character are hereby incorporated herein by this o favnce. The Sella, agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a remll of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, bom(TT, or convey this order, or any monies due or to become due hereunder without the
Mar written consent of the other Ferry.
10. TITLE.
The Seller wanonls full, clwr and umeslrined fi0, to the Purchaser for ell equipment. materials, and it. f ished
in pM mtanee of this agrerment, fire ad cicar of any and all tiers, tntrictiam, resenations, security interest
ercumbmncn and claims of others.
I L NON WAIVER.
Failure othhe Purchaser to insist upon safer perfamtantt order mrrm and conditions IseoE, flare or delay to
y rights or remedies amended herein or by law, failure fir promptly unify the Sella in the even, of a
branchthe anacepmrae of., payment for mod hereunder or approval of tha deign, shall not release the Seller of
any urge warranties or obligations of this Mariana order and shall not to domed a waiver of any right of the
purchaser to might upon strict performance bereofor any of its rights or readies cS go any such goods, regardless
olfaction shipped, received or accepted, es to any prior or subsequent default hereunder, nor shall any paported
not modification or rescission of this purchase oiler by the Purchase, card. as a waiver of any of the it.
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitmst
violations are in fact borne by the Purchaser. Theremfrre, 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 hereafier
acquired under federal or sate antitrust Iowa far such overcharges relating to be particular goods or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13, PURCI IASERS 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 in unwillingness to comply. the Purchaser
may cation, the work to be performed by the most expeditious means available to it, and the Seller shall pay all
costs asameimed with such work.
The Seller shall release the Purchaser and its contractor, of any tier farm all liability and claims of any ramre
resulting from the performance of such work.
This release shall apply can in the event of fours of negligence of the party mlcaud and shall exrmJ m the
directors, officers and employees.fsuch harry.
The Sellers contmcual obligations, including warranty, shall not be devoted to be reduced, in any way, because
such work is performed or caused to nd Performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by lent, patent, trademark
r copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, material or process in connection with the contract, and
shall indemnify the Purchaser far any all, expense or damage which it may be obliged to pry by reawn of such
infringement nt any time during the prosecution or after the completion of the work. In rase said equipment, or
any pan thereof or the intended use of the goods, is in such suit held m constitute infringain nt and the trse of
said cquipmwt or part is er,oined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right to continue using said equipment a, parts, replace the same with sulaamlially equal but
inxind ringing equipment, or modify it so it becomes incriminating.
15. INSOLVENCY.
If the Seller shall become insolvent or baNmpg, make an assignment for the benefit of crabbing, appoint a
receiver or trustee for any of the Sellers property or biomass, this order may forthwith h canceled by the
Purchase, withoat liability.
16. GOVERN WG LAW.
The definitions oftemea used or the interpretation ofthe agreement and the rights of all Win Immunder shall be
command under and governed by the laws ofthe State ofC.1crial USA.
The following Additional Conditions apply only in cases where the Sella is to perform work hereunder,
including the service of Sellers Represenutive(s), on the premises arbNcrs.
17. SELLERS RESPONSIBILITY.
The Seller shall wry, on said work at Sellers own risk until the same is fully completed and accepted, and shall,
in e of any accident, distinction or injury in the work andrar matenals before Sellers f I completion and
acceptance, complete the work at Sellers awn experm and to the satisfaction of the Purchaser. When materials
and equipment are famished by others for imallnumn or section by the Selleq the Sella shall receive, unload,
stare and handle same at the site and became responsible therefor as though such materials answer equipment
were being famished by the Sella under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including oalmoduomal
diecase benefits, to its employees employed on or in connection with the work covered by this purchase order,
and/or to their dependms in accordance with the law, of the state in which the work is to fir done. The Seller
,ball also entry comprehensive general liability including, but not limited to, contractual and amomobile public
liability insurance with bodily injury and death Hairs of at least STXUDW for any one person, S500,000 for any
one accident and property damage limit per accident of S4og000. The Sella shall likenise meaire his
contractors, if any, to provide foss such compensation and insu gmax. Her tiny of the Sella or has contractors
employees shall do any work upon the premian of others, the Sella shall Ibmalt the Purchaser with a certificate
that such campcatmtion and insurance have been provided. Such certificate shall specify the date when such
compensation and insurance have been provided. Such mortician shall specify the dam when such compensation
and insamnce expires. The Seller agree that such rompenmtion and insurance shall be tnaintai H until after me
attire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
Thc Sella, nearby assume the earire responsibility and liability for any and all damage, lass or injury orany kind
r nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold fimmless the Purchase, and any
or all of the Purchasers ofTcart agent and employees man and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or prepare, to which the Purchaser may
be pat or subject by reason of any act, action, neglect, omission or default on the pun of the Seller, any of his
anhamors, or any of the Sellers or contractors officers, agents or employees. In case any sail or other
proceedings shall be brought against he Purchaser, or its ofci n, agents or employees at any time on account or
by grown of any act, action, neglect, omission or default of the Seller of my of his contractors or any of its or
their effects, agents or employes as aforesaid, the Seller hereby agrers to assume the defense thereof and to
defend the same at the Sellers own expense, to pay any and all cots, charges, armmeys fees and other expenses,
any and all judgmrnb that may be incurred by or obtained against the Purchnsa or any of it or their afters,
agents or employees in such suits or other proceedings, and m case judgment or other lien be placed upon or
obtained agaimt the propcny of the Purchaser, or mid panics in or as a result of such suits or other proceedings,
the Seller will at are cause the sane m he dissolved and discharged by giving bond or otherwise. The Seller and
his containers shall take all safety precautions, grand, and instill all guards necrcsary for the prevention of
accidents, amply with all lass rand regulations with regard m safety including, but without limitation, the
Omupatioml Safety and Health Act of 1970 and all ales and regulations issued pursuant thereto.
Revised Olall 10