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HomeMy WebLinkAbout247472 AM SIGNAL INC - PURCHASE ORDER - 3214379City of /',.F`ort Collins Date: 04/10/2014 PURCHASE ORDER PO Number Page 3214379 1of2 This number must appear on all invoices, packing sli s and labels. Vendor: 247472 Ship To: TRAFFIC OPERATIONS AM SIGNAL INC CITY OF FORT COLLINS 9935 TITAN PARK CIRCLE 626 LINDEN STREET LITTLETON CO 80125 FORT COLLINS CO 80524 Delivery Date: 04/07/2014 Buyer: Note: Line Description Quantity UOM Unit Price Extended Ordered Price Camera Repair and Signal Suppl Annual 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Condit tens Page 2 of 2 1. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is I L NON WANER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collator. of Failure of the Purchaser In insist upon &Met performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Sotutus 1993, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly unit Fy the Seller In the event of a breach, the acceptance of or payment for goods hereunder or approval offs, design, shall not elease the Seller of Goods Rejecaed GOODS REJECTED due to failure to mcar speifications, either when shipped or due to defds of any of the warrmaies or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in nansit, may be mutual to yan for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless instructions from fie City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported am] modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are mbjat to the City of Fort Collins corpotl.. 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 pan of the City of Too Collins. However, it is to be understand that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting form antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures, violations are in fact home by the Purchaser. Therdoforr,for good pause and as consideration for executing this Purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or M1amner Freight Terris. Shipments must be TOM, City of Fon Call., 700 Woad St., Fan Collins, CO 80522. unless acquired under federal or state national laws for such overcharges relating to the particular goods or services otherwise specified an this order. If permission is given to prepay freight and charge separately, the anginal freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in ry, us parts of the countshipment is HillsPurchase, threats the Seller to correct nonconforming or defective goods by a& is tobe agreed upon by the expected for. the neaam distribution point m destination, and excess freight will be deducted farm Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. 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 mark. Permits. Seller shall procure at sellers sole cost all na..ry pemtits, certificates and liceases required by all applicable laws, regulations, ordinances and rules of the state, municipality, partially or political subdivision where the work is performed, or required by any other duly constituted public au marry having jurisdiction over the work of vendor, Super further agrees to hold the City of Fan Collins harmlus form and against all liability and loss ncuned by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete amhodry to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forts and any supplementary or additional terms and conditions annexed hereto or incorporated herein by refinance. Any additional or different to. and conditions proposed by seller are objected to and hereby cjeded. 2. DELWERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to active on your Promised delivery date w noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents 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 went ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplaciag this order elsewhere and holding the Seller liable far damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God an of civil or military authorities, govemmenal priorities, fires, strikes, Rood, epidemics, wars or dots provided Out notice of the condition causing such delay is given to toe Purchaser within five (5) days of the time when hie 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 of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, auteriah and work covered by this order will conform with applicable drawings, specifications, samples mdror other descnpouns given, will be fit for the proposes intended, and perforated with the highest degree of care and competence in earoNance with accepted standards for work of a similar nitrate. The Seller agrees to hold hie purchaser harmless from any loss, damage or expert, which the purchaser may suffer or inetu an amount of roe Sellers breach of wanarry. The Seller shall replace, repair or make good, without cost to the pmciesea any defects or faults arising within one (I) year or within such longer period of time w may be prescribed by law or by the tears army applicable warranty provided by she Seller after toe dme of acceptance of the goods famished hereunder (acceptance not a be umeawmbly delayed), resulting farm imperfect or defective work done or materials Banished by the Seller. Acceptance or use of goods by Me Purchaser shall not constitute a waiver of any claim under this sommy. Except as otheoxise provided in this purchase order, the Sellers liability hereunder shall extend to all damages pro mmotely caved by the breach of any of hie foregoing wm gmws or gmrantres, but such liability shall in no runt include loss of profits or loss of we 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 women change order 5. CHANGES IN COMMERCIAL TERMS. The Portman may make any changes to the terms, other Wan legal terms, including additionn, to or deletions from Me quantities originally ordered in We specifications or drawings, by verbal or written change order. If any such change affects the amount due or Me time ofpaf ce hereunder, m equitable comarment shall be made. 6. TERh1INATIONS. The Pnrethroa may at my time by wrinm change order, termimm this agreement w to any Or all portion of the good Wen not shipped, subject to any equitable adjtmmrnt between We parties as to my work or materials then in progress provided that the Purchaser shall not be liable for any claims far anammiled Profits an We mosmpleted portion of the good unfair work, for incidental or consequential damages, arid that no such adjustment be, made sh favor of fie Seller wif recover to any goods which are We Sellers standard stack. No such termination shall relieve Me Ptmbner or fe Seller ofany mMar obligations as ro any good delivered hereunto. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mast be asserted within fairly (30) days item the date fie change or temdnation is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold heremder shall Save been produced, said, delivered and famished in strict compliance cash all applicable laws and mountainous m which the good are sabject. The Sella shall execute wed deliver such daumens ut may be acquired an effm or evidenre compliance. All lac, and regulations required to be incorporated in agreements of this character are hereby cour ported herein by this reference. The Sella sprees to indemnify and hold fe Purchaser harmless farm all as aad damage suffered by the purchaser as it molt of the Sellers milme to comply wish such law. 9. ASSIGNMENT. Neither party shall assign, bwwfier, or convey this order, or my awards due or to become due hereunder without the prior wrnm common ofthe other parry. 10. TITLE. The Seller wamats fill, clear and u stramm rid fithe ate the Purchase, for all equipment, materials, anal it. fumlshed or michandarrom of Ois agreement, Rae and clear of any and all liens, nesaiaiam, neservatiam, saunry modern encumbrances and claims ofothers. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature moulting from the performance of such work. This release shall apply even in the went of fault of negligence of the party released and shall extend W the direetars, officers and employees afa uh,ady. The Sellers contractual obligations, including warranty, shall not be deemed to be, reduced, in my way, because such work is performed or caused to be performed by fie Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or 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, amount or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosaurion or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goads, is in such suit held to constitute infmanda m and the use or said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the fight to continue using said equipment or parts, replace the same with substantially equal but noninfn'nging equipment, or modify it se, it becomes nonininging. 15. INSOLVENCY. If the Seller shall became insolvent or bad mpt, make an assignment for the h mad of cmlitors, appoint a receiver or trustee for my of the Sellers property or business, this order may fnM1 alb be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terror used or the interpretation ofthe agreement and the rights of all parties haamder shall be, creased under and govemed by hie laws of the State ofColomdo, USA. The following Additional Conditions apply only in owes when the Sella is to Perform work hereunder, including the services of Sellers Represenmtivr(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry, on said work at Sellers own risk until the same is fully completed and accepted, and shall, in u of my accident, destruction or injury W the work eMbr materials before Sellers final compleion aM acceptance, complete the work at Sellers own expense and to We satisfaction of the Puohaan. Moen matmals aml equipment are four ahed by others for installation or erection by the Seller, the Seller shall receive, unload, stare and handle same at the site and baame responsible therefor as though such materials anot equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his awn expense, pmvide for the payment of workers compensation, including occupmimial disease benefits, to its employees employed on or in connection with the work covered by this purchase order, arapol to their depended. in acmrdmce with the laws of the su a is which the work is 1m be dour¢. The Sella shall also tarty comprehemive general liability including, But not limited m, contractual and automobile public liability insurance with bodily injury and death limits of in lean, S300.000 for any am person. S500.000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his comment , if any, to provide for such compensation aM insurance. Before my of the Sellers or his contractors employees shall do any work upon hie premises of orders. Me Seller shall famish the Purchaser with is emi eats Witt such compensation and insurance have bran pmvided. Such certificates Shan specify the date when such compensation and insurance have ban provided. Such certificates shall specify We date when such compensation and insurance expires. The Seller agrees Out such mmpersvation and insurance shall be maintained oral after the entire work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. Tie Sella hereby assumes the entire resporeibiliry end liability for any and all damage, loss or injury of way kind r mature whosoever W persons or Property caused by or resulting from We execution offs, work provided for in fix purchase older or in dramatic. herewif. The Sella will indemnify and bold handless We Purchaser and any cr all of fie Purchasers ofanfor nds, agents d employees and against any and all claims, losses, damages, harges or expetem, whether direct or indirect, and whethes to persom or property to which the Panatela may be pat or subject by reason of my on, action, neglect, omission or default on fie pan of fie Sella, my of her contractors, or my of the Sella or contractors officers, agents as employees. In ante my suit or other proceedings shall be brought against fie Parachutist, or its officers, agents or employers at my time on acount m by rramn of my and, action, neglect, omission or default of fie Sella of my of his contractors or any of its or Man oRcers, ageds or employees as aforesaid fie Sella hereby agrees w, assume fie defense Must and to defend fie same at the Sellers own expene, to pay my aM all cos., charges. attorneys fees card other expenses, my and all judgmenix fat may be instant by or obtained against hie Purchaser or my of its or their officers, agents or employers in such suits or othrr pmeredings, and in case judgment or other lien be placed upon or obtained against Ore property, of the Purchases, an said ponies in or m a result ofsuch suits or other purer dings, the Sella will at once cause fie same to be dissolved and duchaBad by giving band or ofterwiss. The, Sella and his contractors shall take all mfery predictions, famish and install all guards mortuary for Oe prevention of incidents, comply with all laws and regulations with regard to solely including, but without limiation, the Cormac Tonal Safety, and Health Act of 1970 artd all rules aM regulations issued pursuant Moment. Revised 03nOlO