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HomeMy WebLinkAbout284919 ECONOLITE CONTROL PRODUCTS INC - PURCHASE ORDER - 3214399PO PURCHASE ORDER 321439er Page City of PURCHASE 3214399 t of 2 tChisnumber must appear Collins1 1 on all invoices, packing sli s and labels. Date: 06/06/2014 Vendor: 284919 Ship To: TRAFFIC OPERATIONS ECONOLITE CONTROL PRODUCTS INC CITY OF FORT COLLINS 3360 E LA PALMA AVE 626 LINDEN STREET ANAHEIM CA 92806-2858 FORT COLLINS CO 80524 Delivery Date: 06/06/2014 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 Ordered Extended Price Camera & Signal Supplies 1 LOT LS 50,000.00 Annual per terms and conditions of bid 7398 )'prJP14 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 Total $50,000.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order'I'emps; and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By smmte the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is I1. NONWAIVER. 98-04502. Fdeml Excise Tax Exemption Cotifie , of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Sutures 1913, Chapter 39-26, 114 (a). prods, any rights or remedies provided herein or by law, failure to promptly m ify the Seller in the event of a breach, the acceptance of or payment for goods hereunder of approval ofthe design, shall not release the Seller of Goods Rejected GOODS REJECTED due b failure b meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemM a waiver of any ndd ofthe damage in transit, may be resumed to you for credit and are not to be replaced except upon receipt of written Purchaser to insist upon shin performance hereofor any of its righteor remdiesas to any such goads,regardless wouractmas from the City of Fort Collins, of when shipped, received or accepted, m to any prior or subsequent default Immoralist nor shall any purporud and modification or rescission of this purchase order by fir, Pur.hater operate r a waiver of any of the leers Inspection. GOODS are subject w the City ripper Collins; inspection on arrival, hereof. Final Acceptance. Receipt of the merchandise, services of equipment in rmponse I. this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. suthoved payment on the pan of the City of Fun Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize fat m actual ecmmic practice, overcharges resulting from antlam,, ACCEPTANCE is dependent upon completion craft applicable required inspection procedures. violatiom are in fact lame by the Purchaser. Theremfine,for good cause and as mrrsidemtion for executing this part order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most to F O.B., City of Fon Collins, 700 Wood St., Fon Collins, CO 80522, unless acquired under federal or sure amitmst laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to preW, freight and charge ap monely, the original height pumbaced or acquired by the Purchase, pursuant b this prochass under. bill must accompany invoice. Additional charges for tacking will root be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. is Shipment Distance.r\VheremanutionPi have distributingpremixexcs in variouspasde fled the Seiler mcoduencirrect or detective the b be er&eMePurcupon hse, Pe, from Invoice farm the nearest poem b drrimsian, and excess freight will h JeJacred from Invoice when ar.1huadate -it dwSeilearts and the Seller, and the Sellery e, indicates its nubility m ngnessd comply, the Purchaser Purchase, e,indicaies ment risfbmitn ship shipments are male from greater distance. by the mast expeditious mcarrs liable to it, and the Seller stuff pay all may came the work as be an, liable May cons orfonncd casts associated with such work. Permits. Seller shall procure sellers sole cast all naesary permits, c, and licenses require) by all red sate, orivery applicable laws, regulations, ordinances and rules mmrory or political suWiver th The Salle, release the and its covhacrors of any tier from all liability and claims of any namrt ped.rre duty d public authority work the work is peerfifi , or required by any ore dory public euRronry lea over the work cenll ce ofsuc resulting from the performance ofsuch woes:. To. Collinsled sand .,a., .11 liability and lass rrndm. Sella fMer to hole the City ofpan Charmless farm and again all mi them by reason of an asserted or established violation of any such Jr.,, regulmiom, oNimnces, rvks incurred n of in This rekau shall apply even in the evens of fault of negligence of the parry relemd and shall extend b the o erne rtgalrmtents, dirc<mrs, offers and emvforeea araarn parry. Auforvation. All parties to this contract agree Thal the representatives are, in fact, how fide and possess full end complete authority to bind said Panama LIMITATION OF TERMS. This purchase Order esprouly limits acceptance to the terms and mndisions surd herein set of and any supplementary or Without srntns and conditions annexed hertm or incorporated herein by referenve. Any additional m different erms and conditions proposed by seller are objected to and hereby my cred. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately try. cermot make complete shipment 10 naive oa your Promised delivery date m ..,ad, Time is ofthe ereme. Delivery sal performance must ho efTected within the time stated on the purchase order and the documents attached herb. No acts of the Purchasers including, without Lmiution, Prop plavve of partial late deliveries, idall operate as a waive, of oris provision. In the event of any delay. the Purchase, shall have, in addition 10 other legal and equitable remedies, the option of placing this pact elsewhere and holding the Seller liable for damage. However, the Seller shall net be liable for damerges as a result of delays due to causes not reuovbly unsociable which are beyond its reasonable control and wifout its full ofnegfigerrce, such acts of'God, airs of civil or military autho,nies, govemmernal poll", Ran, suikq flooff ryidemics, wars or noes provided that active of the condaions coming such delay is given to the Purchaser within rive (5) data ofthe time when the Seller first received knowledge fereof. In the event of any such delay, the dare of delivery shall Ica extended for ate paned equal o the If., ..fly lost by reason of the delay. 1 WARRANTY. The Seller warrants that all goads, auricles, rrute gals and work covered by this order will conform with applicable &swings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for our, of a -similar namm, The Seller agrees to hold the purchaser hamsless from any lass, damage or expense which she Pumhnsrn may suffer or incur on account of fe Sellers breach of warranty. The Seller shall replace, repair or make good, wifout cast to the pmchwar, any defects or faults arising within one (1) on or within such longer period of time as may be prescribed by law or by the teats of any applicable warranty provided by the Seller after the date of acceptance of the good finished hereunder (acceptance not to be unreasonably delayed), resulting from impactor or defdive work dune or materials funisM1d by the Seller. Acceptance or use of goods by the Purchaser shall not consulate a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sella 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 MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by wriuen change arder. 5. CHANGES IN COMMERCIAL TERMS. The Pacchwer may make any changes to he tams, other than legal.wa rs, including additions to or deletions from ,he 9..,fail- originally angered in the speciticaxions or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hctnrnde,, an c,umble adjustment shall be mudu. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agrommnt as to any or all potions at the goods then not shipped subject many equitable adjustment between the patties ns to any work or materials then in progress provided that the Purchaser shall cat be liable for any claims for anticipated profits on the uncompleted portion of the goods an Ver work, for incidental or consequential damages, and 'hit no such adjustment be made in favor of the Sell,, with .,,of to any goad which are the Sellers standard stock. No such te,mination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) drys tram the date the change or imputation is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that ill goods sold hereunder shall have been prodaced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goads are subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations acquired to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller allows to indemnify and hold the Purpoor ha,mless tram all costs and damages suffered by the Purchaser r a roult of be Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall reign, transfer, or convey this order, or any monies due or to become due hereunder without the poor women cameral of fe other party. 10. TITLE. The Seller warrants fall, clear and suesfctd title to the Purchaser for all equipment, materials, and items famished in per(esparamount, a of this agent, free and clear of any and all limo. restrictions, reservations, security imercat cu mminance s and maims ofnthers. The Settees emtrmereral obligations, including xamanty, shall not he deemed go be, reduced, in any way, because such work is samorbeff or mood to is, performed by fe Parechxaer. 14. PATENTS. %%%ouver the Seller is nominal to use any design, device, material or process carped by letter, patens. Imit,.& or copyright, the Seiler shall indemnify and ware M1a,mleu the Purchaser from any and all claims for infnomento by saran of the me of such patented design, device, material or process in emmeaion with the contract, and shall indemnify the Puelvnser for any toss, expense or damage which it may be obliged b pay by reason of such infringement at any time doting the prmecuuon or after the complexion of the work. In case said equipment, or any p a thereof or the intended sea of the goofs. is f such suit held b combine infra-ngement and the we of Mid equipment or put is enjoined, the Seller shall, at its we expense and at its option, either procure for the Purchaser the right to continue wing said equipment or of replace the Mare with interstitially equal but noninGngbrg equipment, or modify it so it becomes noninftra ng. 15, INSOLVENCY. If the Seller shall become irrsolvem Or baN,upt, rake an assigmnem for the benefit of creditors, appoint a not or om,a, for any of the Sellers property or business, this ome, may forthwith be canceled by the Purchaser svifom liability. 16. GOVERNING LAW. The definitions of,,. used or the interpre tion of fe agreement and the rights of all parties hereunder shall be command ode and governed by the laws ofthe State ofCelopdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereuraleq including the services of Sellers Repmwnmtive(s), on the premises of ofers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk unfit the same is fully obbletd and accepted, and shall, in u of any accident, destruction or injury to the work an&or materials before Seller's final completion and ecepmose, complete the work at Sellers awn aapense and m the sntisfanien of the PumM1ase, Whan materiels and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as rough such material, and/or equipment were being furnished by the Seller under the order. 19. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers comperssation, including occupational disease beef rs, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. the Seller shall also tarty comprehensive general liability including, but net limited to, contmetual and antomobile public liffiil try insurance nce with rosily injury and death tin its of at 1—a $300,000 for any one person $500.000 for any one accident property damage limit per accident of 5400,000. The Seller shall likewise require his contractors, if any, to Provide far such compensation and insumnca Before any of the Sellers or his contnmrars employees shall do any work upon the premises of others, the Sellershall fmish the Purchrer with a conifiwte that such compensation and insurance have been provided. Such certificates aban specify Ne date when such compensation and insurance have been provided. Such certificmm shall specify the date when such compensation and insurance expires. The Seller agree that such compensation and insurance shall be 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 army kind or nature whatimse, I. persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection berewuh, The Seller will indemnify and hold M1mmless the Purchaser and any r all of the Purchasers officers, agents and employees from and against arty and all claims, losses, damages, charges or expenses, whether dinner or indirect and whether to persons or property to which the Purchaser may be put or subject by reason of any air, action, neglect, omission or default on the pan of the Selleq any of his comperes, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchascu or its officers, agents or employees at any time on account or by reason of any act action, neglect, omission or default ofthe Seller of any of his contractors or any of its or their offices, agents or employees as aforesaid, the Seller hereby agrees to rsmne be defense thereof and to defend the Mine in the Sellers own expense, to pay any and all costs, charges, amomays fees and other eaperrses, My and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or offer proxeralwa, and f cats judgment or other lien be, placed upon or obtained against the property orate Purchaser, or said ponies or or as a result ofsuch suits or oft proceedings, the Seller will at once cause the Mine to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and insuft all guard necessary for the prevention of accidents, comply with all laws vd regulations wiat regard as appear including, but wiabut limiadon, the Occupmiorul Safety and Health Ace of 1970 and all rules and regulation issued pursuant thereto. Revised 032010