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HomeMy WebLinkAbout110520 TRAFFIC SIGNAL CONTROLS INC - PURCHASE ORDER - 9145500PO PURCHASE ORDER 914550er Page rCI�/ of PURCHASE 9145500 1 of 3 Flirt Collins ns This number must appear �-\V`I ` V on all invoices, packing sli s and labels. Date: 09/24/2014 Vendor: 110520 TRAFFIC SIGNAL CONTROLS INC 255 WEAVER PARK RD #100 LONGMONT CO 80504 Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS CO 80524 Delivery Date: 09/22/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 Traffic Signal Cabinets 333SD 2 LS 10,901.0000 21,802.00 Per Quote 17384-CDOT Contract For College and Monroe and Lemay and Magnolia PER TERMS AND CONDITIONS OF CDOT BID NUMBER #HAA IFB 13-152-CD 2 Traffic Signal Cabinets 333SD 1 LS 10,901.0000 10,901.00 Per Quote 17384-CDOT Contract Maintenance Spare 3 Traffic Signal Cabinets 332D 1 LS 12,039.0000 12,039.00 Per Quote 17384-CDOT Contract For College and Cherry 4 Traffic Signal Cabinets 332D 1 LS 12,039.0000 12,039.00 Per Quote 17384-CDOT Contract 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@fogov.com Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER PO Number Page 9145500 2o13 This number must appear on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price For Maintenance - Spare 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@fogov.mm Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 L COMMERCIALDETAILS. Tax exemptions. By stable the City of Fort Collins is exempt from spite and local taxes. Our Exemption Number is 98434502. Federal Facise Tax Exemption Certificate of Registry 84-6000587 is registetal with the Colleen, of late..) Revenue, Dawes, Colorado (Ref. Colorado Revised Shames es 1973. Chapter 39-26, 114 (a). Good' Rejected. GOODS REJECTED due m failure 10 meet specifications, either when shipped or due to derects of damage in transit, may be reti mud to you For credit and arc not to be replaced except upon receipt of wrinen instructions from the City of Fort Collins. Inspection. GOODS we subject b the City of Fort Collins inspection on consul. Final Acceptance. Receipt of the merchandise, se r equipment in response m this order can result in amhoriond payment oa the pan of the City of Foe th Collins. However, it is m be understand mFINAL ACCEPTANCE is dependent upon completion ofall applicable requicul inspection procedures. Freight Terms. Shipments must be F.O.B., City of Fort Collins, IN Wood St., Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the arigi and freight bill most accompany invoice. Additional charges Cur packing will not be aacmplad, Shipment Distance. Where manufacmte s have distributing points in various parts of the country, shipment is expeered from the permit distribution point to destination, and excess freight will ba JeductN from Invoice when shipments are nude from greater distance. Permits. Seller shall procure a1 sellers sole cast all necessary permits, ormficatc and licences ra,mmal by all applicable laws, regulations, ordinances and roles of the static, municipality, tenilmy or political subdivision where the work is performed), or acquired by any other duly corestimted public authority havingjunsliction over the work of vendor. Seller might, agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an oriental or established violation of any such laws, regulations, ordinances, roles and requirements. Authorication. All ponies to this contract agree that the represenmtives am, in fact, bow fide and parks full and complete authority to bind said parties. LIMITATION OF TERMS, This Purchnse 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 aCerence. Any additional or different terms and ... ditions proposed by seller are objected b and hereby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you caromt make complete shipment to arrive on Your promised delivery date as noted. Time is of the essence. Delivery and Performance mint be effected within the time sated oa the purchase order and the dmimm, attached hereto. No acts of the Purchasers including, without IlmWminn, eueptum,.1 pmi.1 late de iverm" shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the opiium of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages in a result of delays due to carves not reasonably fo¢surable which art beyond its reasonable mnuol and without its fault of negligence, such acts of God, cb afcivil or military authorities, govemmental priorities, fires, strikes, food, epidemic, wars or ,,.is provided tout 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 dewy, the date of delivery shall be extended for the period equal to the lime musty lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples mrVor other de ... dians given, will be fit for the puryases intended, and periummd with the highest degree of care and competence in accordance with accepted standards for work of a milar nature. The Seller ogees to hold the purchaser harmless from any loss, damage or expense which she Pumhaer may sulfa i r incur on account of the Sellers branch of warranty. The Seller shall replace, repair m narks goad, without cost to the producer, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law, or by the terms ofany applicable warranty provided by the Seller after the data of acceptance of the goods furnished hereunder (acceptance nor to be comasowbly delayed), resulting tram imparted or defective work done err materials famished by the Seller. Acceptance err am of goods by the Purchaser shall not onstible a works ofany claim under this wamnd, Except as otherwise provided in this purchase order, the Sellers liability hounder stall extend to all damages proximately ..it by the breach of any of the foregoing warrmties or gwrocams, but such liability shall in no m'ent include loss of pmfits or loss of use NO IMPLIED WARRANTY OR MERCI IANTARRATY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes Io legl tempi by wrinen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may mike any changes to the terms, other than legal moms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. It any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchmer may at any time by written change order, terminate this agreement as to any or all W nimu of the good then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress Provided that the Purchaser shall not be liable for any claims 1'n1 anticipated profs on the uncompleted portion oI the goods ands., work, for incidental or consequential damage, and Char no men adjustment be made in favor of the Seller with respect to any goods which are the Sellers staMard stock. No such mrromation shall relieve the Purchaser or the Seller of piny.170mr obligetions be to any grads delivered bererrder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assenW 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 furnished in sprier compliance with all applicable laws and regulations to which the goods are subject. 'Me Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regdatiot, rcgoircd to b, incorporated in agreements of this character an, hereby incorporated herein by this reference. The Seller agrees m indemnify and hold the Purchaser harmless from all it and damage su@red by the Purchaser as a result of the Sellers failure Io comply with such law. 9. ASSIGNMENT. Neither party shall assign, conifer, or convey this order, or any monies due or to become due hereunder without the Poor written consent ofthe other fir,. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for at I comparator, materials, and items famished in performance of this agreement, per and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. 11. NONWAIVER. Failure of the Purchaser to insist upon strict pri fomtance of the terms and conditions hereof, failure or delay to 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 ofthe design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted as m any prior or mbuquent default hereunder. nor shut any perponed oral modification or rescission of this pnreham order by the Purchases optimum as a waiver of any of the it. hereof. 12. ASSIGNMENTOF ANTITRUST CLAIMS. Sella and the Purchaser recognick that in actual economic practice, overcharges resulting from antitrust violations are in fact home by the Purchaser. Theretofore, fen good wtae and as consideration for executing this pu chase order, the Seller hereby assigns to the Purchaser any and all claims it may now, have or hereafter acquired under Federal or state antitrust laws for such overcharges relining to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct momonforriing or cickorm 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 associaled with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting tram the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend so the directors, Officers and employces of such party. The Sellers contractual obligations, including warmnry, shall not be deemed to be reducd, in any way, because such work is performed or carried to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is m,omd Io use any design, device, material or process covered by letter, patent, trademark no copyright, the Seller shall indemnify and son 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 for any cost, expense or damage which it may b, obliged to pay by reason ofsuch infringement at my time during the prosecution or after the completion of the work. In case said equipment, or any pan therrvl' 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 proc➢re for the Purchaser the right to continue using void equipment or parts, replace the same with substantially rynal but smninfnging equipment, or modify it so it becomes noninffir,ing. 15. INSOLVENCY. If the Seller shall become insalveal or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may foMwilb be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the inter, renvion of the agreement and the rights of all parties hereunder shall be cocamed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hareunden including the services of Sella Represen ctiva(s), on the premises ofolhers. IT. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk .,it the same is fully completed and accepted, and shall, in e of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complere the work at Sellers own expense and m the satisfaction of the Purchaser. %Ten mamd.ls .it eqi iparant are famished by omcrs far installation or erection by the Seller, the Seller shall receive, udand. score and handle mote at the site and become responsible therefor, as though such materials mad or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employes employed on or im mnneaim with the work covered by this purchase creep and/or to their dependants in accordance with the laws of the stale in which the work is to be done. The Seller shall also carry comprehensive general liability including, bur our limited to, contractual and automobile public liability insurance with bodily injury and death limits ofat least $300,000 for any one person, Siff," for any canaccident and property damage limit per accident of S400,000. The Seller shall likewise esquire his trucmrs, 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 Purehazcr with a cenifirce that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided Such cenificmes shall specify the dare when such compensation and insurance expires. The Seller agrees that such compensaam and insurance shall be maintained until after the -mire work is compltlN and aaepted. 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 nature whatsoever to wousis or property cased 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 bamtlow the Purchaser and any r all of the Purchasers o1Bcm, agents and employees fiom and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put in subject by reason of my act, action, neglect omission or default on the pm of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against he Purchmer, or its officers, agents or employees at any time on account or by reason many act, action, neglect, omission or default oftbs Seller of any of his contractors or any of ils or their cheers, agenda or employes as ofressid, the Seller hereby egos to ...a the defense themof and to defend the same at the Sellers own expene, po pay any and all costs, charges, atmbeys fees ad whet expemcu any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officersu agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtain d against the property of the Purchaser, or said parties in or as a result ofsuch suits or other proceedings, the Seller will at once cause the come to be dissolved and discharged by giving bond or otherwise. The Seller and his commours shall take all safety precautions, ficarnarsh and vupill all guad necessary fir me prevention of accidents, comply with all laus and regulations with not in safety including, but without Barroom. the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursunm Liberian. Revised 0212014