HomeMy WebLinkAbout104905 GADES SALES CO INC - PURCHASE ORDER - 9146806Fort Collins
Date: 11/21/2014
Vendor: 104905
GADES SALES CO INC
7100 N BROADWAY SUITE 5T
DENVER CO 80221-2923
PURCHASE ORDER
PO Number I Page
9146806 1 1of2
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: 11/21/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
t RU2400 Speed Radar Signs
As per quote dated 11-19-14
Spare signs for emergency replacements.
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.wm
LS 5,895.0000 11,790.00
$11,790.00
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 2 of 2
1. COMMERCIAL DETAILS.
Tax amorphous By statute $a City of Fort Collins is exempt from state and local axes. Our Exemption Number is
11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Cmificate of Registry 84-6000587 is registered with the Collator of
Failure of the romancer to insist upon strict performance of the terms and conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1923, Chapter 39-26, 114 (a).
exercise any rights or remakes provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance ofer payment far goods hereunder or approval of the design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure to mail specifications, fifer when shipped or due to defects of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in transit, may be Maimed to you for credit and are not I. M replaced except .Part receipt of .,an
purchaser to insist upon strict performance hameare, any of its rights or remedies as to any such goods, regardless
instructions from the City of Fort Collins.
of when shipped, received or accepted, ss to any prior or subsequent default hereunder, nor shall very pufpo mail
cent modification or rescission of this purchae order by the Purcbrer ,am as a waiver of any of the rams
retaliation. GOODS are subject to the City arrant Cotlim inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, srn or equipment in response to this order ern result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
mthwired payment on the pan of the City of Fort Collins. However, it is to be understood them FINAL
Seller ..it the Purchaser recognize that in armed ¢ is practice, overcharges m rcharges resulting -film ini ust
ACCEPTANCE is dependent upon completion ofi ll applicable required inspection pmceduca ,
violations are in fact home by the Purchaser. Theretofore, for good coax and as consideration for execring this
purchase code,, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereaaer
Freight Terms. Shipm.ns must be ROM, Ciry of Pon Collins, 700 Wood St, Fail Collins, CO 80522, unless
acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services
otherwise specified too this order. Ifpermission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant to this purchase order.
bill mast accompany invoice Addin... I charges for packing will not be accepted.
13. PURCI LASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. When manufacturers hare dismount, points in various pans of the conor,, shipment is
tribe Purchucr directs the Seller to comet contaminating or defective goods by. date to M agreed upon by the
expected from the nearest distribution Point to deslimtim , and excess freight will od deducted from Invoice when
Purchases and the Seller, and the Seller thermner indicates its inability or unwillingness to comply, the Pumhmer
shipments are made from greater duonce.
may cause the work to to pert d by the most expeditiom means available to it, and the Seiler shall pay all
vests inall with such x'ork.
Permits. Seller shall procure at sellers to cast all necessary permits, cernfirmas and licenses required by all
applicable laws, regulations, on ina ens and rules crime sure municipality, lemrory or political subdivision where
The Seller shall release the Purchaser and its commctors of any her from all liability and claims army rotate
the work is performed, or required by any ofer duly constituted public authority, having jurisdiction over the work
resulting from the performance ofsuch work.
Of vendor. Seller tole, agrees In hold the City of Fon Collins hornless from and against .II liability and loss
incurred by them by reason of an ussmed or established violaion of any such laws, regulations, ordinances, roles
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
and rmuiremenm.
directors, oRcers and employees of such pony.
Authodvtion. All parties to this contract agree that the repreunmtives are, in fact, bona fide and possess full and
complete authority to bind said panic.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance in the means and wnditions stated
herein set fond and my supplementary or additional terms and conditions succeed hereto of inforpomead herein by
reference. Any additional or diRrent mrma and rendicaus pmp all by selder are objected to and borer, rejecal
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your
promised delivery dare as noted. lime is of the sscmm. Delivery and performance must be aBFcted within the time
stated on the purchase order and the documents attached her... No acts of the Purchasers including, without
limitation, acceptance of panic late deliveries, shall opemre as a waiver of this provision. In the event crony delay,
the Purchaser shall have, in addition to other legal and cgnimble remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result oral
Joe to camas ill masombly foreseeable which arc by mid its reawmable control and without its fault of negligence,
such arts ofGod, acts ofcihil or military auforidas, govemmental priontics,f s, strikes, flood, epidemics, wars or
riom provided that notice of the conditions wiling 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 my such delay, the date of delivery shall be
extended for fire period equal to the time actually lost by crown 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 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 sampled standands for work of a
similar nature. The Seller egrets to hold the purchaser hamlet, from any loss, damage or expense which the
Purchmer may suffer or incur on account arrive Sellers breach of wamnty. The Seller shall replace, repair or make
good, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer prod of
rime as may h prescribed by law or by the rams of my applicable warranty provided by the Seller after the data of
acceptance of the goods famished hereunder (acceprmce not to be ummwmbty delayed), moulting from imperfect
or defective work done or mmcrials furnished by the Seller. Acceptance . use of Rands by the Purchaser shall rot
committee a waiver of any claim under this wartarry. Extreme as otherwise provided fir this purchase Order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing w'amneies
or guamntees, but much liability shot] in no event include lass 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 terra by wimen change order
5. CHANGES IN COMMERCIAL TERMS.
The Externtmf may rmke any changes I. the tams, odwr Ills. legal mant including addiriors to or deletions from
the qumdties originally ordered in the specifications or drawings, by refit or worn change order. If any such
change aRects the amount due Or the time ofperfommce hermadm en equitable adjustment shall h made
6. TERMINATIONS.
The Purchaser may at any time by rental change order, marina¢ this agreement ss to any or all portions of the
goofs the. not shipped, subject m very equitable adjustment between the parties as to any work or =medals then in
progress provided rest the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
Portion office goods andsor work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respecuo any grads which are the Sellers standard stork. No such mmimtion shall relieve
the Purdtsser or the Seller affray affair obligations as to any goody delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim fen adjmunmt mill be asseded within firy (30) days from the data the Change Of imagination is
Ordered.
g. COMPLIANCE WITH LAZY.
The Seller warrants that all goads sold hereunder shall have been produced, sold, delivered and furnished in stria
compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and
deliver such documents. rimy be required to effect Or evidence compliance. All laws and regulmbns required to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser hammers from all art and damages suRerd by the puchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, tramfcr, or convey this under, or my monies due or to become due herna der without the
prior women consent ofthe other parry.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items fumishd
in performance of this agreement, free and clear of any and all liens, restr etions, reservations, security interest
encumbrances and claims of =hers.
The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is Performed or caused to be perf ennd by the Purchnsef.
14. PATENTS.
Whenever the Seller is required to use very design, device, material or process mvered by liner, patent trademark
or copynglit fire Seller shall indemnify and save hamless the Purch mar from my and all claims for infringement
by reason of the use of such prermad design, device, =lariat or process in mrmecdon with the contract and
shall indemmity the Purchaser for any can, expense or damage which it may be obliged to pay by reason of such
infringement at any time daring the uncertain or after the completion of the work. In case said equipment, or
any pun 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 awn expense and at its option, either procure for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
noninGinging equipment, or modify it w it becomes nmi filmong.
15. INSOLVENCY.
If the Seller abaft became inewdvmt err baN:mpt make an armignmem fen the benefit of creditors, appoint a
receiver or manse for any of the Sellers precisely or business, this offer may follwif be froub ld by the
purchaser without liability.
16. GOVERNING LAW.
The definitions off. usd or the interpretation ofthe agreement and the rights of all parties hereunder shall be
consfed under and g .ad by the laws ofthe Stam ofColoado, USA.
The following Additional Conditions apply only in cases where the Seller is in perform work hereunder,
including the services of Sellers Representative(s), on the premises ofothers.
❑. SELLERS RESPONSIBILITY.
The Seller shall wry on said work at Sellers own risk mail fire same is fully completed and accepted, red shall,
in was of any accident destruction or injury to the work and/or materials before Sella's final completion and
acceptance, complete the work at Sellers own expense and in the indirection of the Purchaser. Wham =aerials
end equipment one fmishd by others for moralistic. or erection by the Seller, the Sell. shall receive, commit,
store and handle same at the site and become responsible therefor as though such materials coal equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational
discom benefits, to its employees employed on or in connection with the work covered by this puns om order,
and/or to their dap cowers in u mrdaace with the laws of the some in which the work u to be done. The Sevier
shall also carry comprehensive gamral liability Imluding, but not limited to, contraction and automobile Public
liability insurance with bodily injury and death limits of. least $300,000 for any me person. SSaQOW far any
one accident and property damage limit per rcide d of SPOR". The Seller shall likewise acquire his
common, Harry, to Provide for such compensation and insurance. Before my crew Sellers or his mousions
employees shall do my work upon the premises of others, the Seller shall famish fire Purchaser with a certlficam
that such compensation and insurance have been provided. Such certificates shall specify the date when such
ampensatim and insurance have been provided. Such certificates shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until alter the
entire work is completed and comptd.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire respomibiliry and liability far any and all damage, dos or injury of., kind
or arrow whatramor to Persam Or property mused by or resulting from the execution of the work provided for in
this parchue order or in fro edion hereaddi. The Seller will indemnify and hold hornless the Purchaser and any
r all of the Purchasers officers, agents and employees from and against my and all claims, losses, damages,
charges or expenses, whether dirtd or Indiana, and whether to persons or property to which the Purchmicar may
M put or subject by reason of any act, action, neglect omission or default on the pan 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 the Purchase, or its officers, agents or employers at any time on account or
by reason of any act, action, neglect omission of default of the Seller of any of his contractors or any Of its or
their offices. agents or employees as aforesaid, the Seller hereby agrees as assume the defense thereof and to
defend the same at the Sellers own expense, to pay any and all corm, charges, atiomrys fees and other expenses,
my rind all judgmme, chat may be incurred by or Obtained against the purchaser or my of its or their officers,
agents or ample ens an such me. or other proceedings, and in cse judgment or order lien M placed upon or
obtained against the property of the Purcbaur, or said parties in or Or a =oil ofsuch suits or office Proceedings,
the Seller will aft once wow the same to be dissolved and duchmrgd by giving herd or otherwise. The Seller and
his cmbruca as shall take all -tiny precautions, publish and hermit all grads necessary far the prm'mrion of
accidents, comply with all laws and regulations with fegad to safety including, but without limitation, the
Occupational Safety and Health Act of 197D and all roles and regulations issued pursuant thereto.
Revised 0M014