HomeMy WebLinkAbout102620 MOUNTAIN STATES ELECTRONICS INC - PURCHASE ORDER - 3215028Fort Collins
Date: 01/02/2015
PURCHASE ORDER
Vendor: 102620
MOUNTAIN STATES ELECTRONICS INC
2107 S COLLEGE AVE
FORT COLLINS CO 80525-1426
PO Number Page
3215028 1012
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: 01/02/2015 Buyer:
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Signal Construction Supplies
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.wrn
1 LOT LS
5,000.00
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 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fan Collins is exempt fmm stale and local taxes. Our Exemption Number is
11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with she Collector of
Failure of the Pmchmv to insist upon strict prefomrance of the tenses and wMitiom hrrmL failure or delay to
Imemal Revenue, Danvee. Colorado (Ref. Colorado Revised Srtutrs 1973, Chapter 39-26,114 (a),
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach the acceptance of or p.Mr., for goods hereunder or approval ofee design, shall not artistic me Seller of
Good Rejected. GOODS REJECTED due to failure 0 meet specifications, either when shipped or due to defects of
any of the war anties or obligations of this purchase order and shall not be dremed a waiver of any right of the
damage in'remit, may he returned to you for credit and arc not in be replaced except upon receipt of wriven
puahaur to insist upon strict performance hereof or any of its rights or remedies m to my such goods, regardless
instructions from the City of Fort Collins.
of when shipped, received or accepted, in m my prior or subeoqurn' default hereurWm nor shall any puryorted
oral modification or rescission of Nis purchase order by the Purchaser opine as a waiver of my affair tans
Impaction. GOODS e2 subject to the City of Fort Collins inspection on areva1.
hereof.
Final Accnitmce. Receipt of the rmrcharMiR, services nt a tipinmt in response to this doer can result as
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of me City of Fon Collins. However, it is to be understood fast FINAL
Seller and the Purchaser recdgnire that in actual a dorms practice, overchargrs resulting fmm submit
ACCEPTANCE is dependent upon completion ofall applicable original inspection procedures.
violations art in fact home by the Purchaser. Theretofore, for good cause and as considertion fur executing this
Purchase order, the Sella hereby assigns to the purchaser my and all claims it may now have in hereafter
Freight Terms. Shipments must be F.O.B., City of Fail Collins, 700 Wood Sr-, Fan Collins, CO 80522, If.
acquired under federal or state antitrust laws for such overcharges existing to the particular good or services
otherwise specified on this Doer. Upermission is given to prepay freight and charge separately, the original freight
purchased or acquired by fe Purchaser pursuant to this purchase order.
bill must accompany invoice. Additional charges for packing will not be accepted.
13.PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufazmters have distributing points in various pans of the country, shipment is
Ifffe purchaser directs the Seller to correct nonconforming or defective goods by a" a in he agreed upon by me
expected firms me neater distribution prior to dest ration, and excess freight will he deducted fmm Invoice when
Purchation and the Seller, and the Seller metmfter indicates its imbiliry for unwillingness to comply, the Pumhazer
shipments are made room gtv4r disunce.
may aauu the work to be predicated by to most expeditious means mailable to it, food the Seller shall pay all
costs associated wins such work.
Permits. Seller shall procure at tillers sole cast all nexca ry pemrits, refficatec aro licetvers raryiral by all
applicable laws, regulanom, oadbunces arrd roles of the state, municipality, memory for political subdivision whom
the work is performed, or required by any offer duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fan Collins armless from and against all liability and loss
incurred by them by motion of on rosined or established violation of my such laws, regulations, ooinances, roles
and requirements.
Augmentation, All partite to this contract agree that the representatives aer, in fact, bona fide and possess full and
complete authority m bind said panics.
LIMITATION OF TERMS, 'Ibis Purchase Order expressly Items accepter« to the'emu and conditions stated
herein tit form anal any supplementary or additional teems and conditions a.exed harem or incorporated herein by
refrmce. Any edditia.l or different rents and coeditioas proposed byseller are objmad to aed hereby jawaL
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to serve on your
promised delivery, date as noted. Time is of the essence. Delivery and performance must be effected within the time
stated on the purchase order and the documents etached herons. No acts of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall Wants as a waiver of this provision. In the event of my 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, me Seller shall not be liable for damages as a cash of delays
due to causes not rawatably foreseeable which are beyond its reassemble control and without its fault of negligmce,
such errs oJ`God,acts afrivil arc military authorities, govemmenal priorities, I—, strikes, Rood, epidemics, wars or
dots provided that oatim of me conditions musing such delay is given an me purchaser within five (5) days of the
time when the Seller first received knowledge mer of In the event of any such delay, me date of delivery shall be
extended for the period usual to me time actually lost by reason of me delay.
3. WARRANTY.
The Seller warmes that all goods, articles, materials and work covered by this order will conform with applicable
dr wings, specifications, samples intrigue other descriptions given, will be fit for the purposes intended, and
Performed with the highest degree of care and compliance in accordance with dastard standard for work of a
similar more. The Seller agrees to hold me purchaser harmless from my loss, damage or expense which the
Purchaser may sulfa or incur on account of the Sellers broach of werrary. The Seller shall replace, union or make
good, without cast to the purcMur, my defects or faults arising within one (1) year or within such longer period of
'ime as may he prescribed by law in by the teats of my applicable warranty provided by de Seller after the date of
acceptance of me good fiunished hercmda (acceptance not to be umeammbly delayed), resulting from impttfxt
in defective work done in materials famishd by the Seller. Acceptance or me, of goods by me Purchaser sail out
corstimte a waiver ofmy claim under this warrmry. Except as otherwise provided in this Farmhouse order, the Sellers
liability hereunder sell extend to all damages proximately caused by me beach of my of me foregoing warranties
or guarantors, but such liability shall in no event include loss of prefirs 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 ante by wain can, order
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes as me tams. ofer man legal terms, including additions m or deletions from
de quantities originally radical in the specifwtiom a drawings by verbal Or wrinm conga order. If any such
change affects the meant due for me rime of wrfoemame hereunder, an equitable xljustment mall he made.
6. TERMINATIONS.
The Purchaser may as any time by Once. change .,on, terminate this agreement as to any or .11 pm e- of me
goods then not shipped, subject to any equitable adjustment between fe parties as to my work or materials then in
progress provided mat the Purchaser shall not be liable for any claims for amicyard prefix oa the uncompleted
premium of flue good moor work, for incidental or consequential damages, and tat no such Wjtatment be made of
favor of the Seller with respect to my goods which me the Sellers sandard stock. No such mrmination shot] relieve
the Purchaser or the Seller of.y oFffsr obligations as to any goad delivered hereuMer.
1. CLAIMS FOR ADJUSTMENT.
Any claim far adjustment must the, asserted wiffia thirty (30) days from the date rim change or armimrion is
ordered.
8. COMPLIANCE WITH LAW,
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the gauis are subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence complisfce. All laws and regulations required to be
inampo said in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchmtt armless firm all cosy and damages sulTered by the Puehmer as a result of me
Sell. failure to comply wins such law.
9. ASSIGNMENT.
Neither party shall assign, bunsfer, or convey this order, or my monies due or to become due hereunder without the
PH., won. coevent of Ihe other pony.
10. TITLE.
The Seller warrants PoI1, clear and unrestricted title to me Purchaser for all equipment, materials, and items famished
in performance of this agreement, free and clear of my and all liens, restrictions, reservations, security interest
eneumbemces and claims ofothers.
The Seller shall release the Purchaser and its mno-achas of any tier from all liability and claims of my moue
resulting faces the perfoemarme of such work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, oDicen and employees of mcM1 party.
The Sella's contractual obligations, including waraary, shall not be dremed to be reduced, in any way, became
inch work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Sella is requited m use my design, desire, material or xmse ss covered by lever, patent, trademark
or copyright, the Seller shall indemnify and! Nice Meatless the Purchaser from my and all claims for infringement
by common of the use of such patented design, desire, material or process in munecnna with me contract, and
shall indemnify the purchaser far my cost, expense or damage which it may be obliged to pay by rcuwa of such
infringement at any time during the proration or after the completion of the work. In case said equipment, or
any pan thereof or the mtrnded use of the good, is in such mit held to conslirte infringement and the OR, of
said equipment or part is enjoined, the Seller shall, at its own expense and at its option, eiffer procure for the
Purchaser the eight to continue using said equipment or pans, replace the same with substantially regal but
...infringing equipment, or modify it arc it becomes mrnivftlnging.
15. INSOLVENCY.
If the Seller shall become insolvent Or bankeupt, make on assignment fur the bane(' of creditors, appoint is
receiver or homme fur my of the Sellers property or buas sw, this under may foMwim be, canceled by fe
,.R,mmr without liability.
16. GOVERNING LAW.
The definitions ofterem used or the interpretation of the agreement and the rights ofall panics hereunder shall be
informed under and governed by the laws ofine State of C.Iamda, USA.
The following Additional Conditions apply only in cases where me Seller is to per[ weak hereunder,
including the services of Sellers Represcr udvKs), oa the premises aromas.
17. SELLERS RESPONSIBILITY.
The Seller shall carry. said work st Sellers own risk until the. is fully completed and mreptad, aM na11,
in cone of any mcidem, destruction or injury in the work andtor materials before Sellers final completion and
acceptance, complete the work at Sellers own expense and to the satisfied. of the Purchaser. Whim mmnials
and equipmennl arc f shed by others for installation or section by the Seller, the Seller shut] rtteive, sound,
smrt and handle same at the site and become rapossible therefor as enough such materim, andrm equipment
were being famished by fe Seller mach the doer.
18. INSURANCE.
The Seller sell, at his own expense, provide for me payment of workers compensation, inclading occupational
disease benefits, m its employees employed an in th connection with me work covered by this purchase order,
andlor to their depandens in accordance wif Ure have .f me state in which me work is to be done. The Seller
salt rim carry comprehensive generl liability including, but con limited to. automation and automobile public
liability imumnce with bodily injury and drat limits of at least $300.000 fur my our person, $500,000 for my
one accident and property damage limit per accident of 54W.000. The Seller sill likewiR rryuire his
comrac ens. if any. to provide far such campansamon and issuance. Bofom any of fe Sellers a his coo..
employers shall do any work upon fs p.ism i f offers, the Seller sell famish It, Prrcasrr wins a reni0mte
that such compensation and insurance have been provided. Such similitudes shall specify me date when such
compensation and insurance have been provided. Such certificates salt specify the date when such compensation
and insurance expires. The Seller agrees 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 respershiliry and liability fur my and all damage, loss or injury, of any kind
in .tare watsaever in persons or property, mused by or resulting fmm the execution afthe work provided for in
this purchase order or of correction herewith. The Seller will indemnify and held hamdesa no Poorhouse and my
or all of the Pmcaam offii agents and employees fmm and against any and all claims, losses, damages.
charges or expenses, whether direct arc indirect, and whether to presom a property m which the Purchaser may
be put for subject by ecawn of any act, action, neglect, omission or default on the port of the Seiler, any of his
contractors, or my of the Sellers or contractors oRcat, agents Or employres In eau any suit of other
proceedings shall Is, brought against the Purchaser, or its officers, agents or employees at any time on account or
by reason of my rat, snider, neglect omission or default of the Seller of any of his contractors or any of its or
their atficers, agents or employees as aforesaid, the Seller hereby ogees to assume the defense fared and to
defend the mine in the Sellers own expense, to pay any sued all cons, canes. anomeys fees and order expenses
my and all judgmme, tat may he incurred by or obuiewd against Its, purchaser or my of is for their offices,
agents or employees in such was or antes proceedings, aM in rase judgment or afar fins be placed upon or
obminal against the property of the Purchaser, or said parties in. m is mull of such suits or amen proceedings,
the Seller will at ..or cauR Ne same Id be dissolved and discMned by giving bond or c ferwiR. The Seller and
his ...tractors shall eake Of safer pemmtims, furnish and instill .11 guard necesmry for the pervasion of
accidents, comply with all laws and regulations with regard to safry including, but without location, rise
Occupational Safety add Houlth Act of 1970 and all rules and regulations issued porsumt merest.
Revised 0/4B)14