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HomeMy WebLinkAbout110520 TRAFFIC SIGNAL CONTROLS INC - PURCHASE ORDER - 3215305Fort Collins Date: 01/13/2015 PURCHASE ORDER Vendor: 110520 TRAFFIC SIGNAL CONTROLS INC 255 WEAVER PARK RD #100 LONGMONT CO 80504 PO Number Page 3215305 1o12 This number must appear on all invoices, packing slips and labels. Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS CO 80524 Delivery Date: 01/13/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Traffic Signal RepairEquipment 1 LOT LS 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. 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 [TiltsI 11I Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Teons and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Lem Ocemptions. By statutethe Cityof Fon Collins isexempt fmmsuroandlocal taxes. Our Exemption Numberis 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-SX41587 is registered with the Collector of Fvluse Of the Pwrhaser to most upon strict perfomunce of the temu and conditions herwE failure or delay to Inmmal Revenue. Denver. Colorado (Ref Col.& Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, fail urc to promptly tied Fy the Seller in the event of a breach, me arcepemw ofor payment for goods hereunder or approval of the deign, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specification, either whim shipped or due to defects of any of the warrantee or obligations of this purchase order and shill not be deemed a waiver of any right Of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written Purchaser m insist upon strict performance hereofor any of Its tights or remedies as to any such goods, regardless instructions from the City of Fon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any poryoned oral modification or rescission of this purchase order by the purchaser operate as a waiver of any of the terms Inspection. GOODS are wal to the City of Fort Collins inspection on arrival. herenC Final Acceptance. Receipt of the merchandise, samerces or equipment in response to this order can cult in 12. ASSIGNMENT OF ANCTRUSTCLAIMS. announced payment on the pan of the City of Fort Collins However, it is to be understood East FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from sommust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for canceling this purchase code, the Seller hereby assign to the Purehaser any and all claims it may now have Or hereafter Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood Sr, Fort Collins, CO 80522. roles acquired under federal or rate moment laws for such overcharges relating to rise particular goods or services otherwise specified on this order, Riemannian is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charge for packing will net be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans Of the country, shipment is If the Purchaser directs the Seller to correct nonwnfoaming or defmtive goods by a date ro be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser andthe Seller, mdthe Seller thereafterindicares its inability crunwillinpess to comply, the Purchaser shipments are made from greater distance may cause the work to be performed by the most expeditious means avalable to It and the Seller shall pay all casts acmcimed with such work. Permits. Seller shall procure at sellers sole boat ill necessary permits, ceoficates and licenses required by all applicable laws, regulations, ordinances and rules of the some, manicipality, territory or political subdivision where The Seller shall release the Purehaser and its contracturs of any net from ill liability and clams of any nature the work is performed, or required by any other duly conomted public authodry having jurisdiction over the work resulting from the penbrtnmce of such work. of vendor, Seller factor agrees to hold the City of Fan Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation Of my such laws, regulations, ordinances, mles This release shall apply even in me event of fault of negligence Of the party released and shall extend to the and requirements, directors, officers and employees of such pony. Authimearion. All pames to this contract agree that the r yreenutism are, in fan, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stand herein set form and any supplementary or additional terns and conditions annexed herein or ineorperaod herein by reference. Any additional or different terms and conditions rumored by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make compiled shipment in move on your promised delivery dare as noted. Time is of the nature. Delivery and performance most be effecred within the time stated on the purchase order and the documrnm attached hereto. No azo of me Purchasers including, without limitation, acceptnce of partial late delivenes shall opened as a waiver of this provision. In the event of any delay, me Purchaser shall have, in addition to other legal and equitable remedies the option of placing min order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due ro causes not reasonably foreeeable which are beyond in reasonable wnool and without its fault of negligence, such acts of God, acts of civil or military aumandes, governmental Promote, fires, strikes flood, epidemics, was or non provided mat notice of the conditions causing such delay is given to me purchaser within five (5) days of de time when the Seller first received knowledge thereof In the event Of any such delay, the date of delivery shall be extended for me period equal to the time actually lost by reason of me delay. 3. WARRANTY. The Seller waronas that all god, articles, materials and work covered by this order will conform with applicable drewinga, sWith.,., sample mdnr pier descriptions given, will be fit for the purpose intended and performed with me highest degree of care and competence in accordance with accepted rmdard for work of a similar nature. The Seller agrees in hold the purchaser harmles from any loss, damage or expense which the Purchaser may suffer Or incur on account of the Sellers breach of warmly. The Seller shall replace, repair or make god without cast to me purchase, 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 mom of any applicable waranty provided by the Seller after the dam of acceptance of the good furnished hereunder (acwpwce not to M unreasonably delayed), resume, from imperfect or defecrive work done or materials famished by me Seller. Acceptance or ux of guards by the Purchaser shall not constitute a waiver of any claim under this wermry. Except m otherwise prosided in this purchase order, the Sellers liability hereunder shall extend toall damages proximately caused by the breach of any of the foregoing svanmtiea or guarm tea, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FrrNESS FOR PURPOSE SHALL APPLY. 4. CHANGES W LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terns, including additions to or deletions from the quarimes originally ordered in the specifications or drawings, by verbal or written manage order. If any such change aBects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6 TERMINATIONS. The Purchaser may many time by wri wn charge meet, terminate this agreement in to any or ill portions of the good then not shipped, subjen to my equitable adjustment between the parries into my work or materials then in progress provided that me Purchaser shall not be liable for my clams for anticipated pofin on me uncompleted Portion ref the god mNor work, for incidental or consequential damage, and that no sea adjustment be creditor frier of the Seller with respect to my goad which ae the Sellers stmdard crock. No such termination shall relieve the Purchas<r or the Seller of my of their obligations as in my goods delivered hereunder. t. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants the all goods sold hereunder shall have been produced, sold, deliverN and famished in rode compliance with all applicable Iaws and regulations ro which the gad arc mbjm. The Seller shill execute and deliver such documents in may be required to effect or evidence compliance. All laws and regulations required to be corporuc l in agreements of this character are hereby incorporated herein by this reference. The Seller agrees in indemnify and hold the Purchaser harmless from ill tuns and damages suffered by me Freshener as a result of me Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall ensign, transfer, or convey this order, or my monies due or to become due hereunder vertical the p rt r written consent of the other party. 10. TITLE The Seller warrants fill[, clear and mrestricted fide ro the Purchaser for all equipment materials, and items fomented in performance of this agreement free and clear of my and all liens, restrictions, mervarion5, security interest encwnbnae and claim ofothcrs. The Sellers coomadmil obligation, including warranty, shall nor be deemed to be, reduced, in any way, bemuse such work is performed or caused to be performed "a Purchaser. 14. PATENTS. Whenever the Seller is required in use any design, deice, material or process covered by Inver, parent, trademark or wpynght,the Seller shill indemnify and save harmless me Purchase from any and ill clams for inGngement by reason of the use of such panted designs device, material or process in connection with the wntran, and shall indemnify me Purehaser for any con, expense or damage which it may be, obliged to Pay by rcawn of such infringement at any time during the prosecution or after the completion Of me workla two said equipment or any pan thereof or the inedded use of the goods, is in such suit held to constitute infringement and the use of sad equipment or pan is enjoined, me Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially ured but noninfringing equipment, or modify it so it becomes npninMnging. 15. INSOLVENCY. If me Seller shall became iuolvent or bmkrups, make an assignment for the benefim of mechrom, appoint a receiver or trustee for y of the Sellers property or business, this order may forthwith be canceled by the Purchaseran cement liability. 16. GOVERNING LAW. The definitions of Dana used or me inter sommus ofthe agrremrnt and the rights of all parties hereunder shall be wnswed coder and governed by the laws of the Sore of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Reponvinativen), on the premises Of others. 12 SELLERS RESPONSIBILITY. The Seller shall carry on said work a Sellers own risk until the same is fully completed and accepted and shi in case of any accident denmmon or injury to the work and/or materials before Sellers final completion and acceptance, complete the work ar Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at me site and became responsible therefor an though such materials and/or equipment were being famished by the Seller under the order. IS, INSURANCE. The Seller shall, in his own expense, provide for the payment of workers compurarion, including acrWauorW disease benefiu, to its employees employed on or in connection with the work covered by this purchase order, count to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited ro, conuactual and automobile public liability insurance with bodily may, and death limits of at least $300,000 for any one person, 5500,000 for any one accident and property damage limit Per incident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such contamination and insurance. Before my of the Sellers or his commnors employees shall do my work upon the premises of others, the Seller shall famish die Purchaser win a cemficare rant such compansatimn and insurance have bean pusnded. Such certificates short specify the date when such compensation and insurance have been provided. Such cenificam shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and Inummce shall be maintained until after me entire work is completed and accepted_ 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire memorability and liability for my and all dnmage, loss or injury of any kind or nature whaooever to persons or property cauud by or mulling from the execution of the nwrk provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my or at of the Purchasers officers agents and employees from and against any and ill clams, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or prapery to which me Purchaser may be put or subject by reason of my tut, action, neglect omission or default an the pan of rise Seller, my of his contractors, or my of the Sellers or contncmrs officers, agents or employees. In case my suit or other proceedings shill be brought agent the Purchaser, or its officers, aganm or employee in my time ow account or by reason of my act action, neglect, omission or default 0f the Seller of my of his contractors or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay my and all costs, charges, attorneys fees and other expenses, my and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such was or other proceedings, and in cue judgment or other lien be placed upon or compel against the property of the Purchaser, or said panes in or as a result of such suits or other proceedings, the Seller will at once ace the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for me prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rule and regulations issued pursuant thereto. Revised 072014