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HomeMy WebLinkAbout247472 AM SIGNAL INC - PURCHASE ORDER - 3215314Fort Collins Date: 01/13/2015 Vendor: 247472 AM SIGNAL INC 9935 TITAN PARK CIRCLE LITTLETON CO 80125 PURCHASE ORDER PO Number Page 3215314 1012 This number must appear on all invoices, packing all s 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 I Signal Supplies and Repairs 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 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 ;IX kmilizzlitir-gimmmm Kwr.r flirwrip Page 2 of 2 I. COMMERCIALDEFAILS. Tax exemµmm, By statute the City of Fort Collins is exempt from scale and local taxes. Ow Exemption Number is 11. NONWAIVER. 98-01502. Federal Excise Tax Exemption Conifer. of Regisay 84fi000587 is registered sixth the Collmror of Failure of the Purchaser to iwsr upon spin performance of the terms and condtions belief, failure or delay to Internal Revenue. Denver, Colorado (Ref Colorado Revised Statutes 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 arceptmce ofor payment for goods hereunder im approval of the design, shall nouelease the Seller of Goods Rejected. GOODS RE ECTED due to failure to meet specification, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waver of my right of the damage in transit, may be retained at you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance Immoral my of its tights or ternaries as to my such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to my prior or subsequent default hereunder, nor shall my purmned oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms Inspection. GOODS are subject to the City of Fon Collins inspection on arrival. hermf. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order eon result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. of Fall Collins. However, it is to be understood That FINAL autherimd Payment on the pan of the City of Seller and the Palliator recognive that in actual economicresulting practice, overcharges from antitrust ACCEPTANCE is dependent upon completion of all applicable rryuired inspection procedures. violations are in fact home by the Purchaser. Theretoforefor good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter Freight Terms Shipments must be F.O.B.. City of Fall Collins, 70o Wood St. Fall Collins, CO 80522, unless acquired under federal or note mtionew laws for such overdurgm relating in the particular goods or services otherwise specified on this order. If permission is giver to prepay freight and charge separately, the original freight purchased or allowed by the Purchaser mention to this purchase order. bill must accompany invoice. Additional charges for packing will ant M accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution Point to destination, and excess freight will be deducted from Invoice when shipments are made from greater dlscance. Permit. Seller shall procure at sellers sole cost all necessary permits, certificated and licenses required by all applicable laws, regulations, ordinances no rules of the state, municipality, territory or pol Meal subdivision where the work Is performed, or required by any other duly constituted public authonry having j urisdiction over the work of vendor, Seller further agrees to hold the City of Fall Collins harmless from and against all liability and loss incurred by them by reason of m reunion or established violation of any such laws, regulations, radiances, miss and requirement. Authaneation. All parties to this contract agree that the representabives are, in fact, bona fide and possess full and complete authorry to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tears and conditions stated herein set forth and my supplementary or additional moors and conditions mnexed hereto or incorporated herein by reference. Any addinonal or different erms and conditions proposed by seller are Objected as and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive 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 attached hereto. No our of the Pumhasers including, without limitation, acceptanceofmcnal late deliveries, shall operate asawaiverofthis provision In the event ofeny delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of plaring this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due at causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence. such tits of God, acts of civil or military authorities, governmmW inclines, fires, strikes, food, epidemics, veers or note provided that notice of the cmddons causing such delay is given m the Purchaser within rive (5) days of the time when the Seller first received knoutedge thereof In the event of any such delay, th<date of delivery shall M combed for the period equal to the time actually lost by reamn of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will confoam with applicable drawings, specifications, samples molar other descriptions give, will be fit for the purposes intended, and Performed with the highest degree of one and mmpemnce in accordance with accepted stmdards for work of a imilar nature. The Seller apses to hold the purchaser h mplen from my loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wartmry. The Seller All replace, reptur or make Fred, without cost to the purchaser, my defects or faults arising within one (1) year or within such longer period of time as may be premnbed by law or by the terms new applicable want provided by me Seller after the date of acceptance of the goods furnished hereunder (acwptance not to be unreasonably delayed), resulting from imperfect or defactive work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not command a waver of any clam under this examanry. Except as otherwise provided in this purchase order, the Sellers liability hereaMer shall emend to all damages proximately caused by the breach of my of the foregoing warranties or guarmtion, but suds liability shall in no event include loss of profits or loss of tau. 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 written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may maa anise my chses to the terms, other than legal terms, including additions to or deletions from the quantitiesonginally ordered in the specifications or drawings, by verbal or written change order. If my such change effects the amount due or the time of perfmmmce hereunder, an equitable adjustment shall be made. 6 TERMINATIONS. The Purchaser may a my time by mitten change order, terminate this agreement as to any or all per ions of the goods trim not shipped subject to my equitable adjustment between the ponies u ad my cork or parents than in progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect in my goods which are the Sellers stmdard mock. No such termination shall relieve the Purchaser or the Seller of my of their obligations as to my goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within faulty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder All have been produced, sold, delivered and furnished in unr compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such document as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character we hereby incorporated herein by this reference. The Seller agrees to indemnify and Mid the Purchaser harmless from all ass and damages sufica d by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Nether parry shall assign,..,for, or as, this order, or any mania due or w became due hereunder without the prior on. consent of the other parry. 10, TITLE. The Seller wmrmts full, clear and mar ormad aide to the Purchaser for all equipment, matenals, and items furnished in performance of this agreement, free and clear of my and all liens, restrictions, reservations, security in dent encumbrances and dams of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the purchaser and the Seller, and she Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be Performed by the moss expeditious means avalable to is and the Seller shall pay all costs aswciated with such work. The Seller shall release the Purchaser and its contractors of my tier from all liability and claims of my nature resulting from the performance of such work. This release shall apply even in the event of fault of treat of the parry micuW and shall extend to the directors, officers and employees of such parry. The Sellers contractual obligatoos, including waranry, shall not be deemed an be reduned in my way, because such work is performed or caused as be performed by the purchaser. 14. PATENTS. Whatever the Seller is required to use my design, device, material or process covered by letter, punt, trademark r copyright, the Seller shall indemnify and save harmless the Purchaser from my and all claims far infnngemmt by reason of dre use of such Named desipa device, materiel or process in commtion with the contract, and shall indemnify the Purchaser for my coca, expense or damage which it may be obliged to pay by reason of such infringement at my time during the prosecution or after the completion of the work. In cue sad equipment, or my pan 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 own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pies, replace the sane with substantially equal but noninfringing equipment, or modify it sex it becomes noninfnnging. 15. INSOLVENCY. If the Seller "I become insolvent or bnkr Ix, make m assignment for the bmefa of crediwrs, an,lot a recinver or but for my of the Sellers property or business, this order may faMwith be canceled by the purchaser witheme liabllim, 16. GOVERNING LAW. The definitions of terms treed or the interpresadon of the agreement and the rights of ell pones hereunder shall be coosaued under and governed by the laws of the Sum of Colomda, USA. The following Additional Conditions apply only in Gazes where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on the premises strollers. Ip. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers over risk until the same is fully completed and accepted, and shall, in e of my accident, destruction or injury to the work mdlor materials before Sellers find completion and uepeary, , complete the work ar Sellers own expense and to the satisfaction of the Purchaser. When matured, and equipment are furnished by others for installation or mection by the Seller, the Seller shall mceise, unload same and handle same in the site and became responsible therefor as though such materials and/or equipment were being furnished by rise Seller under the order. IS, INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including ommexam col disease hmefts, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in ucomdance with the laws of the stud in which the welt is to be done. The Seller shall also tally comprehensive groeral liability including, but not limited ca, contractual and automobile public liability insurance with bodily injury and death limits of an least $300,000 for my one person, SW," for my one accident and property damage limit per accident of S400000. The Seller shall likewise require his actors, if any, to provide fie such compensation and insurance. Before any of the Sellers may contractors employees shall do my wok upon the premises of others, the Seller shall famish the Purchaser with a cenifcate that such compmmtion and insurance have been provided. Such conficarm shall specify the date whin such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and instance shall be maintained Of after did entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes rive more responsibility and liability for my and all damegq loss or injury of my kind or nature whatsoever to Poisons or property caused by or resulting farm the execution of the vwrk provided for in this purchase order or in connection herewish. The Seller will indemnify and hold harmless the Purchaser and my or all of the Purchasers officers, agents and employees fmm and agm n my 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 or subject by reason of my act, action, neglect, omission or default an the pan of the Seller, my of his contractors, or my of the Sellers or contractors oEcers, agents or employees. In case my suit or other proceedings shall be brought against the Purchueo or its officers. agents or employees at any time on account or by reason of my act, action, neglect, omission or default of the Seller of my of his contrumrs or my of is or their officers agents or employees a aforesaid, the Seller hereby agrees in assume the defense thereof and In defend the same at the Sellers awn expense, to pay my and all cost, charges, anomen fees and other expenses, my and ail judgmens that may be incurred by or obtained against the Purchaser or my of its or their officers, again or employment in such sums or other proceedings, and in case judpnms or other Jim be placed upon or obtained against the property of the Purchaser, or sad parties in or as a result of such suits or other proceedings, the Seller will in once cause the same m be dissolved and discharged by giving bond or otherwise. The Seller and his comet ants shall cake all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limiwioo, the Occupational Safety and Health Au of 1970 and all In and regulations issued pwsumt themes. Revised (OnO14