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HomeMy WebLinkAbout507829 AEGIS ITS INC - PURCHASE ORDER - 9125530City of Fort Collins Date: 10/18/2012 Vendor: 507829 AEGIS ITS INC 3360 E LA PALMA AVE ANAHEIM California 92806 PURCHASE ORDER PO Number Page 9125530 1of3 This number must appear on all invoices, packing slips and labels. Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS Colorado 80524 Delivery Date: 10/18/2012 Buyer: ED BONNETTE Note: PER 7397 TRAFFIC SIGNAL CONTROL SYSTEM CONTRACT AWARD TO AEGIS ITS. Line Description Quantity UOM Unit Price Extended Ordered Price Traffic Signals System 1 LOT LS 185,273.00 Centracs 2 CCTC Modules 1 LOT LS 33,168.00 50 + 5 users 3 ASC/3 Rack Mount Controllers 1 LOT LS 29,559.00 CMAQ Share 4 ASC/3 Rack Mount Controllers 1 LOT LS 3,318.00 As per term and conditions of Traffic Signal Control System RFP 7397 5 CCTV Software Maintenance 1 LOT LS 5,479.70 2 years (req 42810) City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 City of Fort Collins PURCHASE ORDER City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, CPPO 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 PO Number Page 9125530 2of3 rhi: number must appearll invoices, packing slips and labels. Total $256,797.70 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase OrdcrIerrns and Conditions Page 3 Of 3 1. COMMERCIALDETAHS. Tax examptioas. By statute the City of Fort Collins is exempt Item state and local taxes. Our Exemption Number is 11. NONWANER. 98-04502, Federal Excise Tax Exemption Certificate of Registry 84 6000587 is registered with the Collector of Failure of the pumhmer to insist upon strict performance of the terms and conditions hereof, failure or delay to loteinzl 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 acceptance ofor payment for goods hereunder or approval of the design, shall not elease the Seller of Goods Rejected, GOODS REJECTED due to failue o meet specifications, either when shipped or due o defects of any of the anomalies lies or obligations of this purchase order and shall not be deemed a waiver of any fight of the damage in monsil, may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights orremedies es to any such goofs, regardless institutions from the City of For Collins. of when shipped, received or accepted, w to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Punhower Woman as a waiver of any of the mans Inspection. GOODS era subject to the Ciry of Fort Collins inspection on consul. hereof. Final Acceptance. Receipt of the merchandise, serves or equipment in response to this order, can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood Char FINAL Seller wd We Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependentupon completion troll applicable regviredinspection procedures. violations are in fact home by the Purchase, Theretofre, for good cause and as consideration far executing this purchase lime, We Seller hereby assigas to the Parfiaser any end all claims it may now have or hereafter Freight Terms. Shipments most be, F.O.B., City of Fort Collins, 900 Wood Sh, Fair Collins, CO 80522, unless acquired under federal or stare adifust laws far such ostac arges totaling to the particular goods or aety eons otherwise specified on this order. If pcmrission is given to prepay freight and charge separately, Use original freight purchased or acquired by the PumLmmprommat to thispurchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment When manufacturers havedratimnbuling in various parts the shipment is Pur the Seller to correct no by a date to comply, upon by the or dcndty IfthPurchaser rommna. dcountry.from I de to dmtiwtian, and excess freight will be deducted from Invoice when d excess expected from thenearestreater or mds ad the er indicates Purchaser Purchaser and the Seller,and 'he Seller thereafterindicatesits inabilityorunwillingnesstocomply, shipments ere made from greater distance. distance. shall may cause the work to be porfammd by the most expeditious means available to it, and the Seller shall pay all may costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificare all licenses occultedviion applicable laws, regulation, ordinm and roles xtata, territory r political w th where The Seller aball release the Pumhasrr and its contractors of any tier from all liabiliry and claims of any nnwm y a d public authority hating over the work rfe sankis r or duty ion over medo,r byld resulting from the performance afsuch work. flu, ity of Fort Collins noiceuthonry d ,limit all lea vendor. Seller f rteas agrees to hell the City of Fort Collins harmless from and against all liability and loss Seller peraI in reed them by reason of an asserted or eslablisheJ viomtion of any such laws, regulations, ordinances, roles This release shall apply even in the event of fault of negligence of the party rcleuscd and shrill extend to the and requirements. re directors, oRcers and employees ofmch P.M. Authorization. All parries to this contract agrcr that the repmandatives are, in Oct, bona fide and possess full and complete outhonly to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tenses and conditions staled Retain set fords and any supplementary or additional mmrs and conditions awexM herein or incosomted herein by reference. Any additional or different terms and conditione proposed by seller are objected to and hereby rejected. I. DELIVERY. PLEASE ADVISE PURCHASING AGENT Immediately tryou cannot make complete shipment to arrive on your promised delivery data as noted. Time is of the essence. Delivery and pcKorm miss mast be effected within the time smted on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limiation, compance ofpartial late deliveries, shall operate as a waiver of floes provision. In the event of any delay, the Purchaser dull have, in addifion to oWcr Irgnl and equimMe 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 ofddays due to anuses not anummobly foreseeable which arc beyond its reasonable control and without its fault ofnegligence, such ads of6mb acts ofci,ii or milimry nalum es, gmeammormi priorities, fires, strikes, flood, epidemics, wars or data provided Chit notice of the condifioms musing 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 delay, the data of delivery shall be extended for the panod equal to the time actually tat by reason ofthe delay. 3. WAIU iY. The Seller snumis that all goods, asides, mumrud, and work scoured by this order will amdurtn with applicable drawings, spmifatio e, samples and/or other descriptions given, will he fit for We purposes intended, and Performed with the highest degree of care and competence in accordance with accepted summands for work of a similar wort. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser nay suffer or incur an account of the Sellers breach ofwane nty. The Seller shall replace, repair or make good, without cost to the northeast, any defects or faults arising within one (1) year or within such longer period of time not may be prescribed by law or by $a tern¢ of any applicable wm rm, provided by the Seller an,, the data of eceptanrn of the funds fmisbed hereunder, (acepmnce not to be unreasonably delayed), resulting from imperfect or defective work done or materials fuished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach army, of the foregoing lit or guarantees, but such liability shall in no event include loss affronts or lass of ase. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal lames by written change order. 5. CHANGES IN COMMERCIAL, TERMS. The Purchaser may make any changes to the moms, other than legal terms, including additions to or Jeletioas from the quitnlilies originally ordered in the sped fictions or dmwinPi, by verbal or wnnen change order. If any such change affects the amount due or the time ofperbar ante hereunder, fin equ sable adjustment shall be made. 6.T'ERMINATIONS. The Pardoner may at any time by written change order, terminate this agreement ew to any or all portions of the ,..,Is Ibenm :l slipped, aublect to any equimble nduzlment banween the panic as m any work or materials fi en in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted ponion of goods and/or work, for cidenml or consequential damages and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such temtination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. y. CLAIMS FOR ADJUSTMENT. Any claim for adjori meal mull be asserted within thiM (30) days Boom the but the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants Wit ell goods sold hereunder shall have areas produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goads are subject. The Seller shall execute and deliver such reactionaries as may be required to effect or evidence compliance. All laws wd regulations required to be ncarytmted in agreements of this character art hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Patient, harmless from al I casts and damages suffered by the Purchaser as a mark of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, tmasfeq or convey this ardeq or any monies due or to became due hereunder without the prior wrnen coasenl of the other perry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items finished its perfmmamer of this agreement, free and clear of any and all diem, restrictiaas, reservation, security interest arnmebmnaes and claims of others. 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 performed by the Purchaser. 14. PATENTS. Wbeneverthe Seller is required to use any design, device, material or process covered by letter, patent, trademark or <opyrigla, the Saller shall indemnify and save 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, expene or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or afar the completion of the work. In case said equipment, or any part thereof or the intended use of the goads, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own exparse and at its oplion, either procure for the Purchaser the right la continue using said equipment or pants, replace the same with snbstanfiolly equal bar none firoging equipment, or modify oso it becomes noninfnnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankini make as assignment for Om benefit of creditors, appoint is receiver or trmme for any of the Sellers property or business, this order may foMwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of lames used or the interpretation of We agreement and the rights of all Parties hereunder shall be construed under and governed by the laws offlu, State of Colorado, USA. The fallowing Additional Conditions apply only in came where the Seller is to perform work hereunder, including the services of Sellers Represamidive(a), on be promises ofothers. 17, SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until Ilm Same is fully completed and accepted, end aholl, in e of any accident, destruction or injury to the work author materials billion Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When nurconla and equipment are famished by whars for installation or erection by the Salle, the Seller shall receive, unload, stare and handle same at the site and become responsible Wrrefor as though such materials andor equipment were being forward by the Seller under the order. 18. JNSURANCE. The Seller shall, at his own expense, provide for the payment of workers comperation, including occupational disease brref s, to its employees employed on or in connotation with the work covered by this purchase order, m dfor to their, depandenes in accordance with the laws of We slam in which the work is; to be dent. The Seller shall also carry comprthemive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one person, 5500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise mloire Iris contractors, if any, to provide for such compensation and insurance. Berate any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided Such certiftcait, shall specify the date when such mpemmion .,,it insurance have been provided. each cenifiates shall specify the date when such compenamian and insurance axpims.'11. Sells, agrees that such comprnsaion and insurance shall be maintained until file, the entire work is completed and tempted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hertby assumes the court responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify mail hold harmless the Purchaser and any r all of the Purchasers arrears, agenm snit employees from and against any and all claims, losses, damages, chafes or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, cagiest, omission or default on the part of We Seller, any of his contractors, or any of the Sellers or contractors oRcers, agents or employees. In cam any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any ant, action, neglect, omission or default of the Seller of any of his contractors or any of its or Weir officers, ti,aw or employres as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers awn expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against Ass Purchaser or any arm, or fair officers, agents or employees in such suits or other proceedings, end in use judgment or older lien be placed upon or obtained against the property of the Purchases,, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the came to be dissolved and dimhurged by giving band or otherwise. The Seller and his contractors shall lake all safety'narmlim , f ish and install all guards necessary for the prcvenfon of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Am a 1990 and all roles and regulations issued pursoant thereto. Revised 01R00