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HomeMy WebLinkAbout130615 ADVANCED TRAFFIC PRODUCTS - PURCHASE ORDER - 9141879PO PURCHASE ORDER 914187er Page C117/ of PURCHASE 9141879 1 of z t Collins Ins This number must appear ` v ` 1 1 on all invoices, packing sli s and labels. Date: 04/03/2014 Vendor: 130615 ADVANCED TRAFFIC PRODUCTS 1122 INDUSTRY ST BLDG A EVERETT WA 98203 Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS CO 80524 Delivery Date: 04/03/2014 Buyer: JOHN STEPHEN Note Line Description Quantity UOM Unit Price Extended Ordered Price Blue Toad Travel Time System 8 LS 4,000.0000 32,000.00 As per Quote dated 3/31/2014 2 Real Time Advanced Software 8 LS 660.0000 5,280.00 Per Year 3 75' Outdoor Shielded CAT-5 Cab 8 LS 70.0000 560.00 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 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 I. COMMERCIALDETAILS. Tax exemptions. By smmre the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal It cam Tax Exemption Comficare of Registry 84-6 0058'/ is registered with the Collector of Failure of the Purchaser to insist upon stria performance of the reran and condition here.( failure or delay to Earned Revenue, Deaver, Colonial. (Ref Colorado Revised Spasms 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify she Seller in the ever, of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not to au me Seller of Goods Rejected. GOODS REJECTED due to failure to meet specif,ioa, either when shipped or due I. defects of any of me warranties or obligati. of this purchase oNm and shall act be deemed is waiver of eery right of the damage in transit. may be refined to you for credit and m, not to that replaced except upon receipt of written Purchaser m insist upon strict perfmrance beteofm eery of its tights or remedies as to any such gook, regardless immature, from the City of Fort Collins. of when shipped, received or accepted, as to any prior our subsequent default homandeq am shall any purported and modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terns Inspection. GOODS are subject to the City of Fan Collins inspection on mer 1, hereof. Final Acceptance. Receipt of the merchaodise, sarvkes or equipmmt in moment, to this order an result in 12. ASSIGNMENT OF ANTITRUST CLAIMS - authorized Wymmt on the pan of the City of Fort Collins. However, it is to h maersmod that FINAL Seller mid the Purchaser recogniac that in actual ecmcmie pmctire, overcharges resulting fmm =times, ACCEPTANCE is dependem.pon completion of all applicable required papers. procedures. violations are in fact bome by the Porchaser. Thereto( , for good.erne arnt as consideration fro caecudng this purchase order, the Seller hereby assign to the Purchaser any, and all claims it may now have or hereafter Freight Terms. Shipments must be EO.B, City of Fan Collins, 700 Wood Sr, Fan Collins, CO 80522, unless acquired under federal or sate antitrust laws for such m'erel arges relating to the pasicular goods or services otherwise specified on this order. If permission is Risen to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. hill moo a,commov invoice. Additional dames for oackime will not be increased, Shipment Distance. Where manufacturers have dooftefing paints in vienotes parts of the country, shipment o expecnd from the marine distribution point to destination, and excess freight will be deducted from Invoice when shipments art made from greater dismna. Permits. Seller shall procure at sellers sale cost all necessary permits, certificates and licenses required by all applicable lava, mg. Iupan,, ordinances and roles of the state, municipality, territory or political subdivision where the work is performed, or fmluired by any other duly conatituted public authority having Jurisdiction over the work of vador. Seller further agrees m hold the City of Pon Collins harmless from and claims all liability and lass incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rates and qulremens. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF I'F.RMS. This Purchase Order expmssly limits acceptance to the terms and conditions sated herein set Cosh and any supplementary our additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or di@ran terra and conditions proposal by seller art objected m am hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGEMimmediately Floor aovat make complete shipment to arrive on your promised delivery date as noted. Time is Of the essence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hreto. No acts of the Pumhours including, without limitation, acceptance ofpanial late deliveries, shall operate as a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding she Seller liable for damages. HoAmem the Seller shall rat be liable for damages as 0 result of delays due to anus not rasovably foreseeable which are beyond its reasonable central and without its fault of negligence. such acts of God, acts of civil Or military authorities, gmmunumand prionties, fires, strikes, flood, epidemic, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge threof. In the evem of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason Ofthe delay. 3. WARRANTY. The Seller w.mans that all goods, articles, mmeruda and work covered by shin Order will conform with applicable drawings, spmifioutima, samples tanker other descriptions given, will he fit for the purposes intended, and performed with the highest degree of care and competence is accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller Shull replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of ,ime as may be practihd by law or by the to. of any appliable canonry provided by the Seller after the date of mA,. of toe goods fuished hreuMer (acceptance not to be unro bly delayed), resulting ham imperfect or defective work done or mmeriak famished by life Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of my 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 of any Of the foregoing isamantia or guarantees, but such liability shall 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 purehaser may make changes to legal terms by writes change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from ,he quantities originally cookout in the specifications or dmwinge, by verbal or women change order. If any such change effects the amount due or me time of performance hereunder, an cquiuble adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wane t change order, membrane this agreement as many m all portions of the goods then not shipped, subject to any equitable adjustment between the at,, as to any work or materials men in progress provided that me Purchaser shall not be liable for any claims for anticipated Profits on me an xamplead portion of the goods copper work, far incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to.ny goods which are he Sellers standard stock. No such termination slali relieve me Purchaser or the Seller of any of their Obligations as to any goods delivered hereunder. I. CLAIMS FOR ADJUSTMENT. Any claim for adjournment most Ise asusd within thirty (30) days from fie date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in sine, compliance with all applicable laws and regulations to which me goods art subject- The Seller shall execute card deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be ncorpomted in agreements of this character arc hereby incoryomrd herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamtless from all cons and damages sutTened by the Purchase, as is result of the Sellers failure to comply wins such law. 9. ASSIGNMENT. Neither party shall assign, member, our convey min order, or my mania due our to became due hereurWer without the poor wnnen commat at prior cry. IO. TITLE. The Seller warrants full, clear and unratncred fide to the Purchaser for all equipment, materials, and items fumishd in performance of this agreement, from and clear of any and all liens, rairmlimp, reser ookon, secunty interest one umb urces and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGAI'IONS. Ifthe Purchaser dinners the Seller to rortect nonconforming or defective goods by a date On be agreed upon by the Purchaser and the Selltt, and the Seller thereafter iMiata its inability or unwillingness m comply, the Purchaser may ounce the work to be Performed by the most expeditious means available to it, and the Seller shall Pay all costs associated with such work. Ilte Seller shall release the Purchaser mad its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fuel, of negligence of the party allowed and shall extend to the directors, officers and employees ofsuch party. The Sellers contractual oblilatimrs, including warranty, shall not be deemed to be reduce, in any way, because such work is performed or caved m be perfrmed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by leave, paten, moderate or copyin li the Seller shall indemnify and save harmless the Purchaser from any and all claims foe infringement by eaon of the use of such patented design, device, material or process in connMion with the contract, and shall indemnify the Purchaser far any cost, expense or damage which it may the, obliged to pay by reason of such infringement at any time dming the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such snit 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 pares, replace she same wish substantially egnal but nomnfonging equipment, or modify it sec it becomes rmninGmging. 15. INSOLVENCY. If the Seller shall become ..]sent or bankrupt, make ea ass uarmat for ,he benefit of creditors, apPeru, a Tweiver or trustee 1'or any of the Sellers property tar business, this .,der may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The di finitiars of temes used in she interpretation afthe agreement and me rights of all panic hereuhhdtt shall be command under and governed by the lawn, offs Stine ofColorado, USA. The following Additional Conditions apply only in cases where she Seller is to perform work heeunder, including the services of Sellers Represeonotivi,D), oa the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry oa said work m Seller's own risk until the same is Billy completed And accepted, and shall, of use of any accident destucrion of injury to de, work erdlor romerials bef Scllets feat completion and mcepmome, complete the work at Sellers own experue and an she satisfaction of the Purchaser. When materials and equipment arc famished by others for installation or erection by the Seller, the Seller shall receive, unload, stare and handle some at the site and became responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for th payment of workers compensation, including occupational disease benefits, te its employees employed on or in connection with the work covered by this purchase, order, torpor to their dependents in accordance with the laws of the .to in which me work is an be done. The Seller shall also easy comprehensive general liability including, but no, limited to, contractual and automobile public liability insurance with bodily injury and death limits of at Inner 8300,000 for any one person, 5500.000 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before my of rise Sellers or his contractors employees shall do any work upon the promises of others, the Seller shall famish the Purchaser with a wreifiome that such compensation and insurance have been provided. Such cenifcame shall specify the date when such computations. and insuni have been provided. Such cnnifhates shall spxify the date when such compensation and insurance expires. The Seller agrm that such compensation and insurance shall be maintained until after me entire ..,it is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. no Seller hereby sssumes me =tire responsibility, and liability for any and all damage, loss or injury of my kind or nature whatsoever to persons or property earned by or reselling from the execution ofine work Provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamdess the Purchaser and any cr all of the Purchasers .Beers, agents and employes from and against any and all claims, losses, damages, harges or expenses, whether direct or indirect, and whether to persons or properly m which the Purchaser may be put our subject by reason of any act, alien, neglect, omission or default on the prat of the Seller, my of his contractors, or any of the Sellers or contactors officers, agents or employees. in cance any suit or offer proceedings shall h through, ,a., he Purchaser, or its oRcers, agent or employees of any time on acm.m or by reason of my act, ration, neglect, omission or default of der Selln of any of his contactors or any of its or their officers, agents an employees m oforeaid, the Seller hereby agrees m assume me defense thereof and to defend the same m the Sellers own expense,,. pay any and all costs, charges, aaomrys fees and once, expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their oRcers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or pl ained against the property of the Pervious, or mid parties in or as is result of such suits o, other proceedings, me Seller will m one aura me same to be dissolved and discharged by giving bond or otherwise. The Seller mhd his contractors shall take all safety precautions, fumoh aft install all guards necessary for the prevention of accidents, comply with all Bass and regulations with regard to safety including, but without limiutioq the Occupational Safety prod Health Act of 1970 and all ales Audi regulations issud pursuant down. Revised 03I2010