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HomeMy WebLinkAbout130615 ADVANCED TRAFFIC PRODUCTS - PURCHASE ORDER - 3214385Fort Collins Date: 04/29/2014 PURCHASE ORDER Vendor: 130615 ADVANCED TRAFFIC PRODUCTS 1122 INDUSTRY ST BLDG A EVERETT WA 98203 PO Number Page 3214385 1of2 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: 04/28/2014 Buyer: JOHN STEPHEN Note: 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. Line Description Quantity UOM Unit Price Extended Ordered Price Pedestrian Signal Supplies Annual P14 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 1 LOT LS Total Invoice Address: 10,000.00 $1 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 Fart Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Formal Excise Tax Exemption Certificam of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due 0failure to at specifications, either when shipped or due to def tsof damage in transit, may be resumed to you for credit uttd are not to be replaced except upon receipt of worn instructions fmm the City of Fort Collins. Inspection. GOODS are subject to she City of Fort Collins impaction on arrival. Final Attvptance. Receipt of the merchandise, services or equipmentresponse in b this other cz result in withonzedaym Pent on the Prat of the City of Fort Collins. However, it is m be understood that FINAL ACCEPTANCE is depeadent upon completion of all applicable requited inspection proushoes. Freight Terms. Shipments must be F.O B., City or ran Collins, 700 Waal SL, Fort Collins, CO 80522, unless otherwise specified on this order. Ifpearissimi is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will oat be accepted. Shipment Distance. Where manufacturers have distributing paints in various pans of flue country, shipment is expected from the rearrest distribution point to dusbustion, and excess freight will ha deducted fmm Invoice when shipmem s are mode from gremer durance. Permits. Seller shall proare at sellers sole rout all neca,., psmic, cenifcams and livemes required by sll applicable laws, regulations, ordinances and roles of the state, municipality, mi itory or political subdivision where the work is performed, or required by any other duly cwasum ad public authority having jurisdiction over the work of vendor. Seller further agrees m hold the City of Fort Collins harmless form end against all liability and lass cured by them by reason of an asserted or ntablished violation of any such laws, replatom, ordironees, mles and nyuiremens. Authorization. All parties in this contract agree that the representatives are, in fact, bores Ede and possess full and complete a ether ry to bind said parties. LIMITATION OF TERMS. nix Purchase Order expressly limits acceptance to the terms and conditions stared herein set tomb and any supplementary or additional mmu vad conditions annexed hereto or incorporated herein by reference. Any additional or different twours and conditions proposd by seller we objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to anion on your Promised delivery Jae as noted. Time is of she cawwr. Delivery and performance most be effected within the time stated an the purchase order and the documents ranched hereto. No acts of the Purchrum, including, without limitation, acceptance of, amid late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Pumhuer shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Sella liable for damage. However, the Sella shall not be liable for damages as a result of delays due to rouses not ..My foraseeable which are beyond its reasormble control and without its fault of negligence, such acts ofGod, acts.1'e vil or military, authorities, governmental priorities, fines, strikes, Rood, epidemic, wars or rims provided Wt notice of the conditions causing such delay is given to the Purchases within five (5) days of the time when the Seller fast received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the period equal to the time naturally lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work coverd by this order will conform with applicable drawings, specifiede ions, samples andm older descriptions given, will be fit for the purposes intended and performed with the highest degree of care war competenn in accordance with accepted standards for work of a miler natmc. The Seller agrees to hold the purchaser hamlets from any loss, damage or expene which the Purchaser may suffer or incur on secouat of the Sellers breach of maranry. The Seller shall replace, trips it w make good, without cost to the purchaser, 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 terms or my applicable warranty provided by the Seller allot the date of acceptance of the goods Famished hereunder (acceptance not in be unreasonably delayed), resulting from imperfect or defective work done or materials Bandstand by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warr9nry. Except as otherwise provided in this garehase order, the Sellers liability hereunder shall extead to all damages proximately caused by the bunch of any of the foregoing warranties or guamnmes, but such liability shall in no event include loss of profits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purehasm may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The PumM1assr may make any changes to the tams, other than legal terms, including addition to or deletions fmm the quantities originally ordered in the specifications or dmwing, by verbal or wdnen change order. If any such change affects the mount due or the time ofmagormance hereunder, an cuitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the good then not shipped, subject to any equitable adjustment between the parties as to any weak or mauriah then in progress provided that the Furchmer shall not be liable for any claims for anticipated profits on the uncompleted ponimn of the goods andfor work, for imide cal or consequential damages, ad that or such adjustment be made in favor of the Sella with respect o coy goods which are the Sellers standard stack. No such trnnioation shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the data the change or m rrimmem is contend. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and fumishd in strct amplionce with all applicable lows vad regulations to which the goods are subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance All laws and regulations required to be incorporated in agreements of this character me hereby mcorpommd herein by this reference. The Seller agrees m indemnify cast hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure m comply with such law. 9. ASSIGNMENT. Neither parry shall assign, mamfeq or convey this order, or any monies due or to become due hereunder without the poor written consent of the other party. 10, TITLE. The Selle, warrants full, clear and uruaIncted title to the Purchaser fro all equipment, ntmeriak, am items furnished in performance of this agreement, free and clear of any and dl liars, restrictions, reservations, savory moment encumbrances and claims ofothers. 11. NONWAIVER. Failure of the Purchaser to mount upon strict performance of the terms and conditions hereof, failure or delay to examire any rights w remedies provided herein or by law, failure to promptly notify the Seller in the event are b reach the acceptance ofa, sc ment for goads hereunder or appmsal of the design, shall cot release the Seller of any of the war anties or obligations of this purchase order aM shall not be domed a waiver army right of the purchaser to insist upon strict pert ante hanufor any ofits rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, ter shall any per coned oral modification or mission of this purchase order by the Purchaser operate as a waiver of any of the terms hared. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual acomomic Practice, ovemlairgas resulting from antitrust violations are in fact home by me Purehmm. Theretofore, for good cons, and as consideration fm executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overcharges relating to the panieclm goods of services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller b.,act ii.fiorming or defective goods by a dam to be, agreed upon by the Purchaser and tie Seller, and the Seller thoomfler i el wtas its imbiliry or unwillingsess m comply, the Purchaser may cause the wok to ba performed by the most expeditious mwm available to it, and the Seller shut) Pay all costs asswiaed with such work. The Seller shall release the Purchaser and its contmctors of any for fmm all liability and claims of any nature resulting fmm the performance ofsuch work. This release shall apply even in the event of fault of aegligence of the parry releassd and shall extend no the directors, officers aM employees ofaucb pang. The Sdices commuted obligations, including warranty, shall not be deemed to be reduced in any way, because such work is performed or caused be be performed by the Porchsr. 14. PATENTS. Whenever the Seller is required to use any design, deice, material or process covered by letter, parent, trademark or copyright, the Seller shall indemnify and save Formless the Purchaser from any and all claims for inGtmgamcht by rreawv of the use of such poomed design, devire, material m process in connection with the contract, and shall indemnify the Purchaser for any most, expense or damage which it may be obliged to Pay by reason ofsuch infringement at any time during the prosecution or after the completion of flu work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constimte infringement and the use of said equipment or part 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 parts, replace the same with substantially equal but noninfdnging equipment, or modify duo it becomes nmwrfnirging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment fro the benefit of creditors, appoint a receiver or income for any of the Sellers property or business, this order may forthwith ha canceled by she r Pu haser without liability. 16, GOVERNING LAW. The definitions of terms used or the intmpretation of the agreement and the nglas of all parties hereunder shall be meowed under and govamd by the laws of the Stave ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Reprommative(s), wthe premixes trus rs. Il. SELLERS RESPONSIBILITY. The Seller skull wny on said work at Sellers own disk until the same is fully completed and accepted, and shall, in rase of my accident, destruction or injury b the work andtor nowerian before Sellers final completion and acceptance, complete the work m Sellers own expene and to the satisfaction of the Purchaser. Who materials and equipment are fumuhd by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become mWin ible therefor at though such mmenals andfor equipment were being f ishor by the Seller under the order. I B. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease heneftts, to its employees employed on or in connection with the work covered by this purchase order, mdfor to thew dependents in accordance with the laws of the state in which the work is so be done. The Seller shall also cart' comprehansisv general liability imlu g, but cot limited to, contractual and automobile public liability insurance with bodily injury and dears limits of at least $3W,0o0 fro any one person, Sim," for any one occident and property damage limit per accident of $400,000. The Seller shall likewise curtains his contractors, if any, to provide for such compensation and insurance. Herore any of the Sellers of his contmctors employees shall do any work upon the premises of others, the Seller shall fish the Purchaser with a certificate that such compensation and insurance have been provided. Such coniferous shau specify the date when such compensation and insurance have been Provided. Such comficanes shall specify the date when such compensation and insurance expire. The Sella agrees that such compensation and imurmee shall be maintained writ after the entire work n completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire 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 of the we& provided for in this purchase order or in connection herewith. The Seller will indemnify mud hold h urmlev the Purchmer and my r all of the Perch. officers, agents and employees from and against any and all claims, losses, damages, chmgo or expenses, whether direct or indirect, and whathe, to Form. or ptagomy to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the port of the Sella, any of hu contractors, or any of the Sellers or contractors officers, agents or employees. In care any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account ter by reason of arty act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume Ne defense thereof and to defend the same at the Sellers own expense, b pay any reed all costs, charges, anomeys ices and other expenses, any and all judgments that may be incumd by or obtained against the Puechaur or any of its or Nei, oMo., .germ of employees in such suits or odor proceeding, and in case Judgment an other lien be Placed upon or obtained against the propmy of the Purchases, or said parties in or as a result ofsuch suits or other proceeding, the Seiler will at once cause the same in be dissolved and deachargor by giving bond or otherwise. The Seller and his contractors shall take 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 limitation, the Occupational Salary and Hwlth Act of 1970 and all rules and regulations issue pursuant thereto. Revised 032010