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HomeMy WebLinkAbout130615 ADVANCED TRAFFIC PRODUCTS - PURCHASE ORDER - 9143584PO PURCHASE ORDER 914358er Page City. of PURCHASE 9143584 1 of 2 ' `t Collins I„s This number must appear ` V ` , 1 on all invoices, packing sli s and labels. Date: 06/26/2014 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: 06/25/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price t Blue Toad System As Per Quote dated 6/18/2014 10 LS 4,000.0000 40,000.00 2 75" Outdoor Shielded Cat5 Cabl 10 LS 70.0000 700.00 3 Software - Per Year 10 LS 660.0000 6,600.00 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 11 Invoice Address: tell] 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 Somte the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98m4502 Pderal Excise Tax Exemption Certificrm of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of no terms and eondisimes hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1993, 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 of or payment for goods hereunder or approval of the design, shall not release The Seller of Goods Rejected. GOODS REJECTED due to failure to meet sp«ifications, either when shipped or due In defects of any of the warranties or obligations of this purchase order and shall 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 to insist upon strict performance hermfor any of its rights or remedies ex to any such goods, regardless reactions fiom the City ofFoa Collins. of when shipped, received or accepted, a, to any prior or subsequent default he,,.&,, nor Shull any purposed oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival, hereof Final Acceptance. Receipt of the merchandise, services or equipment in response to this order canresult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be understood thaFINAL Seller and the Purchaser recognize that in record economic practice, overcharges resulting from antihusl ACCEPTANCE is dependentuput completion of at l applicable required inspection procedures. violations are in fact home by the Purchaser.Theretofore, nforr good cause and as consideration for executing this purchase order, The Seller hereby assigns to the Puchaser any and all claims it may now base or hereafter Freight Terms. Shipments must be F.0 B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to Be particular goods or services otherwise specified on this order. If permisom is given to prepay freight and charge separately, he .,an] freight purchased or acquired by The Purchaser moment to This purchase order bill most accompany income. Additional charges for packing will not be accepted Shipment Distance. Where manufacturers have distributing points in various pans of the coumry, shipment is expected from the seams distribution point to destination, and excess freight will be deducted from Invoice when shipments are made fiom mace, distance. Porous, Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinaries end rules of the state, municipality, territory or political subdivision wbew the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller [usher agrees to hold the City of Fart Collins harmless from and against all liability and loss incurred by them by rev en of an asserted or established violation of any such laws, regulations, ordinances, roles and requlr ems. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said Inches. LIMITATION OF TERMS- This Purchase Order expressly limits acceptance Is The Terms and conditions staled herein set forth and any supplementary or additional terms and conditions aremsed herein or incorporated herein by reference. Any additional or different erms and conditions proposed by seller are objected to and hereby mrocood, 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you traded make complete shipment To anive on your promised delivery date as noted. Time is of the essence. Delivery and pwf corms, must be efieded within The time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance oriental late deliveries, shall operate as a waiver of this provision In the event of ony delay, the Purchaser shall have, in addition To other legal and equitable remedies, the option ofplacing this order elsewhere and ImIding the Seller liable for damages However, the Seller shall rot be liable for damages as a ,card of delays due to causes not reasonably foreseeable which are beyond its reawnable control and without its fault of negligence, such acts of God, acts ofcivil or military authorities, governmental prawates, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser wihin 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 period equal to the time actually last by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in 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 Too account of rue Sellers breach of warranty The Seller shall replace, repair or make good, without cast to the purchaser, any defects or Lwles arising within one (1) year or within such longer period of time as may be prescribed by law or by the terns of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance or to be umenmmbly delayed), resuIrin, fiom imperfect or defective weak done or materials furnished 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 of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profit, or loss of use. 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 make any changes to the terms, other than legal terms, including additions to or deletions from m the quantities originally ordered in the siaeoicatioes or drawings, by verbal or written change oNc¢ If any inch change oHects the amount due or the time ofperfottrance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, comiiare this agreement as to any o all portions or the goods then not shipped, subject to any equitable adpolumal between the parties as to any work or materials then in progrem provided that The Purchase, shall not be liable for any claims for anticipated profits on the uncompleted ,onion of the goods and/m work, for incidental or consequential damages, and that no such adjustment be made in fever of the Seller with respect to say goods which are be Sellers standard stock. No such eerminatlen shall relieve the Purchaser or The Seller of any oftheir obligations as to any goods delivered hereunder. p. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted a ahin thirty (30) days from the date The change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that sll geed, sold hereunder shall have been produced, sold, delivered and Famished in strict compliance with all applicable Laws sad remittances 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 Nis character we hereby incorporated herein by this reference. The Seller agrees to Indemnify and hold the Purchaser harmless from all casts and damages suffered by The Purchase, as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without he prior written consent of the other posy. 10. TITLE. The Seller warrants Bill, clear and unrestricted tide to the Purchaser for all equipment, musicals, and it. firmished in performance of this agreement, free and Clear of any and all liens, restrictions, resrys, eationsecuriry interest encumbrances and claims ofothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to cancer nonconforming or defective goads by a date tu be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditions means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release The Purchaser and its courmetors of any her farm all liability and claims of any earn,, resulting from The performance of swh work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Sellds cvmmemal obligations, including warranty, shall not be de,med m be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENT S. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller 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 commencer with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the imended use of the goods, is in such suit held to mnstimte infringement and the ore of said equipment or part is enjoined the Seller stall, at its own expense and at its option, either procure for the Purchaser Be right to continue using said equipment or pans, replace the same with substantially equal but noninfd lim,c,wpmenl, car modify it so it becomes no.infringing. 15. INSOLVENCY. If the Seller shall become insolvent or barompl, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, This order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be construed under and governed by the laws of the State ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represcandiveb), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, a. se of any accident, destruction or injury to the work wo at, matmak before Sellers fitul completion and acceptance, complete the work at Sellers own expense and to The satisfaction of the Prominent. When animals and equipment are finished by others for installation or erection by The Seller, the Seller shall receive, unload, slow and handle same at The site and become responsible therefor as though such materials and/or equlpme d were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or 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 to, commercial and automobile public nobility inwmncc with bodily injury and death limits ofat least Storeroom for any one person, 5500,000 for any one accident and property damage limit per accident of S400,020. The Seller shall likewise require his contractors, if any, to provide for such compensation and iasumnce. Before any of the Sellers or his contractors employees shall do any work upon the premises of other, the Seller shall furnish the Purchaser with a renditions that such compenation and insurance have been provided. Such certificates shall specify the date when such compensation and insu mace have been provided. Such cecificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be, maNNine t unto after the entire work is completed and accepted. _ 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby msuma the entire resporeal inly and liability for any and all damage, loss or injury of any kind r nature whatsoever to persons or property caused by of resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and held harmless The Purchaser and any cr all of the Purchasers ofcers, agents and employees from and against any and all claims, losses, damages, harges or expenses, whether direct of indirect, and whether to persons or property to which the Purchaser may be at of subject by ream. of any act, action, neglect, omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors ofcam, agents or employees. In caw 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 act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their afters, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the sane al the Sellers we expense, m pay any and all costs, charges, anmmeys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or Their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the preperty of the Purchaser, or said parties in or a, a result of such suits or other proceedings, the Seller will in once cause The same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precaatiom, furnish and instill all guards necessary for the 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 ules and regulations issued p.a. thereto. Revised 03R010