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HomeMy WebLinkAbout130615 ADVANCED TRAFFIC PRODUCTS - PURCHASE ORDER - 9143584 (2)Fort Collins PURCHASE ORDER Date: 07/11/2014 Vendor: 130615 ADVANCED TRAFFIC PRODUCTS 1122 INDUSTRY ST BLDG A EVERETT WA 98203 PO Number Page 9143584 1of2 This number must appear on all invoices, packing slips and labels. 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 4 Blue Toad System As per Quote Dated 6/18/2014 1 LOT EA 12,000.00 5 75" Outdoor Shielded Cat5 Cabl 1 LOT EA 70.00 6 Software - Per Year 1 LOT EA 1,980.00 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 Terins andConditions Page 2 of 2 L COMMERCIAL DETAILS. i'ax exemption. By statute the City airport Collins is exempt firm stare and local mares, Our Exemption Number is W-04502. Federal Excise Tax Exemption CMificate of Registry 84-6000587 is registered with the Collewor of Inammal Revenue, Denver, Colorado (Ref, Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure in meet specifications, either when shipped or due to defectsof damage in transit, may be, returned to you for credit and we not m be replaced except upon receipt of written instructions from the City effort Collin. Inspection. GOODS are subject to the City affect Collins inspection oa moved. I L NONWAIVER. Failure of the Purchaser to insist upon mitt performance of the hours as conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure a promptly notify the Seller in the event of a breach the acceptance of or payment for goods Immoralist or approval offs design, shot] not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon over performance hereefor any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any Mot or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof, Final Acceptance, Receipt of the merchandise, services response or equipment in e to this order can result in 12 ASSIGNMENT OF ANTITRUSTCLAIMS. submitted payment on the part of the City of Fort Collins. However, it is to be understood fat FINAL Seller and the Purchaser rceognin, that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order the Seller hereby weigns to the Purchaser an and all claims it h h It Freight Terms. Shipments must be EO.B., City of Fort Collins, 700 Wood Sr, Fart Collins, CO 80522, unless otherwise specified im this order. Ifpermw,mr, is given to prepay freight and charge separately, the original freight bill meet accompany invoice. Additional charges for parking will not be accepts, Shipment Distance. Where manufacturers have distributing points in vaneas parts of the country, shipment is expected tom the nearest distribution point at destination, and excess freight will be deducts from Invoice when m shipments are made frogreater distance. Porous, Seller shall procure at sellers sole cost all necessary permits, certificates and Games morainal by all applicable laws, regulations, ordinances and rates of the state, municipality, temtory or political subdivision where the work is performed, or renamed by any other duly constituted public authority having jurisdiction over the work of vendor, Seller further agrees to bold the City of Fort Collins harmless from and against all liability and lass anderrs rt by them by reason of an assisted or established violation of any such laws, regulations, ordinances, miss requirements. Authorization. All parties to this contract agree that foe mpor ..notice, are, in feet, bon. fide and possess full end complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and condition annexed hereto or incorporated herein by re refence. Any additional or different It— and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. carom PLEASE ADVISE PURCHASING AGENT immediately if you cam make complete shipment to arrive on year promised delivery date as noted, Time is of the essence. Delivery and performance must be cleated within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remsies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shag not be liable for damages as a result of delays due b causes not reasombly foreseeable which are beyond its reasonable control and is its fault of negligence, such ems of God, acts ufrivil or military authorities, gu,co me rid priorities, free, miko, flood, epidemics, wars or not, 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 thereof. In the event of my 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 warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples sector other descriptions given, will be fit for the purposes intends, 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 sutl2r or incur on v,count of the Sellers breach of warranty, The Sella shall replace, repair or make good, without cost in the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be presents by law or by the terms army applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting tom imperfect or defective work done or materiels fiunishs by he Seller. Acceptance or nse of goods by the Purchaser shall not rnstimte a waiver army claim under this warranty, Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to ell damages pmximiely ..it by the breach ofrny order foregoing warranties or gumencees, but such liability shall in no event include lass ofproflis or loss narrow, 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 tomes, other than legal arms, including additions to or deletions from the quantities uribinally ordered in the specifications or d—in,, by veNm or wrmain change thin, if any such change affects the amount due or foe time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by within change order, terminate this apese enl as m any or all portions of the goods then not shipped, subject to any equitable adjustment between the parriesasto any work or materials then in progress provided that the Porcbner shall not Is, liable for any claims for anticipated profits on Me 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 to any goods which as the Sellers standard stock No such termination shall relieve Fee Purchaser or the Seller crony of their obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for djustment must be assured within thirty (30) days from the date the change or awromours is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and Banished in strict compliance with all applicable laws and cambiums to which the goods ie subject. The Seller shall execute and deliver such documents i may be rryuired m effect or evidence compliance. All laws and regulations required to be incorporated in agreements of fis ahamom, are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all casts and damages suffered by the Purchaser to a result of the Sellers failure m comply wits such law. 9. ASSIGNMENT. Neither party shall assign rcamfeq or convey this order, or my monies due or to become due hereunder without the prior written consent ofthe other party. 10. TITLE. The Seller warrants Bill, clew and unrestricted title to the Purchaser for all equipment, materials, and items famished in parliament, of this agreement, free and clear of any and all lien, resfetione, reservations, security interest encumbrances and claims of others. r may now acquired under federal or stale antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order, 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to coact nonconforming or defective goods by a date to be agreed upon by foe Punchiest, and the Seller and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work m be performed by the most expedition means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from foe performance ofsuch work. This release shall apply even in the event of fault of negligence of the many released and shall extend to the directors, offices, and employees of such party. The Sellers contractual obligation, including warranty, shall not Its, deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is roamed he 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 transition with the contract, and shall indemnify he Purchaser for any cost, expense or damage which it may be obliged m pay by reason of such infringement at any time daring the prosecmim or after the completion of the work. In case said equipment, or any pit thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoins, the Seller shall, at its own expense and an its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but re ninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of eredimrs, appoint a receiver or trustee for any of the Sellers propmy or business, this order may forthwith be canceled by the Buchner without liability. 16. GOVERNING LAW. The definitions of terms used or the interyMation of the agreement and the rights of all parties hereunder shall be consimed under and governed by the laws of the State of Colorado, USA, The following Additional Conditions apply only in wages where the Seller is to perform work hereunder, including the services of Sellers Rep o,marive(s). on the premkes of ofcia 12. SELLERS RESPONSIBILITY. The Seller shall cart, on said work at Seller's own risk until the same is fully completed and accepted, and shall, in se of any accident, destruction or injury to the work andror materials before Seller', final completion and acceptance, complete the work at Sellers own expo w and in she satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, foe Seller shall rielvq unload, stare and handle same at the site and become responsible therefor in though such ma4rials and/or equipment were being founded 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, real to their dependents in accordance with the laws of the Or, in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily inury and death limit, of at least $300,000 for any one Pinson, 5500,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his contractor, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall pounds the Purchaser with a cenificate that such compensation and insurance have been provided. Such motorman, shall specify the dare when each 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 insurance shall be maintained until after foe entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responibiliry and liability for my and all damage, lass or injury orm, kind r nature whatsoever to person or property caused by or resulting from the execution cribs work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Producers officer, agents and employees from and against any and all claims, losses, damages, c harges or expenses, whwher direct or indirect, and whether to persons or property to which the Purchaser may be put or subsea, by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors oflicus, agents or employees. In case my gait or enter proceedings shall be brought against the Pamhaser, or its carriers, agents or employees at any time on account or by reason of my act, action, neglect, omission or default of foe Seller of any of his contractors or any of its or their oliurs, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and in defend the same at foe Sellers own expense, to pay my and all costs, charges, attorneys fees and other expenses, any and all judgments that may he incurred by or obtains against the Purchaser or my of its or their officers, agents or employees in such suits or other proceedfgs, and in case judgment or other lien be placed upon or obtained against the property of the Pumbcter, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving band or otherwise. The Seller and his contractors shall take all safety precautions, famish and intall 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 rates and regulation issued parsumt thereto. Revised 03R010