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HomeMy WebLinkAbout525301 INTERMOUNTAIN TRAFFIC LLC - PURCHASE ORDER - 9145330of FOCity. Collins Date: 09/15/2014 Vendor: 525301 INTERMOUNTAIN TRAFFIC LLC 6379 ROCKWELL CT LOVELAND CO 80538 PURCHASE ORDER PO Number Page 9145330 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: 09/15/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price t TAPCO Radar Signs 10 LS 2,740.0000 27,400.00 As Per Quote 140909-1 TAPCO BlinkerRadar, 12" Display, 110Volt Hardwire Powered w/Software & Full Matrix Capable, White Sign. For the following locations: East Willox and Greenbriar Park West Elizabeth and Timber Lane Cherry Street and Loomis Dunbar and Casa Grande Clarendon Hills Drive and Fox Hills Drive 2 Shipping (Est) 1 LOT LS 400.00 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 Pay terms net 30 days 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is I L NONWAIVER. 98-04502, Federal Excise Tax Exemption Certificate of Registry 54-6000587 is registered with the Collector of Failure of the Purchaser to insist upon stria performance ii the tam, and condifi— here.[ failure ar delay to Internal Revenue, Denver, Colom to (Ref Calomdo 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 afar payment for good hereunder or approval offer design, shall not release the Sella of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of my of fie ..all. a obligation of this purchase order and shall not b<deemed a waiver of any night of the damage in tanit, may be resumed to You for main and are not to be replaced except upon receipt of women purchaser to insist upon strict performance hereofor any offs nights or femNie, as no any such goats, regaNlen intmctiow for she City of Fort Colliw of whm shipped, received or acaphed, res to any prior a subsequent default hereunder, nor shall any, purpowd and mWifienion Or rescission of this purchase other by the Purchaser operate as is waiver fany of Ne same Predation. GOODS are subject to the City of Fan Collins narration on normal, hereof. Final Acceptance. Receipt of the own,landne. services a apartment in response to this order can Peak in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City Of Fan Collins, However, it is to be undersmN that FINAL Sella and the Purchase recognize that in Perna amounts practice, o erantges resulting from antitrust ACCEPTANCE is dependent upon completion Prof applicable required inspection procedures. violations are in f Pantheon.t fore by the Pantheon. Theretofore, forgoodcause and as conldemtion for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter Freight Temrs. Shipments must be TO B., City of Fan Call., 700 Wood St. Fore Collins, CO 80522, unless acquired under lederal or some antitrust laws for such overcharges miming to the particular goods or services Otherwise specifier) on His oNer. Upetmissiors 6 given to prepay freight and charge sep attely, me original freight purchased or acquired by the Purchaser pursuant on this purcbas order. bill most accompany invoice. AdftiotN charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing prinks in sarion Parrs of the country. shipment is Iffe Purchasa dimces the Seller to former nonconforming or defxtive goods by a date to he agreed upon by the expected from the neareat distribution point to destinnion, and excess fight will be deducted fmm Invoice when Purchaser and the Sella, and the Sella thercvRer indicates its inability or unwillingness to comply, the Purchaser shipments are made from gram, distance. may cause the work in be performed by ,he most expeditious means available o it, and the Seller shall pay all costs associated with such work. Perim,. Sal,, shall to,cm, st seders sale rest PH necessary permits, oenifieates and licenses required by all applicable laws, reb'ulmions, ardmances and Pules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly cure imted public authority havingjurisdiamor over the work of vendor Sella number agrees to hold fie City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asaen d or esmbl'uhed violation of my such laws, regulation, ordinances, Pules and requirements. Authorization. All parties to this contact agree that fie mpresenmtives arc, in fact, bona fide and possess full and complete authority to bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set fort and any supplementary or additional terns and conditions annexed here, . or incorporated herein by reference. Any additional Or d ff rent terms and condition proposed by seller we objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you nowt make complete shipment to arrive on your promised delivery 6 re as toted. Time is of fie es kpam. Delivery and performance mot be effected within the time stated on the purchase order and the documents munched hereto. No zeta of the Purchasers including, without Immune, acceptance of pamial Ire deliveries, shall opemte as a waiver of fis provision. In the even, ofany delay, the Purchamr shall have, in addition m other legal and equitable remNies, the option of placing this order elsewhere and holding fie Seller liable for damages. However, the Seller shall not be liable for damages az a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such rsca of God, acts uncivil or military authorities, governmental priorities, fires, strikes, ROW, epidemics, was a rims provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of 'he time when the Sella fin, received knowledge therm[ In the even, of any such delay, the dale of delivery shall be extended for the period equal to the time actually test by reason ofthe delay. 3. WARRANTY. The Seller woman that all goad, Prices, materials and work covered by this order will confirm with applicable drawings, specifications, samples mchor other description given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted sandads for work of a similar nature. The Seller agree to hold the purchaser harmless from any loan, damage or expense which the Purchaser may suRer or incur on account of the Sellers breach of warmnry. T'he Seller shall replace, repair or make good, without cost o the purchaser, any defnst ar faults arising within one (1) year or within such longer period of time as may be prescribed by law ar by the lens of any applicable wanaary, provided by fie Sella wfla the rime of accephmn of me good furnished hereunder (acceptance era to be umcsoitably delayed), resulting fmm impeaat or defective work done at ma¢rials famished by the Sella. Acceptance or ere of good by the Purchuer dull cat crostimte a waiver Of any claim under fis warranty. Except n otherwise provided in this purchase order, fie Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing war ureim or guarantees, but such liability shall in no event include loss ofpmfiu or loss of ere. 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 am&.` .. 5. CHANGES IN COMMERCIAL TERMS. The Purchase, may make any changes to the terms, other than legal temp, including addition o a deletion fmm the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the fins, of perforroance hereunder, an atuimble adjustment shall the made. 6. TERMINATIONS. The Purchaser may at any time by written change Order, terminate this agreement as to any or all Portions ol'the goods then or shipped, subject many equitable Njustment between the ponies as to any work or materials then in progress provided that the Pumhoser shall not be liable for any claims for anticipated profits en the uncompleted portion offe goods anchor work, for incidental or consequential damages, and that no such Njumment be made in favor of the Sella with respect to my good which art the Sellers standard stock. No such automation am[] mlieve Use Purchaser a the Sella army of fair mligarians in to any guests delivered hereurda. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment runt he named within hurry (3D) days fan the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in mric, compliance with all applicable laws aM regulation to which the good are subject. The Seller shall execute aN deliver such documents as may M enquired to effect or evidence compliance. All laws and regulation required m be incatpomsN in agreements of this character we hereby incorporated herein by this reference. The Sella agree to indemnify and hold the purchaser handless fmm all costs and damages suffcn l by the Purchaser az a fault of the Sellers failure to comply with such haw. 9. ASSIGNMENT. Neither parry shall assign, transfer, a convey this order, or my monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE, The Sella warrants full, clear and unrestricted title to the Pmchoer for all equipment, materials, and therm fuMshed in permanence a of fis agreement lice and clear of my and alresonances,, resonances, reseran tio, security interest aes eumbr9ucand claims of others. The Sella shall release the Purchaser and 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 Use event of fault of negligence of the parry released and shall extend lu the trimmers, eRcam and employees of such patty. The Sellers contractual obligations, including warri shall not be deemed in be, reduced, in any way, because such work is afonned or caused,. be performed by the Pmrchuer. 14. PATENTS. Whenever die Seller is ratified to use any design, device, mmeri it a process covered by Inner, proem, trademark or copyright, the Seller shall indemnify and save harmless the Purchuer from any and all claims for infringement by reason of the use of such patented design, device, material or prioress in connection with the contract, and shall indemnify the Purchaser for any cost, expense m damage which it may be obliged to pay by reason of such irsGingena d at any time during the pmamulion Or after the completion of the work. In case said equipment, or any part thereof a the amended we of the good, is in such suit hid to coirsiimte infringement aN die ere of said equipment or pan is enjoined, fe Seller shall, at is own expense and in its option, either promorm for the Purchaser the right to continue sing said equipment or pans, replace the same with substantially equal but ooninfirm,ong equipment a modify it so it becomes noninfn'nging. 15. INSOLVENCY. If fie Seller shall become insolvent or bankmpt make an assignment for the benefit of creditors, appoint a or trustee for any of fe Sellers property or business, this aid,, may fenbwith be canceled by the ase Purchr without liability. 16. GOVERNING LAW. The definition aftetms used m the interpretation of fe agreement wad the rights of all ponies hereunder shall be canbuN under and governed by the laws offe State aCrAmedre, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Repreunlativair on fie premises of ambers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said we& at Seders own risk it the come is fully completed and accryted, sal shall, in we, of any accident, destmetion or injury to the work avchor materials before Sellers final completion and acceptance, complete the work at Sellers own expense and o fire mhisfac km of the Purchase. When m somands and equipment am famished by others for installation or marrion by the Seller, the Sella shall rteive. unload, were and handle more at the site and become responsible therefor in though such materials anchor equipment were being finished by the Seller under no order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational discase borealis, to its employees employed on or in connection with the work covered by this'purchase orda, mWor to Hour dependents vs accordance with the laws of the sate in which the work n in be done. The Seller shall aim any comprehensive groend liability includur, but root limited us, amerwtual aid automobile public liability insumme wif Gadfly injury and deah Beni. of at lesst 5300,nm for any one persoq S500,000 for my one accident and property damage limit per accident of S4IR". The Sella shall likewise require his conorriamou. if any, to provide for such compensation and inumnce. Beta any of the Sellers or his commaors employees shall do any work upon the premises of others, the Sella shall f ish the Purchaser with a certificate that such coupcovation and insurance have ban provided. Such c mificmes shall specify the date when such compensation and insurance have been provided. Such certificates shall spaify the date when such compensation and footrace expires. The Seller agrees that such compensation and insurance shall be maintained until after me entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby woumes the more, responibiliry and liability for any and all damage, lass or injury of any kith r wore whmsoover to person at property caused by or resulting fmm the execution ofthe work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold harmless fe Purchuer and my r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect and whether to permns or progeny to which the Pumhner may be put or subject by reason of any act, action, neglect, omission or default on Ne pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or ,.her proceedings shall be brought againt the Purchu n, or its officers, agents or employees at my it= on account or by reason of my xt action, neglect omission or default of the Seller of my of his contractors or any of its or that officers, agents or employees n aforesaid, the Sella hereby agree to assume the defene fere f and 0 defend Ne mote at the Sellers own expense, ur pay any mid all costs, charges, mu m yst fees and miser expenses, any and all judgments Unit may be incurncd by or obtawed amount the Purchuer cr any of its or their officers, agents m employees in such suits or other proceedings, and in case judgment a other lien be placed upon or obtained against the p r mr, offe Pamhosm or mid parties in or as a result winch suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall Pike all injury prevention, famish and install all gaaNs necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without Inanition, for Occupational Safety and Health Act of 1970 and all tries and regulation issued pursuant Hereto. Revised 07n014