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HomeMy WebLinkAbout284919 ECONOLITE CONTROL PRODUCTS INC - PURCHASE ORDER - 9147181PURCHASE ORDER PONumberPage City of PURCHASE 47181 1012 Flirt Collins( n all invoices, pacst king /�- V�, a V ' 1�7 on all invoices, packing �slips and labels. Date: 12/05/2014 Vendor: 284919 ECONOLITE CONTROL PRODUCTS INC 3360 E LA PALMA AVE ANAHEIM CA 92806-2858 Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS CO 80524 Delivery Date: 12/05/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Autoscope Solo Terra Detection 1 LOT LS 116,299.02 As Per Quote Q-11412-S51-19 2 Sensys Wireless Sensor Equip 1 LOT LS 70,337.00 As Per Quote Q-11414-0009 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 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 1 • �rcaar�rtrnrmrrn Page 2 of 2 1. COMMERCIALDETAILS. Tax exempfions. By statute the City of Fort Collins is; exempt far state and local roes. Our Exemption Number is 98-01502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registerW with the Collator of Formal Revenue, Denver, Colorado (Ref. Colorado Revised Srmtes 1923, Chapter 39-26, 114 (a). Good Rejected. GOODS REJECTED due to Duane r meet specifications, either when shipped or due to defects of damage in transit may be, resumed to you for credit and are not b be replaced except upon receipt of written instructions from the City nfFort Collins. Inspection. GOODS art subject o the City of Fall Collins inspection an consul. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in outbound payment on the pan of the City of Too Collins. However, it is to b, understood that FINAL ACCEPTANCE is dependent upon compleom out applicable required insp ction procedures. Freight Trans. Shipments must be F.O B., City of Tom Collins, 700 Wood St, Fall Collins, CO 80522, unless otherwise specified on this .,it,,, If permission is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for packing will not be acceprd Shipment Distance. Where manufacturers have distributing pains in carious pans of the .sorry, industrial is expected tram the normal distribution point to destination, and excess freight will be deducted farm Invoice when shipments are made from greater disclose. Permits. Seller shall procure at sellers sole cost all necessary pemmis, ounificmas and licenses required by all applicable laws, regulations, ordinances and roles ofthe state, municipality, lemrry or political subdivision where the work is performed, or required by my other duly ooshmrd public authorry havingjmisdictim over she work of serum. Seller Earth, agrees TO hold the City of Fall Collins harmless f and against all liability end loss incurred by them by reason of an asserted or established violation or my such laws, regulations, ordinances, rules and requhemens. Auderiamioe All parties in this contmm agree that the representatives art, in fact bona fide and possess full mad complete authority to bind said panic. LIMITATION OF TERMS. This Purchase Order expressly limits neceprnre m the terse and conditions sorted herein set hour and any supplementary or additional tames and conditions aanexed hereto w incorporated herein by reference. Any additional or different terra and conditions proposed by seller are objected,. and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately Ryan cannot make complete shipment to ounce an your promised delivery date as noted. Time is ofthe essence. Delivery and performance most he eQccted within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acoepsm e c f partial late deliveries, shall operace 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 the Seller liable for damages. However. the Scller shall ,sot be liable far damage or a mesh of delays due to.usee at reasonably foresceable which are beyond is reasonable control and withom is fault of negligence, such ass ofGod, ass of civil or milimry eurhoriries, 6ovemmenml pnoriries, Tres, aWkes, Rood, ars or epidemics, w hats provided that notice of the conditions causing such delay is given co the Purchaser within five (5) days of the time when the Seller flat received knowledge Rempf. In the event i f uny such delay, the date of delivery shall be extended for the period equal to the cime actually I., by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this cater will confom, with applicable drawings, specifications, samples and/or other dexondioa given, will be fit for the Fortunes intended, and performed with the highest degree of cart and competence in accordance with accepted standards for work of a miler .sure. The Seller agrees to hold the purchaser harmless farm any loss, damage or expense which the Purchaser may raft or incur on ac.um of the Sellers breach ofxaoanry. The Seller shall replace, repair or make good, without cast to thc purchase, any defcts or faults arising within one (1) year or within such longer Pmod of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials fumiswel by the Seller. Acceptance or use of goad by she Purchaser shall not constitute a xviver ofany claim under Nis scrawny. Except as dwiwix provided in this Farmhouse order, the Sellm liability hereunder shall extend tea all damages proximately mused by the breach of any ofthe f going warranties or guammxs, but such liability, shall in no event include lass of profits or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may rake changes to tell able, by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the rose, order than legal learn, including additions to or deletions from the quantities originally cndered in the specifications or drawings, by verbal or written change order. If any such change aftects she amount due or the time ofperfoammce hereunder, an equitable i djm,mem shall he made. 6. TERMINATIONS. The Purchaser may at any time by wanes ebangb wale, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the Dmms as to any work Or ncnerim, then in progress provided that the Purchaser shall not be liable for any claims for anticipated prefix on the uncompleted Lomas of the goods aadur work, for incidenrl or co,ue maial damages, weal that no such adjustment m made in favor of the Seller with respect m any goods which vas flan Sellers s andaat stack. No such nomination shall relieve she purchaser car the Seller of any ofthei, obligations as to any goods delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjosrment must be mscrrd within thirty (30) days from the date the change or termination is .dmd. 8. COMPLDM3CE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the gods are subject. The Seller shall execute and deliver such documents as may be commit to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser ddpdIM fmm all cams and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, tmmfe, or convey this order, or any manias due or to become due hereunder without the Poor wrinrn ,,omen of the other party. 10. TITLE. The Seller warmrs full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of Nis agreement, fire and clear of any and all liens, restrictions o smations, security interest mcumboances and claims o f others. II. NONWAIVER. Failure c f the Purchaser 1. insist upon said pert of the tents, and carditioas hereof, failure or delay to exercise any cigars or remedies provided berein or by law, failure to promptly notify the Seller in the event of a breach, the campmnce of or payment for goods hereunder or approval ofthe design, shall nut release the Seller of any of the warranties or obligationss of this purchase order and shall not he deemed a waiver of any right of the purchaser to insist upon strict performance hereafor any of its rights or remedies as to any such good, regardless of when shipped, received or mttpsed, as to any prior or subsequent default b tea mm umb, cor shall my purported coal modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller not the Puchaser recognise that in actual economic practice, ovetchmges resulting from antiuust violations we in fact bonze by the Purchaser. Theremf , far goad came and. comodeoation fur exeoudng tans purchase order, the Seller hereby assigns w the Purchaser any and all claims it may now have or hereafter acquired under federal or amn antitrust laws for such overchang. relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase under. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser dialers the Seller in comer was nforming or defective goods by a date to he agreed upon by the purchaser and roe Seller, end the Seller thereafter indicates is inability Or unwillingness to comply, the Purchaser may room, the work to be performed by the most expeditious means assailable to it, and the Seller shall pay all costs associated with such work. The Seller abill[ release sae purchaser and its conaacrrs of any net fmm all liability anrd claims of any nature resulting farm the performance of such work. This release shall apply even in the event of fault of negligence of the party releasM and shall extend to the direct.., officers and employees of such party. The Sellefs contfactal obligation, including warranty, shall nor be deemed b be reduced, in any way, became such work is perforated or caused to he performed by the Parmaser. 14. PATENTS. Whenever the Seller is required to use any design, device mmenal or process covereJ by letter, patent trademark r copyngla, the Seller shall indemnify and save hornless the Purchaser from any and all claims for infringement by reason of the are of such patrnred design, device, mmerial or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch inGn,pr ci t at any time during the prorvation or after the completion of the work. In use said equipment or any pan thereof or the intended use of the good, is in such suit held to cmnsrimr infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either potence far the Purchaser the right to continue using said equipment or pans, replace the some with substantially equal but mudslinging equipment, or modify it so it becomes muinGnging. 15. INSOLVENCY. If she Seller shall become insolvent or bankrupt, make an assignment far the benefit of cmdim,s, appoint is receiver car trustee for any of she 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 merpmutium ofthe agreement and the rights of all parties hereunder shall be conserved under and governed by the laws ofthe Sate ofColmdo, USA. The following Additional Conditions apply only in cases where the Seller is m perform work formal including the services of Sellers Rpresentative(s), on do premises ofothen. 12. SELLERS RESPONSIBILITY. The Seller shall carry on said work in Sellers own risk until the same is fully completed and accepted, and shall, in se of my accident destmetion or i jury In the work and/or materials before Sellers final completion sod acceptance, complete the work at Sage2s own expense and to the introduction of the Purchsstt. When .mends and equipment are furnished by rushers for installation. erection by the Seller, the Seller shall receive, unload mare and handle some at the site and become responsible therefor as tough such mareias ad/or elmipmmt were being famished by the Seller under the order. 18, INSURANCE. The Seller shall, an his awn expense, provide for the payment of workers sm,mamion, including «cuacianal disease benefits, r its employees employed on or N co mMion with the work covered by this purchase older, and/or to their dependents in accordance with the leas of the smte in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, sintracrual and aurmobile public hoodity insurance with bodily injury and death limits of at less, 830ROW for any one person, 5500,000 far any accident and properly damage limit p<, accident of $400,000. The Seller shall likewoe i uire his contractors, Relay, to provide for such compensation and insurance. Before my of We Sellers or his contractors employers shall do any work upon the pmnises of .suers, the Seller shall furnish the Purchaser with a certificate Oat such compensation and Microwave have been provided. Such cernfcata shall specify the date when such compensation and insurance have been provided. Such car i0ca,es shall specify the data when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until one, 'he anal a work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and habil it, for my and all damage, loss or injury of my kind or nature whatsoever b Persons or property caused by or resulting from the execution ofthe work provided far in this pmcMse order or in connection herewith. The Seller will indemnify end hold harmless the Purchaser and any r all of the Purchases officefrom and agents and employees froand against my and all claims, losses, damages, charges or expenses, whether direct or indirect aM whether to pesows, or property to which the Pmchwer may he put or subject by reason of my act action, neglect omission or default on the pan of the Seller, my of has contractors, or my of the Sellers or cantm tom olfcea, agents or employees. In case any suit or order 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 or any of his contractors or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees 1. assume the defense thereof and to defend the same at the Sellers own expeoe, to pay any and all cos, charges, apmneys far and older expenses, any and of judgments that may be incurrd by or obtained against the Purchaser or any of is 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 property of the Purolator, or said parries in or as a result of such suits or other proceedings, the Seller will at once cause dre same in be dissolved and discharged by giving bond or otherwise. The Seller and has ex atranars ahall take all safety prsautioo, fumuh anal imnll all gums necessary far the prevention of accidents, comply with all laws and ngulatioo with regard in safety including, but without limitation, We Occupational Safety and Health Act of 1920 and all rules and al latiom issued Fursumt Memo. Revised 07R014