HomeMy WebLinkAbout130615 ADVANCED TRAFFIC PRODUCTS - PURCHASE ORDER - 3214423PO
PURCHASE ORDER 321442er Page
CI�/ of PURCHASE
3214423 1 of 2
' `t Collins Thisnumber must appear
on all invoices, packing
sli s and labels.
Date: 12/19/2014
Vendor: 130615
ADVANCED TRAFFIC PRODUCTS
1122 INDUSTRY ST BLDG A
EVERETT WA 98203
Delivery Date: 12/15/2014
Ship To: TRAFFIC OPERATIONS
CITY OF FORT COLLINS
626 LINDEN STREET
FORT COLLINS CO 80524
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Ped Button Supplies
Annual
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
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. COMMERCIALDETAILS.
Tax exemptions. By suture the City of Fort Collins is exempt from slim and local taxes. Our Exemption Number Is
98-04502 Federal Excise Tax Exemption Calibrate of Registry 84-6000589 is regtiaerad with the Collator of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Goods Rgated. GOODS REJECTED due to failure he meet specifiwtiom. either when shipped or due to defects of
damage m har¢it, may be common to you for credit and ate act to M replaced except upon receipt of written
restrictions firm the City of Fon Collins.
Inspection. GOODS arc subject to the City effort Collins inspection on arrival.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this oNer can .all in
authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL
ACCEPTANCE is dcpeMent upon completion oral[ applicable tequited impaction prmedum
FmIths Terns. Shipments mast be F.O.B.. Ciry of Pon Collins, 700 Wood St, Fort Collins, CO 80522, unless
otherwise specifed on this oNer. If permission is given to prepay freight aM charge separately, the original freight
bill most accompany invoice. Additional charges far packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various polls of the country, shipment is
expected from the nearest distribution Point to destination, and excess freight will be deducted fmm Invoice when
shipments are made from grater distance.
Panics. Seller shall It. as sellers .to cost all necessary permits, cenifirem and licenses rag rirN by all
applicable laws, regulations, odince. and pales of the state, municipality, temrory or political subdivision where
the work is performed, or r purred by any other duty mrstinded public authority havingjudsdicticn over the work
of vendor Sella fuNer agrees W hold the City of Fan Collins hamkss from and against all liability and loss
incurred by them by reason of an asserted nr established violation of my such laws, regulations, -counters, pales
and raluiremems.
Authonzation. All panics to this contract agree dot the representatives me, in fact, bona fide and prows, full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Parchae Order expressly limits acceptance to the terror and wnditaas stated
herein cat !teed and any supplementary or additional terms aM conditions annexed beret. it, incorporeal boreal by
reference. Any additional or different terms and conditions proposed by salter are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING ADEN Iimmediately ifyou cannot make complete shipment to arrive on your
promised delivery d to ns noted. Time is of the essence. Delivery and performance most be elected within the time
stated on the purchase order and the documents lunched hereto. No acts of the Purchaser, including, without
limaartilea acceptance .(panda) late notion.. shall operate a a waiver of ibis provision. In the teem ofully delay,
the Purchaser shall have, in addition to other legal and aluitable rernedia, the option of placing this order elsewhere
and holding the Sella liable for damages. However, me Seller shall not be liable for damages as a result of delays
due W wows not reassembly foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of God, acts of ervil or military authorities, governmental pdon ia, fires, wakes, Road, epidemics, wars or
Hors 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 fare event of any such delay, the date of delivery shall be
extended for the period c tual to the fime aurally last by reason of the delay.
3. WARRANTY.
The Seller warrants that all good, maid., rwtmak and work covered by this order will conform with applicable
drawings, specifications, samples a.gor other descriptions given, will ba fit for the purposes amended, and
pert ed with the highest degree of care are competence in accordance with accepted standard for work of a
similar nature. The Seller agrees to hold the purchaser hatmless from any loss, damage or expense which the
Purchase, may suffer or incur on.., of the Sellers breach of warranty. The Seller shall replace, rare it or make
goad, without cost to the purchaser, any defects or faults wising within one (1) year or within such longer period of
time es may be prescribed by law or by the terms of any applicable warranty provided by the Seller after due date of
sccapmnce of the good f ished hereunder (acceptance not to he unreasonably delayed), resulting from butterfat
or defective work dorm or materials famished by the Sella. Acceptance or sew of goods by fire Purchaser shall not
conslitute a waiver ofany claim order Nis.1y. Except as otherwise provided in Nos purchase coda, the Sellers
liability hereunder shall extend Wall damages provimrely award by Ne breach of any of fare foregoing warramea
or guarantees, but such liability shall in no event include lass of profits or loss of awe. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL. TERMS.
The Purchase may make changes W legal terns by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terra, other thin legal laws, including additions or or deMiam fmm
the quantities originally ordered in the specifications or drawings, by sahal or written change order. If any such
change affects the amount due or the time Mperforrnance hereunder, an equaable adjusment shall be made.
fi. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all Winans of the
goads then not shipped, subject W any almarble adjustment between the parties or to any work or materials then in
progms provided that the Purchaser shall not be [late for any claims for anticipated prows on the uncompleted
portion of de goals rrgor work for incidental or rim rguential damages, and that no such adjuwrnrnt be made in
favor of the Sella with respect to any goods which ace the Sellers stadaN stock. No such temmination shall reliae
the Pwchawr or the Seller ofany of their obligations to to any goad delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is
Ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and f fished in strict
compliance will all eppltiable laws and regulations to which the goad are subject Thc Sella shall execute and
deliver such docurne sas may Be ealuied to effect or evidence compliance. All laws and regulations papared to be
intentional in agreements of this character art herby incorporated heein by this reference. The Seller agees W
indemnify and hold the Purchaser harmless from all costs and damages suffered by me Fmchua as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, common, or convey this order, or my monies due or to become due hereunder without the
prior women consent of the oNer parry.
I O. TITLE.
The Seller warnings full, clear and alwaaicred tine W One Purchaser for all equipment, auteriak, and items famished
in performance of this agreement, free and clear of any and all lines, remtrimons, reservations, mainly interest
encumbrances and claims eforlmers.
11. NONWAIVER.
Failure of the Purchaser to insist upon shirt performance arms rears and conditions hereof, failure or delay to
any rights or remedies provided herein or by law, failure to premptly notify the Seller in the event o'a
breach, the acceptance after payment for goad hereurder or approval of the design, shall trot release the Seller of
any c f the warraomes in obligations of this purchase order and shall riot be deemed a waiver of any right of the
purchaser to insist No strict pinfics ace hereof or any of as rights or remedties as to any such goods, tegaNless
of when shipped, received or accepted, as to any prior or sobsryuent default M1ereuvda, nor shall any purported
oral modification or rescission of this purchase oNer by Ne Purchaser operate as a waiver of any of the tenor
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize slut in actual economic practice, overcharges malting from antitrust
violations me — in fact boby the Purchaser. Theretofore, far good auw and as comidearim for executing this
purchase order, Bar Setkr hereby acsigrts to the Purchaser any card all claims it may now have or hereafter
acquired maker federal or store .,I., lass: for such overcharges relating ro the particular good err service
purcM1awd in acquired by the Purchaser pursuaat W Ris purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Iflhe Purchaser directs the Sella to correct nonconforming or defective good by a date to be agreed upon by the
Purchaser and the Seller, and the Seller Bourne, indicates its inability or unwillingness W comply, the Purchaser
may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all
an. associated with such work.
The Sella shall release the Purchaser and its contmctors of any for from all liability and claims of any nature
resulting fmm the Performance ofsuch work.
This mleaze shall apply even in the event of fault of negligence of the parry released and shall extend W the
directors, officers and employees ofsuch party.
The Sellers contractual obligations, including warranty, shall not be deemed to he reduced, in any way, because
such work is performed in caused to be, performed by the Ptaorhaxar.
14. PATENTS.
Whenever the Sella is prepared to arse any design, device, mama) or poorest covadi by lawn, parent, nademad
or copyright, the Seller shall indemnify and save harmless the Purchaser final any and all claims for infningement
by reason of the use of such parented design, device, material or process in connection with the contract, and
,hall indemnify the Purchaser for any cost, expense or damage which it may be obliged W pay by reason of such
infringement at any time during the prosecution or after the completion of due work, In caw said anagram, or
any pan thereof or the intended use of the good, is in such suit held W consrirure inGingement and the use of
said equipment or par is enjoined, the Sella shall, at its own expense and at its option, either procure for the
Purchaser she right to continue more said equipmenl or part, explacc rare ware with substantially equal but
nonu fringing aryipment, or modify it so it became noninGnging.
IS. INSOLVENCY.
If the Seller shall become insolvent ar bankrupt, make an assignment for the benefit of creditors, appoint a
reaciver 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 defialtions of lams used or the interpretation of the me., and Ome rights of all panics haeanda sharp be
..it alder and governed by the laws ofthe slate ofCMmwla, USA.
The fallowing Additiomal Conditions apply only in caws where the Sella k to perform work hereunder,
including the smices.(sell", Representative(s), on the premises of o le s.
Ill. SELLERS RESPONSIBILITY.
The Seller shall any on said work at Sellers own risk until the same is fully completed arN accepted, and shall,
in case of any accident, destruction or injury to rare work angler materials before Sellers final completion coat
aargamea, complete the walk at Sellers own expense and W the satisfied.. of Ne Purchawr. When crateriak
and equipment are f ished by oth", for iasWlinion err ere<it.. by the Seller, the Seller shall receive, aalad,
stare and lurmdle sere at the site and become responsible therefor as though such nationals author equipment
were bang famished by the Seller under the order.
18. INSURANCE
The Seller shall, el his own expense, provide for the payment of workers compensation, including occup Band
disease benefin, W its employees employed on or in connection with tle work covered by this parelow order,
angler an their dependents in accordance with the laws of the sure in which the work is to be done The Sella
shall also any, comprehensive general habalary including, but not limited W, sentiment end automobile public
liability Insurance with bodily injury and death limits of an Ime, 5300.000 for any one person, S500,000 for any
one accident and property, damage limit per accident of 5400,000. The Seller stuff likewise raptim his
contractors, if any, to provide for such comport s..to. and insumnce. Dart. any of the Sellers or his ri mmcmrs
employees shall do tiny work upon the penises of when, the Seller shall famish the Purchaser with a cenafcate
that such compensation and imemnce have been provided. Such cenilicates shall specify the date when such
compensation and insurance have been provided Such certificates shall specify the date when such compensation
and insurance expires. The Sella agrees that such compensation and insurance shall be maanuined until after the
come work is complaed and accepter
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
no Seller hereby auarm the entire responsibility and liabilly for any and all damage, loss car injury ofany kind
or sere whatsoever to persons or property caused by or resulting from the execution ofthe 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 Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indi vel, and whether to persons or property to which the Purchaser may
b<put or subject by reason of my act, action, neglect, oussaon or default on the pan of the Seller, any of his
contractors, or any of the Sellers co cardamom officers, agents or employers. In awe any suit or other
proceesim, sbal be brought trimnst the Emotional, err os oRrms. ogrnts co employees at any tame on awmt or
by reason of my act, action, neglect, omission or default of the Seller of my of his conformer or any of as or
their oRcas, agents or employees res aforesaid, the Seller hereby agrees to uwame the defense thereof red to
defend the same in the Sellers own expense, to pay any and all costs, charges, anarmg. fees and office expenses,
any and all judgmems that may be incurred by or obsaind against the Purchaser or any of its or their officers,
agents or employees in such suits in other proceedings, and in case judgment or other lien be placed upon or
obtained agaarat the property of the Franchiser. or said Parties in or as a fault of srwh sod Or other proceedings,
the Seller will at once cause the same to the, dissolved and resurrected by giving bond or otherwise. The Sella and
his eonmectors shall lake all safety peecautiorts, fumuh and amWll all grand caraway, far the prevention of
accidents, comply with all laws and regulations with regard W safety including, but willing limtiution, the
Occupational Safety and Hahh Act of 19f0 and all mles cad reguladom iasued pursuant Nmto.
Revised 072014