HomeMy WebLinkAbout532711 ITERIS - PURCHASE ORDER - 3215079of
Fort Collins
Date: 0110912015
Vendor: 532711
ITERIS
PO BOX 842123
LOS ANGELES CA 90084-2123
PURCHASE ORDER
PO Number Page
3215079 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: STREETS DEPARTMENT
CITY OF FORT COLLINS
625 NINTH STREET
FORT COLLINS CO 80524
Delivery Date: 01/08/2015 Buyer:
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 2015 CONTRACTUAL
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
4,000.00
Total $4,000.00
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. Brower the Ciry of Fed Collins is inrmpt fins uaze and lead taxes. Om Exemption Number is
I I. NONWAIVER.
98-04502. Federal Excise Tax Exemption Cedifmtr of Registry 84L0o0587 is registered with the Collator of
Folon of the Parchuer to insist upon amot parformma of thr tames and rombricas hereof, failure or delay to
Internal Revenue, Denver, Colombo (Ref. Colorado Revised Sutures 1973. Chapter 39-26, 114 (a).
ra ncue any rights in ranedies presided herein m by law, failure to promptly notify the Sella in the event of a
breach, the acceptance ofor payment for goods h.unda or approval of the design, shall not release the Sella of
Goods Rejected, GOODS REIECTED due to failure to meet specifwtimss, either when shipped or due to &fee. of
any of the wananties or obligations of this purchase order and shall not he dcemed a waiver of any right of the
damage in transil, may be returned to you for credit and me not to be replaced except upon receipt of wnnm
purchaser to insist upon strict pefommance hereof or my of its rights or remedies re to any such good, regardless
inactions fmm the City ofFod Collins.
of when shipped, received or accreted, as to any prior or subsequent default hereunder, nor shall my purported
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms
Inspection. GOODS are subject to the City of Fart Collins inspection on naval.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order ran r 1, in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
aurhonsd payment on the path of the City of Fan Collins. Howevo, it is to be unilateral OutFINAL
Sella and the Purchaser recognize Out in wool economic pantie', o eacharges resulting fmm antitrust
ACCEPTANCE is dependent upon complain. craft applicable rgmood inspection procedures.
violations are in fact home by he Purchaser. Thrremfsm, for good exact, and m consideration for executing this
purchase order, the Sella hereby assigns m the Purchaser any and of claims it may now have or hereafter
Freight Tema. Shipments must be F.O.D.. City of Fort Collins, 700 Wood St., Fad Collins, CO 80522, unless
required under federal or state antiam, laws for such overcharges colors, m Or pwimmr goods or services
otherwise specified an this order. Ifpmmission u given to Prepay freight and charge separately, me original freight
ptuchased or uquircd "a Pwbma Forward to this purchase miler.
bill must accommnv invoice. Additional charges for melons will not he soared.
Shipment Distance. Where mamfc urns have distributing points in various ems critic mumry, shipment is
expected fmm the nmrat distribution paint to destination, and excess freight will be deduced fmm Invoice when
shipments we made Now PJeata distance.
Permits. Seller shall procure at sellers ..to cost all necessary permits, ttdlficat. and licenses required by all
applicable laws, regulations, ordinances and tales of the state, municipality, territory or political subdivision where
the work is performed, or acquired by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fan Collins harmless fmm and against all liability and loss
nemrN by them by on. of an asserted or established violation of my such laws, regulmiom, ordinances, tales
and raluiremmts.
Atcherirxtion. All panic I. this comma agree Our the rmaesenmives are, in fact, Form fide and possess full wal
complete mmoriry to bind said ponies.
LIMITATION OF TERMS. This Purchase Order expressly limits mexptanve 1. the W. and amaddiam stated
herein set forth and any supplementary or additional terms and coMitione annexed hereto or merriment hewn by
reference. Any additional an OlRrent to. and conditions proposed by sells on, objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to wave an your
promised delivery data as noted Time is of the essence. Delivery and performance must be efee ed within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, wimout
Inanition. weepnance of partial late deliveries, shall operate as a waiver of this provision. In the event crony delay,
the Purchaser shill have, in addition to other legal and equitable remedies, me option of placing this oMet elsewhere
and Midi, Or Seller liable for damages. However, IN Seller shall at be liable for damages m a areal, of delays
due to causes not reasonably foreseeable which we beyond its reasonable control aM without its fault dingligence,
such acts of God, was of civil or military authorities, governmental priorities, fires, strikes, Dodd, epidemiq was or
riota provided that native of the ca ddions causing such delay is given m dre Purchaser within five (5) days of the
time when the Seller first received knowledge mcreof. In the even, of any such delay, the due of delivery shall he
estimated for IN period equal m the time mtually loss by reason of the delay.
3. WARRANTY.
The Sella worries Out all goods, article, materials and work covered by this ender will conform with applicable
drawings, spmificatiom, samples and/or other descriptions given, will be, fit for Or purposes intended, end
performed aim Or highest degree of one and competence in accordance wins mccpted uandard for work of a
similar nature. The Sella agrees to hold the purchaser hmmless from my lass, damage or expense which the
Purchaser may sulfa or incur on account of Oe Sella breach of warranty. The Sella shall replace, repair or make
good, without cost to me purchaser, any defects or faults arising within one (1) year or within such longer period of
time as may be, prescribed by law or by the cams of my applicable money y provided by the Seller after the date of
acceptance of the goods famished hereunder (acceptance not be uaressonably delayed), resulting from assertion
re defective work done or materials famished by the Seller. Auctioneer or not, of good by the Purchaser shall not
anstimre a waiver of my claim abler this warranty. Except ns otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by Or breach of my of she foargoing warranties
or guafemees, but such liability shall in no at include Inns of profits an Inns of. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchmer may make changes to legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the temu, other Nan 1e6n1 corm, inelelm, assei... to or deletions from
the quantities originally ordered in the specificmiom art drawings, by verbal or written change order. If any such
cltunge effects the amount due or the time ofpermmmone hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may in my time by written change order, terminate this agreement se to my or all portions of the
good then not shined, subject to any ems able adjustment baween me patties as to any work or materials then in
progress provided that the Producer shall not be liable for my claims for anticipated pmfu on the uncompleted
Nation of the goods wagon work, fan incidental or consequential damages, and Out no such adjustment be made in
Near of the Seller wins respect to my goods which we the Sella standard stock. No such trmsinatim shall relieve
the Purclmserar the Seller army ofthe'u obligations is to my goads delivered hereunder. -
T. CLAIMS FOR ADJUSTMENT.
Any claim fan adjttnmm, most be, asserted within miry (30) days fmm the dam the change or nomination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants Oat all goods sold hereunder shall have been produced, sold, delivered and furnished in strict
compliance with all applicable laws and regulations on which me goad ere subject The Seller shall execute and
deliversuch decumews as may he required to effortof evidence compliance. All laws and regulations required to be
inscrpomeed in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify arW hold Or Pwhaser harmless from all costs and damages sufRred by the Purchaser as is at of the
Salim failure to compy with such law.
9. ASSIGNMENT.
Neither Perry shall script, Irassfer, an convey this order, or my monies due or to become due hereunder without the
prior waiam consent ofohe oma party.
10. TITLE.
The Sella warrants full, clear and can strictM title to the Purchaser for sill equipment, materials, and items famished
in performance of this agreement, free and clear of any and all firm, restrictions, reservations, security interest
encumbrancesand claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser dinum Or Seller to mrrect rwpeanforming or defective goods by a date to he agreed upon by the
Purchaser and the Seiler, and the Seller thereafter indicates its inability in unwillingness to comply, the Purchaser
may cause the work to be performed by the most expeditious means available to it, and the Seiler shall pay all
costs associated with such work.
The Seller shall release the Purchaser and its contractars of any tier from all liability and claims of any aware
resulting from the performance ofsuch work.
This mime shall apply even in me event of fault of negligence of me party releat and shall extend to the
directors, officers and amployeas crouch parry.
The Seller's comentml obligations, including warrant, shall rat be domed to he redmW, in my way, because
such work is performed or reueed no he performed by me Purchaser.
14. PATENTS.
Whenever Or Sella is required to use any design, device, material or precess covered by lever, patent, trademark
or copyright, the Seller shall voluntary and save M1annlm the Purchaser fmm my and all claims for infringement
by areas of the use of such patented design, device, material 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
infringement at any time daring the prosecution or Per the completion of the work. In case said equipment, or
any pan thereof or the intended use of the gaods, is in such suit held to constitute infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
noninfi nging equipment, or modify it so it bawma noninfringing.
15. INSOLVENCY.
If rise Seller shall become insolvent or bankrupt, rake on assignment for the Feet of cardium. appoint a
reariver or motor fan my of Or Sell. progeny or business. this maker troy forthwith he canceled by Or
Putcb, without liability.
16. GOVERNING LAW.
The definitions airman, used at the mtmpneation ofthe agreement and the rights oral parties hereunder shall he
consaed under and governed by me laws of the Slane ofColoado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Reprearifica die), on the premises ofathers.
IT. SELLERS RESPONSIBILITY.
The Sella shall any on said work at Seller's own risk until the same is fully completed and accepted, and shall,
in case of my accident, des.uction or injury to the work union materials before Sellers final completion and
mveptame, complete the work at Sellers own expense and to she satisfaction of the Purchase, When mareriaB
and equipment me, furnished by others for installation or erection by the Seller, the Seller shall receive, unload,
sore end handle same at Or site and became responsible reactor as though such mmmals maker equipment
were being famished by the Sella trader the order.
18. INSURANCE.
The Sella shall, at his own expense, provide for Or payment of wisdom compensation, including co unatimml
disease benefits, to its employees employed on or in connection with me work covered by this purchase order,
makor to their dependents in accordance with the laws of to state in which to work is m be, done. The Sella
shall alto carry comprehensive formal liability including, but not limited to, contractual and automobile public
liability insurance with b illy injury and death limits of to lens, S300,000 for any one person, $500,000 for my
one
accident and property damage limit per accident of S4o0,000. The Sella shall likewise require his
ontactors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do my work upon the premises of wham, Or Seller shall fuwsh the Purchmer with a romfcate
that such compensation and insurance have been provided. Such cenlficanes shall specify the date when rah
wmpensmion sad insurance have been provided. Such cedificates shall specify me date whan such c nclareatim
and insurance expires. The Sella agrees Out such compensation not insurance shall he maimaimd until aDa he
retire work is completed sell accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby resumes the retire eaparamiliry and liability fan any and all damage, Inns or injury army kind
or nature whcumer ev posers m prepedy mused by or ranting fmm the execution order work provided for in
this purchase order or in connection herewith. The Sella will indemnify and hold howl. the Purchmer and my
m all of IN Purehsers aMo., agents and employees from and against my and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to person, or property to which the Pumhaser may
be put art subject by ream. of my car, action, region, omission or default an the an of the Seller, any of his
contractors, or my of in, Sellers or amitra.to,, oIfcars, agents or employees. In two any suit or to,
procerde, shall he brought against the Further, or its office,,, agents or employees at any time on recount or
by reason of any net, action, neglect, omission or default of the Seller of my of his commoners or my of its or
Our, wirers, agents or amployees m aforesaid, to Seller hereby agrees to assume Of defense thermf and m
defend the same at the Sella own expense, to pay any and all costs, charges, attorneys fas and oiler expenses,
my sued ell judgments Oat may be mewed by or obtained ngains, IN Purchaser or my of its or their otlicat,
agents or employees in such suits or other praeWings, and in case judgment or other lion be placed upon in
obtained against Oe propmy crime Forebear, or said panic in or as a each of smh suits or other proveedWg,
the Sella will in ono muse the same to be diaselvad and diuharged by giving bond m otherwise. The Sella and
has contractors shall sake all safety precautions, tannish and imall all grids necessary for the pnevontim of
accidents, comply with all laws and regulations with regard W mfety mcludinng, but without limiahier, the
Occupational Safety and Health Act of 1970 and all tales and regulations issued pai Omen.
Revised O7Q014