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HomeMy WebLinkAbout119979 QUALITY TRAFFIC CONTROL - PURCHASE ORDER - 80176z- City of Port Collins Page Number: 1 City of Fort Collins Date: 01 /02/08 Purchase Order Number: 8017 Vendor: 119979 Ship To: QUALITY TRAFFIC CONTROL ELECTRIC UTILITIES 209 RACQUETTE DR SUITE B CITY OF FORT COLLINS FORT COLLINS C0 80524 700 WOOD ST FORT COLLINS CO 80521 .+ IIVV, y . OLW. V IIV41vo buyer: DICK,OPAL Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence. Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Qty/Units Description Extended Price 1 2008 Light & Power Barricades Total This order is ftthalid over $2000 unless signed by James B. O'Neill II, CPPO, FNIGP City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580 2,000.00 $2,000.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Condi I. COMMERCIAL DETAILS. Invoice Address. To ensure prompt Payment mail invoices in duplicate to City of Foil Collins Accounting Division P.O. Box 580 Foil Collins. CO 90522 Tax exemptions. By statute the City of Fort Collins is exempt from state and local rases. Onr Rm... pilot N the, is 98-04502, Federal Excise Tax Exemption Certifiecam of Registry 84-6000587 is regismred with de Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smarms 1993, ('hurter39-26, 114 In Goods Rejected. GOODS REJECTED due to failure to meet Specifications. either' When shipped or due to defects of damage in transit, may be returned to you for credit and are rim to be replaced except upon receipt of written instructions from the City of Fail Collins. Inspection. GOODS are subject to the City of Foil Collins inspection on air real rural Acceptance. Receipt of the Inenebandlse, services or egaipmem in response to this order can result in archaized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of ail applicable required inspection praedmes. Freight Terns. Shipments most be F.O.B., City of Poll Collins, WE Wood St, Fail Collins, CO 80522. unless otherwise specified of this order. If pmdssion is given to Perry freight and charge separately, tire original freight bill must Immorally invoice. Additional charges for packing will not be accepted. Shipment Distance. Where mmufletterers have disnibreing points in various pans of the country, stipnent is expected from the nearest distribution point to destination, and excess freight will be deducted firm Invoice when shipments are made from greater distance,. 10. TITLE. The Seller walnuts fall, clear and unrestdcad title to the PE.hasa fen all equipment maereds, and item famished in porfamana of this agreement free and clear of any and all liens, railictio es, reservations, security interest encu mmonces and claims of other. I I. NONWAIVER. Failure of that PmCJxMI to insist upon racier per of dto terns and conditions hereof, failure or delay to exercise any rights or remedies provided her cin or by rasa, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereandm or approval of the deign, shall not release the Seller of any of the wmranlies or obligations of this purchase order and shall not be demand a waiver of any nigh of the purchaser to insist upon strict performance hmxof or oily of its fights or readies as to any such goads, regardless of when shipped, received or accented, an to any prom or subseqaem default Iereunder, nor shall any Imported oral modification or rescission of this purchase order by the Pmcbawar opemto as a waiver of any of the ream hereof 12, ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overchm'Sol resulting frail amitmst violations are in Fiact hone by the Purchaser. Theretofore, for good rouse and in consideration for executing this Wrchase order, tie Seller' hereby assigns to the Purchaser any and all claims it may now have or hcmalar momired under federal or state antitrust laws for such co achmges relating 10 the parriarlar goods or Services purchased or acquired by the Punchosa parsuant to this purchase or 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purclrasa' directs the Seller to mania nonconforming or defative goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to he performed by the most expeditious meant available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its cormnixtors of any tim' font all liability and claims of any nature mothers front the performance ofsach work. Pemrim Seller shall procure m sellers sole test all necessary pouts, cerificates and licenses required by all 11.1 sln:nll alp y ev—I emu nrllnc event of fault of negligence of die pally released and shall extend to the directors, applicable lass, regnlatiorts, ordinancce and mla of lh<smm,municipality, territory or political subdivision where o(fcera and employees of such party. the work is performed, or requimi by rely other duly comtiemd Imblic maturity Imvingjtu mci ction over the work of vendor. Seller Further agrees to hold the City of Fort Collins h makes, fronn and againm all liability and loss The Seller's canmmual obligations, including warranty, shall no be deemed to he reduced, in any way, bemuse such incurred by than by reaon tab sof an exacard or established violation crony such paws, m,alrLions, ordinances, It.]. work is performed or caused to be perli rased by the Purchaser. n nA rrm,,,xmrnrc Authorization. All Vannes to this court=, agree that he representatives are, in Net, boon Ede and possess full and complete authority to hind said panic. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions sated herein set forth and any supplementary or additional emu and conditions mnexed hereto or inco pornted herein by reference. Any additional or different tenter and conditioas tampered by seller' are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your pmsiseddelivery date as noted. Time is of the essence. Delivery and perbnnence must be effected within the circle sated on the purchase order lad the damnems attached herem. No nos of the Pnrcbasens including, without Iinnitarion, acceptance of partial late del Ever 'am, strait option, as a waiver' of Ibis pwision. In the even, or tiny delay. the Purchaser' End have, in addition to Other legal and eqniable rennedies, the option of placing this order' elsewhere died holding the Seller liable for damages. However, the Seller shell not be liable for damages as a result of delays due to causes not ceasonamy foreseeable which are beyond its marormble control and without iIS L All of negligrna, such acts of God, nets of civil or military authorities, govenamental priorities, fires, strikes, Bowl, epidentia, wars or Ads provided that notice of the conditions causing such delay is given m the Purchaser within Eve (5) days of the time when the Seller first received knowledge thercof In the event of oily such delay, the date of delivery shall be extracted for the period equal to the tine actually tat by... of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will eonfomt with applicable drawings, specifications, samples and/or other denaturants given. ,,It be pit for the poipmes intended, and MI fomxd with the highest degree of care and contpmence in accordanu wish accepned standards for work of a sirnila nature. Tl]c Seller agrees to hold the purchaser harmlesv from oily loss, damage a expense which the Purchaser may suffer or incur on account of the Sellers preach of wannnty. The Seller shall replace, celuir o' make good, without casuo the purchaser, any defers or faults raising within one (1) year or within such longer' Period of since as may be prescribed by 1. or by lire terns of any applicable warranty provided by the Seller after the date of acceptance of the goods famished heratrder (acceptance not to be uaeao.'ably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use ofgoods by the Patchmer shall eta constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend 10 all damages proximately caused by the breach of any of the foregoing wanmrnies or gnoontces, bat such liability stall in caw event include loss of profits a loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchasermay make changes to legal terns by writ at change order'. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any chnngn to the tenets, oOer tan legal terns, including addiciae to or deletions from the quantities originally ordered in the specifications or dmI.aIs , by verbal or written village Oder. If any such change affects the ancount due or the time of perfonnmce hereareder, air equitable adjustment shall he .'aide 6. TERMINATIONS. The Purchaser may, at any lime by written change order, terminate this agreement re to cry or all Ierions of the goads than not shipped, subject to any equitable adjustment between the lames se to any work or nraennls then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the nncamplemd ponion of the goads and/or work, for incidental or consequential damages, and chat no such adjus read W made in favor ofthe Seller' with respect to any goods which are the Sellers standard stock. No Still termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT Any claim for' adjustment Intel be usaled within Ihiny (30) days firm the data the chnnge or enninntion is ordered. 8. COMPLIANCE WITH LAW. The Seller warmus that all goods sold hereunder shall have hear produced, sold, delivered and finmished in sit mi compliance wit], alp applicable laws annd regulmions to which the goods ere subject The Seller slmll execute ad deliver such documents u may M required to effect or evidence compliance. All Imes and regulations required to be incorporated in agmencents of this character are hereby incorporated hercin by this reference. The Seller agrees to indEnhi fy and hold the Purchaser laundries ndris Firm alp OWES .,,it damages suffered by the Purchaser re a result of tic Sellers fraltuo to comply will] such paw. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, many Inman dot or to become due hereunder' without the prior written commit of the other party. 14. PATENTS. Wherever the Seller is required to use are, design, device, material or process covered by perm, patent, trademark or colsyrigl]t. the Seller shall indemnify and save han deers the Purchaser firm any and all claims for infringement by rcoson of the use ofsuch patented design, device, material or preen in comtaaion with rue convaot and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during to prosecution or after the completion of the work. In case said equipment, in any pan thereof or the intended use of the goods, is in such suit held to constitute hill ingemmn and the use of said equipnnear or pin is enjoined, tire Seller stall, at its own expense and at its option, either praure for the Purchaser the right to continue using said equipment or ports, replace the sane with subsmntiahly equal but non -infringing equipment or modify it so it I wroar s non -infringing. 15. INSOLVENCY. If de Seller' Start become insolvent, or Wnkrnpt make an assignment for the bamfit ofereditnrs, apPoint a receiver or trustee for any of the Sellerrs property a business, this order may, forthwith be canceled by the Purchaser without liability W GOVERNING LAW. The definitions of terns used or the interpretation of the agreement mid the rights of all parties hereunder shall M construed nuclei and governed by the laws of the State of Colorado. USA. The following Additional Conditions apply only in cues when the Seller is to perfomn work her cruder, including the services of Sellers Represemalive(s), on the penises of others. IZ SELLERS RESPONSIBILITY. Tim Seiler shall can, o I said work a1 Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident distinction a injury to the work mall., mrdedds before Sellers final conryletion and accelnana, conrylete the croak at Sellers civic expense and to the satisfaction of the Purchase. When materials and equipment am famished by others for installation or emetion by the Seller, the Seller shall receive, unload, sae and handle sane at the site and become resiso edible therefa as though such materials and/or equipment were being firmished by the Sella artier the order. S INSURANCE. The Seller shall, i1 his own expense, provide for the payna m of workers compensation, including marmotioml disease benefils, to its employees Employed an or in connection with the work covered by this Purchase order, and/or, to lam, delgndents in aaordamer With the paws of the stale ins which the work is to M done. The Seller shall also carry congnehmairm general liability including, but rim limited to, contmcwd and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one person, $500,000 for any are accident and property damage limit pen' accident of $400,000. The Seller shall likewise require his commcmrs, if any, to provide for sack compensation mid instance. Before any of fire Sellers or his conuxmrs employes, shall do any work upon tire premises of others, the Seller shall famish the Pnrchnm with a certificate that such compensation and insurance Iran been pnm•ided. Such Beni Ricaner 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 Seller agrees that such compensation and intimater shall be maintained until after' the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby Assumes the Entire responsibility, and liability For any and all damage, loss or injury of any kind or mauve whatsoever to prisons ur proleny caused by or'r'esalling from the execmion of the work provided for in this purchase order or in connection herewith. The Seller' will nationality and hold harmless the Purchaser and oily or all of the Purchasers ofdcros, agents and Employees firm and against may and all claims, losses, damages, thing. or expenses, whether direct or indirect, slid whether to prisons or property to which the Purchaser' may be put or subject by reason of any act action, neglect, omission or default on the pan of the Sella, any of his contractors, or any of the Sellers or contractors oRirms, agents or employms. In can may suit or other proceedings shall he bought againm tire Purchaser, or its officers, agents or anployee, at any time on account or by reason of any act, notice, neglect omission ordefault of the Seller of my of his connector or any of its or their official, agents or employees re aforesaid, the Seller hereby agrees to resume the defense thereof and to defend the smile at the Sellers own expense, to pay any and all tour, charges, aaomeys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agenm or ernployear in steh suits or other' pracedings, and in cue judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a resell of Each suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving Wad or Otherwise. The Seller and his contractors shall take all safety precoations, funrish and install alp guards necessary, for the prevention of accidents, comply with at laws and regulations with regard Io safety inchding, bill without [imitation, the Occupational Safety and Health Act of 1970 and all rams and regulations issued pursuant thenem. Revised 1119