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HomeMy WebLinkAbout119979 QUALITY TRAFFIC CONTROL INC - PURCHASE ORDER - 9142088of Fort Collins Date: 04/14/2014 PURCHASE ORDER Vendor: 119979 QUALITY TRAFFIC CONTROL INC 209 RACQUETTE DR SUITE B FORT COLLINS CO 80524 PO Number Page 9142088 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: NATURAL AREAS CITY OF FORT COLLINS 1745 Hoffman Mill Road FORT COLLINS CO 80522 Delivery Date: 04/14/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 52 days @ 98.15/day Invoice 5361 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 5,103.80 iITc11-Ii7 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 saran the City of Fort Collins is exempt fmm sate mad local taxes. Our Exemption Number is I I. NONWAIVER. 98-04502. Federal Excise Tax Exemption Caro ficme of Registry 84-600058I is registered with the Collector of Failure of the Puchasa to insist upon strict performance of the seems and conditions hereof, failure or delay to Internal Revenue, Demm, Colorado (Ref Colorado Revised Sonatas 1923. Chapter 39-26,114 (a). exciam any rights m remedies Provided herein or by law, failure to promptly notify the Seller in the event of a branch, the acceptance ofor payment for goods he oundar or approval ofthe design, shall not mle ce, the Seller of Goods Rejected. GOODS REJECTED due to failure 1. men specificnions, either when shipped or due to defects of any of the warranties m obligations of this purchase order and shall not be deemed a waiver of my eight of the damage in about, may be retuned to you for credit and art not to be replaced except upon receipt of written purchaser a in ist upon strict perbaccoum hareofot any of its rights or readies as to any such good, regardless instructions from the City of Fon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by She Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject W She City of Fan Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. autbonned payment on the part of the City of Fun Collins. Howes, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic power, m'ercbarges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact bone by the Purchaser, Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it nay now have or hereafter Freight Tenses. Shipments most be F.O.B., City of Ton Collins, 700 Wood St., Fart Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given 1. prepay freight and ebar,, separately, the original reighl purchased or acquired by the Purchasar pursuant to this purchase .,it — bit I must accomoanv medic, Additional charge for eukins, will not be accamed. Shipment Distance. When rranufacmram have distributing Points in various parrs of the country, shipment is expected fmm the newest distribution point to destiontion, ad excess freight will be deducted from Invoice when shipments are rode fmm greater durance. Permits. Seiler shall procure at sellers sole cast all necessary permits, oni ifiew. and licenses required] by all applicable laws, regulations, oNimancas and rates of the state, municipality, memory or political suWivuion where the work is performed, or required by any other duly comtirimd public authority haviogjunsdictim over the work of vendor. Seller further agrees to hold the City of Fort Collin hmmlcss from and against all liability and loss incurred by them by reason of an asserted or established violation army such laws, regal ownes, indurn ces, rules an i on,drements. Authorization. All parties to this commcl agree that the representatives are, 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 temps and conditions stated herein sat forth and any supplementary or additional terns and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and condition progned by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately Wynn cannot make complete Shipment to arrive on your promised delivery data as noted. Time is of the essence. Delivery and performans- must be effected within the time Su1ed on the purchase order and the documents attached hereto. No was of the Purchasers including, without limitation, occ,,. of partial late deliveries, shall operate as a waiver of this Pmyu,mw In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere .it holding the Seller liable for damages. Hoxever, the Seller shall rat be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable coowl and without its fault ofnegligame, such eels ofGW, acts ofcivil or military authorities, govemm,.al immune, guys, strikes, Rood, epidemics, wars or rims provided that notice of the condition causing such delay 4 given to She Purchaser within five (5) days of the time when the Seller rest eceived knowledge thereof. In the event of any such delay, the data of delivery shall be extended for the peril equm to the time actually lost by reason ofdre delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and compaence in accordance with accepted standards for work of a 'oat ar noture. The Seller agrees to hold the purchaser hamlets fmm any lass, damage or expense which the Purchaser may suffer or incur on account of the Sellers branch m warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults wising within one (1) year or within such longer peril of time as may be prescribd by law or by the mass of my applicable wormny provided by the Seller mm, the date of acceptance of the goods f ant¢bd hereunder (acceptance ant to be unseasonably delayed), resulting from imperfect or defective work done or materials Emmental by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver of my claim under bas wamnry. Except as otherwise provided in this purchase miler, the Sellers liability hereunder shall extend to all damages proximately caused by the branch of my of the foregoing warranties in guarantees, but such liability shall in ran event iwclude loss of profits m Ins of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchases may make changes to legal terms by written change polar. 5. CHANGES IN COMMERCIAL TERMS. The Purchrtser may make any changes 4 the terms, the, than legal terms, including additions as or deletions fmm the quantities originally ordered in the specifications or drawings, by verbal or writer change order. If any such change afflicts the amount due of the time of performance hereunder, an equitable adjustment shall be mnde. 6. TERMINATIONS. The Purchaser may at any time by written change order, mlminam this maximum as to any or all potions of the goods then not shipped, subject to any equitable adjustment between the parties u m pay work or materials than in progress provided that the Purchaser shall not Is, liable for any claims for anticipated profits on the uncompleted portion of the gods and/or work, for incidental or consequential damages, and that no such djmtment Is, made in favor of the Seller with respect to any grads which ale the Sellers sandvol stock. No such mrmimtion shall relieve the Purchaser or the Seller of any ofm it obligations as to any goods delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the dare the change m nomination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder slant have been produced sold, delivered and famished in strict complains, with all applicable aws and regulations 1. which the gwds we subject The Seller shall execute and deliver such documents as my be requital 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 hmmless from all casts and damages suffered by the Purchaser to a result of the Sellers Failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this older, or any mamas due or to became due hereunder without the prior written convent of the other parry. 10. TITLE. The Seller warrants full, clear and unustricued title to the Purchases for all equipment, mamriaa, and items famished in performance of this agreemem, Imes ad clan of any and all liens, mestrictiora, enervation. Sammy intent ,.cumbrances and claims ofrom.. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the purchaser directs the Seller to correct nonconf ing or def Live goads by a dam to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its mobility in unvvillingaess to comply, the Purchaser may cause She work to be performed by the most expeditious means available to it, and the Seller shall pay all rasa usrcimd with such work. The Seller shall release the Purchaser and its contractors of any her rom all liability and claims of any ware resulting fiom the pvrmat ofsuch work. This release Shall apply even in the event of fault of negligence of the party released and shall exlrnd to the directors, officers and employees ofsuch piny. The Sellers contractual obligations, including warranty, shall not be deemed to be redned, in any way, because turn work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is remud 10 use any design, device, analenal m process covered by lane, patent, trademark or copyright, the Sewer shall indemnify and save harmless the Purchaser from any and all claims for infringement by reemn of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to Pay by reason of such infringement at any time during the prosecution or after the completion of She work. In ease said equipment, or any pan thereof m the intended use of She goods, is in such suit held m caned iNm 1nGa moo l and the use of Said equipment or pan is enjoined, the Seller shall, at its two expense road at its option. either procure for the Purchase, the eight to continue using said equipment or pats, replace the same with criminally equal bur noninMnging equipment, or modify it so it becomes noninfeinging. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assigmnera for the bereft or crditun, appoion v receiver or trustee for any of the Sellers property or business, this order may forthwith be canceld by the pu chaser without liability. 16. GOVERNING LAW. The definitions of firms used or the interpretation of the agreement and the rights of all parties hereunder shall be onswed under and governed by the laws of the State ofColmodr, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Reponenalive(s), on the premises o tulats. IT. SELLERS RESPONSIBILITY. The Seller shall carry on said work a1 Sellers oxen risk an the same is fully completed and accepted, rota Shall, case of any accident, destruction or injury 10 the work .&S, materiel., before Sellers rral completion anal measurers , complete the wink at Sellars now e.,. and to the satisfaction of the Purchaser. When materials and equipment are famished by others for occultation m erection by the Seller, the Sella shall receive, unload, store and handle same at the site and become respmesible therefor as though such materials tonsillar equipment were being famished by the Seller under she other. 18. INSURANCE. The Seller shall, ar his own expense, provide for the payment of workers compensation, including occup ilimal disenm benefits, m its employees employed on or in connection with the work covered by this purchase order, m l/or to their dependenas N accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability minding, but not limited to, contractual and automobile public liability inxurantt wirb bodily injury and death limits of at lent/ 5300,Orq for any one person, SSllgllllo for any one accident and p rpedy damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compencation and insurance have been provided. Such catificares shall specify the dam 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 assurance shall be maintained until after the ,.tire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any ad all damage, loss or injury army, kind r nature wha[wever W persons or property, caused by or resulting from the execution oftbe work provided for in this puchae archer m in connection herewith. The Salter will indemnify and hold homeless the Purchaser and any r ell of the Purchases oricars, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, end whether to permits or property to which She Purchaser may be Put or subject by ress m of any act, action, neglect, omission or default on the pal of the Seller, any of his contractors, o any of the Sellers or contractors officers, agents or employees. In exce any suit or other proceedings shall be brought against the Puchmar, 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 of my of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all areas, charges, anrmays fees and other cxpenxs. any and all judgments that may be incurred by or obtained against the Purcbasrr or any of its 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 Purchaser, or said parties in or as a result ofsuch suits or other proceedings, the Shcar will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and reguatiom with regard 0 safety including, bur atrium limitation the Component Safety ad Health Act of 1970 and all rates ad regulations issued pursuant thereto. Revised 03nOW