HomeMy WebLinkAbout119979 QUALITY TRAFFIC CONTROL INC - PURCHASE ORDER - 3214325 (2)PO
PURCHASE ORDER 321432er Page
C1171 of PURCHASE
14325 t of z
`t Collins( hisnumber must appear
` V �7 on all invoices, packing
sli s and labels.
Date: 08/07/2014
Vendor: 119979
QUALITY TRAFFIC CONTROL INC
209 RACQUETTE DR SUITE B
FORT COLLINS CO 80524
Ship To: STREETS DEPARTMENT
CITY OF FORT COLLINS
625 NINTH STREET
FORT COLLINS CO 80524
Delivery Date: 01/15/2014 Buyer: JOHN STEPHEN
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 Description Quantity UOM Unit Price Extended
Ordered Price
2 Addendum to PO
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@fogov.00m
1 LOT LS
20,000.00
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. By Stamm the City of Fort Collins is exempt from state and local taxers. Our Exemption Number is
98-01502. Federal Excise Tax Exemption Cari6cate of Reg wry 84-6000587 is regist nal with the CoIlem, of
Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26.1 I4 Fd,
Good Rejected, GOODS REIECTED due to failure to meet specifications, either when shipped or due to defects of
&range in transit, may be rammed to you for credit and are ram to be replaced except upon receipt of written
insW<ticns from the City effort Collins.
Inspection GOODS are subject o the City of Pon Collins inspection on arrival.
final Arreptence. Receipt of the merchandise, se or equipment in response to this order canrault in
authorizal payment on the pan of the City of For Collins. However, it is to be understood thatFINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight Terms. Shipments must be F.O.B., City of Fiat Collins, 700 Wood Su, Fort Collins, CO 80522, unless
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
trill rout awommnv m atice Additioml clams for oackine will not be, eoented.
Shipment Distance. Where manufacturers have distributing points in confirs parts of the country, shipment is
expected from the nearest distribution point to destination, and exerts freight will be deduced form Fromm, when
shipments arc it, from greater distance.
Pcmdls. Seller shall procure at sellers sole cast all necessary Permits, verifcates sad hcemes required by all
1"Plicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision where
the work is performed, or required by any other duly conaitated public authority havingjurisdiction over the work
of vendor. Seller fuller agrees to hold the City of fort Collins harmless from and against ell liability and loss
incurred by them by reason of an resened or established violation of any such leas, regulations, ordinances, roles
and requirements.
Authorization All parties to this coast agree that the representatives are, in fact, From fide all possess full all
complete authority to hied said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tams and conditions stated
herein sa both and any supplemrnmry or addaiowil reams and wMine. annexed hereto or incorporated herein by
infamous. Any additional or different rams and conditions proposed by seller arc objected to end hereby jamd,
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immitigably if you cannot make complete shipment to arrive on your
promised delivery date m ..led, Time is of the essence. Delivery end pefomanca must be eifand within the time
stated on the purchase order and the documents attached herein. No acts of the Purchasers including, without
li miueion, eceptance of partial Irate deliveries, shill operate as a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and holding the Sella liable for damages. However. the Seller shall not be liable fur damages as a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of God, acts ofeivil or military authorities, govemmenml priorities. fires, strikes, Bond, epidemics, wars or
riot provided that notice of the wnditiam caning such delay ¢ Room to the Purchncr within Gee (5) days of the
time when the Sella first received knowledge dsmoul In the scut of any such delay, the dare of delivery shall be
extended for the period yml0 the time actually last by reason i fdse delay.
3. WARRANTY.
The Sella warrants that all goodl articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples andtor other descriptions given, will be fit for the purposes intended and
Performed with the highest degree of care and competence in accordance with accepted standards for work of a
'miler nature. The Seller agrees to hold the purchaser harmless Imo any loss, dantage or expense which the
Purchaser may sufferer incur on acount of fl c Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost ro the purchase, any deices onfala arising within one (1) year or within such longer period of
time as may be prescribed by law or by the terms of any applicable warranty provided by the Sella after the date of
acceptance of the goad famished hereunder Wcaptarm not he be unreasonably delayed), resulting from imperfect
or defective work done or materials burnished by the Seller. Acceptance or use of good by the Purchaser shall not
constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extent to all damages proximally caused by the breach of any of the foregoing oamaatles
or guarantees, but such liability shall in an event include loss of pmfits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by am— change order.
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from
the quantities originally ordered in the speei readers or drawings, by verbal or written change order. If any such
change affects the amount due or the time if,afmtance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Parchment may at any time by written change orda, terminate this agreement a u any or all mrtiom of the
goods then not shipped, subject to any equitable adjustment between the panic, as to any work or maerials then in
progress provided Jam the Pumbscom shall not be liable far any claims for anticipated profs on me uncompleted
portion orthe goods ardor work, for incideaal or consequential damages, and that no such adjustment be made in
favor of the Sella with mr al W any goals which am the Sellers standard stock. No such t amin.Mua shall relieve
the Purchaser or tine Seller of any oftheir obligaions ss to my goods delivered hereander.
]. CLAIMS FOR ADMSTMENT.
Any claim for adjustment most Its assured within thirty (30) days from the date the change or reamimtion is
ordered.
8. COMPLIANCE WITH LAW,
The Seller warrants Oat all goods sold hereunder shall have been produced, sold delivered and furnished in stria
compliance with all applicable laws and regulations to which the goods arc subject. 'I he Seller shall execute and
deliver such documents as may 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 Purebaer hamtless from all toss and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign tmnfer, or came, this osch , or any roam. due err m becom, due herewder ocular d the
Prim women cement ofthe other party.
10, TITLE.
The Sella warans full, clear and unrestricted title to the Purchaser for all equipment, materials, and items fivaished
in performance of this agreement free and clear of any all all lien, restrictions, ra ncestions, security interest
encumbrances and claims of others.
I L NONWAIVER.
Failure of the Purchaser to insist upon strict paurmane, of the terms and condition hmcf, failure or delay m
exercise any rights or remedies provided herein or by law, failure m promptly notify the Seller in the event of a
breach, the accepmer, Of., pmyroomfor good hereunder or approval aids, design, shall am release the Seller of
any of the warranties or obligations of this pashas order and shall trot be dammed a waiver of any right of the
purchaser to insist upon strict performance hereof or any of is rights or remedies a to any such goods, regardless
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 the Purchaser operate as a waiver of any of the mots
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Sella and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust
violations are in fact home by the Purchaser. Themoure, for good came and as co aidestion for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
acquired under federal or state antitrust laws for such overcharges relating to We particular goods or services
purchased a acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Iffl c Purchaser directs the Sella to correct nonconf ing or defective goods by a date to be agreed upon by the
Purchaser and the Sella, and the Seller fereefter indicales its mobility or wwillingness to comply, the Purchaser
may cause the work to be Performed by the most expeditious means available to it, and the Sella shall pay all
ants ass«ime i with such week.
The Seller shall release the Purchaser and its contractors of any tier from all liabil lly and claims of any nature
resulting from the performance of such work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, officers all employees ofsuch party.
The Seller's commctud obligations, including warranty, shill not be deemed m be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Sella is required w use any design, &vice mmalal or process wvered by lama, patcat, trademark
Or copyright, the Seller shall indemnify all sae m rkss the Purchaser Gom any all all claims for infdngeme n
by reason of the use of such patented design, device, material or process in connection with the contact, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reown of such
infringement in any time during the prosecution or after the completion of the work. In case said equipment, or
any pan thereof or the intended use of the goods, is in such suit held m 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 parts, replace the same with subs0mtielly equal but
noninfringing equipment, or modify it sec it becomes noninfringing.
IS. INSOLVENCY.
If the Seller shall become insolvent or baNuupt, make an assignment for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers property or business, this order may forthwith M canceled by the
Frankhauser without liability.
16. GOVERNING LAW.
The dcffinow of terms most or the, interpretation ofthne agreement and the rights of all Parties hereunder shall be
ensnued under all governed by the laws ofthe State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is in perform work hereunder,
including the services of Sellers Represenanve(s), on the premises ofmans.
IT SELLERS RESPONSIBILITY.
The Sella shall carry on said work at Sellers own risk until the same is fully completed and accepted, all shall,
in arse of any accident, destruction or injury to the work amila materials before Sellds final completion and
eceptance, complete the work at Sellers own expense and to the satisfaction of the Purchatt. When materials
and equipment are burnished by others far installation or erection by the Sell,, the Seller shall receive, unload
store all handle some at the site and become mspoaiblc therefor as though such rmrmals andNor equipment
were being fumished by the Sella under dsc order.
I& INSURANCE.
The Sella shall, a his own expemq provide for the payment of workers compensation, including com,asiowl
disease bemefs, to is employees employed on or in connection with the work covered by this purcluuc order,
=War to their dependents in accordance with the lawn of the sate in which the work is to be done. The Seller
shall olw cart, comprehensive genes] liability including, but not limited m, contractual and automobile public
loam lity insurance with bodily injury and death limits of al least 5300,000 for any one person, $500,Mq for any
accident and property damage limit per accident of 5400,000. The Seller shall likewise require his
enactors, if any, to provide for such warperoation 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 compensation and Insurance have been provided. Such cerrificares shall specify the doe when such
ompersalion and insurance have ban provided. Such ecti tale shall specify the date when such compensation
and insurance airiness. The Seller agrees that such compensaaion—it mwrence shall be mainained until alter rue
entire work is completed and accepted
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby sssumen the arm responsibility all liability for any all all damage, loss Or injury crony kind
or ature whisaver to person or property caned by or resulting tram the execution ofthe work provided for in
Nis purchase order or in connection herewith. The Seller will indemnify all hold harmless dse Purchaser all any
r all of the Purchasers officers, agents and employees from and .,error any and all claims. Imsm, damage,
charges or expenses, whether direct or indirect, and whether to persons or property to which the Pmchasa may
be put or subject by reason of any on, anion, region, omission or default on the pan of the Seller, any of his
contractors, or any of the Sellers at contractors officers, agents or employees. In case any suit or other
proceedings shall be brought against rue 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 of any of his contractors or any of its or
their officers, agents or employees as aforesaid the Set let hereby agrees a assume the defense thereof and to
defend the same at the Sellers awn expense, to pay any and all costs, charges, attorneys fees and other experses,
any and all judgmen. Oar may be incurred by or obtained against the Producer or any arms in their officers,
agents or employees in such suits or other proceedings, and in case judgment or other him be placed upon or
obtaimd against the property of the Purchases, or said parties in or as a result of such suits at other proceedings,
the Seller will in arm cause the same to be diswlved all discharged by giving band m otherwise. The Sella and
his contractors shall take all safety precautiom, famish and itsall all mand necessary for the prevention of
accidents, comply with all laws and regulations with regard m safety including, but without limiation, the
Ocapatioml Safety all Health Act of 1970 and all roles and replan. lsstted pursuant thereto.
Revised 07=4