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HomeMy WebLinkAbout119979 QUALITY TRAFFIC CONTROL INC - PURCHASE ORDER - 9145194PO PURCHASE ORDER 914519er Page City of PURCHASE 9145194 t of 2 ' `t( OI I I„s This number must appear `I `a 1 1 on all invoices, packing sli s and labels. Date: 09/10/2014 Vendor: 119979 QUALITY TRAFFIC CONTROL INC 209 RACQUETTE DR SUITE B FORT COLLINS CO 80524 Ship To: NATURAL AREAS CITY OF FORT COLLINS 1745 Hoffman Mill Road FORT COLLINS CO 80522 Delivery Date: 09/09/2014 Buver: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 94 Days Woodward 1 LOT LS 9,496.10 Invoice #5454 P14 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 $9,496.10 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 I. COMMERCIALDEI'AILS. Tax exemptions. By statute the City of Too Collins ¢ exempt fmm state and Taal taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000582 is mi,idertvl with the Collector of Internal Revenue, Denver, Colorado (Re, Colorado Revised Saudis 1993, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failua to meet specifications, either when shipped or due a defects of damage in Taal may be tetumed to you for credit cod art not m be replaced except upon reeipt of written instructions from the City affair Collins. hvspcetion. GOODS are subject to The City of Pon Collins inspection on cancel. Fowl Acceptance. Receipt of the merchandise, serviecti or ryuipmrnt in npmrse to this order can null in authorized payment oa The pun of the City of I. Collins. However, it is to be understood That FINAL ACCEPTANCE is dependent upon completion of al I applicable required inspection procedures. Freight Terms. Shipments most be P.O.B., City of Fan Collins, 700 Wood St, Fan Collins, CO 80522, unless otherwise specified oa this order. If permission is gisxn to prepay freight end charge separately, The original freight bill most accompany itemise. Additional charges for packing will not be accepted. Shipment Distance. Where ran ublormrs have distributing points in various pins of the comity, shipment is expected from The mmm,t distribution point ur destination, and excess freight will be deduanl from Invoice when shipments are made from greater distance. Permits. Seller shall procme at sellers sole it all necessary pennis, cenifemes and licenses required by all applicable laws, rcgulaions, mJiumm, and rates ofthe state, municipality, lac tory or palilical subdivision where The work is parlinonml, or required by any .,her duly constituted public authority having jurisdiction over the work of credit,, Seller draft, agrees It, hold the City of Too Collins harmless four and agunin all liability and loss urtl by them by reason of an asserted or aablished violaion of any such I.—, ra mithom, on ireme ,, roles and negnamsents. Auden er ion. All Tumors To this comet agree that the representatives are, in fact, bona fide and possess Ran and complete wn,nrity to and mid mania. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to The hems and conditions sand herein sel forth and any supplementary or additional hems and coalitions annexed hereto or incrpom¢d herein by reference. Any additional or different terms and conditions proposed by sale are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if,m c.wol make complete shipmenl to active an your promised delivery Jae of noteslime is of lbe essence. Delivery and performance muss be elTedd within the time stated on me purchase order mud the documents attached Farm. No acts of The Purchasers including, without limitation, acceptance of partial late delartar, , slant opem e. o waiver of this provision. In the event of any delay, The Picchu... shall have, in addition to Omer legal and equitable remedies, the option of placing this order elsewhere and holding the Seiler liable for damages. However, the Seller shall not be liable for damages as a resin of delays due a muses oat reasonably foreseeable which art beyond its reasonable amml wed witlwm its fault dnegligence, such c sofGod, aas ofcisil or military wtfodties, governmental priorities, fire; strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller, lint received knowledge thereof. In be evem of any such delay, the Ante of delivery shall be extended for the period equal a the time actually lost by reason cribs 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 he fit for the purposes intended, and performed with the highest degree of care and competence in acmmance with accepted standard for work of a 'mils, nature. The Seller agrees To hold The pit alder, bannless from any loss, damage or expense which the - Purearm, may sdTa m incur on aac.I of 1be Sellers breach of w.ty. Thc Sella shall replace, repair o1 rake good, wimom test 1. the purchaser, any defias or fouls Orion, vermin one (1) year, or within such longer pence of time as may be prescribed by law an by The rams of any applicable womanly provided by the Seller after the date of acceptance of the goad burnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect Or defective work done or materials doubtful by the Seller. Acceptance or use of goods by the Puchoser shall not institute a wearer of my claim under This warranty. Except as otherwiss provided in This pureha e, omn, Ne Sellers liability hereunder shall extend to at I damages proximately caused by The breach of any of The foregoing wzrrdnta Or guarantees, but such liability shall in no event include loss of profits or loss of tux. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SI ]ALL APPLY. 4. CHANGES IN LEGAL TERMS. The Paribas,, may make changes to legal mans by written chunge order. 5. Cl IANGES IN COMMERCIAL. TERMS. The Purchaser may make any changes 10 The tens, Other than legal tenors, including additions to or deletions fmm the quantities originally ordered in The s saffiwliom or drandigo, by school or cote en change oNa. If any such change affects The amount due or the Time of performance himu dr , w equitable a icareal shall be Of. 6. TE RMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of The good than not shipped, subject to any equitable adjustment between The parties as to any work or materials then in pro,. provided that me Purchaser shall not be liable far any claims fir wticipated "offs on the ancompleta portion of The good andlor work, for incidental or emsequemial damage, and that no such adjustment be made in favor of the Seller with rasped to airy goods which are The Sellers sTwJaN stack. No such rarmination sholl relieve the Purchase, O1 the Seller ofamy of 11,e1, abligancl s as to any goods delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assured within thirty (30) days fmm the dam The change m tc.ination as ordered. I. COMPLIANCE WITH LAW. The Seller warrants dot all goals sold hertonda shall love ben produced, sold, delivered and minister in strict compliance with all applicable laws and regulations in which the goods arc subject The Seller shall aecute ad deliver such documents as may be required to effect or evidence compliance. All laws and regulations required To be incorporated in gatemets of this chameter am hereby ina,molled harries by this reference. The Seller agrees m indemnify and hold the Purchaser harmless Wm all cuss and damages suBeM by the Purchaser as a retail of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall resign, facts, or convey this order, or any monies due Or to become due hareuraer without the ,On, wtinen consent of the .,he, any. 10. IFTLE. The Seller .,a full, clam and unntrimed lisle as The Purchaer for all equipment materials, and item fum i a in performance of this agreement. free and clear of any and all liens, rstrielime, nervations, security interest encumbramer, and claims Of ethers. I I. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the trans and conditions herself, failure or delay to exercise any rights or remedies provided her or by law, failure m promptly minify the Seller in be event of a breach the acceptance of ar pancent for gusts hereunder ar approval of The design, shall not release the Selltt of any of the warranties or obligations of this purchase Omer and stall not be deal a waiver of any Tight of The purchaser to insist upon strict performance hereof or any of its rights or females as To any such goods, regardless m when shipped, removed or accepna, as to my prior or subsequent default herewdeu nor shall my pumoned and modification or rescission of this purchase Omer by the Purchaser operate as a waive, of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaer arrogniu thol in actual economic etrainpractice, Overcharges resulting antitrust vialations arc in far, hoTh From, by The Purchaser. erefo tore for good cause and as consideration for executing this purchase oiler, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under extend or state antitrust laws for such overcharges relating to The particular goads or services purchased or acquired by me Purchase pursuant 10 This purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to cancer nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Sella, and the Seller thereafter indicates is inability or am, illiagneas to comply. the Purchaser may ease the work to be performed by the most expeditious means available to it, and The Seller shall pay all em. associated with such work. The Seller shall ,elan, the Purchaser and its antmdms of any Tier from all liability and claims of any .tare resulting from the performance of such work. This release shall apply even is the evem of fault of negligence of the party releases and shall extend To the directors, oRcers and employees of such party. The Seller's a wheWal ON alita , including warro lty, shall not be deenmd to be Tul 1, in any way, because such work is perl'oweJ or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is nuptial to use any design, device, material of process coveted by letter, patent, trademark Or copyright, the Seller chat indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in recreation with the contract, and shall indemnify the Frachvnr fir any cool, eapmar or damage which it may be obliged to Tay by reawn of such infringement at any data during The mutation or after the completion of the work. In case said equipment, or any pan thereof or the intender use of the gonad, is in such suit held to constitute infringement and The uw of said ttlnipmem or part is enjoined, the Seller shall, at Is own expense and To its option, either plot... for the liwfner The right to continue using said equipment or parts, replace the same with substantially equal but wnlnf re,ing equipment, or modify it so it becomes noninGrnging. 15. INSOLVENCY. If the Seller shall become insolvent m bwkmp, make w vmhgmnem for the benefit of Creditors, appoint if or trustee for any of the Sellers property or business, this order may forthwith be mnceled by the c Pu receiver or without liability. 16. GOVERNING LAW. The definitions of arms used or The imerpnmlon of the agreement and The rights of all parties hereunder shall be consumed under and governed by The laws of the Sate of Colorado, USA. The following Additional Conditions apply only in cases where The Seller is to perform work Remainder. mduding the sm'ices ofSellm Rcprtxnative(s), on Ne prtmises of amers. 17. SELLERS RESPONSIBILITY. 1'he Seller shall carry on slid work at Seller's own risk until the same is fully completed and accepted, and shall, a. axe of any accideo, destruction o, injury to The work and/or materials before Seller's final completion and seaplane, complete me work or Seller's own expense end To the satisfaction of The Purchaser. When mmerials and affirmed am f ished by others for installation or crtmiw by The Sella, the Seller shall naeivq mdoad, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under The order. IS. INSURANCE. The Seller shall, at his own expense, provide for The payment of workers compensation, including ocwpariowl disease benefits, to is employes employed on or in connection with the work covered by This purchase order, andlor he their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contmcwal and automobile public liability insurance win, Foully injury and death limits of at least S300.010 for any one person, 5500,000 fir any one accident and property damage limit per accident of 5100,11p0. The Seller shall likewise aspire his command, Harry, to provide for such compensation and insurance. Before any oftho Sellers or his contractors employers shall do any work upon the pre a of othrs e, The Seller shall famish the Purchaser with a cerrific tc That such cumpensntion add insurance have been provided. Such ccnificmes shall specify the data when such omparrultion and insurance have been provided. Such cenilicta shall specify The dam when such compensation and insurance expires. The Seller agrees that such compensation and insutwce shall be rnainaiaed until net The druir, work is complete and acceptd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Se11er hereby assumes The entire responsibility and Iiabiliry for any and all damage, loss or injury of any kind or naTure whaumvef to perwns or property caused by O....In, from due nttvtion of the work provided far in this purchase order or in wnnecoon herewith. The Seller will indemnify and hold harmless The Pinchaxr and my cr all of the Purchasers officers, agents and a nithwas fmm and against any and all claims, losses, damages, harges or expenses, whether direct or indirect, and whether to persons or property to which The Purchaser may he put or subject by reawn of any act, action, rallied, omission or deault on the pan of the Seller, any of his antrodors, or any of The Sellers or contractors OtBced, agents or employees. In case any suit or other proceedings shall be brought against The, Purehua, or its officers, agents of employees at my time on account or by reamn of my act action, neglect, omission or default of the Seller of any of his contractors or my of its or their officers, agents or employers as aftmo id, The Seller hereby agrees to assume the defense thereof and to defend The same at the Sellers own expense, to pay any and all costs, charges, aaomeys fees and other expenses, Tiny add all judgmens That may he incurred by or obtained against the Purchaser or Tiny of is or their officers, agents or employees in such suits in other proceedings, and in case judgment or other lien be placed upon or obtained against The property of the Purchaser, or said panics in or as a result of such suits or other ploceaiags, the Seller will al once cause the same to be diswlved and discharge by giving bond or otherwise. The Seller add Its contractors shall Take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without Iimimmon, be Occupational Safety and Health Ad of 1920 and all rates add regulations issued pprsumt theno. Revised 07n014