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HomeMy WebLinkAbout119979 QUALITY TRAFFIC CONTROL INC - PURCHASE ORDER - 3215155PURCHASE ORDER NumberPO Page City Of^ 321515215155 1012 This number must appea7r Collins on all invoices, packing �slips and labels. Date: 01/12/2015 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: 01/12/2015 Buver: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price i 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:purchasingQfcgov.com 1 LOT LS 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. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from since and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cenificam of Registry 8J-600BH7 is registered with the Collector of Failure of the Purchaser to trial% upon wrier performance of the temes and conditions hefmf, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Slower 1971, Chapter 39-26, Ili (a). exercise any rights or remedies provided herein or by law, falwe to pmmpdy notify Me Seller in the event of a breach, Me acceptance of at payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of Me romantics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit may be retained to you for credit and are tut in be replaced except upon receipt of women Purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless instructions from Me City of Fan Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shill any puryoned oM modifica er or rescission of this purchase order by the Purchaser operate as a waver of my of the terms Inspection. GOODS are subject o the City of Fan Collins inspection on wnval. hereof Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can n esult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Too Collins. However, it is ro be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures violations we in fact home by the Purchaser. Theretofore for good canes, and a consideration for executing this purchase order, the Seller hereby assigns to the Parchasef my and all clams it may now have or hereabout Freight Terms. Shipments move be TO B., City of Fon Collins, 10D Wood St, Fan Collins, CO 90522, unless acquired under federal or state mnment laves for such overcharges relating to de particular Sands or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have Monitoring Poinn in ownw, pans of the town, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest di%ribution Point to deduction. and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its regality or unwillingness or comply, the Purchaser shipments are made from greater distance may cause de work to be performed by the move expeditious meats available to it and the Seller shall pay all costs associated with such work. Permit. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of Me state, municipality, territory or Wli tical subdivision where The Seller shall release the Purchaser, and it contractors of my tier from all liabiliy and clams of any name Me work is performed, or required by my other duly constituted public authmiy having jurisdiction over the work resulting man ng from the perforce of such work. r of vendor. Seller father agrees to hold the City of Fort Collins harmless from and against all liabiliy and loss incurred by them by reachassents or of an assenor established violation of my such laws, regulnimu, ordinances, rules This release shall apply even in Me event of fault of negligim<e of Me hairy released and shall extend to the and requirement directors, officers and employees of such parry. Anthorication. All parries to this contract agree Mat the representatives are, in fact, bona fide and possess full and complete impurity to bind said argues. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to Me term and conditions aimed herein set fined and my supplementary or additional mums and conditions annexed loweo at inearpomted herein by reference. Any additional or different terms and condhtions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately If you cannot make complete shipment to nave on your promised delivery date In noted. Time is of the essence. Delivery and performance most be effected within the time stared on Me purchase order and Me documrss areached hereto. No cons of Me Porchowas including, without liaison, acceptance of partial laze deliveries, shall operate is a waiver of this provision. In Me event of my delay, Me Purchaser shall have, in addition to ether Iegal and equitable remedies, Me option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages are a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence. such act of God, acts of civil or military, authorities, govemmenral priorities, fires. strikes, flood epidemics, wars or notes provided thin notice of Me conditions taming such delay is given to the Purchaser within five (5) days of Me rime whom Me Seller fiat received knowfedge thereof In Me event of my such delay, Me date of delivery shall be extended for Me period equal to Me dine actually Ion by reason of Me delay. 3. WARRANTY. The Seller warrant that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples toolbar other descriptions given, will be N for Me purpose intended, and performed wits the highest degrce of care and competence in accordmce with accepred %andad for work of a similar nature. The Seller agree to hold Me purchaser hamles from my loss, damage or expense which Me Purchaser may suffer or incur on account of the Sellers breach of wormy. The Seller shall replace, moor or make good, without cost to the purchaser, my defects or faults wising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of my applicable warra y provided by Me Seller after Me data of acceptance of Me goods furnished hereunder assurance not to be unreasonably delayed), resulting from impeffect or defective work done or materials furnished by Me Seller. Acceptance or use of goods by Me Purchaser shall not constitute a waver of my clam under Mis wormy. Except m otherwise provided m Mrs puaha order, the Sellers liability hereunder Mall extend to al damages proximately caused by the breach of any of the foregoing wagmties or guarantees, but such liability shall in no event include loss edprofits or loss of use. NO IMPLIED WARRAM1TV OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. i. CHANGES IN LEGAL TERMS. The Purchaser may make charges to legal teems by women <hmge order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the terms, other Man legal terms, including additions to or deletions from Me quantities originally ordered in Me Vocifewions or drawings, by vehal or women change order. If soy such change agents Me amount due or Me time of performacs hereunder, an equitable adjustment she be made. 6. TERMINATIONS. The Purchaser may at any time by wnnen change order, terminate this agreement as to any or all portions of the goods Men not shipped, subject to my equitable adjustment between the parties or to my work or materials Men in progress provided that Me Purchaser shall not be liable for my clams for anticipated profrs on the uncompleted Parton of Me goods amfor work, for incidental or consequential damages, and that no such adjustment be made in favor of Me Seller with respect No my goods which are Me Sellers aandad stock. No such ,Tan.— shall relieve Me Purchaser or Me Seller of my of their obligations Is to my goad delivered hereunder. J. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within Min, (30) days from the date Me change or lennmeman Is ordered S. COMPLIANCE WITH LAW. The Seller warrants chat all Soots cold hereunder shall have been produced, sold, delivered and famished in stria compliance rich al applicable laws and regulations to which Me good are subject. The Seller shall execute and deliver such docummts as may be required to effect or evidence compliance. All laws and regulations required to be ncorporated in agreements of this character are hereby incorporated herein by his reference. The Seller agrees m indemnify and hold Me Purchaser harmless from all wan and damages suffered by Me Purchaser as a result of Me Sellers fnllum m comply with such law. 9. ASSIGNMENT. Neither parry, shall assign, transfer, or convey this order, or my monies due or to became due hereunder without Me Prior wrinen consent of the order parry. 10. TITLE. The Seller warrant full, clear and comesturichol tide to one Purchaser for all equipment materials, and lams famished in performance of Mis agreement free and clear of my and all liens, restrictions, reservations, security interest encumbrances and clams of others. The Seller's contractual obligations Including warranty, shall not be deemed to be reduced in my way, because such work is performed or used M be pe tanned by the Purchaser. Iq. PATENTS. Wghrewxr Me Seller is required to use my design, device, orm rial or process covered by lever, part trademark or copyright Me Seller shall indemnify and save harmless Me Purchaser Tom my and all claims for infringement by reason of the use of such patented design, device, malrnal or process in connection wits the contract and shall indemnify the Purchaser for my cog, expense or damage which it may be obliged to pay by reason of such infringement at my time during Me prosecution or after Me completion of the work. In core said equipment, or my pat therm( or the merged use of Me goods, is in such suit held to constitute infringement and Me use of sad equipment or pan is enjoined Me Seller shall, at its own expense and at its When, eithr procure for Me Purchaser Me right to continue using said equipment at ham, replace Me sane each substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15.1NSOLVENCY. If Me Seller shall Income insolvent or bmkrupt make an assignment for Me benefit of creditors, appoint a conniver or trustee for my of Me Sellers propeM or business, this order may forthwith be canceled by Me Purchaser without liability. 16. GOVERNING LAW. The definitions of teats used or Me interpretation of Me agreement and Me rights of all ponies hereunder shall be onstrued under and governed by Me laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where to Seller is to Perfarm work hereunder. including Me services of Sellers Representative(s), on Me premises of others. 17. SELLERS RESPONSIBILITV. The Seller Mill carry on can work at Seller's awn risk until the same is fully completed and accepted, and shall. In use of any accident, destruction or injury to Me work andlor towards before Seller's final completion and c eptmce, complete Me work in Sellers own expense arW to Me satisfaction of Me Purchaser. Whim materials and equipment are famished by others for installation or eection by Me Seller, Me Seller anal receive, unload, were and handle same at Me sire and become responsible therefor as though such materials and/or equipment were being famished by the Seller order Me order. 19 INSURANCE. The Seller shalt ar his own expense, provide for Me payment of workers compensation, including occupational disease benef ei to its employees employed on or in onnation such Me work covered by this purchase order, and/or to their dependents in accordmce with Me laws of Me stare in which Me work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, coeradual and auremobile public liability insurance with bodily Injury and dearth Iimice of at least S300,000 for any one person, s500.000 for any one accident and property damage limit per accident of S40%000. The Seller shall likewise require his corrosion, if any, w provide for such comprnsaon and insvoncer Before my of Me Sellers or his contractors employees shall do my walk upon Me premitts oforhers, Me Seller shall furnish Me Purchaser with a certif ante that such compensation and Insurance have been provided. Such c mficater shall specify the date when such compensation and insurance have been provided. Such certif cater shall specify the date when such compensation andingivance expires. The Seller agrces that such compensation and wvwmce shall be maintained will rifler Me enure work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby asmmn Me more responsibility and liability, for my and all damage, loss or injury of my kind r nature whatsoever to persons or property caused by or resulting from the execution of Me work provided for in his purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my or all of the Purchasers officers, agents and employeas fmm and against my and all dams, lasses damages, charges or expenses, whether duce, or indirect and whether to pessms or propeM to which the Purchaser may In, put or subject by reason of my act anion, neglect omission or defult on Me pan of Me Seller, my of his contractors, or my of Me Sellers or contactors officers, agents or employees. In case my suit or ocher proceedings shall be brought against the Purchaser, or its officers, agent or employees a my time an account or by reason of my 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 aforesad, the Seller hereby agrees to assume Me defense thereof and to defend Me same at Me Sellers own expense, to pay my and all cost, charges, anameys fen and other expenses, any and all judgmi nn that may be incurred by or obrzined against Me Purchaser or my of its or their officers. agent or employe in such suits or other proceedings, and in cue judgment or ocher Jim be plaed upon or obtained against Me proper, cribs Purchaser, or said parties in or as a reult of such suits or other pmciadings, the Seller will an once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, fourth and install all guards necessary, for Me prevention of accident, comply with all laws and regulations wits regard to safety includin& but without limitation, Me Occupaang Safety and Health Act of 1970 and all Mess and regulations issued pursumt thereto. Revised 01I2014