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HomeMy WebLinkAbout481431 ROADSAFE TRAFFIC SYSTEMS INC - PURCHASE ORDER - 3215307Fort Collins Date: 0111312015 PURCHASE ORDER Vendor: 481431 ROADSAFE TRAFFIC SYSTEMS INC 3537 DELGANY ST DENVER CO 80216-3617 PO Number Page 3215307 1012 This number must appear on all invoices, packing slips and labels. Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS CO 80524 Delivery Date: 01/13/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Sign Supplies 1 LOT LS 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. 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 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 e Order Tenns and Conditions Page 2 Of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the Ciry of Fan Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict perfrmence of the terms and conditions herwL failure or delay to Internal Revenue, Denver, Colorado (Ref, Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval Army design, shall not release the Seller of Goods, Rejected. GOODS RFJECTED due to failure 1. meet specifications, either when shipped or due m damura of any of the vounnrms or obligations of this purchase order and shal I not be deemed a waiver of any fight of the damage m transit may be, «rumM m you for credit and are m1 m be replied -a,, Won receipt of wormy puresaser an inaiss upon strict performance hereof or any of its rights or remedies n many such goods, regardlm inswctions from the City of For: Collins. of when shipped, received or xapm4 as to any prior or subsequent duselt hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fan Call ins inspection on arrival motor. Final Acceptance. Receipt of the merchandise, services or equipment is response m this .,or, can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fan Collins. However, it is to be understood that FINAL Seller and the Purchaser recognise that in actual economic practice, overcharges resulting from antitrust rgood ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser. Therromforefor case and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter Freight Terms. Shipments mug be ED B.. City of Fan Collins, 700 Wood St, Fan Collins, CO 90522, unless acquired coder federal or scare contrast laws for such overcharges relating by are particular good or services otherwise specified oa this orderif percussion is given to pr,, freight and charge separately, the original freight purchased or acquired by the Purchaser pursuer to Bus purchase order. bill most zccompmy invoice. Additional charges for Packing will ter be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufururers have dinnbcong points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by are expected from the newest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipments are made from greater distance, may cause the work to be performed by the most expeditious means available to it and the Seller shall pay all cos¢ asmciamd with such work. Per procure a airy Perri q mits. Seller shall t sellers sole cast all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and toles of the suite, municipality, gnimry or political subdivision where The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature the work is performed, or required by any other duly convo ned public authority having junsdiaion over the work resulting from the performance of such work. of vendor. Seller fuller agrees to hold the City of Fan Collins harmless from and against all liability and loss incurred by them by a.. of an asserted or established violation of any such laws, regulations, mdinanca, ales This release shag apply even in the event of fault of ro figmce of the parry released and shall extend to the and requ nco mis. directors, officer, and employees of such parry. Authorization. All parries m this contract agree that the representatives are, in fact, bona fide and pasgess full and complex authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the toms and conditions stated herein set boll and my supplementary or additional toms and conditions annexed hereto or incorporated herein by reference. Any additional or differanuems and conditiors proposed by seller are objected to and hereby rejated. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment in arrive an your promised delivery date erg noted. Time is of the assence. Delivery and performance must be effected within the time stated on the purchase order and the documents marched hereto. No acts of the Purchasers including, w dmuu limitation, acceptance of pmial late deliveries, shall operate as a waiver of this provision. In the event army delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages is a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such arcs of God as of civil or military authorities, government priorities, fires, unk, flood, epidemics, wars ter hots presided that notice of the cmdidons causing such delay is given as the Purchaser within five (5) days of the time what the Seller first received knowledge therm(. In the event of my such delay, the date of delivery shall be, extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples andror other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard far work of a gr ular rands. The Seller agree, to hold rho purchaser harmless from my loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breech of werni The Seller shsh replace, repair or make goad, without cost to the purchaser, my defects or faults arising within one (1) year or within such longer period of time as may be pracdbed by laver by the terms of my applicable vvurmty, provided by the Seller after the date of accapuace of the goods furnished hereunder (acceptance not to be unreasonably delayed), mauling from imperfect or defective work done or materials fumished by the Seller. Acceptance or use of goods 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 extend to all damages proximately caused by the breach of my of the foregoing warranties or guarantees, but such liability shall is no event include loss of Fears or loss of age. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal mmmg by wine. change order 5. CHANGES IN COMMERCIAL TERMS. The Puchaser may make any changes m the terms, other that legal terms, including additions to or deletions from the quantities originally ordered in the specifications or dmwi miss, by verbal or wnnen change order. If my such change affects the amount due or the time of podonnmce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at my lime by women change oMe, rerminme this agremment as m my or all portions Of the good then not shipped subject to my equitable Wlusvnmt hetwem the penis as many work or materials than in progress provided Aar the Purchase shall not be liable for my claims for anticipated profits on the uncompleted pppon of the good andror woM1 for incidental or consequential damages, and that no such adjudicator he made in favor of the Seller with mi ad my god which me the Sellers standard stock. No such aermination shall relieve the Purchaser or the Sal let of my of their obligations as to any good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the done me change or agromaumr is ordered 8. COMPLIANCE WITH LAW. The Seller wanaa¢ that all goods sold heremder shall have tan produced, sold, delivered and fumished in strict compliance with all applicable laws and regulations as which the goods are subject. The Seiler shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in aggregations of this character are hereby incorporated herein by this reference. The Seller agrees do indemnify and hold the Purchaser harmless Form all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGFl. b r. Neither pry shall assign, nmsfer, or convey this order, or any monies due or to become due remainder without the i nor women wnxnt of the other parry. 10. TITLE, The Seller wmmts full, clear and marginated title to the Purchaser for Al equipment, materials, and items famished in performance of this agreement free and clear of my and ill liens, restrictions, reservations, security interest encumbrances and clams of others. The Sellers contractual obligations, including wmanry, shall not be deemed m be reduced, in my way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whomever the Seller is required to use my design, device, maxnal or process covered by later, patent. trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by ream. of the use of such retorted design, device, material or process is commands with the contract, and shall indemnify the Patched r for my cot, expense or damage Which it may m obliged red pay by reason of such infringement at my time during the prosecution or after the complaint of the work. In case said equipment or any pm thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pm is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the fight m continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment or modify it an it becomes, noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bmknpt make an assignment for the benefit of creditors, appoint a receiver or trusts for my of the Sellers property or buaness, this order may foMwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used ar the interyretation of the agreement and the rights of all parties hereunder shall be consorted under and governed by the laws of the Suite of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is an perform work mreundeq including the xrvicas of Sellers Reprexntarlve(s), cn den premisas crothers. 17. SELLERS RESPONSIBILITY, The Seller shall carry, on said work at Sallee, own risk until the same is fidly completed and accepter. and shall, in arse of my accident destruction or injury, to the work and/or mammals before Sellers final completion and cceptmce, ..plate the work A Sellers own expense and to the satisfaction of the Purchaser. Whan materials and equipment are fumished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and became responsible therefor as though such materials and/or equipment were bang furnished by the Seller order the order. 18, INSURANCE.. The Seller shall, at his own expense. provide for the payment of workers compenat ion, including occupational disease bmcfie. to its employs employed on or in connacton with the work covered by this purchase order, deeper to chair depmdmts in samea ante with the laws of the sure in which the work is to be done. The Seller shall also can, comprehensive general liability including, but not limited or co dactual and automobile public liability insurance w.th bodily injury and death limits of A least S300,000 far my one person, $500,000 far my e accident and property damage limit per accident of 5400,000. 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 my work upon the premises of others, the Seller shall famish the Purchaser with a explicate that such compensation and insurance have been provided. Such certificates shall specify the date when such .mpenerion and insurance have been provided. Such certificates shill specify the date whom such competsation and insurance expires. The Seller agras that such compaction and insurance shall he computed caul after the more work is wmpleud and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for my and all damage, loss or injury of my kind of nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmleas the Purchaser and my or all of the Purchasers officers, agents and employees from and against my and Al came loads, damages. charges or expenses, whether direct or indirect and whether to persons or Property or which the Purchaser may be pat or subject by reason of my act action, neglect, andsson or defied, on the pm of the Seller, my of his contractors, or my of the Sellers or .nvacars officers, agens or employes. In caps, my suit w other proceedings shall be brought agamt the Purchaset or is Affairs, agents or employee at my time m account or by reason of my act, action, neglect omission or default of the Seller of my of his contractors or my of is or their officers, agents or employees ns eforaad, the Seller hereby agreas to assume the defense thereof and to defend the same at the Sellers own expense, to pay my and all toss, charges, anomeys fees and other expenses, my and all judgments that may be incurred by or obtained against the Purchaser or my 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 Af the harasser, or said pages in or as a result of such suits or other proceedings, Al Seller will at once cause the same an be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shaft fake all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations wits regard to safety including but without Insuring, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereat. Revised 0712014