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HomeMy WebLinkAbout372543 ROCKY MOUNTAIN PAVEMENT - PURCHASE ORDER - 9111256City of �,.F.�or_t Collins Date: 03/01/2011 Vendor: 372543 ROCKY MOUNTAIN PAVEMENT 2001 W 64TH LN DENVER Colorado 80221 PURCHASE ORDER PO Number Page 9111256 1of2 This number must appear on all invoices, packing slips and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS Colorado 80521 Delivery Date: 03/01/2011 Buyer: JAMES HUME N ote: Line Description Quantity UOM Unit Price Extended Ordered Price Re -Coat the parking lot at 1 LOT LS EPIC with Liquid Road per Rocky Mountain Pavement's proposal #6540. Re -Stripe the parking lot after the new coating is applied. 28,112.25 112.25 Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By stamen the City of Tom Collins is exempt Form state and local taxes. Our Exemption Number is 99-04502. Federal Emcise Tax Exemption Celli Ocute Of Registry 94-6000597 is repimcmd with the Collector of Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS RFJECTED duc to failure to meet specifications, either when shipped or due to defects of damage in transit may be returned to you for credit and arc not to be replaced except upon receipt of written instructions fmm the City of Fort Collins. Inspection. GOODS arc subject to the City effort Collins inspection on arrival. 11. NONWAIVER. Tritium of the Purchaser to insist upon strict performance of the mortis and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, fniltim to promptly notify the Seller in the even, of a breach, the acceptance Ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the warranties an obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such good, regardless of whim shipped. received or accepted, as to any prior or subsequent default hereunder, nor shall any purported nml land ification or rescission of this purchase order by the Purchaser operate as a waiver of any of the temu hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment no the part of the City of Fort Collin,. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting firm antitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and its consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wool St., Fen Collins, CO 80522. unless acquired under federal or .state antitrust laws for such overcharges relating to the panieuar goods or services otherwise specified on this order. If prnnission 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 rill not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacturers have distributing points in various parts Of the country, shipment is Tribe Purchaser directs the Seller to correct nonconforming or defective galls by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made Form greater distance. may cause the work to be perfomed by the must expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits. certificates and licenses required by all applicable laws, regulations, ordinances and rates ofthc state, municipality, territory or political subdivision where the work is performed, or required by any other ditty constituted public authority having jurisdiction over the work of vendor. Seller Ember agrees to hold the City of from Collins harmless from and against all liability and loss incurred by them by rcawn Orion asscled or established violation of any such laws, regulations, ordinances. miles and requirements. Authorization. All parties to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions slated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions pmrmwd by seller arc objected to and hereby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is ofthc essence. Delivery and pefomance must be effected is ithin the time stated on the purchase order and the documents attached hereto. No act of the Purchasers including, without limitation. acceptance of to rtial late deliveries, shall operate as a waiver of this prevision. In the event orally delay. the Purchaser shall have, in addition to other legal and equitable ¢medics. the option ofplaeing this Order elsewhere and holding the Seller liable for damages. Howcvcr, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are Beyond it reasonable control and without its fault of negligence, such acts of God, acts ofeivil or military authorities, govemmcntal priorities, fires, strikes, food, epidemics, wars or Hall provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller pelt received knowledge thereof. In the event of any such delay, the dale of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller womans that all goods, articles, materials and work covered by this order will conform with applicable drawings, specificatioat samples and/or other descriptions given. will he fit for the purposes intended, and performed with the highest degree of cam and compdenec in accordance with accepted standards for work of a similar nature The Seiler agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seiler shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prcseribed by Iry or by the terms ofany applicable warranty provided by the Seller after the date of acceptance of the goods Famished hercunda (acceptance not to be unreasonably delayed), resulting from imperfect Or defective work done or materials famished by the Seller. Acceptance or use Of goads by the Purchaser shall not constitute a waiver orally claim tinder this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages pmximately caused by the breach of any of the foregoing warranties or guarantees. but such liabilityshall in no event include toss of pmfits or loss cruse. 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 written change order. 5. 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 mitered in the specifications or drawings, by verbal or vrincra change order. If any such change affects the amount due or the time ofpttfomancc hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the grad and/or work, for incidental or consequential damages, and that no such adjustment be made in Favor of the Seller with respect to any gobs which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller orally oftheir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, said. delivered and furnished in strict compliance with all applicable laws and regulations to which the good arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incurpnmted herein by this reference. The Seller agrees to indemnify and bold the Purchaser harmless From all crisis and damages suffered by the Purchaser as a result ofthc Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior wrine. consent Of the other party. 10. TITLE. The Seller warrens full, clear and unrestricted title to the purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of ethers. The Seller shall release the Purchaser and is contractors of any tier from all liability 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 and employees ofsuch party. The Scllcrs contractual obligations, including is amoty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device. material or process covered by letter patent, trademark or copyright, the Seller shall indemnify and save hmmlcss the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract. and shall indemnify the Purchaser for any cost. expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or spar the completion ofthc work. In ease said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined. the Seller shall, at it own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the mine with substantially equal but anninpinging equipment or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make in assignment for the benefit of creditors, appoint a receiver or tmstec for any of the Sellers property or business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW, The definitions of terms used or the interpretation ofthc agreement and the rights of all parties hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases whttc the Seller is to perfann work hemunda. including the services of Scllcrs Reprcsentative(s), on the premises ofolhers. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or iniary to the work and/or materials before SCllcr:s final completion and acceptance. complete the work m Scllcr's own expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by others for installation or erection by the Seller. the Seller shall receive, unload. .,lore 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. IR. INSURANCE. The Seller shall. at his own expense, pmvidc for the payment ofworkcrs compensation, including Occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the sate in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to. contractual and iotomobile public liability insurance with br.11ly injury and datlh limits of al least S300,000 for any one person. S500,0Mo for any one accident and property 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 ofthc Sellers or his contractors employees shall do any work upon the premises f.them. the Seller .,hall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates .shall specify the date when such compensation and insurance hove been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seiler hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind Or ..lure whatsoever to persons or property caused by or resulting from the execution ofthc work provided for in this purchase order or in connection herewith. The Seiler will indemnify and bold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims. losses, damages, charges or expenses. whether direct or indirect, and whether to persons or property to which the Pumbaser rare be put or subject by reason of any act, action, neglect, omission or default on the pan of the Scllcr, any of his contractors, or any of the Scllcrs or contractors officers, agents or employees. In case any snit or other proceedings shall be brought against the Purchaser, or its oficcm. agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller orally of his contactors or any of its or their ofcem. agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Scllcrs own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any Of its or their officers. agents or employees in such suits or other proceedings, and in case judgn¢nl or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once case 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 regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rates and regulations issued pumoo t thereto. Revised 03/2010