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HomeMy WebLinkAbout474788 ALL STRIPES AND MAINTENANCE DBA ROCKY MOUNT - PURCHASE ORDER - 9122107PURCHASE ORDER PO Number Page City Of 9122107 1 of z ' `t Collins This number must appear ` �7 on all invoices, packing slips and labels. Date: 04/1212012 Vendor: 474788 Ship To: OPERATIONS SERVICES ALL STRIPES AND MAINTENANCE LLC CITY OF FORT COLLINS 3915 N TAFT HILL ROAD 300 Laporte Avenue FORT COLLINS Colorado 80524 Building B FORT COLLINS Colorado 80521 Delivery Date: 04/11/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 Sweep every Thursday Night 1 LOT LS 11,210.00 Civic Center Pkng Garage Per agreement dated 4-12-12 2 Remington St. Pkng Garage 1 LOT LS 7,790.00 Total $19,000.00 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terrns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is it NONWAIVER. 98-04502. Federal Excise Tan Exemplon Certificate, of Registry R4-6(W51G is registered with the Collector of Failure of the Purchaser to insist upon strict performance ofthe terms and conditions hereof. failure or delay to Internal Revenue. Denver. Coleman (Ref. Colorado Revised Statutes 1973. Chapter 39- 2fi, 114 (a), exercise any rights or remedies provided herein or by lam, failure to pmnrptly notify the Seller in the event nla breach, the acccnumcc Ofor payment for goods hereunder or approval ofthe design, shall not release the Scllcr of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped Or due to defects of any of the mammies Or obligations of this purchase order and shall not he deemed a waiver of any right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of w'rinca purchaser to insist upon .Irict pefomance hereafor any of its rights or remedies as to any such goods, regardless instructions front the City of Fon Collins. of wany hen shipped, received Or accepted. as to aprior or sulasequcrn default hereunder. nor shall any pttrpmmd oral modification or rescission of this purchase order by the Purchaser operate as a ocher of arty Of the terms Inspection. GOODS are subject to the City of Fon Collins inspection on arrival. hcrert Final Acceptance. Receipt of the merchandise, services or equipment in response in this order can result in 12.ASSIGNMENI' OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fon Collins. However. it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmm antitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection pmccdumc, violations are in fact borne by the Purchaser. Thcretrimm, for good eaten, and as consideration for executing this purchase onhr. the Scllcr hereby assigns to the Purchaser any and all claims it may now, have or hereafter Freight Tcros. Shipments must be F.O.B.. City of Fort Collins. 700 Wood St.. Fort Collins. CO 80522. unless acquired tinder federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acgnircd by the Purchaser pursuant to this purchase order. bill must accompany invoice Additional charges for packing will not be accepted. Shipment Distance Where manufacturers have distributing points in various pans of the country. shipment is expected fmm the nearest distribution point to destination, and excess freight will be deducted fmm Invoice when shipmentsme madcfmm grcatcr distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and mlcs ofthe state, municipality, territory or political subdivision where the work is perfomted, or required by any other duly constituted public authority having jurisdiction user the weak of vendor. Seller further agrees to hold the City of Fact Collins harmless forma and ngninst all liability and loss incurred by them by reason of an awned or established violation of any such Imes regulations, nnlinanecs, odes and rcquircmcm ,. Authorization. All panics to this contract agree that the representatives are. in fact, bona ride and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tans and conditions stated herein set forth and any supplementary or additional term and conditions annexed hereto or inenwrated herein by reference Any additional or diffcrcnl toms and conditions proposed 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 pmmiscd delivery date as noted. Time is of the cs,"ce. Delivery and performance must he effected within the time stated on the purchase order and the doeomcnts attached hereto. No acts of the Purchasers including, without limitation, acceptance of panial late deliveries shall operate as a waiver of this provision. In the event ofany delay. the Purchaser shall have, in addition to other legal and egnimble remedies the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and mithout its fault M'negligence. Itch acts of God, acts ofeivil or militarymnhomics, govcmmental priorities fires strikes, flood, epidemic,, wars or riots provided that notice ofthe conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller rill received knowledge thereof, In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller wwmnts that all good.,, articles, materials and wort: covered by this order will confOm with applicable drawings specifications, samples and/or other descriptions given, will be fit for the purposes intended. and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Pumhnser may suffer or incur on account of the Scllcrs breach of wamnty'. The Seller shall replace, mpoir or make good, without cost to the purchaser, any defects or faults arising within one (U year or within such longer period of time as may be prescribed by law or by the terms of any applicable wamnty pmvidcd by the Seller after the date Of mccptanec of the goods finnkluad hereunder (acceptance not to be unreasonably delayed), resulting from imperfect Or defective work done or materials furnished by the Seller. Acceppu ce or use of grads by the Purchaser <hall not constitute a waiver of anv claim under this w'umnty. Except as Otherwise provided in this parch,.,, aide,. the Scllcrs liability hereunder shall extend to all dnnmgcs proximately caused by the breach of any of the foregoing wamntics Or guarantees, but such liability shall in no event include loss of profits or loss of u,c. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to Icgrl terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than lenal terms, including additions to or deletions from the 9uramic, migivlly ordered in the specifications or drawings. by verbal or written change order. If any such change affects the amount due or the time ofperfomance hereunder, an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by mermen change order, terminate this agreement as to any or all portions of the goods then not shipped. subject to any equitable adjustment between the panics as to any work or matermts then in pragrcss provided that the Purchaser shall not be liable for any claims for anticipated pmlils on the uncompleted portion of the goods and/or work for incidental or consequential damages, and that no such rQiuxtment he made in favor of the Seller with respect to any goods which arc the Sellers standard .stock. No such termination shall relive the Purchiser or the Seller of any of their obligations as to any goods dclivercd hcrcundcr. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or termination is ntdeax . 8. COMPLIANCE WITH LAW. The Seller variants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable lams and regulations to which the goods 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 incorf muted herein by this reference The Seller agrees to indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Purchaser as a result ofthe Sellers faihre to comply with such law. 9. ASSIGNMENT. Neither party shall assign. transfer. or convey this order, or any monies due or to became dac hereunder without the prior written consent ofthe other party. 10. TITLE. The Seller wumna full, clear and unrestricted title to the Purchaser for all equipment materials. and items furnished in performance of this agreement, free and clear of any and all liens, restrictions reservation scennty interest c mmulam nccs and claims ofothcrs. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. if the Purchaser directs the Seller to correct anaconfoming or defective goods by a date to be agreed upon by the Purchaser and the Scllcr, and the Seller thcreaficr indicates its inability or unwillingness to comply, the Purchaser may cause the work to be perfumed by the most expeditious means available to it and the Seller shall pay ill costs associated with such work. The Scllcr shall release the Purchiser and its contractors of any lier 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 parry released and shall extend to the directors, oRcers and employees ofsuch panic. The Scllcr's contractual obligations, including armory. shall not be deemed in he reduced. in any way, because such work is perforated or caused to be perOmred by the Purchaser. 14. PATENTS. Whenever the Seller is required to use anv design, device. material or pmccss covered by Icncr, patent, trademark or copyright, The Scllcr shall indemnify and save hamlcss the Purchaser fmm any and all claims for infringement by reason of the rise Of such patented design, device, material or process in connection with the contract, and shall indemnify the Pnreha.r for any cost, expense Or damage which it may be obliged to pay by reason ofamh infringcomat at any time during The pmsecution or offer the completion of the work_ In case said equipurcul, 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 pod is enjoined, the Seller shall, at its own expense and at its option, either procure for the PUrehaaeT the right to enntinuc using said equipment or pans, replace the same with substantially equal but noninfringing equipment. or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business. this order may fonto ith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The connitions of terns used or the interpretation ofthc agreement and the rights orll panics hereunder shall be constmed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply Only in cases where the Seller is to perform work hereunder. including the sm ices of Scllcrs Repmscrtative(s), on the premises ofothcrs. 17. SELLERS R ESPON S 11311.1'TY. The Sc Ilet shall carry on sn id weak at Seller's own risk until the sanm is filly completed and ac",tcd, and shall, in case of any accident destruction or injury to the work and/or miteria Is before Seller's final completion and acceptance complete the work at Seller's own expense and to the satisfaction of the Purchaser. When nmmria is and equipment are famished by Others for installation or erection by the Seller, the Seller shall receive, unhand. store and handle same of the site and become respnnsible therefor as though such materials and/or equipment were being furnished by the Scllcr under the order. 18. INSURANCE. The Seller shall, nit his mvn expense. provide for the payment of workers 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 Imes ofthe state in which the work is to be done. The Seller shall also carry comprehensive general liability including. but not limited to. contactual and automobile public liability insurance with bodily injury and death limits of at [cut S300.000 for any one person. S500,000 for any one accident and property damage limit per accident Of S400,000, 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 nny work upon the premises of others. the Seller shall furnish the Purchaser with a cenifieate That such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such eertificntes shall specify the dam.vhen such compensation and insurance expires. The Scllcr agrees that such compensation and insurance shall he maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire mgsmsihility and liability for any and all damage. loss Or injury Ofany kind Or nature whrowcvcr to persons or pmperty caused by or resulting fmm the execution ofthe work pmvidcd for in this purchase eater or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees fmm and against any and all claims losses damages, charges or expenses whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action. neglect. Omission or default On the pan Of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents Or employees In case any suit or other pmcecdings .shall be brought against the Pumlm sr. or it officers, agents or employees at any time on account or by reason of any act .lion, neglect. Omission or default Of the SCRer of any of his contractors or any of its or their officers, agents or emplopecc as aforesaid, the Seller hereby agrees to assume the defense thereof and In defend the same rl the Sellers own expense, to pay anyand all costs, charges, anameys fees and other expenses. any and all judgments that nary he unmated by or obtained against the Purchaser or any of its or their oRccm, agents or employees in etch suits or Other proceedings, and in case judgment or other liar be placed upon or obtained ngninst the property ofthe Purchaser. or said parties in or as a result of such suits mother pmcecdings. the Scllcr will at once cause the same to he dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the fumicnion of accidents, comply with all laws and regulations with regard to mfcN including, but without limitation, the Occupational Safety and Ilcalth Act of 1970 and all talcs and regulation issued pursuant thereto. Revised 0312010