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HomeMy WebLinkAbout484464 PROFESSIONAL PAVING SERVICES - PURCHASE ORDER - 9122128PURCHASE ORDER PO Number Page City of 9122128 1 of z ' `t Collins This number must appear on all invoices, packing slips and labels. Date: 04/13/2012 Vendor: 484464 PROFESSIONAL PAVING SERVICES 7562 W COLONY PARK DR TUCSON Arizona 85743 Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS Colorado 80524 Delivery Date: 04/13/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 INV DTD 4-3-12 PAVER TRAINING UCam, 2. o'Ak�se�e_ 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 1 LOT LS Total Invoice Address: 5,809.42 809.42 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tens and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from Into and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-64),f10587 is registered with the Collector of Internal Reveaue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications either when shipped or due to defects of damage in transit, may be rctumed to you for credit and arc not to be replaced except upon receipt of written instructions from the City of Fen Collins. Inspection. GOODS arc subject to the City of Fen Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof. failure or delay to cecrcisc any rights or remedies provided herein or by lam, failure to promptly notify the Seller in the event of a breach. the acceptance for payment for goods hereunder or approval of the design, shall not release the Seller of any of the mnrmnties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict perfomanec hercoforany of its rights or remedies as to any such goods. regardless of when shipped. received or accepted. as to any prior or subsequent defmh hereunder, nor shall any purported on] modification or rescission of this purchase order by the Purchaser opcmtc as a waiver of any of the terms hereof. Final Acceptance Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF AN'I'[TRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from ammust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase enter, the Seller hereby assigns to the Purchaser any and all claims it may any, have or hercaftcr Freight Terms Shipments must be F.O.B., City of Fan Collins, 700 Woad St.. Fan Collins CO 90522, unless acquired under 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 acquired by the Purchaser purl rnt 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 distributing points in various Pans of the country, 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 distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller th never indicates its inability or umvillingnesx 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 costs associated with such work. Permits. Seller shall pmeure at sellers mole cost all necessary permits. certificates and licenses required by all applicable laws, regulations, ordinances and rates of the state, municipality, territory or political subdivision where the work is pttfomucd, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established vinlation of any such laws, regulations, ordinances. rules and requircmcnt. Aulhodi oticn. All panics to this contract agree that the representatives are, in fact. bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the morns and conditions stated herein set fnnh and any supplementary or additional temps and conditions annexed hereto or incorporated heroin by reference Any additional or different terms 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 promised delivery date as anted. Time is ofthe essence. Delivery, and perfomanec must be effected within the time stated on the purchase order and the documents anached before. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operate as a waiver of this provision. In the event of aqv delay, the Purchascr shall have, in addition to other legal and equitable remedies, the option ofplacing 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 cruses not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts ofeivil or military authorities, governmental prouvics, fires, strikes, Baud, epidemics, wars or riots pmvidcd that notice of the conditions causing such delay is given to the Parchaser within five (5) days of the time when the Seller Bost received knowledge thereof. In the event of any such delay, the date Of delivers shall be extended for the period equal to the time actually lost by mason ofthe delay. 3. WARRANTY. The SCIICr wamnts that all goods. articles, materials and work covered by this order will conform with applicable drawings, specification, samples and/or other descriptions Riven, will be Er for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any Ins, damage or expense which the Purchascr may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good. without cost to the purchaser, any defects or faults prising within one (1) year or within such longer period of time as may be prescribed by law or by the terms ofany applicable wamnty pmvidcd by the Scllcr after the date of acceptance of the good furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defecrive work done Or materials furnished by the Seller. Acceptance or use of goods by the Purchascr shall not constitute a waiver ofany claim under this warranty. Except as otherwise pmvidcd in this purchase order, the Scllcrs liability hereunder shall extend to all damages pmximatcly caused by the breach ofany of the foregoing warranties or guarantees, but such liability shall in no event include loss of pmfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchascr may make changes to legal lama by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes In the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specification or drawings. by verbal or written change ruler. If any ,such change affects the amount due or the time ofperformancc hereunder. an equitable adustent shall be made. h.-TERMINATIONS. The Purchascr 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 panics as to any work or materials then in progress pmvidcd that the Purchascr shall not be liable for any claims for anticipated profits on the uncompleted portion of the good and/or work, for incidental or consequential damages. and that no such adjustment be made in favor of the Seller with respect to any good which arc the Sellers standard stock. No such termination shall relieve the Purchaser err the Seller Of any of their obligations as to any goods delivcmd 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 wamnts that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and rcEmlations to which the goods arc subject. The Seller shall execute and deliver such document as may be required to effect or evidence compliance. All laws and regulations required to be incorpnmod in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchascr as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer. or convey this order, or any monies due or to become duc hereunder without the prior written consent of the other parry. 10. TITLE. The Seller warrants 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, reservations, .security interest encumbrances and claims of others. The Seller shall release the Purchaser and its enntractot of any tier from all liability and claims of any nature resulting from the perfomnnce ofsuch work. This release shall apply even in the event of fault of negligence of the pany released and shall extend to the directors, M .O, and employees ofsuch party. The Seller's contracnml obligations, including wamnty, shall not be deemed to be reduced, in any way, because such work is perfomed or caused to be performed by the Purchascr. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process orm coal by Icner, patent, trademark or copyright, the Seller shall indemnify and save Form less 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 Purchascr for any cost, expense or damage which it may be obliged to pay by reason of such in fringentcat of any time during the prosecution or after the completion of the work. In case said equipment. or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans replace the same with substantially equal but noninfringing equipment, or modify use it becomes anninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or banknmt, make an assignment for the hcacrt of creditors, appoint a receiver or trustee for any of the Sellers property or business this order may forthwith be canceled by the Purchascr without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellers Represenmlive(5), on the promises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry 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 injury to the work and/or materials before Seller's fiaal completion and acceptance, complete the work at Scll<Is awn expense and to the satisfaction of the Purchascr. When materials and equipment arc furnished by others for installation or erection by the Seller the Seller shall receive, unlnnd, store and handle same at the site and bmmne responsible therefor as though such materials and/or equipment were being furnished by the Seller under the Order. 18. INSURANCE. The Scllcr shall, at his own expense, Provide for the payment of worker compeneation, including occupational disease benefits, to its employees employed on or in cnnnecuou with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry eomprchenoc general liability including, but not limited to. contractual and automobile public liability insurance with buddy injury and dcmh limits of at least SJ00,000 for any one person. S500.000 for any one accident and property damage limit per accident of S400,000. The Scllcr shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Scllcrs, or his contractors employees shall do any work upon the promises Of others, the Seller shall Finnish the Purchascr with a certificate that such compensation and insurance have been pmvidcd. Such certificates shall specify the date whcm such compensation and insurance have bcen provided. Such certificates shall specify the date when such compensation and insuamcc expires. The Scllcr agrees that such compensation and insurance shall be maintained until a0cr the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGFS. The Seller hereby assumes the cmire responsibility and liability for any and all damage, loss or injury ofany kind or name whatsoever to persons or pmpeny caused by or resulting from the execution fthe work pmvidcd for in this purchase order or in connection hems, Ih. The Seller will indemnify and hold harmless the Purchascr and any or all of the Purchasers officers. agent nail employees front and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchascr may be put or subject by reason ofany act, action, neglect omission or default on the pan of the Scllcr, any of his contractors, or any of the Scllcrs or contractors oRccrs, agents or employees In case any suit or other proceedings shall be brought against the Purchascr, or its Officers, agents or employees at any time on account or by reason ofany rel, anion, neglect, omission or default of the Seller of any of his contractors or any of its Or their olFect, agents Or employees as aforesaid, the Seller herehy 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 offices. agents or employees in such suits or other proceedings. and in case judgment or other lien he placed upon or obtained against the pmpeny of the Purchascr, or said panics in or as a result of such suits or other pmeeedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, fumish and install all guards necessary for the prevention ar. ,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 roles and regulations issued pursuant therein. Revised 03/2010