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HomeMy WebLinkAbout372543 ROCKY MOUNTAIN PAVEMENT - PURCHASE ORDER - 9122757PURCHASE ORDER PO Number Page City of 9122757 1 of 2 ' `t Collins This number must appear ` 1 on all invoices, packing slips and labels. Date: 05/1412012 Vendor: 372543 Ship To: OPERATIONS SERVICES ROCKY MOUNTAIN PAVEMENT CITY OF FORT COLLINS 2001 W 64TH LN 300 Laporte Avenue DENVER Colorado 80221 Building B FORT COLLINS Colorado 80521 Delivery Date: 05/14/2012 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price Olive Street Parking Lot 1 LOT LS 7,944.41 Sweep, infrared patch, crack seal, slurry coat and stripe. U City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, 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 Total Invoice Address: $7,944.41 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By stnmte the City of Fort Collins is cxen.pt from state and local taxca. Om E,madion Number is 99-04502. Federal Eceise Tax Exemptinn Certificate of Registry 84-MOO597 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statute, 1973, Chaptcr 39 26. 114 (n). Goods Rejected. GOODS REJECTED due to fail... to meet specifications, either when shipped or due to defects of dnnrogc in transit. may be retumed to you for credit and are not to be replaced except upon receipt of written instructions form the City of Fort Collins. Inspection. GOODS are soNcet to the City of Fort Collins inspectinn on airica 1. 11. NONWA I V ER. Failure of the Purchaser to insist upon strict performance of the terms and conditions herco f, failure or delay to cis, any rights or remedies provided herein or by lam, failure to promptly notify the Seiler in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Set let of any of the warranties or cblontions of this purchase mder and shall not be deem cd a waiver of any right of the purchaser In insist upon strict performance hereof or,,my of its rights or remedies as to any such foods, regardless of when shipped, received or accepted, as to any prior or subsequent default hercnndcr, nor she. 11 Inv purported oral food i Gs. lion or rescissiun of this purchase ender by the Purchaser operate 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 ANTITRUST CLAIMS. aathorizcd payment on the part of the City of Fort Collins. Hnmxorer, it is to he understood that FINAL Seller and the Purchncr recognize that in actual ccommic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in feet home by the Purchaser. Theretofore, for good cause and as consideration for excenting this purchase order. the Scllcr hereby assigns to the Purchaser anv and all claims it cony now Imve or hereafter Freight Temu. Shipments most be F.O.B.. City of Fort Collins, 700 World St., Port Collins, CO 90522. unless acquired under federal or state stout usl lams for such overchages octal ing to the particular goods or scrviccs 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 im nice. Additional charges for packing will not be accepted. 13. PURCI LASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in carious parts of the country, shipment is If the Purchaser directs file Seller to correct nonconforming or defective goods by a dote to he agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Imoic, when Purchaser and the Seller, and the Seller thereafter indicates its inability or unmillingacss to comply, the Purehascr shipments ore made from greater distance. may cause the work to be p.rfomcd by the most expeditions means available to it, and the Seller shall pay all costs associated with such .cork. Permits. Seiler shall procure at sellers sole cast nil necessary permits, certificates and licenses required by all applicable lases, regulations. ordinanres and mlcs of the state, municipality, territory m political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor Seller Further agrees to hold the City of Fort Collins hemlcss from and against all liability and loss incurred by them by reason of an asserted or csfrblishcd violation of any such laws, regulations. ordinances, rules and r.gnineuvrr , Authorization. All probes to this contract agree that the representatives are, in fact, bona tide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order cxpresdy limits acceptance to the terms and conditions stated bvcin set forth and any supplementary, or additional terms and conditions annexed herein or incorporated herein by reference. Any additional or different forms and conditions proposed by seller are objected to and herchy rejected. a_. DELIVERY_ PLEASE ADVISE PURCHASING AGENT immediately Byron cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including. without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any derv, the Purchaser 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 causes not reasonably foreseeable which arc beyond its reasonable antral and without its fault ofnegligeace, such acts of Gad. acts ofeivil or military authorities, gocem icntal priorities, fires, strikes, flood, epidemics, %stars or riots provided that notice of the conditions causing such delay is given to the Pnrchascr within five (5) days of the time when the Seller first .ceded knoawldge thereof, In the event of any such delay, the the of delivery shall be extended for the period equal to the time actually lost by reason off is delay. 3. WARRANTY. The Seller warrants that all goods. anicics materials and work covered by this order will ennfurn, with npplicahlc drawings, specifications, samples andinr other description given, -will be fit for the purposes intended and performed with the highest degree of care and campctvncc in aemrdanee with accepted .standards for work of a similar nature The Seller agrees to hold the purchaser harmless from any lass, damage or expense which the Purchaser may suticr or incur on account of the Sellers breach of n:amnty. The Scllcr shall replace. repair fir make goad, w'ithmn cost to the purchaser, are defects or fa.dts arising within one (I) year m within such longer perind of time as cony be prescribed by law or by the toms of any applicable narrow providedby the Seller a9cr the date of acceptance of the goods furnished hereunder (acceptance not robe unreasonably delayed), resulting from imperfect or defective work done m materink furnished by the Seller- Acceptance muse of goods by the Purc niscr shall not constitute a waiver ofanv claim undef this wamnN. Except as mhen6.w provided in this purchase order, the Sellers liability hcrcunder shall cxtcnd to all damages proxinufcly caused by the breach of any of bile foregoing wormatics m guarantees bur such liability shall in all include loss of profits fir loss of use NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make chances to legal terms by written change order 5. CHANGES IN COMMERCIAL. TERMS. The Purchaser may make anv, changes in the toms, other than legal terms, including additions to or deletions foam the quantities originally ordered in the specifications or drtoings. by verbal or written change order. If any such change affects the amount due fir flue time ofperfomance hereunder. an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at rev 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 Purehascr shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods end/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination ,shall relieve the Purchaser or the Scllcr of any ofthcir obligation as to any good dcliccred hco ruder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be nsscrtd within thirty (30) days from the date the change or termination is nrdcred. R. COMPLIANCE WITH LAW. The Seller wamnt5 thm all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall escade and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be inemp.mted in ai cements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify rod hold the P... ehvscr harmless from all costs and damages suffered by the Purchaser as a result of file Sellers frilurc to comply with such law. 9. ASSIGNMENT. Neither party shall assign, Vander, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller wamnts full, clear and unrestricted title to the Purchaser for all equipment. materials, and items furnished in performance of this agreemcm, free and clan of any and all liens, restrictions reservations, security interest encumbrances and claims of others. Tic Scllcr sfinll release the Pnrchascr and its contractors of any tier from all liability and claims of any nature resulting fmf. the perfnmu.nee nfsuch work. This release shall apply even in the event of fnull of negligence of the party released and shall cxtcnd to the directors. officers and employee, nfsuch party. The Seller's contrncnml obligations, including uvamnty, shall not be deemed to be reduced, in any wav, because such work is performed or caused to he performed by the Purvdam er. 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 hamlless the Purchaser from anv and all claims for infringement by reason of the five of such patented design, device. nmtcrial or process in connection with the contruct and shall indcmnify the Prirchacer for any cost. espcnsc or channel: which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In ease said cquimonal. fir any part thereof fir the intended use of file goods. is in such suit held to constitute infrinfen.cnt rod the rise of said equipnu'm or pan is enjoined, the Seller shall, of its own expense and at its option, either procure for the Purchaser the right to comimtc using said equipment or parts, replace the same wvith substantially equal bill noninfringing cgnipment, or nmdify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assignment for the hcnefn of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be cmcdcd by the Pnrchascr willow liability. 16. GOVERNING LAW. The definitions of tcmw used m the imemoctminn of the agreement and the rights of fall parties hercnndcr shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in eases where the Seller is In perform work hereunder, including theservices of Scllcrs Represcmatn ebs), on the premises ofathers 17. SELLERS RESPONSBHLI TV. The Scllcr shall carry no said work at Sells,', own risk until the scone is fully completed nod accepted, and shall, in case of any accident. datmetion or injury to fire work and/or materials before Seller's final completion and acce,cowc, complete the work at Seller's own essece and to the satisfaction of the Purchaser When mmerixls and equipment arc furaWa d by others for o stallntinn or erection by the Seller, the Seller shall receive, unlead, store and handle same If the site and Even c responsible therefor as though such mntcrials and/or equipment were being furnished by the Seller under the older, I R. INSURANCE. 'File Seller shall, at his own 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 Ihcir dependents in recordance with the lams of the slate in which the work is to be done. The Seller shall also cart' comprehensive general liability including. bill not linu ed to. contractor] and automobile public liability insurance with bodily inquiry and death limits of it least S300,000 for any one person, S500.000 for any one accident and property damage limit per accident of W00.000. The Seller shall likewise require his contractors. if any, nil provide for such compensation and insurance. Before anv of the Sellers or his enntraetors employees .shall do any work alvsn the precis cs of others. the Seller shall famish the Purchaser o ith a ecnificate that such compensation and insurance have been provided. Such ecoiticates shall specify the Ante when such compensation and insurance have been provided. Such ecoificates shall specify the date when such compensation and insurance expires. The Scllcr 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 Seller hereby nssmncs the entire responsibility and liability for any and all damage, loss or utility ofiny kind or nacre what,ocrcr to persona or property caused by or resulting from the execution offhc work provided for in this purchase coder or in conncctinn herewith -The Seller will indemnify and hold h orilev the Purchaser and any or NI of the Purchasers officers, agents and employees from and against any and fall claims, losses, damages charges or expenses, whether direct or indirect, and whether to persons or property to m filch the Pnrchascr may be put or subject by reason of any act, action, ncglcd, omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In ease any suit or other proceedings shall be brought against the Purchaser, or its nffic ro. agents or ef.playces at any tins an account or by reason of any act, action, neglect, onnission or default of the Seller of any of his contractors or any of its or lbcir officers, agents or employee., as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same Ill the Sellers own cspense, 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 Puehascr or any of its or Ibor 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 of the Purchase, or said parties in or as r result of such snits or other proceedings. the Scllcr will at once cause the same to be dissolved and discharged by giving bond or oth rv, see. The Seiler and his contractors shall lake all safety' precautions, furnish and install off guards neceuary for the prevention of accidents. comply with all Imes and regulations with regard to safety including, bill without limitation. the Occupational Safety and Health Act of 1970 and ill mhos and regulations issued pnrxuanl thereto. Revised 03/2010