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HomeMy WebLinkAbout372543 ROCKY MOUNTAIN PAVEMENT - PURCHASE ORDER - 9122880City of �.Fort Collins Date: 05/18/2012 Vendor: 372543 ROCKY MOUNTAIN PAVEMENT 2001 W 64TH LN DENVER Colorado 80221 PURCHASE ORDER PO Number Page 9122880 1012 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: 05/18/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price Oak/Remington Street Pkng Lot 1 LOT LS 8,135.25 Sweep, infrared patch, crack seal, slurry coat and stripe. Total $8,135.25 Cam, c3. oi�:s2 � 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 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.corn Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tams 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 11 NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 94-WM587 is registered with the Collector of Failure of the Purchaser to insist upon strict pafomance of the terns and conditions hereof, failure or delay to Internal Revenue. Denver. Colomdo (Ref. Colorado Rcviwd Statutes 1973. Chapter 39.26. 114 (a). exercise any rights or remedies pmcidcd herein or by la,. failure to promptly notify the Seller in the event of a breach, the ncecptance of or payment for goods hereunder or approval of the design, shall not relcuse the Scllcr of Goods Rejected. GOODS REJECTED due to failure to meet specifications. citha when shipped or due to defects of any of the o:amntia or obligations of this purchase Oiler and shall not be 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 s,,men pnrcbaser in insist upon strict performance Inca nforany of its rights or remedies as to any such garde, regardless instructions from the City of Fort Collins. of when shipped. received or accepted, as to any prior err subsequent default hereunder, nor shall my purposed oral nnodificaoion Or rc,dssion of this purclarc Order by the Purchnscr, operate a, a "river of any Of the tenon Inspection. GOODS are subject to the City of -Fort Collins inspection on arrival. 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 on the part of the City of Port Collins. However. it is to be understand that FINAL Scllcr and the Purchnscr recognize that in actual economic practice. avcrcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection proecdurcs. violstinns are in fuel borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser nay and all claims it may now have or hereaficr Freight Terms. Shipments must be F.O.B.. City of Fort Collins. 700 Wood St. Fort Collins CO 80522. unless acquired under fedenl or state arttitmst Imes far such overcharges relating to the particular goods or services o lucre, se specified on this order. If prnnisiOO is given to prepay frcicht and charge separately, the original freight purchased or acgniml by the Purchaser pursuant to this purchase order. bill must accompany ho nice. Additional charges for packing "ill not be accepted. 13. PURCH AS ERS PE RFORMANCE OF SELLE RS OBLIGATI ONS. Shipment Distance. RTerc manufacturers have distributing points in various parts of the country, shipment is If the Pumhaser directs the Seller to correct nonconfarm mg Or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will Ire deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability of unwillingness to comply. the Purchaser shipments are made fmm greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs assnria lid with such .work. Permits, Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable Imes, regulations, ordinances and mlcs of the state, municipality, territory or politierl subdivision where the work is performed, or required by any Other duly constituted public authority having jurisdiction oeer the work of vendor. Seller fbrther agrees to hold the City of Fort Collins harmless (ram and ngmu,l all liability and Ins, incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All parties to this contract agree that the representatives are. in fact, born Fide and possess fall and complete authority to bind mid panics. LIMITATION OF TERMS. This Purchase Order expresly limits acceptance to the hems and conditions stated herein set forth and any supplementary, or additional terms and conditions annexed herein or incorpomted herein by reference. Any additional or different terns and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedietcly if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and perfomancc must be eReeted within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance offu ntial late deliveries, shall operate as a waiver of this provision. In the event of any 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 damngcs as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its built ofnegligenee. such acts of God, acts ofcivil or military anthorhics governmental prlodtics, fires, strikes, flood. epidemics, wars or riot provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller Best received knowledge thereof. In the event ofany such delay. the date of delivery shall be extended for the period equal to the time actually lost by reason of fl a dday. 3.WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications. samples and/or other descriptions given, will he fit for the puposcs intended. and perfomed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrecs to hold the purchaser harmless from any Inss, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs bench of wamnty. The Scllcr shill replace, repair or mike grad, without cost to the purchaser, any defects or faults arising within one (D year m within such IOnger period of time as mov he prescribed bylaw or by the tems of any applicable wamntyprovided by the Scllcr after the date of acceptance ofthe goods furnished hcreonda (acceptance not to be unreasonably delayed), resulting from imperfect m defective work done or materials furnished by the Seller. Acceptance or use of goads by the Purchaser shall no: constitute a svwivcr ofany claim under Thi, vemnty. Except as otherwise pmcidcd in this purchase order, the Scllcrs liability hcrcundcr shall extend to all damages pmsimatcly caused by the broach of any ol'the flsrcgomg "anent"" or guermuces. but such liability shall in no event include loss of pmfnts or loss Of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4.CHANGES IN LEGALTERMS. 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 toms including additions to or deletions from the qumnhics mi'mnIly ordered in me speciRemiama or drawings, by verbal or oOnto change order. If any such change affect the amount due or the time of perfomancc hcrcundcr, an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all Pon ions of the goods then not shipped, subject to any equiable tobustment between the parties as tu any work or nhaterinls then in progress pmvidcd that the Purchaser shall not be liable for anv claims for anticipated pmtils on the uncompleted portion of the goods and/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 arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany ofthcir obligations as torny good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or leranimu mn is crdcrcd. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced. said, delivered and famished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may he required to effect or evidence compliance All laws and regulations required in be incorporated in agreements of this character arc hereby incopomted 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 of the Sellers failure to comply with .such Inv. 9. ASSIGNMENT. Neither party shall assign, transfer, or coney this order, or any monies duc or to become dmc hcrcundcr without the prim written consent of the other party. 10. TITLE. The Seller wamnts full. clear and unrestricted title to the Purchaser for all equipment materials, and items famished in performance of this agrttmcnt. free and clear of any and all liens, restrictions, reservations. security interest cncumbmnce, and claims of mhos. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any noire resulting from the perfomance ot'such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend To the directors, officers and employees ofsuch paw. The Seller's mmructual obligations, including warmm y. shall not be deemed to be reduced, in any way, because such work is perforated or caused to be perforated by the Potehoser. 14. PATENTS. Whenever the Seller is required to use any design, device. mnuuml nr process cuvcrcd by letter, patent, trademark or copyright, the Seller shall indemnify and save hamless the Purchaser fmm any and all claims for infdngcmrnt by reason of the use of such patented design, device. material Or pncesS in connection with the contract, and shall indemnify the Purchaser for any cost. expense or damage which it nay 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 equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of mid equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right On continue using said equipment Or pans, reduce the same with substantially opal but noninfringing equipment or modify it so it becomes amonfringing. 15. INSOLVENCY. If the Seller shall be:ntne insolvent or bankmpt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business. This only may forthwith be canceled by the Purchaser without liability. 16 GOVERNING LAW. The definitions of tans used or the intcprctalion offl c agreement and the rights ofall panics hereunder sholl be constmcd under and governed by the laws of the State of Colomdo, USA. The following Addilinnnl Conditions apply only in cases where the Seller is to perform work hereunder. .including the services of Scllcrs Refun sentative(s), on the premises 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 mndlor materials before Seller's final completion and acceptance. complete The work at Scllcrs own cxpcnsc and to the atisfaction of the Purchase,. When materials and cgnipmcut are furnished by others for installatina or erection by the Seller, the Seller shall receive. unload. store and handle same in the site and hmnmc responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall. n1 his own cxpcnsc. provide for the payment of wmkcm compensation, including Occupational disease benefits. to its employees employed on or in connection with The work covered by this purchase nrder. andfor to their dependents in accordance with the Inss of The state in which the work is to be done. The Seller ,shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance win botrly iniup and dean limes ofm least S300,000 for nny one person, s5nn,000 for nny one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, it env, to provide for such compensation and insurance. Before any ofthe Scllcrs or his contractors employees shall do nny work upon the premises of others, the Seller shall furnish the Purchaser with a ecrtifienty that such compcnsntion and insumnec have been provided. Such certificates shall specify tine date when such compensation and insurance hove hcen provided. Such ccnificatcs shall specify Poe dmc when such compcnsntion and insurance expires. The Seller agrees that such compensation and insurance shall he maintained until filler The entire Work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby nssnmes the entire responsibility and liability for any and all damage. loss or injury ofany kind err nature whmtsnever In persons or pmpeny caused by or resulting From the execution ofthe work provided for in this purchase omler or in connection herewith. The Seller Will indemnify and hold harmless the Purchaser and any or nil of the Pttmhasers officers. agents and employees from and against any and all claims, lasses. 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 ease any suit Or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time no account Or by reason of any act. action, neglect, omission or defmdt of The Seller ofany of his contractors or any edits or heir Officers, agents or employees as aforesaid. the Seller hereby agrees to asanme the defense thereof and in defend the smnc m the Sellers own expense, to pay any and all costs, charges, aramcys fees and other expenses, any and all judgments That may be incurred by or obtained against The Purchaser or any of its or Their off ice¢. agents or employers in .such suits or other proceedings, and in ease judgment or other lien be placed Olson Or Obtained against The property of the Purchaser, or said parties in or as a result of such suits or other proceedings. the Scllcr will at Once cause The same to he dissolved and discharged by giving bond or other, ise. The Seller and his contractors shall take all safety precautions. famish and install all guards necessary for The prevention of accidents. comply with nil laws and regulations with regard to safety including. but without limitation, the Ocaipmional Safe) and I lealth Act of 1970 and all rates and regndations issued pursuant thentn. Revised 03/2010