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HomeMy WebLinkAbout372543 ROCKY MOUNTAIN PAVEMENT - PURCHASE ORDER - 9123211PURCHASE ORDER PO Number Page City Of 9123211 1 of 2 ' �t Collins This number must appear on all invoices, packing slips and labels. Date: 06/05/2012 Vendor: 372543 ROCKY MOUNTAIN PAVEMENT 2001 W 64TH LN DENVER Colorado 80221 Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS Colorado 80521 Delivery Date: 06/05/2012 Buyer: JAMES O'NEILL N ote: Line Description Quantity UOM Unit Price Extended Ordered Price Wright Avenue Crack seal parking lot and apply Liquid Road pavement sealer, restripe and reset parking blocks. 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 1 LOT LS Total Invoice Address: 10.673.45 .45 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local tases.Onr Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver. Culomdo (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). Goals Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or duc to defects of damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS arc subject to the City effort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hcrcnf, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of s breach, the acceptance of or payment for goods heramder m approval of the design, shall not release the Scllcr of any of the warn -fie,, or obligations of this purclutse order and shall not be decried a waiver of any right of the purchaser to insist upon strict performance hercefor any of its rights err remalics is to any such goods. regardless of molten shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported wall modification or reseissinn of this purchase order by the Purchaser operate is a aiivcr of any of tic toots hereof. Final Acceptance. Receipt of the merchandise. services at equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchnsa recognize that in actual economic practice, overcharges resulting front antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchnse order. the Seller hereby assigns to the Purchaser any and all claims it may nrnv have or hercaner Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St. Fort Collins, CO 90522. unless acquired under federal or state antitrust Imes for such overcharges relating to the pmtieulm goods or seMiccs otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purehacr pursuant 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 yarinus parts of the country, shipment is tribe Purchaser directs the Seller to muted nonconfntmitig or defective goods by., date to be rprecd open by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser wad the Scllcr, and the Scllcr Ihcm.f rr indicates its inability or umcillingmss to cnmply. 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 mark. Permits. Seller shall puncture at sellers sole cost all necessary permits, ecnifiextes and licenses required by all applicable Imes, regulations, ordinances and rules of the state, municipality, territory or 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 Port Collins harmless front and against all liability and loss incurred by them by reason of an asserted or established %inlation of any such Imes, regulations, ordinances. mlea and requircmcros. Amhonzation. All parties to this contract agree that the representatives arc, in fat, bona fide and possess full and complete authority to bind mid panics. LIMITATION OF TERMS. This Purchase Order cxprccly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terns and conditions annexed heron or incorporated herein by reference Any additional or different terms and conditions proposed by seller arc objected to and hereby ri iceled. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and performance must be effcaed within the time stated on the purchase order and the documents anaehed hereto. No acts of the Purchaaem including, without limitation, acceptance ofpartial late deliveries, shall operate as a waiver ofthis provision. In the event of any delay, 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 are beyond its reasonable control and wilhout its fault of negligence. such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, food, epidemics. wars or riots pmvidcd that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first 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 ofthc delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings. specifications, samples andfor other descriptions given, will be fit 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 farm any Ions, damage or expense which the Purchaser may suffer or incur on account cribs, Shccrs breach of wamnty. The Scllcr shall replace, repair or make good. without cost to the purchaser, any defects or faults arising within am (1) year or within such longer period of time as may he prescribed by law or by the rams of any applicable warranty pmvidcd by the Seller after the date of acceptance write goods famished hereunder (acceptance not to be unreasonably delayed), resulting farm imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this wamnty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany critic foregoing womatics or guarantees, but such liability shall in no event include Inns ol'profit or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal farms by wrimen change aider. 5. CHANGES IN COMMERCIAL TERMS. The purchaser may make any changes to the terms, other than legal terms, including additions to or deletions form the quanlitics originally ordered in the specifications or drawings, by verbal err wrinen change order. If any such change affects the amount due or the time of performance hereunder, an conitable adjmtment shall be made. 6.TERMINATIONS. The Purchaser may at any time by written change aide,, terminate this agreement as to any or all pwriians of the goods then not shipped, subject to any equitable adjustment bdwcen the panics as to any work or materials then in progress pmvidcd that the Purchaser shall not be liable for any claims for antidpmcd profits on the uncompleted portion of the gads andfor stork, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with mspcct to any goods which arc the Sellers standard struck No such tcminalion shall relieve the Pumhascr or the Seller ofany ofthcir obligations as to any goal delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days farm the date the change or tcmimation is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, 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 tons, be required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indcmnifv and hold the Purchaser hamdcc from all costs and damages suffered by the Pumhnscr as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Ncitha parry shall assign, transfer. or convey this order, or any monies due or to become duc hereunder without the prior wrinen 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 p ufomanee of this agreement, free and clear of any and all liens, restrictions, reservations. security interest encumbrances and claims of others. The Scllcr shill release the Purchaser and its contractors of any tier farm 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 In the directors, o fcaus and employees of such pony. The Scller's contractual obligations, including warranty, shall nil 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, milcrial or process covered by letter, patent, tmdemmk or copyright. the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringcmcnt by reason of the use of such patented design, device, material or process in connection with the contract. and shall indemnify the Purchaser for mty cast, expense or damage which it may be obliged in pay by reason of such infringement at any time during the prosecution or aner the completion of the work. In case slid 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 pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchascr the right to continue using said equipment or parts, replace the sans with substantially equal but nnninfringing equipment, or modify it so it becomes nnninfringing. 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 forthwith he eanaled by the Purchaser without liability. 16. GOVERNING LAW. The definitians etterms used or the interpretation ofthe agreement and the rights ofall parties hereunder shall be cnnstmed under and governed by the laws ofthe State of Colomdo, USA. The following Additional Conditions apply only in eases where the Seller is to perform work hereunder, including the services of Sellers Rcprcscmmlvc(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Shccrs own risk until the same is fully completed and accepted. and shall. in case of any accident, destruction in injury to the work andfor materials before Scllct s fora completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. Wien materials and equipment are famished by others for installation or erection by the Seller. the Seller shall receive unload, store and handle same at the site and became responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 19. INSURANCE. The Seller shall. al his own expense, provide for the payment of workers compensation. including rceupmiomil disease benefits, to its employees employed on or in connection with the work covcmd by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to he done. The Seller shall also carry comprehensive general liability including, bill not limited to, contractual and automobile public liability insurance .with bnlily injury and death limits of at least S3W,W for any one re on. S5110.000 for any one accident and property damage limit par accident of S4000h). The Seller shall likewise require his contractors, if any, in provide for such eompensitian and insumnec. Before any of the Sellers or his contactors employees shall do any cork upon the premises ofothers. the Seller shall furnish the Puchaer with a certificate that such compensation and insurance have been provided. Stich certificates shall specify the date when such compenslion and ino m ee hove becn provided. Such certi Bcates shall specify the dale when such compensation and insurance expires. The Scllcr agrees that such canprismion and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGA INST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, Inc or injury orally kind or nature whatsoever to persons or pmpcm• caused by or resulting from the cxceunian of the mark provided for in this purchase order or in connection herewith. The Seller will indcmnifv and hold harmless the Purchascr and any or all of the Purchasers effects, agents wad employees from and against any and all claims, losses, damages, charge, or expenses, whether direct or indirect, and whe ucr 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 Sellars or contractors officers, agents or employees. In close any suit or other proceedings shall be brought against the Purchaser, or its officals, agent or employees at any time on account or by reason of any act action, neglect, omission or default of the Seller of any of his contractors or any of its or their oRcers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the soma at the Sellers own expense, to pay any and all crest, charges, attorneys fees and other expenses. any and ill judgments that may be incurred by or obtained against the Pumhnscr or any of its or their 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 Purchaser. orsaid panics In or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissnh'ed and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all gnmds ncccsmm for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation. the Occupational Safety and licnith Act of 1970 and all ndcs and regulations issued pursuant theme. Revised 03/2010