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HomeMy WebLinkAbout372543 ROCKY MOUNTAIN PAVEMENT - PURCHASE ORDER - 9123212PURCHASE ORDER PO Number Page City OfCollins ��� 9123212 1 of z 6rt COIL I n �+ This linvoices, number must appear ` �7 on all invoices, packing slips and labels. Date: 0610512012 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: 06/05/2012 Buyer: JAMES O'NEILL Note: Line Description Quantity Ordered UOM Unit Price Extended Price 256 W. Mountain 1 LOT LS 6,794.00 Infrared patch damaged and oil spots. Apply Liquid Road pavement sealer, restripe and reset parking blocks. C3. O✓1s.�42 � 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 Total Invoice Address: $6,794.00 City of Fort Collins Accounting Department PO Box 5811 Fort Collins, CO 80522-0580 Purchase Order TemJs and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt From state and local taxes. Our Exemption Number is 98-114502. Federal Eneise Tax Exemption Certificate of Registry 846f100597 is registered with the Collector of Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). Goods Rejected. GOODS RFJECTED due to failure to meet specifications either when shipped or doe to defect, 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 of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchnscr to insist open strict performance ofthe terms and conditions hereof, failure or delay to exercise any rights or remedies provided harem or by Irv, failure to prmptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the vaccinates or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon mitt performance hcrcofor any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as in any prior or subsequent default hereunder. nor shall any purported oral mMification or rescission of this purchase order by the Purchaser operate as a orker 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. anthadzed payment on the part of the City of Fort Collins. However, it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dcpcndcnt upon conhpletion ofall applicable required inspection procedures. violations are in fact borne by the Purchaser. Theretofore, for good cause and as eonsidention for executing this purchase order, file Seller hereby assigns to the Purchaser any and all claims it may now, have or hereafter Freight Terms. Shipments most be F.O.B.. City of Fort Collins, 700 Wood St.. Fort Collins, CO 80522, unless acquired under federal or state antitrust lows for such overcharges relating to the portieulnr goods or services otherwise specified on this order. Hpamission is given to prepay freight and charge separately, the original freight pnmhascd .,.acquired by the P mhascr 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 rarints pars of the country, shipment is If the Purchaser directs the Seller to correct nonconfamming or defective goods by a date to be agreed upon by the expected from the nearest dishibntion point to destination, and excess freight will be deducted from Invoice when Purchnscr and the Scllcr,and the Seller thereafter indicates its inability or 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 nod the Seller shall paw all costs a.¢ociumd with such work. Pcnfutu. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws regulations. ordinances and mles of the state, comicipubry. territory or political subdivision where the work is Performed, or required by any other duly constituted public authority having jurisdiction over the work of vendee Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles and requirements, Anthorintion. All panics to this contract agree that the representatives are. in fact, bona fide and posses% full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hacto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to ounce on your promised delivery date as noted. Time is of the essence. Delivery and performance must he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late dclivenes, shall operate as a waiver ofthis provision. In the event ofany 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 damagcs as a result of dclms due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofnegligenee, such acts offend. acts ofcivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided 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 he extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller aareants that all goods, articles materials and work covered by this order will conform with applicable drawings, specifications, samples and/or 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 hamiless from any loss, damngc or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terns ofany applicable warranty provided by the Seller fiber the date of acceptance of the goods furnished hereunder (acceptance not to he unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute f nniver ofany claim under [his wfranry. Execpt a, otherwise provided in this purchase order, the Scllcrs liability reminder shall extend to all damagcs pmximatcly caused by the breach of any ofthe hempen, wara firm, or guarantees, but such liability shall in no event include loss ofpmfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser Lou, 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 terms, including additions to or deletions from the 9iontity, originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperformance hereunder, an equitable adjustment shall be made. b. TERMINATIONS. The Purchaser may at any time by wrircn change order, terminate this agreement as to any or all portions of file goals then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in pmgrcss provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the, goods and/or work, for incidental or consequential damagcs, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relives the Purchaser or the Seller of any oftheir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he sec cued within thirty (30) days from the date the change or termination is ordered. A. COMPLIANCE WITH LAW. The Seller warrants that 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 Seiler shall execute and deliver such documents a may 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 indemnify and hold the Purchaser harmless fmm all costs and damage suffered by the Purchaser as a result of the Sellers failure to comply with sueh law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become doe hereunder without the prior waitten consent of the other party. 10. TITLE, The Seller warrants full, clear and unrestricted title to the Purchnscr 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 Pnrchascr and its contractors of any tier from all liability and claims crime astute resulting fmm the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officer, and employees of such party. The Seller's eantmctml obligations. including warranty, shall not be deemed to be reduced, in any wry, 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, material or process covered by letter, patent trademark or copyright, the Seller shall indemnify and save harmless 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 ,hall indemnify the Purchaser for any cost, expense or damngc which it may be obliged to pay by reason of such infringement at any time during the pmsecution or filler the completion of the work. In case ,aid equipment or any part thereof or the intended use of the goods, is in such suit held to constitute Infrinecnmat and the use of said equipment or part 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 whstantially equal but nnninfringing equipment, or modify it so it becomes nnniniringing. 15. INSOLVENCY. If tut Seller shall become insolvent or lonkmpt 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 be canceled by the Purchaser without liability. Ib. GOVERNING LAW. The definitions oftco s used or the interpretation ofthe agreement and the rights off" panics hereunder shall be cnn,tmcd order 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 scrvlcos of Sellers Representative s), on the premises efolhces. 17. SFI.LFRS RESPONSIBILITY. The Scllcr shall tarty on said work at Seller's own risk until the ,same is fully completed and accepted, and shall, in ease of any accident destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials surd equip nhcut are fumishcd by others for installation or erection by the Seller. the Seller shall receive. unload, store and handle same at the site and become responsible therefor as though such unim iaLs and/or equipment were being furnished by the Scllcr under the order. 19. INSURANCE. The Seller ,hull, at his own expense. provide for the Payment efworkers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order. and/or in their dependent, in accordance with the laws of the state in which the work is In be done. The Seller shall also carry comprehensive general liability including, but not limited to. contracmnl and atimmobile public liability insurance with bodily injury and death limits of at least S300.000 for any one person, S500.000 for cry one accident and property damngc limit per accident of S400.000. The Seller shalllikeeise require his contractor,, if any, to provide for %itch compensation and insurance. Before any of the Scllcrs or his contractors employees shall do any work upon the promises of others, the Seller shall furnish the Purchaser with a ecr ific.im that such compensation and insurance have been provided. Such certificates shall specify the date often such compensation and insurance have been provided. Such eenifieetes shall specify the date when such compensation and insurance expires The Scllcr agrees that such compensation and insurance shall be maintained until fiber the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes fire ratio, responsibility and liability for any and ull damage, loss or injury crony kind or nature whatsoever to persons or prorMy caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or ,It of the Purchasers officers, agents and employees fmm and against are 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 part of the Scllcr, any of his contractors. or any of the Sellers or contractors officers, agent, or employees. In cam any suit or other Proceedings shall be bought against the Purchaser, or its officers, agents 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 officers, secuns or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, a0emeys fee and other expense, any and all judements that may be incurred by or obtained against the Pnrchascr or any of its or their effects, 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 file Purchaser, or said panic in or as a result of such suits or other proceedings. the Seller will at once cause linesman to he dissolved and discharged by giving bond or otherwise The Seller and his contractors shall fake all safety precautions, furnish and install all gunrds necessary for the prevention of accidents, comply with all Innis and mmultdions with regard to safety including, but without limitation, fire Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 01/2010