Loading...
HomeMy WebLinkAbout372543 ROCKY MOUNTAIN PAVEMENT - PURCHASE ORDER - 9123213PURCHASE ORDER PO Number Page City of 9123213 1 of 2 This number must appear Fort Collins"''on all invoices, packing slips and labels. Date: 06/05/2012 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: 06/0512012 Buyer: JAMES O'NEILL Note: Line Description Quantity Ordered UOM Unit Price Extended Price 835 Wood St -Fuel Island 1 LOT LS 5,535.36 Repair asphalt pavement using infrared method and apply 3 coats of Polymer Modified Sealer. City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, 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 $5,535.36 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tcrms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax ewmptions. By statute the City of Fort Collins is cscntpt (rearsate and local taxes. Our Exemption Number is It NONWAIVER. 98-04502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered With the Collector of Failure of the Purchaser to insist opon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach. the acceptance ofor payment for good, hereunder Or approval of the design. shall ram release the Seller of Goods Rejected. GOODS REJECTED due to fnlare to meet specification, either when shipped Or due to defects of any of the warnmics or obligations of this parchase order and shall not be devoted a Waiver of any right of the damage in transit. may be rctumcd to you for credit and arc not to be replaced except upon receipt of Written purchaser to insist neon strict performance hcrcefor any of its rights or remedies as to any such goods. regardless instructions from the City of Fon Collins. of when shipped, received or accepted: as to any prior or subsequent default hereunder. nor shall any purported on] modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the temw Inspection. GOODS am subject to the City of Fort Collins inspection on arrival. hereof. Final Accepancc. Receipt of the merchandise. services or equipment in response to this order can result in 11 ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins, Hoacvcr, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice. overcharges resulting front amimst ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Puchnscr. Theretofnm. for good cause and as consideration for executing this purchase order. the Seller hcrcby assigns to the Purchaser any and all claims it may now have or hercalter Freight Tcrms Shipments must be F.O.H., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522. anlec acquired under federal or state antimot Ina;, for such overcharges relating to the particular goods or services otherwise specified on this order. If pcnnission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pumtant io this purchase order. bill must accompany invoice. Additional charges for packing will not he accepted. I3. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manuf.'tcmrers have distributing points in carious 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 mar est distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller IhercnOcr indicates its inability or umwillingncsx to um plv, the Purchaser shipments arc made from greater distance. may cause the work to be performed by the most expeditions means available to it, and the Seller shall pay all costs associated With such Work. Permits. Seller shall prttmrte at sellers .sole cost all necessary permits, ecni5cmes and licenses required by all applicable laws, regulations, ordinances and ores of the state, municiplity, 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 Fort Collins harmless farm and against all liability and loss incurred by them by reason of an asserted Or established winlation of any such laws, regulations, ordinances, odes and requirement. Authorisation. All panics to this contract agree that the representatives are, in fact. bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions sated herein set forth .and any supplementary or additional terms and conditions annexed herein or incorporated herein by reference. Any additional or different terms and conditions pmpoecd by seller arc ohjcctcd 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 noted. Time is of the essence. Delivery and performance most be effected within the time .stated on the purchase order and the dncuntcros attached hcrem. 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 delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option m placing 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 control and without its fault of negligence, such acts of God. ..is Ofci,il or military authorities. gocmmeriml purifies. fires. strikes, Rood, epidemics, sears 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 dote of delivery shall be extended for the period equal to the time actually lost by reason ofthc delay. 3. WARRANTY. The Seller Wamnts that all goods. articles, materials and Work covered by this order Will conform with applicable dnnwings, specifications, samples and/or other descriptions given. Will he fit for the parpows 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 form any Ions, damage or expense Which the Purchaser may suffer or incur on account of the Scllcrs breach of wnrmnty. 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 terms ofany applicable warranty provided by the Seller after the date of acceptance of the good finnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done ar materials furnished by the Seller. Acceptance or use of goal by the Purchaser shall not constitute a waiver ofany claim under this Warr aty. Except as Otherwise presided in this purchase order, the Sellers liability hemander shall extend to all damages proximately caused by the breach of any of the foregoing wamntics or guarantees, bur such liability shall in no event include loss ofprofits or loss ofuse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal lams by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the term,, other than legal term, including additions to or deletion from the quamitics originally Omered in the sptti0wtions or drawings, by verbal or .amen change omc,. If any .such change affects the amount due or the time ofperformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser 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 parties as to any Work or materials then in progress provided that the Purchaser shall not he liable for any claims for anticipated pmlits on the uncompleted portion of the goads 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 tcmination shall relieve the Purchaser or the Seller of any oftheir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Aoy claim for adjustment must be asserted within thirty (30) days from the dam the change or termination is omcred. 8. COMPLIANCE WITH LAW. The Seller warrant., that all goods sold hereunder shall have bun produced, sold, delivered and furnished 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 to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agree to indemnify and hold the Purchaser harmless front all cost and damages suffered by the Purchaser as a result of the Sellers failure to comply With such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or eOnvcy this order, or any monies due or to beoome due hereunder without the prior Written consent oflhc other party. 10. TITLE. The Scllcr Wamnts full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims .f others. The Seller shall micii the Purchaser and its eontraemrs of any tier farm all liability and claims of any nature resulting form the performance.1'such Work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors. Officers and employees ofsoch party. The Seller's contmcuell obligations, including mammy, shall not 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 asc any design, device, material or pmccss covered by letter, parent, trademark or copyright, the Scllcr shall indemnify and cave harmless the Pnrehamr farm rely 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 Purchnscr for any cost, expense or damage which it may be obliged to pay by reason ofsueh infringement at any time during the prosccmion 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 snit held to constitute infringement and the one of said equipment or part is enjoined, the Seller shall, it its man expense mad at its option, either procure for the Pnrcloom the right to continue using said equipment or pans, replace the same With substantially equal but noninfringing equipment, or modify it .m it becomes mainfringing. 15. INSOLVENCY. If the Seller shall become insolvent or hanknipl make in assignment for the benefit of craliters. appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftemms used or the interpretation ofthe agreement and the rights Ofall parties hereunder shall be construed under and governed by the laws ofthc Slate of Colorado. USA. The following Additional Conditions apply only in eases where the Seller is In perfom Work hereunder. including the services of Scllcrs Rcprescntmive(s), on the premises ofolhcrs. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Sellers own risk until the same is fully completed and accepted, and shall, in case of env accident, destruction or injury to the work and/or materials before Scllcr',, final completion and acceptance, complete the work at Scllcrs own expense and in the satisfaction of the Purchnscr. When 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 become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall. at his men expense. provide for the payment of workers compensation. including occupational disease benefit,. to its employees employed on or in eurfacc vas With the work covered by this purchase order. and/or to their dependents in accordance with the laws of the slate in which the work is to he drum. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance .with bodily injury and death limit of m least S300,000 for any one person, S500.000 for any one accident and properly damage limit per accident of S400,000. The Seller shall liknvisc require his contractors, ifforty, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any Work upon the premises of others, the Seller shall famish the Purchaser With a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have hecn provided. Such ecnificams shall speeity 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 hcrcby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature 'Tac wcr to persons Or property, caused by or resulting form the execution ofthe Work pmvidcd for in this purchase enteror in connection herewith, The Seller will indemnify and hold harmless the Purchaser and army or all of Ore Purchasers oRccrs, agents and employees farm and agrimsl any and all claims, losses, damages, charges or expenses, whether direct or indirect, and Whether to persons or pmpcny to Which the Purchaser umv 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, agents or employees, In case any .suit Or Other proceedings shall be brought 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 oL.any of his contractors or any of its nr their officers, agents 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, ntmmevs fees and other expenses, any and all judgments that may be incumd by or obtained against the Purchaser 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 union or Obtained against the property orthe Purchaser, or said parties in ores a result of such suits or other proceedings, the Seller Will at once cause the mare to he dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply With all laws and regulations msith regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and rid odes and rega liumns issued puesant therein, Revised 63/2010