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HomeMy WebLinkAbout202421 CUTLER REPAVING INC - PURCHASE ORDER - 9123446Fort City of Collins Date: 06/13/2612 Vendor: 202421 CUTLER REPAVING INC 921.E 27th LAWRENCE Kansas 66046 PURCHASE ORDER PO Number Page 9123446 1.of2 This number must appear on all invoices, packing slips and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS Colorado 80524 Delivery Date: 06/13/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered Unit Price Extended Ordered Price PER TERMS & CONDITIONS OF 1 LOT LS, 198,114.19 BID 6077-2012 RENEWAL AND PER AGREEMENT DATED MAY 11, 2012 2 _ Street & Bridge Maint Sery 1 LOT LS, 239,155.81 Total $437,270.00 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 Invoice Address: 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 statute the City of Fort Collins is exempt from state and local woes. Our Exemption Number is 1 I. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the tram and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smmtes 1973, Chapter 39-26, 114 (a). exercise any rights m remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of a payment for goods hereunder or approval of the design, shall not release the Sella of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of env of the warranties or obligations of this purchase order and shall not be Beamed 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 written purchaser to insist upon strict performance hereof or any of its rights or remedies m to any such goods, regardless instructions from the Ciry of Fon Collins. of when shipped, received or accepted, m to any prior or subsequent default hereunder, nor shall any purported oral modificalion or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject o the City of Fair 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. authoriwd payment can the pan of the City of Fan Collins. However, it is to be understood that FINAL Seller and the Purchaser recognin that in actual economic practice, mercharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Pamhaser any and all claims it may now have or hereafter Freight Tema. Shipments mull be F.O.B., City of Fon Collins, 700 Wood St., Fort Collins, CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services 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 invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destruction, and excess freight will be deducted from Invoice whin shipments are made from greater distance. Permits. Seller shall procure at sellers sole Test all necessary permits, certificates and licenses required by all applicable laws, 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 Fan Collins harmless from and against all liability and loss incurred by than by reason of an asserted a established violation of any such laws, regulations, ordinances, Mies and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to hind said parties. LINUTATION 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 hereto or incorporated herein by reference. Any additional or different tenors 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 arrive on your promised delivery data as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the doc mamas attached hereto. No ants of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event orally delay, the Puuchaser shall have, in addition to other legal and equitable remediei, the option of 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 at reasonably foreseeable which ate bevmd its reasonable control and without its fault of negligence, such as of God. acts of civil or military authorities, governmental priorities. fires, strikes, Rood, 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. hi the event of any such delay, the date of delivey shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants 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 cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any Ims, damage or expense which the Purchaxer may suffer or incur on account of the 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 terms of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done Or materials furnished by the Seller. Acceptance or me of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately mused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or Ins of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchmer may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purcbmer may make any changes to the term, other than legal terms, including additions to or deletions from the quantities originally ordered m the specificatiom or drawings, by verbal or wralm change order. If any such change affects the amount due or the time of performance hereunder, an egtn=ble 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 be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Sella with respect to any goods which ate the Sellers standard stock. No such termination shall relieve the Purchaser Or the Seller army of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim fur adjustment must be assured within thirty (30) days from the date the change or termination is Ordered 8. COMPLIANCE 'AM LAW. The Sella warrmts that all goods sold hercunder shall have been produced sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Sella shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated berem by this reference. The Sella agrees to indemnify and hold the Purchma hmmless from all costa 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, a convey this order, or any monies due a to become due hereunder without the prim wrinen consent of the other par. 10. TITLE - The Sella warrants full, clear and nonrestricted title to the Purchase for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all lieu, restrictions, reservations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. - If the Purchaser directs the Seller to cornet nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Sella, and the Sella thermfier indicates its inability or unwillingness to comply, the Purchaser 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 work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of sucb 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 par. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by'the Pmchma.- , 14. PATENTS. Whenever the Seller is required to use any design, device, material cur 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 shall 'indemnify the Purchaser for any cost, expeme or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of after the completion of the work. In case said equipment, or any pan thereof or the intended me of the goods, is in such suit held to constitute infringement and the we of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option. either procure fur the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfiinging equipment, or modify it so it becomes matinfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver Or trustee fur any of the Sellers property or business, this Order may forthwith be canceled by the Purchaser without liability. ' 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all parties hereunder shall be construed under and governed by the laws of the Sate of Colorado, USA. The following Additional Conditions apply only m cases wbae the Seller is to perform work hereunder, including the services of Sellers Represenanve(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall cam on said work at Seller's own risk until the same is fully completed and accepted, and shall, in rase of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for immllatim or erection by the Sella, 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 finished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide fur the payment of workers compensation, including occopatioml disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the sate in which the work is to be done. The Sella shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, S500,000 for any me accident and proper' damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, 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 furnish the Purchaser with a certificate that such compensation and minimum have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained unfit after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind Or nature whatsoever to persons or property mused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Purchaser and any m- all of the Purcham officers, agents and employees form and against my and all claims, losses, damages, charges or expanses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by remon of any act, action, neglect, omission or default on the pan of the Sella, 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 ofhcets, agents or employees at any one on account or by reason of any an, anion, neglect, omission or default of the. Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid the Sella hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and ail costs, charges, momeys fees and other expenses, any and all judgments that may be incurred 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 Ilan be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once came the same to be 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 with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010