HomeMy WebLinkAbout485142 KOLBE STRIPING INC - PURCHASE ORDER - 9123954City of
Fort Collins
Date: 07/11 /2012
Vendor: 485142
KOLBE STRIPING INC
550 TOPEKA WAY
CASTLE ROCK Colorado 80109
PURCHASE ORDER
PO Number Page
9123954 1o12
This number must appear
on all invoices, packing
slips and labels.
Ship To: TRAFFIC OPERATIONS
CITY OF FORT COLLINS
626 LINDEN STREET
FORT COLLINS Colorado 80524
Delivery Date: 07/11/2012 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
I Striping removal for Mason Str
11,300 Lin Ft @ $1.00 per LF
Work Order #162907-R
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
1 LOT LS
11,300.00
Total
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Pmrh.rD�b-T �c
I. COMMERCIALDETAIIS.
Tax "imposed BY smtac the City of Fart COMM 6 exe]npi from state and local taxes. Our Exemption Number is
99-04502. Federal Excise Tax Exempiton Cenife ne or Registry 94 6000587 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Su roes 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet Specifications, either when shipped or due to eefetts of
damage in transit, may be mournedtoyou for credit and ore not tobe replaced a cept upon rest ip, of wrinen
instruction; from me City of Fart Coll im.
Inspection. GOODS are subject to the City of Fan Collins inspection an naval.
Page 2 of 2
I I_ NO AVAIVER.
Failure .(,he Purchases, to insist -poll SVicl ponfirminallso Of it" terms Md conditions lira nf, (allure Or delay to
exerc¢e any tights artemedies provded M1odn or by law, f itme m prompny noti fy me Seller in the p,,, Of a
breach, the acceptance Ofor payment for goods hereundes or approval ofthe design shall not releose the Seller of
any of the warranties or obligations of Jns purchase order nand shell not be deemed a waiver Of any right of the
pumbaeer to insist upon strict performance hereof or my of its rights or remedies as to any such goods, regardless
of when shipped, received or accepted, as m any prior or subsequent default here indea nor shall any purported
oral modification or rescission of this purchase order by the Purchue, operate as a wafeet of any of the moss
hates(.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
auforimd payment on the part of the City of Fan Collins. Howevea it is to be undneaed that FINAL Seller and the Purchaser recognize that in actual ecom ce practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion wall applicable required inspection procedures. violations are in fact home by the Purchaser. "controls, for goad cause and as comidemtion for executing this
h d h S
Freight Terms. Shipments most be F O.R., City urban Collins 700 Wood St., Fort Callim, CO 90522, unless
otherwise specified on this order. lfpennission is given to prepay fieighl and charge separately, the anginal freight
bill most accompany invoice. Additional charges for packing will not or commit,
Shipment Distance. Where manufacturers bare disMbuting mium in venous parts of (lie country sh , ipment is
expected from the nearest distribution point to destination, and excess freight will be deducted froInvoice when
shipments are made fmm greater durance.
Permits. Seller shall procure at sellers sole cast all necessary permits, certificates and licenses requited by all
applicable laws, regulations, ordinances and rules of the state, municipality, territory ar political subdivuinn where
the work is preformed, Or required by any other duly c nowmaled public woumry havingjutisdiction over the work
of vendor. Seller further agrees to hold the City of Fan Collins harmless from and against all liability and lass
inn-red by tas hem by remand of an two, ed or esmblished violation of any such laws, regulations, ordinances, roles
requttrmenm.
Aummaation. All parties to Elio onfloocl agree that the represenmlives arc, in fact, born fide and possess full and
complete authority to bind said panda.
LIMITATION OF TERMS. This Purchase Ord,, expressly limi¢ accepance to the moan and conditions stated
herein set forth and any supplementary or additional temis and conditions annexed hereto or incomorated herein by
reference. Any additional or, differenrtemss and conditions proposed by seller art objected to and hereby rejected.
2. DELIVERY,
PLEASE ADVISE PURCHASING AGENT immediately flat cannot At complete shipment to am ve on your
promised delivery date as noted. Time is of me essence. Delivery and performance most be effected wihin the time
stated on the purchase order and the documents slashed hereto. No nets of the Purchasers including, without
limitation, acceptance ofpartial late deliveries, shall operate m a waiver of this provision. In the swent starry delay,
the PuoLLuer shall have. tomri iliou coo omer Is,[ and se li able remedies, the option of placing this aide, elsewhere
and holding Je Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays
due I causes at reasonnbly foreseeable which are beyond its reasonable control and without its foul t of negligence,
such acts of God, aces of civil or mi[ilay authorities, governmental priorities, fires, strikes, rood, epidemics, wars or
riots provided mat notice of the conditions causing such delay is given to the Purchaser within Eve (5) days of the
lime when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for me period equal to the time actually lost by reason drum dcley.
3. WARRANTY.
The Seller warrants mat all goods, articles, mateda]s and work covered by this aide, will confomr with applicable
drawings, specifintions, samples and/or omer descripians given, will N, fit for the pumpers intended, and
performed with the highest degree of care and competence in accordant, with accepted standards for work of a
similar nature. The Seller agrees to ]told the purchaser hmmless fmm any Ims, damage or exprnu which Je
Purchaser may suffer or now on account of the Sellers breach stylistically. The Seller shall replace, repair or make
good, wimwt cost to the purchaser, any deal ar faults arising within doe (1) year or within such larger period of
tins. may be prescribed by law or by the terms ofany applicable warranty provided by the Seller aver On date of
acceptance of the goods fmished hereunder (acceptance not to be commonality delayed), resulting from imperf t
or defective work done or materials famished by she Sent, Acceptance or use a goods by me Purchaser shall not
institute a waiver of any claim under this stationary, Except. olerwise provided in this purchase order, the Sellers
Habit try hereunder shall extend to all damages proximately tamed by thc breach of any of the foregoing wumnties
or gormnums. but such liability shall in no event include loss of profits or loss arms. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES B4 LEGAL TERMS.
The Purchaser may make changes to legal temu by written change aide,.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to Or mom, other man legal [emu, including additions to or deletisom from
the quantities originally ordered in mI a specifications or drawings, by verbal or indent change order. If any such
change alTttd the amount due or the time of p,,fommnce hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
]It Purchaser may at mry lime by wrinen change order, terminate this agreement m to any or all poriona of the
goads then not shipped, subject 10 any equitable adjmtmenl bemw<en the panics u to any work or materials men in
progress provided not the Purchaser shall net be liable for any shims for anvii,oled profits so the uncamplened
yn oman of in, goods anal., work, , incidental or conecqurntal damages, and that no such adjustment be made in
favor of me Seller with respect to any goods which are me Sellers standard stock. No such termination shall relieve
no Purcbaer or the Seller orally of Weir obligations as m ony gomu delivered hereunder.
a. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within Judy (30) days fmm the date the change or mmdnmlon is
ordered.
S. COMPLIANCE WITH LAW.
The Seller warrants that all goads sold hereunder shall Inv, been produced, sold, delivered and famished in sleet
ompliance with all applicable laws and regulations to which the goads are subject The Seller shall exetmte and
deliver such dacumenu as may be required to effector evidence compliance. All laws and regullmons required to be
incorporated in agreements of this character art hereby incorporated herrin by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all cods mid damages offiard by die Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, Ja.are,. w convey this order, or any monies due or to become due hereunder without the
prior written contact of the omer party.
10. TITLE.
The Seller worcrom full, clear and Unlimited tide to the Purchase for all equipment, matmals, and items fumuhed
in performance of this agreement. free and clear of any and all liens, menstrual, reservations, security moment
ercambraneor and claims owners,
pate arse or en t e tier hereby assgns to On Purchaser troy and all claims it may now have or hereaRer
acquired under federal or state antitrust laws for such overcharges relating to the panicular goods or section
purchased or acquired by the Purchaser pursuant to this purchase older.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If me Purchases directs the Seller to coned owlearfosming or detective goods by a date to be agreed upon by the
Purchoer and the Seller, and the Seller thereatler indicates its inability or unwillingness to comply, the Purchase,
may are the work m be performed by the most exprdtlious means available to it, and the Seller shall pay all
caam associated will, will work.
The Seller shall release the Purchaser and its com actors of any tier fora all liability and claims of any aware
resulting from the pantomimist ofsach work.
This releme Shall apply even in the event of fault of negligence of Ilse party slowed and shall extend to the
directors, officers and employees ofsech party.
The Sellers communist obligations, including warranty, shall not be dremeci to be reduced, in any way, because
such work is performed or caused to be performed by me Dominica.
14. PATENTS.
Whenever the Seller is required to use any design, device, mama[ or process covered by Imeq paten[, nademork
or copyright, the Seller shall indouni fy and save hamiless me Purchaser from any and all claims for Infringement
by moon of the use of such patented design, device, mottos[ Or process in connection with Or contract, and
shall mdwwdy die Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofnuch
infringement at any time during the prosecution or after the completion of the work. In case said equipment, or
any port thereof or the intended use of the goads, is in such suit held to solution, infnllmovent and the me of
said equipment or part is acjoinrd, the Seller shall, at its own expense and at its option, either procure for no
Purchaser the right to continue using said equipment or pans, replace the same with subsmntially equal bar
rumufringtng aquipmenp or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall became insolvent or bmdrupq make an assignmsnt for the benefit of creditors, appoint a
receiver or tmsme for 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 teed or no intetpreration oftbe agreement and the Hall of ell ponies hereunder shall be
camfed under and governed by the laws arms, State ofC.Randr, USA.
The following Additional Conditions apply only in cases where Or Seller is to perform work toweundeq
including the server. offences Reposeamtive(q, era the premises ofothers.
17. SELLERS RESPONSIBILITY.
The Seller shall curry an said work at Sellers own risk unfit the same is fully compleed and accepted, and shall,
in case of any accident, destruction or injury to me work and/or mamrials before Sellers final completion and
computer, camplem the work al Seller's own expense and to the satisfaction of the Purchaser. When matmals
and equipment am famished by Deers fr, imuludan or erection by the Seller, the Seller shall clothes, unload,
store and handle same at me site and became responsible therefor as though such materials OrNor equipment
were being famished by the Seller under the order.
IS. INSURANCE.
The Seller shall, at his own expense, provide for the payment of winker, conipsamill on, including occupational
disease benefits, to its employees employed an or in connection with Use .,it covered by rats purchase ordeq
and/or to their drprnderm in oorordanse wins the laws of not smut in which On work is to be done. The Seller
shall also carry comprehensive formal liability including, but not limited to, contractual and automobile public
fund it, insurance will, bodily injury and death limits of at least S300,000 for any not person, S50,000 for any
one accident and property, damage limit per accident of SHOO. ll The Seller shall likewise require his
contractors, if any, to provide for such compwasurn and insurance. Before any of the Sellers or Ibis contractors
employees shill do any walk upon the premises of rural, the Seller shall famish the Purchaser with a resonant
that such compensation and imumnce have been provided. Such emificates shall specify the date when such
compensation and insurance have been provided Such certificates shall specify the dam when such compensation
and insurance expires. file Seller agrees [hat such compensation and insurance shell be maintained until after the
entire walk io completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire rtspoissOf it, and liability far any ..ad all damage, was or injury cl any kind
or naNre whatsoever to persons or property caused by or resulting from the execution arms work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold hamdess the Purchaser and any
or all oftlm Purchasers oncen', opera .,it employees front and against any and all claims, losses, damages,
thargn or expenses, whetter direct or indirect, slid whether to persons or property to which On Purchaser may
be put or subject by Mason of any act, Dorian, neglect, omission or default on the pan of me Seller, any of his
contractors, or any of the Sellers or contractors unions- agents or employees. In case ony suit of other
proceedings shall be brought against no Purchaser, or its officers, agents or employees at any time on aocouat of
by reason of any an, action, neglect, omission or defauh of no Seller of any of M10 corrmtldrs or any of its or
their officers, agents or employees as ignition, flit Seller hereby agrees to volume the defense thereof and to
defend the same am the Sellers own expense, to pay any nod all owns. share., onamrys fees and omer expenses,
any aM at I judgments mat 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 lien be placed upon or
crowned against the property of the Purchoer, or said parties in or as a mutt of such suits or Oliver proceedings,
the Seller will at once cause see move to be dissolved and discharged by giving bond or ofeevese. The Seller and
his contractors shall take all safety precautions, famish and mostall all guards demwor, far the pre mmion 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 may nod regulations issued pursuant thereto.
Revised 03R010