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HomeMy WebLinkAbout538327 RABINE SEALCO - PURCHASE ORDER - 9143161City of /11 , rt Collins Date: 06/09/2014 Vendor: 538327 RABINE SEALCO 600 INNOVATION CIR W I N DSOR CO 80550 PURCHASE ORDER PO Number Page 9143161 1of2 This number must appear on all invoices, packing slips and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 06/09/2014 Buver: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price t Police Services Crackseal/Patching reference quote dated 5/1/14 per Zach Milewski Police station - Cracksealing - 950lbs @ $1.75 = 1,662.50 Infrared Patching - 20 ea @ 75.00 = $1,500.00 Total = $3,162.50 Contact: Jarrod Haveran (970)221-6615 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul 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: 3,162.50 162.50 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 rXerapanous. By statute the City of Too Collins is exempt from slate and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of [at emal Revenue, Deaver Coleman (Ref Cabinet, Revised Emwtes 1973. Chapter 39-26,114 bd Goods Rejected. GOODS REJECTED due a failure to meet specifications, titer when shipped or due to defects of damage in tnmit, may be remmN to you for credit and eve not to be ro,[.rd except upon receipt of xriam instructions from the City of Pon Collins. Emporia.. GOODS are subject o the City of Pon Collins Is,calum on unival. Fast Acceptance. Receipt of the merchandise, services or equipment in nespame to this order can result in archon ad payment oa the pm of the City of Fon Collins. However, it is to be understood tat FINAL ACCEPTANCE is dependent upon completion of all applicable sluiced ispm,ion pmcedurs. Freight from, Shipments must be F,O.B.. City of Tom Collins, 700 Wood Sr, Fort Collins, CO 90522, unless otherwise sperifed an this order. If pormission is given hs prepay freight aml charge separately, (lie original freight bill must accompany amoor. Additional charges for perking will not be accepted. Shipment Distance. Where noanuLacwrers have distributing points in various pm of the country, shipment is expected from the nearest distribution Point to destination, and excess freight will be deducted from Invoice when shipments are made form greater distance. Permits. Seller shall procure at sellers sole cost ell caressar, permits, certificates and licenses required by all applicable laws, regulations, ordinances and mles of the state, municipality, territory or political subdivision where the work is perforated, or required by may other duly cumulated public authority having jurisdiction over the work of vendor. Seller further agrees to bold the City of Tom Collins hmmons from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and quiremet.. Automation. All panics to this contract agree that the represerearives are, in fact, from fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purdase Order expressly limns acceptance to the terms and conditions stated herein set forth and any supplementary or additional teams and conditions annexed hereto or incoryormed herein by reference. Any additional ar different terms and condition proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment m alive on your promised delivery date s note. Time is of the essenco Delivery and performance must be effected within the time stated on the purchase Order and fie decorators ascribed hrmm. No acts of the Purchasers including, without limitation, acceptance ofptial late deliveries, shall operate is a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remNies, 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 tool, of delays due to causes nut reasonably foreseeable which are beyond its reammble control and without a¢ fault of negligence, such acts of God, acts armed or military authorities, gwemmenal pnantirs, 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 be extended for the period e,aal'o to time actually lost by roam r offl a delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specification, samples andim other descriptions given, will be fit for the purposes intended, and performed wit the highest degree of care and competence in accordance with accep tJ standards fat work of a milt, brute. The Seller agrees to hold the purchaser hmmless from any lass, damage or as,. which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost o the purchase, any defects or mulls arising within one (1) year or within such longer period of time as may be preuobed by law or by the temp of my applicable warranty provided by the Seller after the date of acceptance of the goods fumishad hereunder (acceptance not to W unreasonably delayed), resulting from imperfect or defective work done or materials f rmishad by the Seller. Acceptance ar nor of goods by the Purchaser shall net wmtitute a waiver of any claim under this w immV. Except as otherwise provided in this purchse order, the Sellers liability hereunder shall extend to all damages pmximatcly ormcd by the breach of any of the foregoing wut 1,ex or guanntms, but such liability shall in no team include Inss of,Ofit, or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tenor, other than legal terms, including additiom to or deletions from the 9onmities mit in:dly ordercal in Ne specifics.. or arawings, by verbal or wnuen cM1ange ordertf,my such change affects the amount due or the time ofperfomsxnce hereunder, as equitable adjustment shall be made. 6. TERMI NAT10NS. The Purchaser may at any time by wnuen change meet. moreover this agreement s m any or all ponies of the goods Hen not shipped, subject to any equitable adjustmrnt between the parties as to any work or materials Hen in progress provided that me Pmchaer shall not be, liable for any claims for anticipated proms on the uncompleted portion of the goods not work, for incidental or consequential damages, and that no such adjustment be made in favor of rbe Seller with respect he any goods which arc the Sellers standard stock. No such temonmion shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. ].CLAIMS FOR ADJUSTMENT. Any claim for adjmtment most ed assured within thirty (30) days from the date the change or termination is ordered 8. COMPLIANCE WITH LAW, The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in stricl compliance with all applicable laws and regulations no which the goods are subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations raleired to be incorporated in agreements of this character are hereby intertwined herein by this mRmnce. The Seiler ogress to indemnify and hold the Purchaser harmless from all eso and damages suRetcd by to Purchaser as is result of He Sellers failure to comply wom such law. 9. ASSIGNMENT. Neither pang shall assign, transfer, or convey this order, or any monies due or to become due hereunder without 'he poor woman consent oft, other party. 10, TITLE. The Seller warrants full, clew and announced title in the Purchaser for all equipment, aratenats, and items famished n performmce of this agreement, free and deer of any end all liens, rstricti me, recriminom, semanty inters, encumbrances and claims ofomers. 11. NONWAIVER. Failure of the Purchaser to insist upon strict porformsnce of the rem¢ and conditions hereof, failure or delay to xany rights remedies provided herein err by law. failure Io promptly notiry the Seller in the event ors beach em m me acceptance of or payment for muds fiereunder or approval of the design, shall Out relrese the Seller of any of the xaoa ,a. or obligations of this purchase order and shall ram be deemed a waiver ofany right of the purchaser in insist upon stnct Performance hoomfor any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported and acidification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaer me per, that in actual a is practice, overcharges resulting from ast ntitru violations are Purchaser, Ther in fact Some by me eroforenfongood acrtu and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or sure antitrust laws for such overcharges relating to the particular goods or services purchased or requirnl by the Purchaser pursnnnt to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS ORLIGAI'IONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a dam to be agreed upon by the Purchaser and the Seller, rod to Seller thereafter indicates its isbaliry, or unwillingness a comply, the Purchaser may cause the work to be performed by the most expenditures memo available to it, and do 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 nnmre rewtin, bought parfnnmce of such work. If,, release shall apply even in the event of fact, of negligence of the party released and shall extend m the directors, officers and employees ofsuch party. The Shcees contmdual obligations, including warranty, shall not be dented 10 be reduced, in any way, became 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 parent, trademark or copyright, the Seller shall indemnify and save harmlms the Purchases from may and all claims for arraignment by reason of rue use of such patented design, devlre, rrutenal at process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by mason ofsuch Infringement at any time during the protection or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is if such soh held to comtitute infringement ones be use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either prover, for the Patch-,, the milt to continue min, said equipment or an,, replace the same with substantially equal but noninfdngfng equipment, or modify it so it becomes countersinking. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors. appoint a or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser within liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation order agreement and to rights of all ponies hereunder shall be announced comer and command by the laws ofthe Scare of Colomdo,USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, melodic, the services of Sellers Represenlntive(s), im the premises efoters. IT. SELLERS RESPONSIBILITY. The Seller shall cony on said work at Stllees own risk until the same is fully completed and accepted, and shall, in se of my accident, deswction or injury to the work modem mammals before Sellers final completion and acceptance, complete the work st Settees own expense and to the satisfaction of the Puncheon. When mmcrials and a mp. are famished by i ters for inamllation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such maerials and/or equipment were being tmishcd by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expene, provide fir the payment of workers compensation, including memp tional disuse benefits, to its ard,syms employed oa or in connection with to work covered by His purchase order, and/or to more de mantle , in accordance with the laws of the it an which the work is m be, done. The Seller shall also cart' comprehesive general holiday including, but not limited as emotional and automobile public Iinbih, irsamorice with paddy into, and death limier of car lent' Sma..n rot any one perwq Vanden far any one accident and properly damage limit per accident of $400.000, The Seller shall likewise require his contractors, it any, to provide for such compaaadon end msunnae. Betore any of the Sal lets or his amu-sa s employees shall do any work upon the premises of others, the Seller shall f ish He Purchaser with a cedifirme that such comPabonion and insurance lave been provided. Such conditions shall specify the date when such compensation and insurance have been provided. Such cenificales shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall b<mainained until aftm the entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENT'S AND DAMAGES. The Seller hereby assumes the entire reepo:nibility and liability for any and all d mage, loss or injury of any kind Or metre whatsoever to persons or reopen caused by or resulting from the execution ofthe work provided for in this puchase order or in connection herewith. The Seller will indemnify and hold hmmless the PumEzser and any or all of me Puchasers officers, agents and employees from and against any and all claims, losses, damages, charge or expeaez, whether direct or indirect, and whether m perms in property to which me Franchiser may be put or subject by meson of my act, action, neglect, omission or def cam on the pan of the Seller, any of his communes, 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 Soler of any of his contractors Or any Of in or their ollivent agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and m defend the same at the Sellers own a.,., to Pay any and all costs, charges, anomeys fees and other expemcs, eery and all judgments chat may be cam med by or obmmed against the Purchaser or any of its or Heir officers, agents or employees in such suits or other pmeeedims, and in taut judgment or other lam be placed upon or obtained agaist He property ofthe Perchser or .,it proms to or as a.11 of such suits or offer proceedings, the Seller will at once cause the mine to be dissolved and discharged by giving bond or otherwise. The Seller and his comments shall take rill safety precsutims, famish and install all guards necessary for He prevention of accidents, comply with all laws and regulations want regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and rill rules and regulation issued pursuant themto. Revised 03R010