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HomeMy WebLinkAbout538327 RABINE SEALCO - PURCHASE ORDER - 9143326Fort Collins Date: 06/12/2014 Vendor: 538327 RABINE SEALCO 600 INNOVATION CIR WINDSOR CO 80550 PURCHASE ORDER PO Number Page 9143326 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 06/12/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price t Furnish labor, materials 1 LOT LS and equipment to complete the 2" mill, - 4' concrete pans, minor curb replacement, misc. patching and 2" overlay to the existing east parking lot at the Senior Center for phase one as per site plan, quote dated 6/11/14 and agreement dated 6-12-14 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 680, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fogov.com 59,526.00 Total $59,526.00 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 mature the City of Fort Collins b exempt from stem and local taxes. Our Exemption Number is 11. NON WAIVER. 98-0 502. Federal Excise Tax Exemption Cmificam of Registry 84-600o587 is registered with the Collamr of Failure of the Purchaser to insist upon strict performance of the mtms 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 Me Seller in the event of a branch, the acceptace of or payment for goods hereunder or approval ofthe design, shall not elease she Seller of Goods Impacted. GOODS REJECTED due to failure to meet sped fiatlom, either when shipped or due to defects of mY of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in marsit, may he armed to you for credit and are not to W replaced except upon receipt of wrinrn purchoer to iroist upon strict performance haumfor any of its rights In remedies as to any such goods, ormad)ess imm chow s form the City of Fort Collins. of when shipped, received or accepted, or to any prior or subsequent default hereunder, nor shall any parponed am] modification or racission of Nis purchase order by the Pumhaser income as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Raeipt of thd merehandiw, services M ryuiprtio in mspome m this order as asull in 12. ASSIGNMENT OF ANTITRUST CLAIMS. amhorisad payment on the pan of the City of Fort Collins. However, it i5 to be, uademood that FINAL Seller and the Purcbmer recognize that in actual a talc practice, ovecha,gn resulting ft. antitrust ACCEPTANCE is dependen upon eomplerion of all applicable required inupectian procedures. violations arc in fact bome by the Puahmer. Theretofore, for good came, aM m consideration for executing obis purchase order, the Seller hereby reesigm la the Purehsser any and all claims it May now have or berezfl<r Freight Terms. Shipments mot be F.O.B., City of Fort Collins, 7W Wood Su, Fort Collins, CO 80522, anless acquired under federal or sum mamusr laws for such avemhmges relating to the particular goods M services otherwise specified on this order. If permission is given cos prepay freight and charge sepamrely, the original freight to mhmed or acquired by the Purchase pursuant to Ws pushiew ordl bill most accompany invaice. Additional chagrs for Parking will not h accepted. Shipment Distance. Where manufacturers have distributing palms in Venom pans of the country, Shipment is expected form the naram distribution prim to damnation, and excess freight will be de&rted from Invoice when shipments are made from greater distuttce. Permits. Seller shall prrcure nt sellers sole cost all necessary permits, ice rdficat, and licenses namned by all applicable laws, regulations, ordinances and Mies of the state, municipality, mmmry or political sabdiasion where the work is performed, or capital by any other duly constituted public authority having jurisdiction over the work of ven&r. Seller further agrees to hold the City of Fort Collins hmmless fmm and against all liability and loss incurred by them by reason of as .,send or established violation of any such laws, regulations, ominanas, rules and requirements. Authmimlion, All panics is this crnlou t agree that the representatives are, in (ad, bona fide and possess full and o r,lem authority m bind said p:mies. LIMITATION OF TERMS. 'This Purchase Order expms ly limits acceptance to the terms and conditions stated herein set forth and any supNe imntury or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or differs., tame and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediaely Ifyou annul make complem shipment m arrive on your promised delivery data as noted. Time is of the assent¢. Delivery snit performance must be effected within the time stated on the purchase order and the documents attached harem. No acts of she Purchusers including, without limitation, acceptance of par ial late deliveries, shall operate ex a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and yuitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages However, the Seller shall no, be liable for damages as a result of delays due to waves not reasonably foreseeable which are beyond its rawnable control and without its fault afneghgace, such acts rfGad, aces of civil or military authrdtim, governmental enmities, fires, Strike, Rood, epidemics, wars or riots provided the, nonce of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Server first received knowlplge thereof In the event of my Such delay. the &ter of delivery shall be extended for the period refund to the time eat lost by reason of the delay. 3. WARRANTY. The Seller wormers that all goods, articles, materials and wok covered by this order will mnfom with applicable drawings, specifications, samples maker other descriptions given, will be fit for the puryoxs into . and performed with the highest degree of are and compere om in acomana with accepted standards for work of a Similar nature. The Seller agrcm we hold the purchaser, hanks fmm any loss, damage m expense which the Purchaser may suf r or incur an serum, of the Sellers btaech of eematy. The Seller shall replzce, repair or make good, wishou, cos. 1. the purchaser, any defects or faults ansing within one (1) year or within such longer period of time Or May he prescribed by law or by the mots army applicable wertmry pm.ided by the Seller after the date of acceptance of the goods fumishad hereunder (accrpmme Out to be unreasonably delayed), resulting firm imperfect or defective work dune or materials famished by the Seller. Acceptance or use of goods by the Pumhaser shall out onstimm a waiver of any claim trader this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend no all damages proximately amed by the breach of any of the foregoing warranties or gumaatces, but such liability shall in no event include loss of profits or loss of rose. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal limits by written change order. 5. CI4ANG ES IN COMMERCIAL TERMS. The Purchaser may make any ehnnges m the terms, other than legal terms, including additions to or deletions fmm the ymmtitin originally ondercd in the spccifcationv or drawings, by verbal or written change oNe¢ If any such change affects the amount due or the time ofperfomum n, hereunder, an aunable odjustmen, shall be made. 6. TERMINATIONS. The Purchaser may at any lime by written change order, terminate this agreement as to any or all portions of the goods then no, shipped, subject to any cquimble adjos,men, between the parties as to any work or materials then in progress provided that the Purchase shall not be liable for any claims fur anticipated profits on the ancomplerrd portion of the goals and/or work, for incidental or consequential damages, and door no such adjustment he, made in favor of the Seller with aspect to any goods which are the Sellers sundam stock. No such rumination shall relieve the Purchaser or the Seller of any oftheir obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjmtment most be asserted within thirty (30) days from the date the change or termination is ooerd. 8. COMPLIANCE WITH LAW. The Seller warrants that all gaols sold hereunder shall have been produced, sold delivered and Monistical in strict compliance wish all applicable laws and ormuniom to which the goods are sub,-L The Seller shall exec¢ and deliver such d .nets as may be required to effect or evidence amnli aae. All lax, and regulariom ra mmd to be incorporated in agreements of this character . hereby incorporated herein by Us refemori The Seller ogre, to indemnify and hold the purchaser harmless from all reeks and dernag, suRemd by the Purchsser IS a result of the Sellers &it= to comply with such Law. 9, ASSIGNMENT. Neither parry shall assign, number, or comroy this order, or my monies due or to become due hereunder without she Pont written comrnt ofthe other parry. 10. TITLE. The Sella ..is full, clear and umntrialad title to the Purchaser for all equipment, materials, aM it. frnixhad in Performance of this agreement, f and clear of any aM all ]am. restriefime, resemfioa. security interest encambancm and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Potahaser directs the Seller to contact nonconforming or detective goads by a date to be agreed upon by the Purchaser and the Shce, and the Seller browner indicates f, inability ar wwillomwea m comply, the Purchase, may cause the work I. be performed by the most expeditious metre available to it, and the Seller Shall pay all costs associated with such work. Thr Seller shall release the Purchaser and its contactors of any tier from all liability and claims of any mature nulling from the performance of such work. This relase shall apply even in the event of fault of negligence of the pony, released and hall extend m the directors, officers and employees ofsuch party. 'Ire Sellers contractual obligations, including warranty, shall not he deemed to be reduced, in any way, because such work is perforated or caused to be performed by the Purchaser. 14. PATENT S. Wbanever the Seller is required to use any design, device, material or process covered by letter, paten. trademark or copyngf, 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, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said ryuipmen. or any pan thereof or the intended use of the goods, is in such suit held to consnmte infringement and the use of said equipment or pan 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 pats, replaa the same wish substantially agml but noninfrm ing equipmrnr, or modify it so it becomes nrninfinging. 15. INSOLVENCY. If the Seller shall become insolvent M batdrup, make an assignment for the benefit of creditors, ap,in, a murnse,or trustee for any of the Sellers pmpeny a business, this outer may forthwish be conceled by the Purchaser without liability. 16. GOVERNING LAW. The defnifioas arm. turd M the mitarptaution ofthe ameprrent and the right ofall pant, hereunder sbull Ira rumored polar and loaned by the laws ofthe State ofColomdo, USA. The following Additional Cnditiom apply only in cases where the Seller is in perform work hereunder, including the wrricn of Sellem Ramesenutive(s), on dae premises ofoshem 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in cmc or any accident, destruction or injury us the wok condor matmak bit Sellers final completion and acceptance, complete she work at Sellers own expeme and to the Satisfaction of she Purchawr. When materials and equipmem art fumishrd by others for immllinum or erection by Be Seller, the Seller shall receive, unload, stare and handle same at the site and became responsible therefor m though such matenuls and/or equipmem were being famished by the Seller under the order. 18. INSURANCE. The Seiler shall, at his own expense, provide for the payment of wodens compensation, including occupational disease bandits, to its employees employed on or in connection with the work covered by this purchase order, ..War to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including. but not limited to, contractual and automobile public linbilny imumnue with bodily injury and death limits or., least $300,000 for... one Person, 55tal,tain fir my accidentone and property damage limit Per occident of 5400,000. The Seller shot[ likewise require his emn, deny. ,, provide far such compensation and insumnev. Before any of the Sellers or his contractors employers shall do any work upon the promises rf others, the Seger shall famish she Purchase, win, a cerificate that such compensation and insurance h as been provided. Such mr ife.res shell specify the date when such compenmtion and insurance have been provided. Such affiliates shall specify the date when such compensation and importer expires. The Seller agrees that such compensation and insurance shall be maintuined until afarthe entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby a mass the dmin, impossibility and liability for any and all&cage, loss or injury of any kind ratan, whammva to persons nr property caused by or resulting fmm the execution of the work pervaded for in ,his purchase outer or in Somalia. ficrawidi The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agents and employees from and against any and all claims, loss,, damages, charges or dxpanses, whether direct or indirec. and whether to persons or progeny to which the Purchase may be put or subject by ocamn Of any on, Belton, neglect, omission or default on the pan of she Seller, my of his .abMe, Iwas , or my of the Sellers or contractors officers, agents or employees. In ance, any suit or other proceedings stall he brought against the Purchaser, or its officm, agents or employees an my time on account or by sawn of any act, action, neglect. omission or default of the Sella of my of his contractors or any of its or their officers, agents or employes m aforesaid, the Seller hereby agrees m assume the defense former and to defeM she same at the Sellers own extrinew, to pay my and all casts, charges, atbmrys f and o0mr expemes, any and all judgments that may be incurred by or obtained against the Purchase or any of its or theh oRcers, agents or employes in such suits or other proceedings, and in Miss, judgmrnt or other Iran be placed upon or obtained against the pmlxny of the Purchase, or said parties in or as a result of such suits or other pocredings, she Seller will at ono muse the same to be dissolved aM dicchargd by giving WM or oshervise. The Seller and his contraction shall take all Safety pncaations, burnish and imull Al guards necesmry for the prevention of accident, comply with all laws and regulations with regard 10 Safety including but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant the mor Revised 03f2010