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HomeMy WebLinkAbout202421 CUTLER REPAVING INC - PURCHASE ORDER - 9143683Fort Collins PURCHASE ORDER PO Number Page 9143683 1o12 This number must appear on all invoices, packing slips and labels. Date: 07/01/2014 Vendor: 202421 Ship To: STREETS DEPARTMENT CUTLER REPAVING INC CITY OF FORT COLLINS 921 E 27th 625 NINTH STREET LAWRENCE KS 66046 FORT COLLINS CO 80524 Delivery Date: 06/30/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price t 2014 HOT -IN -PLACE CONTRACT 1 LOT LS 444,315.00 PER TERMS AND CONDITIONS OF BID 7513 2014 RENEWAL AND AGREEMENT DATED 6-26-14 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 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasingQfcgov.com Total 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 exempliom. By mimic The City of Fort Collins is exempt firm state and local taxes. Our Exemption Number u II. NONWANEII. 98.04503. Federal Excue Tax Exemption Certificate of Registry 84-6000587 is registered with fe Gellatm of Failure of Ne Producer to insist insist upon strict performance of the must and conditionsca[ conditions hvfailure or delay to exercise any Producerghts or remedies provided M1acin or by law, failure to promptly notify be Seller in to event of a formed Revenue, Dower, Colorado (Ref. Colorado Revised Some 1973, Chapter 39-26,114 (e). word, be acceptance of or payment for goods hereunder or approval of be design, shall not release be Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of fie damage in hansiq may be renamed to you for credit and are not to be replaced except upon receipt of written Irradiator to main upon strietperformance hereof or any ofits rights or remedies as to any such goods, regardless insnuctiona fmmi n, City ofFwt Collins. of who shipped, received or accepted, as to soy prior or subsequent default hereunder, oar shall any puryorted on] modification or readssion of this purebrse order by be Purchaser Woman as a waiver of any of the tomes Inspection. GOODS art subject to be City of Fort Collins impend= on uriv 1. hereof. Final Acceptance. Receipt of be merchandise, services or equipment in response to this order can result or 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pat of fie City of Fort Collim. However, it is to be understood fat FINAL Seller and be Purchaser recognrze that in aural aro is pree ice, overcharges resulting from antitrust ACCEPTANCE is dependent on completion of all applicable required inspection procedures. Won violations art in fact bone by be Purchaser. Theretofore, for good in = and as consideration for exerting this purchase order, the Seller hereby nsaigns to fie Purchaser any wad all charm it may now have or hamper Flight Terms. Shipments most be F.O.B., City of Few Collins, 900 Woad St, Fort Collins, CO 60522, unless acquired under federal or state national laws for such overcharges refiring to fe particular goods or airman otherwise specified on this order. Ifpetmission is given to prepay freight and charge opamtdy, fie original freight purchased or acquired by be Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges fir packing will at be accepted. 13. PURCHASERS PERFORMANCE OF SELLERSOBLIGATIONS. Shipment Where manufacturers havemanderi, in vniotuparts ohhecountry, ordifONS. r vbeondicategor dehctivegoods bygdate to beagreed upon the IfTherow twos eriti,mu awbeDivorce. and expected fmm be distribution prim m destmnon, evil excm freight will M deducted firm Invoice when anddirtcts.aSeller rim bo its inability or ingneu to complye the Purchaser Purchaser and be Seller, and be Sellery a form shipments era made form greater disantt. bea asset by be most expeditious means available to it, and the Soler shall pay all rosy cnuo be work to be available orfomed costs associated with such work. Permits. Seller shall sane sole cast all necessary pempali certificates and licenses squired by all atocurc rd of the state, territory or political subdivision where applicable laws, regulations, ordinances and The Seller shall the Purchaser and its contractors of any nor from all liability and claims of any nature mmd publicauthorityfi iy having over the work ,, d d public art the work or required by any other duly yeller ,tease resulting fmm the, performance of such work ainsdillian Fort Collins harmless from and against all liability and loss Rather Fort vendor. Seller Trains egos to hold the City . tined by them by reason of an asserted or established violation of any such laws, regulations, a,dimnces, ales in li This shill apply even in the event of fault of negligence of the parry rclessed and shall extend to fie .ad mgnirements, tors, o directors, atTicers and emplayas of such parry. Authonration. All ponies to this contract agree but fie representatives an, in fact, bona fide and possess full and complete su0roriry, to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits accepance to the terms end o.ditime stated herein set forth and any supplementary or additional terms and conditions annexed Irmo or incorporated heroin by reference. Any additional or different terms 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 come on your promised delivery darn as noted. rime is of be essence. Delivery and performance must be effected within be time stated an the pnrebao order end be documents amchN writer. No at of the Purchasers including, without limitation, acceptance of partial late delivaries, shall operate as a waiver of this provision. In the event of nary delay, the Porchaser shall have, in addition mother legal and equitable remedies, the option ofplacing 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 rouses not reasonably foresaable which are beyond its ..Me coatrol arrd wifout its fault ofnegligeae, such acts of God, was ofcivil or military authorities, governmental prionties, fires, strikes, flood, epidemic, wars at dots provided fat 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 thereoL In the event of any such delay, the date of delivery shall be extended for be period equal to be time actually last by reason offe delay. 3. WARRANTY. The Seller warrants That all goods, carries, 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 be highest degree of care and competence in accordance with accepted standards for work of a similar naNre. The Seller agees to hold the purchaser harmless Tom any loss, damage or a.,.e which fie Fumhaur may suer or incur on account of be Sellers breach ofwarrauty. The Seller shall replace, topic or make good, without costto be purchaser, any defects or faults arising within one (1) year mr wifin such longer period of time as may be prescribed by law or by the terms of my applicable warranty provided by be Seller after be date of acceptance of the goods furnished hereunder (acreptatme not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not summers a waiver of any claim under ands wartanry.Exceptas ofcraken provided in bus purchase order, be Sellers liability hatunder shall extent to all damages proximately caused by be brown of any of the faina,mrg write -firs or guacntns, but such liability shell in no event include lass ofprafts or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal to. by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any change to the terms, other fan legal terms, including additions to or deletions fmm the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such than, affects be amount due or the time trFerfommuae hereunder, an equitable adjustment shot[ be nmds. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of be goods then not shipped, subject to any equitable adjustment between the parties an to any work or materials fen 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 fat no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such mmrinstion shall relieve the Purchaser or be Seller ofaray of their obligations az W any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from to date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants pet all goads sold hetunder shall have been produced, sold delivered and fmuhed in strict compliance with all applicable laws and regulafions to which the goods am subject. The Seller 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 an hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all count and damages suffered by the Purchaser as a mutt of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transtcr, or convey this order, or any manses due or to become due hereunder without be prior written consent of be other party. 10, TITLE. The Seiler wro nu full, clew and unmtricted ode to be Purchaser for all equipment, materials, and item fiuuished in performance of fis agreement, fare and clear of any and all liens, conditions, nervations, sacunry interest . werind ranres and claims ofothers. The Sellers contractual obligations, including w menty, shall net be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever be Seller is rtluired to use any design, device, materiel or process covered by Inner, patent, trademark r copyright, the Seller shall indemnify and save harmless the Purchaer 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 be Pmahaser for any cos, expend or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after be completion of fie work. In rain said equipment, or any pan thereof or the intended use of the goods, is in such suit held to commute infringement and the use of said equipment or an is enjoined, the Seller shall, at its own expense and at its option, either protons for the Purchaser the right to common using said equipment or pans, eplace fie same with substantially equal but noninGnging equipment, or modify it se it becomes noniafringing. 15.INSOLVENCY. If be Seller shall become insolvent or bankrupt, make an assignment for be benefit of creditors, appoint a receive, 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 of terms seed or be interpretation ofthe agreement and the rights of all parties hereunder shall be constmed under and governed by be laws of the State of Colorado, USA. The fallowing Additional Conditions apply only to cases where the Seller is to perform work hereunder, including be services of Sellers Representative(.), as be premises of others. 19. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk unfit be same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete be work at Seller's own expense and or the satisfaction of be Purchaser. When materials and equipment art famished by others for installation or erection by be Seller, the Seller shall twelve, unload, store and handle rime at the site and became .,.thin derefor as through such marmots and/or equipment were being fmishedd by the Seller under the order. I S. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease bencfn, to its employe employed on or in connection with the work covered by this pumhare order, and/or to their dependents in wastrdsnce with the laws of be stale in which fie work is to ber done. The Seller shall also many comprehensive general liability including, but not limited to, mmracmal and automobile public liability insurance with bodily injury and death limits of at lees' 5300,000 for any one person, g560,000 for any e accident and property damage limit per accident of $400,000, The Seller shall likewise require his contractors, if any, to provide for such compensation and imunnce. Before any of the Sellers in his contractors employees shall do any wad upon the premises ofofen, be Seller shall famish On Purchaser with a certificate that such compensation and insurance have bcen provided. Such cenifemes shall specify, the date when such compensators and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller ngreas 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 hereby assumes be entire responsibility and liability for any and all damage, loss or injury mfmy kind or nature whatmever to persons or property curd by or resulting fmm be execution of be work pmHded for in III. purchase aMe, or in connection herewith. The Seller will indemnify and hold handless the Purchaser and any r all of the Purchasers affects, egents and employres Irons and against any and all claims, losses, damagas, charges or expenses, whether direct or indirect, and whether to persons or property to which be Purchaser may be put or subject by meson of any at, action, neglect, omission or default on the pan of the Seller, any of his comnetors, or any of be Sellers or contractors officer, agents or employees. In ease any suit or other proceedings shall be brought against to Purthdser, 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 of any of his contractors or any of its or their officers, agents or employees as aformid, the Seller hereby agrees to sasume the defense thereof and to defend the same at the Sellers own expense, to pay any and all casts, charges, attorneys fees and other expenses, any and all judgments bet, may be inctrmd by or obtained against be purchaser or any of its or their alRcers, .gems or employees in such at, or mare, proceedings. and in oew judgment or other he. bat plaed upem or obtained against the property ofthe Purchase, or said parties in or w a mutt ofsuch suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or oferwise. The Seller and his contractors shall take all safety prccaatims. fmish and install all guaid, naessvry for the protection. of eciderm, comply with all have and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 197a and all roles and regulation issued pursuant thetto. Revised 03Q010