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HomeMy WebLinkAbout192400 LARIMER COUNTY ROAD & BRIDGE DEPARTMENT - PURCHASE ORDER - 9144759PO PURCHASE ORDER 914475er Page City. of44759 1 of 2 ' `t Collins( his number must appear V " �7 on all invoices, packing sli s and labels. Date: 08/15/2014 Vendor: 192400 Ship To: STREETS DEPARTMENT LARIMER COUNTY ROAD & BRIDGE DEPARTMENT CITY OF FORT COLLINS 2643 MIDPOINT DR SUITE C 625 NINTH STREET FORT COLLINS CO 80525 FORT COLLINS CO 80524 Delivery Date: 08/15/2014 Note: Line Description PER MAY 14, 2014 INVOICE HMA Resurfacing on Vine Drive Briarwood Rd to Irish Dr. 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 UOM Unit Price LS JOHN STEPHEN 101,126.63 Pay terms net 30 days 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 Pon Collins is exempt from state and local taxes. Our Exemption Number is 11. NON WAIVER. 984K502. Federal Excise Tax Exemption Certificate of Registry M-600058I is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Interval Revenue, Dever, Colorado (Ref. Colorado Raised Sutures 1973. Chapter 39-26,114 (a). exercise any rights in remedies provided hamin or by law, failure to promptly notify the Seller in the aced of a bo nd, The accepune. Of., paymmr for goad hereunder or approval of fire design, shell not tale., fie Seller of Gaol Rejected. GOODS REJECTED due m failure to meet specifications, either when shipped or due to defects of any of the warrantia or obligations of Wis purchase order and shall not Ire domed a Waiver of my right of the damage in vatssit, may be recurred to you for credit and are not to be replaced except upon receipt of women purchaser to insist upon thin pert once hereof or any of its rights or remedies as to any such goods, regardless nodde ions fiom the City of Fort Collins, of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any pro orad orl modification or rescission of this purchase, order by the Pumhaer operate as a waiver of any of The terms Inspection. GOODS are subject to the City of Fort Collins inspection on aricial. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in respis. m this order can result w l2. ASSIGNMENTOF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, is is u be anderaced Jar FINAL Seller and the producer raognize that in .col minforne practice, overcharges resulting from aatimxst ACCEPTANCE k dependent upon completion of all applicable required inspection procedure, violatiand are in fact home by the Purchaser. Theretofore, for good cons, and in consideration for executing this purchase order, the Sella hereby assigns to the Purchaser any and all claims it may now have or herealler Freight Terms Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fon Collins, CO 80522. unless acquired under federal or aide antitrust laws for such overchmges relating to the patricides, goods or services wherwise specified on this miler. If pemfinion is given To prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill mast accompany invoice. Additional draqua for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Wheremanufa'urrers have dinner parts of The min Iffedar Purchaser direcla, the to or definitive odsbyadam to beply,me.nbythe eduction, and excess freight deucdohntry,voice shipment firm the nearing to destitution, add excess freight will h deduced firm Invoice when Thernoerindiiming Sella indictees in mobility or unwillingness to comply, the Purchaser and the Seta, add Jm Seller thane or ss and shipments art made firm greater distance. realer distn ce. moo may cause late work cu be performed by the most expeditious means Bailable a it, and the Seller shall pay all may caul ors¢ associated wish such work. Permits. Seller shall ptocure sellers and cost all permdB, certificates and licenses required all w od end rules of the state, municipality, Territory m political subdivision where applicable laws, regulations, the The Seller shall release Rm Purchaser and in mntmnors of any tier firm all liability and claims of any wrote ion over byanyoffer public authority jurisdiction We work the work is perforated,or natural by a resulting from the pert romance of such work. rrequiret all from and egulnsr all liability and loss the City and against eCitduly Fort vendor. Seller further agrees to Fon Collins of them by reawn of an asxnN or established violation of any such laws, regulations, ordinances, roles m umd .,card li This release shall apply even in the event of fault of negligee', of the parry released and shall extend m the re and requirements. dirtcson, oRcers mod employees of such parry. Authoritarian. All Entries to this commm agree that the representatives art, in Card, bona fide and possess full and complete authorry to bind said parties. LIMITATION OF TERMS. This Purchase Order rs,n aly limits acceptance to the terms and candhiuns stated herein set forth and any supplementary or additional terms and conditions annexed herein or incorporated herein by reference. Any additional or different terra and conditions proposed by seller are objected To and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you wmot make complete shipment to arrive on your Promised delivery dam as c o e& Time is of the asseme. Uelivery and perfoemmee must od effierad within the time stated on the purchase order and the documents attached hereto. No ads of the Purdsom including, without limitation, acecpmce of partial late deliveries, shall operate in a waiver of this provision, In the event ofany delay, the Purchaser shall have, in addition to other legal and or,muble remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall nor be liable for damages . a result of delays due to causes trot reasonably framable which are beyond its ramomble control and without its fault of negligence, such acts ot'God, acts ofnvdl or military authorities, govammmml prioities, Gres. stakes, flood, epidemics, wars or riots provided shot notice of the conditions causing such delay is given to the Purhaser within five (5) days of she time when the Sella first received knowledge thermf In the acar of any such delay, the dam of delivery shall be awarded for the peiod egrd to the time a m illy loss by rcawn of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifiwlia., samples and/or other descoplions given, will be fit for The purposd intended, and perf ed with the highest degree of care and compneme in acoraace with accepted standards for work of a Milan .tore. The Seller Ogden to hold Tate puchaer harmlan Item any but, damage or expense which the Purchaser may suffer or incur on account of fie Sellers breach of wamanry. The Seller shall replace, repair or make good without cost to the purchaser, any defects of faults mixing within one (1) year or within such longer Had of time as may be prescribed by law or by the tarns of any applicable warrant provided by the Seller after the date of accmtmce of the gaols famished hereunder (acceptmtt not to be unreasonably delayed), resulting from imperfect or defective work done or materials fumhhed by The Seller. Acapwnce or use of good by the Puchaer shall not constitute a waiver of my claim under this wdrmty. Except as otherwise provided in This purchase order The Sellers liability hereunder shall extend to all damages ptexdmately wumd by the breach of any of The foregoing wamnuies or guammen, bur such liability shall in no even, include loss ofpmfirs 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 emu by woven change order. 5. CHANGES IN COMMERCIAL TERMS. The Purehuscr mry make my changes to the human, other than leg[ moms, including additions to or &Idiom from the quantities originally oulded in fie specifications of drawings, by ventral or wnnm change order. If any such change afTecu the amount due or the time ofpemmusi a hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The purchaser may at any time by written change order, terminate Nis agreement . to any m all wi.s, of the goods then not shipped subject to any equitable adjustment between The parties n or my work or materials then in pmgmas provided that the Purchaser shall not be liable for any claims for anhicipmN profits on the uncompleted Jerome of the good radio, work, for imidmml or consequential damages, and that rm such adjustment be made in favor of The Sella with speed to my goads which art the Sellers standard stock. No such mmiwtian shall relieve The P rdider or the Seller army of their obligations as to any good delivered hereunder. 0. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or Lerfination is ordered. a. COMPLIANCE WITH LAW. The Seller warrant That all good sold haemda shall have been produced, sold, delivered and fmished in still compliance with all applicable paws and mplatiom to which The good are subject The Seller shall execute and deliver such documents as may be required as effect or evidence compliantt. All laws and regulations required to be, incorporated in agreements of this character are hereby incriminated herein by this reference. The Seller agrees to indemnify and hold the Purchaser bmmless firm all costs and damages suffered by the Purchaser. a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or my mooia Me or m become due hereunder without the poor written mnsmr ofthe other party. 10. TITLE. The Sella warrants full, clear and manicured title to the Purchaser for all equipment, materials, and items fumished as pefoomance of this agreement, frtt and clear of any and all lie., resm elide, reservations, sccudry interest eneumbmmd and claims.fothers. The Scllers continental obligaiom, including warranty, shall not be darned to be reduced, in any way, because such work is performed or toured to be pMormed by the Purchase. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement by reason of the use of such patented design, device, material or process in erection with she contract, and shall indemnify the Purchase for any mast, expense or damage which it may be obliged W pay by reason of such impingement at my time during the prosmmim or after she completion of the work. In ands, said equipment, or any pan thereof or the intended use Of the gaud, is in such suit held To constitute mfirm cmem and the use of said equipmem or pan is cnj.ined, the Seller shall, at its own expense and an its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but m ninMnging equipment, or modify it so it becomes noninftinging. 15. INSOLVENCY. If the Seller shall become insoNsaw of bankmpt, rake an assignment for the benefit of credand, appoint a receiver or trustee for any of the Sellers property or business, this order nay forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions afters used or the interpretation ofda, agreement and The rights of all panics hereunder shall be constmN under rod governed by The laws of the State of Colomdo, USA. The fallowing Additional Conditions apply only in caul where the Seller is in pert work hereunder, including The services of Sellers Represenative(s), an The premises orchids. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and Wearied, and sMl1, in case of any accident, destruction or injury to the work affair materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of The Purchndn. When materials and equipment are Banished by others for installation or erection by the Seller, the Seller shall rmnve, unload, store and handle same at the site and become responsible therefor . though such matenak anNor equipment were being famished by the Seller under The order. ... 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, md/ur of their dependents in accordance with the laws of The stale in which she work u to be done. The Seller shall also carry comprehensive general liability including, but trot limited to, command and automobile public liability insurance with bodily injury and death limits of at least 5300A)0 for any one person, 5500,0JB for my ecitlent and ma mr, damage limit per accident of S40f000. The Seller shall likewise require his wntracton, irony, to provide for such compensation and minimum, Before my of the Sellers or his contradrrs employees shall do any work upon the premises of others, the Seller shall fumish The Par cheer with a des ificam that such compensation and insurance have been pmided. Such ecuprams shall specify the now when such compensation and insurance have been provided. Such certificates shall specify the data when such compensation and i.umnce expires. The Sella agrees That such compensation and insurance shall M maintained until after the entire work is completed and integral- 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby m,umn the entire responsibility and liability for only add all damage, loss or injuryof any kind or nature wharriever to persons or property, caused by or resulting from the execution ofrbe work provided for in this purchase order or in connection herewith. 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, losses, damages, charges or expenses, whether direct or indirect and whether, 10 pars.. or pmpedy to which the Purchaser may be pat or subject by reason of any act, action, neglect omission or default on the part of the Sella, my of his contractors, or my Of the Sellers in contractors officers, agents in employees. In case my suit or other proceedings shall be brought against the Pureatard, of its officers, agents ter employees an my time on acrowt or by reason of my act, action, ncgdao, omission of default of the Sella of my of his contmdors or my of its or their officers, agam; or employees as afnexod, the Seller hereby agrees to assume the defense Thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, momrys fee, and other expenses, any am1 all judgmenet than may be incurred by or obtained against the Purchaser or any of its or their effects, agents or employees in such suits or offer proceedings, and in case judgment or other lied be placed upon or Obtained against the property of fe Farmhand. or said ponies in or. a adult of such in in other proceedings, the Sella will at once cause the same to h dissolved and discharged by giving bond or Otherwise. The Seller and his aomraors shall take all enfery p¢caunons, famish add install all gmards, uecessmy for the prevention of accident, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Ad of 1970 and all rules and regulations issued Indicator femur. Revised 07n014