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HomeMy WebLinkAbout202421 CUTLER REPAVING INC - PURCHASE ORDER - 9143683 (2)Fort Collins Date: 08/26/2014 Vendor: 202421 CUTLER REPAVING INC 921 E 27th LAWRENCE KS 66046 PURCHASE ORDER PO Number Page 9143683 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 06/30/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 Change Order 1 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 EA -17.115.29 Total Pay terms net 30 days Invoice Address: 7,115.29 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Temis and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from state and [me] axes. Our Exemption Number is 11, NON WAIVER. 98.04502. Federal Excise Tax Exemption Certificate of Registry 84-60(il is registered with the Collector of Failure of the Purchmer to insist upon strict Performance of the terms and conditions hercof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statures 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure in promptly notify the Seller in the event of a breach, the acceptance of or Payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the worunties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in trouser, may be returned to you for credit and are not or be replaced except upon receipt of wriurn purchaser to insist upon strict performance heeof or any of its rights or r medies m to any such goads, regardless instructions from the City of For Collins. ofwhen shipped, received or accepted, in to any prior or subsequml default hereunder, nor shall any pappeared oral modification or rescission of this purchase or by the Purchaser operate as a waiver of any of me terns Inspection. GOODS are subject to the City of Fan Callum inspection on earned. hcrmr. Final Acceptance. Receipt of the meahondisc, services or equipment w response as this oNer arm read, in 12. ASSIGNMENT OF ANTITRUST CLAIMS. unhurried paymmt on the pan of the City of Fan Collins. However, it is to be understood that FINAL Seller and the Purchaser cam mze dust in actual economic to is practice, overcharges resulting fmm antitrust ACCEPTANCE is dependen upon complHion of all applicable award d inspection procedures. violations are in fact Same by the Purchaser. Thertofore.far goad now and m consideration for executing this purchase order, the Seller hereby amigns Io the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.OB.. City of Fort Collins, 700 Wood St, Fan Collins, CO 80522. unless acquired order federal ar more emir t laws for such overcharges relating to the panlcalm goods or services otherwise Tee fled oa this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuer to this purchase all hill most aeamnanv invoice Additional charges for uackinn will not be assented. Shipment Distance. Where manufacturers have distributing points in us pans of the country, shipment is expected from to nearest distribution point to destination, and excess freight will be de-0ucted fmm Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sale cost all necessary Fall cettificales ad Itcenses required by all applicable laws, regulations, national and rules of din state, municipality, tedme, or political subdivision where the work U performed, or camord by any other duly constructed public autoriry having jurisdiction over the work of vendor. Seller fatter agrees to hold the City of Fear Collins bmmless form and against all liability and loss incurred by them by reason of on m,med or established violation of any such laws, regulations, ordinances, rules and requirements. Authanottral. All parties to this contmm agree that the representatives are, in fact, bona ode and possess fall and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions slated herein set forth and any supplementary or additional tamer and conditions amexed hereto or incorporated herein by reference. Any additional or different team and conditions proposed by seller are objected to and hereby released. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ify. wa.. make complete shipment ro sense on your promised delivery date as noted Time is of the essence. Delivery and performance must IS alTected within me time slated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial Los deliveries, shall operate as a waiver until, provision. In the clear of any delay, the Purchmer shall have, in adtllon m other legal and equitable remedies, the option orbicular, this order elsewhere and holding the Seller liable far damages. However, the Seller shall at be liable for damage, as a resnl, of delays due to causes not reasonably foreseeable which are beyond its concrete eamml and without its fault of negligence, such is of Gad, will of civil or military womag ies, mwemmmtal priorities, fires, ackes, flood, epidemics, wan or riots provided that nature of the conditions taming such delay is given in the Purchaser within five (5) days of the time when the Seller fire received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period amal to the time actually lost by twson of the delay. 3. WARRANTY. The Sella warrants that all goods, articles, maerials and work covered by this order will conform with applicable drawings, specification, samples groper oNer descriptions given, will be, fit for the par,ow, intended, and Performed wit to highest degree of care and competence in accordance wits accepted standards fur work of a similar nature. The Seller agrees to hold the purchaser hanmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wo mmy. The Shcm shall replace, repair or make good, will cast to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by Inca or by the mums of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to ha unreasonably delayed), resulting from imperial or defective work done or materials fumishd by the Seller. Acceptance or use of goods by the Purchaser shall not oration, a waiver of any claim under this warcenty. Except as otherwise provided in this purchae order, the Sellers liability hmeund, slated asterisk ra all dvnages handsomely abroad by the breach of any of the Integral, wmmtnies or guarantees, but such liability shall in an event include loss of profits or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchase, may make changes m legal terms by written change oNer. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the rote., other than legal terms, including additiurs to or deletions, fmm the quantum originally ordered in the specifications or drawings, by verbal or written change anler. If any such change aReds the amount due or be time of performance hereunder, an equitable allotment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrinew change oNer, terminate this agreement as many or all Irxinfom of to good then not shipped, subject many equitable w1jmtmem between the parties as to any work or manmals then in Progress provided be, the Purchmer shall not be liable for any claims for anticipated proms on the uncompleted ponies of the goods amber work, for incidental or answquential dommes, and that an well adju9mem be made in favor of the Seller with aspect to any goods which we the Sellers standard track. No such temsination shall relieve the Purchmer or the Seller of any ofrheir obligations as to any goads delivered hereunder. ]. CLAIMS FOR AD)USTMF.NT. Any claim for adjustment must be watched within thirty (30) Jays from the date me change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Seller watwnts but all goods sold hereunder shall have been produced, and, delivered and fumishd in strict ampliance with all applicable laws and ions to which to goods are subject The Seller dull execute and deliver wash doamm. as nay he rquied to effect or evidence emnpLaacw. All laws and regulations ormitd to b, incorporated in agreements of Ibis character are hereby incoryorated herein by this reference. The Sell" agrees to indemnify and hold the Purchaser humlem from all coser and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither patty shall assign, marshal, or convey this order, .r any monies due or to become due hereunder without the prior wrinen Warsaw of to either party. 10. TITLE. The Seller warrens fall, cI. and constricted tide come Purchasm for all equipment materials, and it. furnished in patfinarrompare of this agreement free and clear of my and all liens, movement, resmatiom, security Soared enambranas and claims of.thers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purehuer diem, the Seller to cored nonconforming or defective goods by a 6 to to be agreed upon by the Pumbme, and the Selleq end me Seller became, indicates its inability ar unwillingness an comply, the Purchaser may came the work to be pawamd by the most expeditious ream available to it, and the Seller shall pay at cos. mmcimed with such work. The Seller shall ai t. the Purchmer and its commcmrs of any tier farm all liability and claims of any nature teaching from the pMotmance of such work. This release shall apply can in the can, of fault of negligence of the pony relcmed and shall extend to the direcmn, officers and employees of saah piny. The Seller's co mmtmd obligations, including warranty. shall not be deemed to be reduced, in any way, because such work is performed a, caused m be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to me any design, device, matmal or process covered by letat patent trademark or copyright, the Sella shall indemnify and save hmmless me Nekoosa fmm any and all claims for inGngement by reason of the use of such rapid design, device, material or promss in mme"ion wit the comrmt and shall indemnify the Purchaser for any cost. expense or damage which it may be obliged to pay by reason of such entanglement at any time dming the pmseculien or after the completion of the work. In case said aryimism, or any pan thereof or the intended use of to goods, is in such suit held to contribute infringement and the me of said aquipmen, or pan is rejoined, me Seller shall, at it, awn expense and at its option, either aware for the Purchaser the right to continue using said equipment or pans, replan the same with metal and but noninlringfng equipment, or modify it so it becomes —harboring. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or Stem, this trader may foMwit b, canceled by he Purchmer, without liability. 16. GOVERNING LAW. The definitions of terms and or me interpretation of to agreement ad be rights of all parties hereunder shall be construed under and governed by to laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services offieller, Representative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Sella shall away on said work at Seller's own risk unlit the same is fully completed and incepted, and shall, to raw of any accident, destruction or injury W the work sulfur materials before Seller's final completion and acceptance, complete be work at Sellers Own expense and to the satisfaction of de Purchaser. When matmals and ryutpmem are famished by others for installation or erection by the Seller. the Seller shall receive, unload, slate and handle same at me one and become responsible therefor as though such mmeriats anbor qu ps. were being formal byte Seller under me media. 18. INSURANCE. The Sella shot[, at his .cam expense, provide for the payment of workers cam caudioa, including excupmi... I disease benefits, In i,, employees employed on or in connection arm the work avcrd by this purchase aide,, and/or to their dependents in accordance with the law, of the state in which he walk is m be done. The Seller shall also carry comprehensive general liability including, but at limited to. contractual and automobile public liability immmnee with bodily army and death limits of at least $3 W,WO for any one person. S5 W.00) for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his rintors. Reny, to provide for such compensation and insurance. Before any afire Sellers or his comrenors employees shall da any work upon be premises of others, the Seller shall famish 'he Purchaser wim a venificme law such mmpmuaron and insurance have been provided. Such -offiewas slag specify me date when such compensation end insurance brae been provided. Such emifcaa shall specify the date when such comperoation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the narrow mark is completed and earful 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire rmponsibil try and liability for any and all damage, loss or injury of any kind or nature whatwever to persons or property crowd by or resulting from the execution ofrhe work provided for in this purchase order or in connection herewith The Seller will indemnify and hold hatmleas the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expcmcs, whether direct or indirect and whether m pv rsures or property to which the Forebear may b, put or subject by remain of any act action, neglect omission or default on tc pert of me Sella, any of his ontractos, or any of the Sellers or contractors officers, agenes or employees. In rase any suit or other proceedings shall be brought against the Lacksstt, ar its mBeco, agen. or employees at any time on aveauat or by yawn of my act echoer, neglect, omission or default of me Sella of any of his mntmcmrs or any of its or their officers, agents or employees as aforesaid, to Seller hereby agrees to assume the defense thereof and to defend me came at to Sellers own expense, m Pay any and all cos., charges, attorneys fees and other expenses, any and all judgments mar may be incurred by or obtained against the Purchmer or any of its or their officer, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchase, or said parties in or in a result of such wits ar other proceedings, me Seller will at once cause me same to be dissolved rand dischargd by giving band or omerwise. The Sella and his contractors shall cake all safety ptecautiom, fumish and install all gumds aecessaay, f me pmign.. of occidm., comply with all laws and regulation wall regard to safety including, but without limitation, the Ocapmional Safety and Halm Act of 1970 and all rules and regulations iaaud D.. metero. Revised 07ld014