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HomeMy WebLinkAbout438489 COLORADO ASPHALT SERVICES INC - PURCHASE ORDER - 9110657 (2)PURCHASE ORDER PO Number Page City OfCollins 9110657 + of z `t ( V OI I Ind` This number must appear {�` �7 on all invoices, packing Islios and labels. Date: 03/11/2011 Vendor: 438489 COLORADO ASPHALT SERVICES INC PO BOX 329 COMMERCE CITY Colorado 80037 Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS Colorado 80524 Delivery Date: 01/27/2011 Buver: JOHN STEPHEN Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 2 Addendum to PO 9110657 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 15,000.00 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchasc Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes Our Exemption Number is 11. NONWAIVER. 99-04502. Federal Exeise Tax Exemption Certificate of Registry R4-6000587 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 hucmal Revmi Denver, Colorado (Ref. Colorado Revised Shames, 1973. Chapter 39-26. 114 (a). exercise any rights or remedies pmvided herein or by law, failure to pmmptly notify the Seller in the event of a breach, the acceptance ofor payment for gads Immunder 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 warmmies or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in tourist. may be renamed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist open strict p fiamrancc Immofor any of its rights or remedies is to any such goods, regardless instructions fmm the City of Fort Collins. of when shipped, received or accepted. as to any prior or subsequent default hereunder, not shall any purported eel modifimtion or rescission of this purchase aide, by the Purchaser operate as a waiver of any of the it., Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance, Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins, However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting front antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection pmcednres. violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and ill claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins 700 Wood St.. Fort Callm,. CO 90522. unless acquired andcr federal or state antitrust laws for such overcharges relating to the piniculit goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased m acquired by the Purchaser pursuant to this purchase enter. bill mast accompany invoice. Additional charges for packing will not be accepted. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Wherc manufactumm have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goads by a date to be agreed upon by the expected From the retest distribution point to destination, and excess Insight will be deducted fmm Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made firm greater distance. may cause the work to he performed by the most expeditious oceans availible to it and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sale cast all necessary permits. certificates and licenses required by all applicable laws, regulations, ordinances and talcs of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fro Collins hmmlcxs from and against all liability and loss incurred by them by reason of an assetcd or established violation of any such laws, regulations. ordinances, talcs and requirements. Authorization. All parties to this contract agree that the representatives arc. in fact bona fide and pnssess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your pmmiscd delivery date is noted. Time is of the essence. Delivery and performance must be effected within the time .stated on the purchase order and the documents attached hereto. No nets of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of Ihis prevision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacmg; 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 causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofnegligence. such acts ofG d, acts it or military authorities. governmental priorities, rims, strikes. Bond, epidemics. wars or riots pmvidcd that notice of the conditions causing such delay is given In the Purchaser within five (5) days of the time when the Seller first received knowledge thereof In the aunt of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WA BRA MY. The Seller warrants That all goads, articles, materials and work covered by this order will conform with applicable dmw'ings, specifications, samples and/or other descriptions given. will be fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless firma any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cast to the purchaser, any defects or fault., arising within any (1) year or within such longer period of time as may be prescribed by law or by the terms ofany applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be murnsanably delayed), resulting from impc,firo or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver nfany claim under this anomaly. Except as otherwise pmvidcd in this purchase ore,, the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing warranties or guarantees, but such liability shall in no event include loss ofpmfits or loss ofuse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pumhasar may make changes to legal terms by written change order. 5. CHANCES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions fmm the quantities originally ordered in the specifications or dmwinge, by verbal or written change order. If any such change affects the amount due or the time of perf r mane hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Pumhnscr may at any time by written change order, terminate this agreement as to any or all portions of the good then not shipped, subject to any equitable adjustment between the panics as to any work at materials then in progress pmvidcd that the Purchaser shall not be liable for any claims far anticipated profits on the uncompleted partion of the goods and/or work, for incidental or consequential damages. and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stack. No such temiination shall relieve the Purchasc, or the Seller of any of their obligations as to any gads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim (or adjustment most be asserted within thirty (30) days firma The date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, said, delivered and famished in strict compliance with all applicable laws and regulations to which the good are 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 agramcnts of this character arc hereby ineorpnmted herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Purehascr as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neitha party shall assign, transfer, or convey this it or any monies due or to become due hcmmder without the prior written consent of the other parry. 10. TITLE. The Scllcr warrants full, clear and unrestricted title to the Purehascr for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofothcrs. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims ofany nature resulting fmm the performance of such is This release shall apply even in the event of fault of negligence of the pony rclea_odl and shall extend to the directors, officers and employees of such party, The Seller., contractual obligations, including warranty, shall not be darted to be reduced, in any way, because such work is performed or caused to be perforated by the Purchaser. W. 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 Pumhnscr fmm any and all claims for infringement by ucu,mr of the use of such patented design, device, material or pmecss in connection with the contract. and shall indemnify the Purchnscr for any cost, expense or damage which it may he obliged to pay by reason of such infringement of any time during the pmsecution or after the completion of the work. In case said equipment. or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment nr 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 pans, replace the snmc with substantially equal but noninfringing equipment, or modify it so it becomes noninMnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith he canceled by the Purchaser without liability. 16, GOVERNING LAW. The definitions ofit.,, used m the interpretation ofthc agreement and the rights ofall panics hereunder shall be constmM under and governed by the laws ofthe State of Colondo, USA, The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllers Repm,entom,(s), on the premises ofathers. 17. SELLERS RESPONSIBILITY, The Scllcr shall carry on said work at Scllcr'., own risk until the smut, is fully complctcd rind accepted, and shall, in case of tiny uccident destruction or injury to the work and/or materials before Scllcfs Final conmpletion and acceptance, complete the work at Seller's own expense and to the sntisfaciian of the Purchaser. Whco materials and equipment arc fiunished by others for installation or erection by the Seller, the Seller shall naive unload. store and handle same at the site and become responsible domfor as though such materials and/or equipment were being famished by the Seller tinder the order. IS. INSURANCE. The Seller shall, at his man expense, pmvide 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. and/or to their dependents in accordance with the taws of the cote in which the work is to be done The Scllcr shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with badly injury and dmflh limits of rat ]cast S300,MO far any one person. S500.110r1 for any one accident and pmperty damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance Before any of the Sellers or his contractors employees shall de any work upon the p¢mixes efmhers, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance hive been provided. Such certificates shall specify the date when such compensation and insurance have been pmvidcd. Stich certificates shall specify the dale w]ten such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until alter the entire work is complctcd and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hcrchy assumes the entire responsibility and liability fnr any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by Or rcsdting from the execution of the work pmvidcd for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and cntployecs (tam and against any and all claims. losses. damages. charges or expenses, whether direct or indirect, and whether to persons or pmpcny to which the Purchaser may be put or subject by reason of any act, action, neglect omission or default on the pan of the Scllcr, any of his contractors, or any of the Sellers or contractors officers, agents or employees In ease any snit or other proceedings shall be brought against the Purehascr, 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 aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expmse, to pay any and all costs, charges, attorneys fees and other expenses. any and all judgments that may be incurred by or obtained against the Pumhascr or any of its or their officers. agents or employees in such suits or other pmeeedinge, and in case judgment or other lien be placed upon or obtained against the pmpcny of the Purchaser, or said panics in or as a result ofsuch suits or other pmecedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall tnkc all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all Imes and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all tales and regulations issued pursuant thereto. Revised 03/2010