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HomeMy WebLinkAbout389648 A-1 CHIPSEAL CO - PURCHASE ORDER - 9114634 (2)Fort Collins Date: 08/09/2011 Vendor: 389648 A-1 CHIPSEAL CO 2001 W 64TH LANE DENVER Colorado 80221 PURCHASE ORDER PO Number Page 911.4634 1of2 This number must appear on all invoices, packing slips and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS Colorado 80524 Delivery Date: 08/08/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 2011 Slurry Seal Contract 1 LOT LS 35,665.00 PER TERMS AND CONDITIONS OF BID 6054 AND AGREEMENT DATED JULY 25, 2011 2 2011 Slurry Seal Contract 1 LOT LS 280,101.10 3 Utilities Portion 1 LOT EA 16,241.90 4 Parks Portion 1 LOT EA 36,732.20 l9n-��Q 2. O'YW-9k 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 Total $368.7 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions • i 4 Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from some and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collect, of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any tights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall no release the Seller of Goods Rejected. GOODS REJECTED due in failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall no be domed a waiver of any right of the damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hereofar any of its rights or remedies as to any such goods, regardless instructions from the City of Fart Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tarm 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 mouh 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 from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, fro good cause and as consideration fro executing this purchase order, the Sella hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fan Collins, 700 Wood SL, Fan Collins, CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing paints in various parts of the country, shipment is Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Sella shall pay all -- - - costs associated with such work. --- - - - -" Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duty constinned public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of For Collins harmless from and against all liability and loss incurred by them by reason of. asserted of established violation of any such laws, regulations, ordinances, roles and requirements. Authorization. All parties to this comma agree that the representatives arc, in fact bona fide and possess PoII and complete authority to bind said parties. 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 hemin by reference. Any additional or different temp 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 arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached bacto. No acts of the Purchasers including, without limitation, acecpmncc of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Sella shall not be liable for damages as a result of delays due to doses not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence. such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, flood. epidemics, wars or riots provided that 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 thereof. In the event 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. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications samples and/or other descriptions given, will be fit fro the purposes intended, and Informed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Sella agrees to hold the purchaser harmless from 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 goad, without cost to the purchaser, any defects or faults arising within am (1) year or within such longer period of time as may be prescribed by law or by the tams of any applicable warranty provided by the Seller after the data of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done m materials furnished by the Sella. Acceptance or use of goods by the Pumhosa shall net constitute a waiver of any claim unda this warranty. Except as otherwise provided', this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the branch of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits , 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 terms by written change add. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal tams, including additions to , deletions from the quantities originally android in the specifications m drawings, by verbal or written change order. If any such change effects the amount dire or the time of performance hereunder, m equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, temunate this agreement as to any or all portions of the goods then not shipped, subject in any equitable adjustment between the parties as to any work or materials then 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 that no such adjustment be made in favor of the Sella with respect to any goods which are the Sellers standard stock No such termination shall relieve the Purchaser or the Sella of any oftheir obligations as to any goods delivered haronda. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wmmnts that all goods sold hereunder shallhave been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Sella 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 arc hereby incorporated herein by ibis reference. The Sella agrees to indemnify and bold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hacunder without the prior written consent of the other party. 10. TITLE. The Sella warrants full, clear and unrestricted title to the Purchaser for all equipment materials, and items famished in performance of this agreement free and clear of any and all liens restrictions reservations, security interest aseumbmncm and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees ofsuch parry. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material , process covered by letter, patent, trademark or copyright, the Sella 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, mid 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 equipment, or any pan thereof or the intended use of the goods, is in such suit held to consulate infringement and the use of said equipment or part is enjoined, the Sella shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment a parts, replace the same with substantially equal bra noninfringing equipment, Or modify it W it becomes noninfringing. 15. INSOLVENCY. If the Sella shall become insolvent or bankrupt, make an assignment fro the benefit of creditors, appoint a meciver 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 team used or the inter pretation of the egreemenl and the rights of all parties hcremrda shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Sella is to perform work bactunda, including the services of Sellers Representative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Seller's own risk until the 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 the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Sella shall receive, unload, store and handle some at the site and become responsible therefor as though such materials and/or equipment were being famished by the Sella under the order. . I B. 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 aide,, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Sella shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300.000 for any one person, S500,000 for any one accident and property damage limit per accident of.$400,000. The Sella shall likewise require his con"cuirs, if any, an provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchosm with a crtficte that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees 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 the entire responsibility and liability for any and all damage. loss or injury of any kind or nature whatsoever to persons or property mused by at resulting from the execution of the work provided for in this purchase order or in contraction herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges , expenses, whether direct or indirect, and wheher to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Sella, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its affects, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Sella 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 end to defend the same at the Sellers own expense, 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 Purchaser or any of its or their officers. agents or employees in such suits or other proceedings, and in use judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Sella will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all colds and regulations issued pursuant thereto. Rcvisad 032010