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HomeMy WebLinkAbout389648 A-1 CHIPSEAL CO - PURCHASE ORDER - 9114634Fort of Date: 11/23/2011 Vendor: 389648 A-1 CHIPSEAL CO 2001 W 64TH LANE DENVER Colorado 80221 PURCHASE ORDER PO Number I Page 9114634 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 OM unit Price Extended Ordered Price s Parks Portion 1 L EA-4,694.99 CHANGE ORDER 1 r Streets CHANGE ORDER 1 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, 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 10,100.28 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Ternu and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-60M587 is registered with the Collector of Internal Revenue, Denver. Colorado (RcL Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be resumed to you for credit and am not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on mrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict pefnor ance ofthe terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by Irv, failure to promptly notify, the Seller in the event of a breach, the acceptance ofor payment for goods hereunder Or approval ofthe design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the Purchaser to insist upon strict performance hemofor any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hctcunda, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can restot 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 antitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are 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 all claims it may now have or hereafter Freight Terms. Shipments must be F.O.H., City of Fort Collins, 700 Wood St., Fort Collins. CO 90522. unless acquired under federal or state antitrust Imes for such overcharges relating to the particular goods or .cervices 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 points in various pans of the country, shipment is Ifthe Purchaser dimets the Seller to correct nonconforming or defective good by a date to be agreed upon by the expected fmm the nmrest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments am made from greater distance. may cause the work to he performed by the most expeditious means available to it, and the Scllcr shall pay all cost, 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 ohs 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 vcndor. Seller further agrees to hold the City of Fan Collins harmless fmm and against all liability and loss incurred by them by reason of an assencd or established violation of any such laws, regulations, ordinances, mles and requirements. Authorization. All parties to this contract agree that the representatives are. in fact, bona fide and possess full and complete authority, to bird slid panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional tells and conditions annexed hereto or incorporated herein by reference. Any additional or different tears and conditions proposed by Scllcr arc 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 ofthe essence. Delivery and performance must he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver ofthis 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 Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonably control and without its fault ofnegligence, such acts of God, acts ofeivil or military authorities. governmental priorities, rims, stokes, flood, epidemics, wars or riots provided that notice of the conditions causing .such delay is given to the Purchaser within five (5) days ofthe time when the Seller first received knowledge thercof 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 ofthe delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples andlor other d¢criptions given, will he fit for the purposes intended, and pafnrmcd with the highest degree of cnm and competence in accordance with accepted standards for work of a similar nature The Seller agrees to hold the purchaser harmless Firm any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warmnty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer Period of time as may be prescribed by law or by the terms of any applicable warranty pmvided by the Seller aPer the date of acceptance of the good% furnished hereunder (ameptance not to be unreasonably delayed), msuh ing from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wmmnties or guarantees. but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANG ES I N LEGA L TERMS. The Purchascr 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 tells, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by vcnad or wrinca change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment be ux cn the panics 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 Seller with respect to any goods which are the Sellers standard stock. NO such Icmt motion shall relieve the Purchascr m the Scllcr of any of their obligations as to any goods del coal hereunder, 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asscin d within thirty (30) days fmm the date the change or tcmtinmion is ordered. 8. COMPLIANCE WITII LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such document as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hammless from all cats and damages suffered by the Purchaser as a msull ofthe 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 hereunder without the prior written consent ofthe other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions reservation¢, security interest encumbrances and claims archers. The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature resulting fmm the peff arnance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors. officers and employees of such party. The Seller's contraetunl obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perfomtcd Or caused to be performed by the Purchaser. 14, PATENTS. ' Whenever the Seller is required to use any design, device, material or process covered by lener, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser film any and all claims for infringement by reason of the use of such patented design, device, material or pmccss in connection with the contract, and shall indemnify the Purchaser for any cost. expense or damage which it may be obliged to pay by reason ofsuch 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 constitute infringement and the use of said equipment or part is enjoined. toe Seller shall, at its own expense and at its option. either procure for the Purchascr the right to continue using said equipment Or parts, replace the same with substantially equal but noninfringing equipment, or modify, it so it becomes noninfringing. 15ANSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assignment for the henefit of creditors, appoint a receiver or Mastcc for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without linhility. 16. GOVERNING LAW. The derinithm, ofterns used or the interpretation ofthe agreement and the rights of all parties hereunder shall be construed under and governed by the laws ofthe State of Colomdo. USA. The following Additional Conditions apply only in eases where the Seller is to perform work hereunder. including the services of Sellers Repmsenlntive(s), on the pemises of others. 17. SELLERS RESPONSIBILITY. The Sellershall carry no said work at Scllcrs 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 Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction ofthe Purchaser. When materials and equipment art furnished by others for installation or erection by the Seller, the Seller shall receive, unload. store and handle same no the site and become responsible therefor as though such materials and/or equipment were being fumished by the Seller under the order. 19, INSURANCE. The Seller shall, of his no expense. pmvidc for the payment of workers compensation. including oceupalional 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 laws of the state in which the work is to be done. The Seller 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.MO for any one person, SSOMOM for nny one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insumnee. Before any of the Scllcrs or his mntmmOrs employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been pmvided. Such certificates shall specify the date when such compensation and insurance have hmn pmvided. 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 ofany kind or nature whatsoever to persons or propcny caused by or resulting from the execution ofthc work provided for in this purchase order or in connection h rcwith. 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 or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any net, notion, 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 case any suit or other pmceedings shall be brought against the Purchaser, 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 Scllcr hereby agrees to assume the defense thereof and to defend the tame at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses. any and all judgments that may be inured by or obtained against the Purchaser or any of its or their officers, 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 Purchaser, or said panics in or as a result of such suits or other proceedings. the Seller will al once canes the same to be dis.solrcd and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish 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 rules and regulations issued pursuant thereto. Revised 03/2010