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HomeMy WebLinkAbout389648 A-1 CHIPSEAL CO - PURCHASE ORDER - 9123708 (2)y PURCHASE City ofCollins ORDER, SONS NumberPage 1 of 2 number must appear ..,Fort, /' [Tl6his all invoices, packing /ips and labels: Date: 06/27/2012 Vendor: 389648 Ship To: STREETS DEPARTMENT A-1 CHIPSEAL CO . CITY OF FORT COLLINS 2001 W 64TH LANE 625 NINTH STREET DENVER Colorado 80221 FORT COLLINS Colorado 60524 Delivery Date: 06/27/2012 Buyer: JOHN STEPHEN Note: Line _. Description P Quantity. Ordered_ UOM Unit Price Extended Price`. 1 HACO BID 7256 2012 RENEWAL 1 LOT LS - 697,586.30 PER TERMS AND CONDITIONS OF BID 7256 AND AGREEMENT DATED JUNE 14, 2012' 2 .Street & Bridge Maint Sery :1 LOT LS 268;064.95 Total $965;651.25 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order TcGTs 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 98-04502, Federal Excise Tax Exemption Certificate of Registry 84-W00587 is registered with the Collector of late.] Ravens, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failmc 16 meet Specifications, either when shipped ar dire to defects of damage in transit, may be returned to you for credit and art not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City offal Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon Strict performance of the terms and conditions hereof. failure or delay to exercise any rights or remedies povided herein or by law, failmc to pmmptly'nOttfy the Seller in the event Of la breach. the acceptance ofm payment for good hereunder or approval of the 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 peformancc hecefor any ofits rights or remedies as to any such good, regardless of when shipped, received or accepted, as to any prior or subsequent default hacundcr, nor shall any purported om1 modification or rescission of this purchase order by the Purchaser operate as a waiver ofany ardor fermi hereof. Final Acceptance. Receipt of the merchandise. Services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. autbonzed paymcat on the part of the City of Fort Collins However, it is to be underslnod that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact bome by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order. the Scllcr hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments muss be F.O.B., City of Fort Collins. 700 Wood St., Fort Collins. CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular good 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 most accompany invoice. Additional charges for packing will not be accepted. - 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing point in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thcm,ficr indicates its inability or unwillingness to comply, the Purchaser Shipments arc made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all �nct ecc.v,errA ..:rF .,,.F ,.ink Permits. Seller shall grooms -at sellers sole cast ell necessary permit. certificates and licenses required by all applicable laws, regulations, ordinances and roles of the state. municipality, territory err political Subdivision where the work is performed, or required by any other duly constituted public authority having junsi iction Over the work of vender. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All parties to this contract agree Iha1 the representatives arc, in fact, bona fide and possess full and complete authority to bind said parties. ' LIMITATION OF TERMS. This Purchase Order expressly limit aeceptanm to the terms and conditions stated been, set inch 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 premised delivery date as noted. Time is ofhh essence. Delivery and performance must be efected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, wilhoul limitation, acceptance of partial laic 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 ofplaeing 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 rouse, not reasonably foreseeable which arc beyond its reasonable control and without its fault ofncgligencc, Such acts of God, acts ofcivil or military authorities, governmental pro dies, fires, strikes. Bond, 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 loll by mason ofhh delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this older will conform with applicable drawings, specifications, samples and/or other description given, will he fit for the purposes intended, and performed with the highest degree of care and compctence in accordance with accepted standards for work of a similar namrc. The Seller agrees to hold the purchaser harmless from any loss, damage or mp"se which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Scllcr 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 provided by the Seller after the date of acceptance ofthe good furnished hereunder (acceptance not to be unreasonably delayed), resulting front imperfect or defective wad; done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as othmisc Provided in this purchase Order, the Sellers liability hacunda shall extend to all damages proximately caused by the breach ofany of the foregoing wormntics or guarantees, but such liability shall in no event include loss ofprefit or lass 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 tent by "Tine; change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or dmwxinp, by verbal or written Orange Order. If any such change afeets 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 err all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable fur any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or co iuquential damages, and that no such adjustment be made in favor of the Seller with respect to any good which arc the Sellers arandrrd stock. No Such termination shall relieve the purchaser or the Scllcr of any of their obligations as to any goods delivered hermadcr. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or mmunation is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all good 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 docmmment 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 hcrcin by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages sufered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign. transfer, or convey this order. or any monies due or to become due hcrcunda without the prior written consent of the other party. 10. TITLE - The Seller warrants full, clear and unrestricted title to the Purchaser fur 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 of others. The Seller shall relezu the Purchaser and it contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. _ This release shall apply men in the event of fault of negligence of the parry released and shall extend to the direcmrs, officers sad employees of such party. The Scllcrs contractual obligations, including warranty, shall not be darned 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 or process covered by letter, patent, trademark or copyright, the Seller 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; and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such infringement at any time timing the prosecution or oiler the completion of the work. In case said equipment, or any pan thereof or the intended rise of the goods, is in such suit held to constitute infringement sad the use of said equipment or part is enjoined. the Seller shall, it its own expense and at its option, either procure for the Purchaser the right to motion, using mid equipment or parts, replace the same with Substantially equal but naninfringing equipment, or moc ify it so it becomes noninfnaging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint e receiver ar trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. I6.GOVERNINGLAW. - The definitions of terms used or the interprciation of the agreement and the rights of all parties hereunder 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 Seller is to perform work hereunder. including the services MSellcn Representative(s). on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the acme is fully completed and ncccplcd, and shall, in case of any accident, destruction err 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 of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller. the Seller shall receive, unload. store and handle same at the site and become responsible therdm ss though such materials and/or equipment were being furnished by the Seller under the order. I R. INSURANCE. The Seller shall, at his own expense, pmvide for the payment ofworkcN compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order. anchor 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 In, contractual and automobile public liability insurance with bodily injury and death limit of at least S30,000 for any one person. S500.000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Scllcrs or his contractors 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 provided. Such certificates shall specify the date when larch compensation and insurance have been provided. Such eenificates shall Specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until oiler the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability fur any and all damage, loss or injury ofany kind or namrc a hatsoeva to perms or property, caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold homeless 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 pror" 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 cast any suit or other pmmedings shall be brought against the Purchaser, or its officers, agent 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 it or their officers, agents or employees as aforesaid, the Seller hereby agree, 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 mpcaus, any and all judgment that may be incurred by or obtained against the Purchaser or any of its or their affects. 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 parties in or as a re it of Such suits or other proceedings, the Seller will at Once "use the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contrmons shall take all safety precautions, furnish land install all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to Safety including, bra without limitation, the Occupational Safety and Health Act of 1970 and all rul" and regulations issued pursuant therein. Revised 032010