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HomeMy WebLinkAbout389648 A-1 CHIPSEAL CO - PURCHASE ORDER - 9143792Fort Collins Date: 07/07/2014 Vendor: 389648 A-1 CHIPSEAL CO 2001 W 64TH LANE DENVER CO 80221 PURCHASE ORDER PO Number Page 9143792 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: 07/03/2014 Buver: JOHN STEPHEN Note: Line Description Quantity - UOM Unit Price Extended Ordered Price 1 2014 ASPHALT SURFACE TREATMENT BID #7417 1 LOT LS PER TERMS AND CONDITIONS OF BID 7417 AND 2014 CONTRACT RENEWAL AGREEMENT DATED 5-30-14 2 2014 ASPHALT SURFACE TREATMENT BID #7417 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 LS 458,717.43 570,838.62 Total $1,029,556.05 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Ternis and Conditions Page 2 of 2 1. COMMERCLoLDETAILS. Tax exampdons. By statute the City of Fort Collins is; exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cenifiw r of Registry 846000581 is registered with the Collector of formal Reveau, Deaver, Colorado (Ref. Colorado Revised Somalia 1973, Chapter 39-26,114 (a). Goods Rejected. GOODS REJECTED due to failue to meet Vociftcatmen, either when shipped or due to defects of damage in transit, may be reamed to you for credit and ere not to be replaced except upon receipt of wriden incommeas firm the City of Fort Collins. Inspection- GOODS me subject to the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE w dependent upon completion ofail e,plicablerequired inspection procedures. Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless otherwise specified on this order. Npermission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional cbages for packing will not be accepted. Shipment Distance. Where manufacarwa have distriburing points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and ashes of the star, municipality, territory or political subdivision when the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller fuller agrees to hold the City of Fort Collins harmless Boom and against all liability and loss incurred by them by reason of an assured or established violation of my such laws, regulations, ordinances, miles and requirements. Authorization. All parties to this wntract agree that the representatives arc, in fact bona fide and possess full and ompleto authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tenses and conditions stated herein set Boll and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or diftco t terms and conditions proposal by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment in Sails on your promised delivery date as noted Time is ofthe rssen¢. Delivery and performance must be effected within the time stated on the purchase order and the documents worhed brown. No acts of the Purchasers including, without limitation, acceptance ofpar ial late deliveries, shall Warne as a waiver offhis provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall at be liable for damages as a result of delays due to caow, act reasonably foreseeable which are beyond its reasonable coal.) and wbl o n its fault of negligence, such acre of God, acts ofeivil or military authorities, govemmental priorities, fires, strikes, flood, epidemics, wars or Him provided that notice of the conditions causing such delay is given to the Perin within five (5) days of the time when the Sella fast received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the rime actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples andtor other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser barmlem from my lass, damage or expense which the Purchaser may sutler or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arism, within one (1) year or within such longer period of time m may be prescribed by law or by the owns of my applicable mustily provided by the Seller after the date of acceptance of the goods fumlshed hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seiler. Acceptance or use of goods by the Purchaser shall nor institute a waiver of my claim under this warranty. Except at othewise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or pointers, but such liability shall in no event include loss ofprofts or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchase, may make changes to legal tenor by written change order. 5. CHANGES M COMMERCIAL TERMS. The Purchaser may make any changes to the teens, other than legal terms, including additions to or deletions from the quantities originally ordered in hie specifications or drawings, by verbal or written change order. If any such change affects the amount due o, the time of,whi m orne hereunder, an equitable adjustment shall be mode. 6. TERMINATIONS. The Purchaser may at any time by written change rrden terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties or to my work or materials then in progress provided that the Punchier, 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 web adjustment be made in favor of the Seller with respect a any goods which are the Sellers standard stock. No such taminmtirn shall relieve the Purchaser or the Sella ofany oftheir obligations as an any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thiM (30) days fmm the time the change or worniwtlon is ordered. S. COMPLIANCE WITH LAW. The Seller warants that all goods sold hereunder shall have been produced, sold delivered and famished in strict compliance wills all applicable Imes and regulations a which the goods are subject. Pm 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 agreements of this character are hereby inew,omted herein by this reference. The Seller agrees to indemnify and hold the Purchaser ham,less from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, harsher, 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 uninstructed fide to the Purchaser for all equipment, materials, and items furrdshed in performance of this agreement free and clear of any and all liens, owhimons, reservations, security interest encumbrances and claims ofotlsen. 11. NONWAIVER. Failure of the Purchaser to insist upon strict pM rmmc i of that terms and conditions hereof, &it. ar delay to exercise any rights or remedies pmAded herein m by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods bartender or approval affix design, shall notaleass the Seller of my ofthe wammn ies or obligations of this Purchase order and shall not be deemed a waiver of my tight of the purchaurto insist upon strict performance beeof or any ofits rights or iemedies a to my such goods, regardless of when sbipped, received m accepted, as 1. my prior or subsequent default hereunder, nor shall my purported oral modification or scission of this pombese order by the Purchase, operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANIIfRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, ovecharges resulting firm antitrust 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 all claims it may now have or hereafter acquired under federal or state mtitrust laws for such overcharges relating a the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser timers the Seller to cured nonconforming or defective goods by a data to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or woullitignes, to comply, the Purchaser may cause the .,it to be performed by the most expeditions meats available to it, and the Seller shall pay all wsa associated with such work. The Seller shall release the Purchaser and its contactors of any tier from all liability and claims of my aware resulting from the performance of such work. This tartar shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees of such party.. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, became such work is performed or caused to be Performed by the Pttrchuer. 14. PATENTS. Whenever the Seller is required to use any design, device, material orpromss covered by letter, patent trademark or copyright, the Sella shall indemnify and save hamrless the Purchaser from any and ail 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 cost, expense or damage which it maybe 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 combine infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense end at its option, either procure for the Purchaser the right to continue coin, said equipment or parts, replace the same with substantially' cal but noninfringing equipment, or modify it sa it becomes noninfringing. is. MSOLVENCY. 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 business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterns used or the interpretation ofthe 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 whne the Seller is to perform work hereunder, including the services of Sellers Ruwasentative(s), on- the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellei s awn risk until the same is tally completed and accepted, and shall, in case of my accident destruction or injury to %e work and/or materials before Sellers final completion and cceptance, complete hie work at Sellers own expense and to the satisfaction of the Purchaser. When warmish; and equipment an, amished by others for installation or erection by the Sella, the Seller shall receive, inland, Sam and handle same at the sin wad become responsible historic, as though such materials and., equipment were being famished by the Seller under $e order. I S. 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 purchnx order, and/or to their dependents w accordance with the laws of tho state th which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual end automobile public Liability insurance with bodily injury and death limits of at least $300,000 for any one penom 8500,000 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, Party, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with n mot fiwm That such compensation and insurance have been provided. Such certificate shall specify the die when such compensation and insurance have been provided. Such eertifiwte shall specify the data when such compensation and insurance expire. 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 assume the entire responsibility and liability for any and all damage, loss or injury ofany load or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my r all of hie Purch.,S ofticars, 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 my act action, neglect, omission or default oa the part of die Seller, any of Ids contractors, or any of the Sellers or contradon officers, agents or employees. In rase my suit or other proceedings shall be brought against the Pmcbaser, or its officers, agents or employees at any time on account or by mason of my act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officer, agents or employees as aforesaid, the Seller hereby ag,ers to assume the defense thereof and to defend hie same at the Sellers own expense, to pay any and all casts, charges, an neat, fees and oche, expenses, any and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment cr other that be placed upon or obtained against the property ofthe Purchaser, or said parties is or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giv Wbond or otherwise. The Seller and his whometors shall take all safety Fores bore, f 'sh and install all ,wards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limita m, the Occupational Safety and Healdn Act of l9]0 and all rules and regulations issued parsttmt thereta. Revised 03I2DO0