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HomeMy WebLinkAbout438489 COLORADO ASPHALT SERVICES INC - PURCHASE ORDER - 3214331 (2)PO PURCHASE ORDER 3214331 Page City. of14331 1of2 �} Collins( his number must appear �`` V 1 1�7 on all invoices, packing sli s and labels. Date: 08/26/2014 Vendor: 438489 COLORADO ASPHALT SERVICES INC PO BOX 329 COMMERCE CITY CO 80037 Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 01/15/2014 Buyer: 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 tc PO 1 LOT LS 20,000.00 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 Total $20,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By starite the City of Fort Collins is exempt foods sure and local rues. Our Exemption Number is 98-01502. Federal Excise Tax Exemption Cenifcate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stamto 1973, Chapter 39-26, 114 Ed. Goods Rejected. GOODS REJECTED Jae to failure to meet speci actions, either when shipped or due to defects of damage in nowi4 may be relumod w y.a for credit Said ore not m be replaced except upon receipt of Warren instructions from the City of Fort Collins. Inspection GOODS me subject to the City of Fort Collins inspection on wrist. Final Acceptance. Receipt of the memdmdise, survirev or equipment in response to this order can mulr in amhorined payment as the pan of the City of Fort Collim. However, it is to ho understood that FINAL ACCEPTANCE is dependent most completion of all W hoable purred impaction prwedures. Freight Terms. Shipments must be F.O.B., City of Too Collins, 900 Woad Sr, Fort Collins, CO 80522, unless otherwise Specified on this order Kornai is given to prepay freight and charge sepamaly, the original freight bill must Sccomnanv invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in canous parts of she country, shipment is expected from rise nearest distribution point ro destination, and exerss (eight will be deductud from Invoice when shipments we made tram poster disunce. Parties. Seller shall pmcore at sellers sole cods all necessary permis, cenificams and It. argument by all applicable laws, regulations, ordinances and It, of the sum, municipality accident, or political subdivision where the work is performed, or acquired by any ocher duly cortnimted public amhrlty having jurisdiction over she work of vendor. Seller fuller .,am fro hold the City of Fort Collins handless from and against all liability and lass incurred by them by rewash of an sssened w established violation of any such laws, regulations, wherwees, rules and requirements. Amhorizamn All parties to this contract agree that the representatives are. in fact, whim fide and possess full and temple, authority to bind said panics. LIMITATION OF TERMS, This Purchow Order expressly limits acceptance to fie rams and conditions sated herein sat forth and any supplementary or additional Terms and conditions annexed bctrto or incorporated herein by reference. Any additional or different team and conditions mWeved by Salter are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to drive on your promised delivery date as noted. Time is of fair essence. Delivery and perfomemce must be effected within the time sated on the purchase order and the documents anacged herem. No cis of the Purchasers including. withom Radiation, acceptance of partial lure deliveries, shall operas as a waiver ofthis provision. In be event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere :rod holding the Seller liable for damagea. However, the Seller shall Of be liable for damages as S crash of delays due,, causes nos reasonably foreseeable which are beyond its reasonable control Said without its fault of negligence, such Sets of God, acts of civil or military authorities, gswemmmtal precious. fires, strikes, flood, epidemics, wars or Hors provided that notice of the conditions causing such delay is given m the Purchaser within five (5) days of the time wbm are Seller first received knowledge thereof. In the event of my such delay, the date of delivery shall her esu nded for the period equal to the dime aught lost by reason of the delay. 3. WARRANTY. The Seller watasnrs that all goods, articles, materials not wort covered by this order will confmm with applicable drawings, specifications, samples andlor other descriptions given, will be fit for the purposes intended, and performed with fie highest degree of care and competence in accordance with accepted sundards for work of a imi4r more. The Seller agrees m hold the purchaser hamJeas from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall mplvee, repair or make good, wabout cost m the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law w by Ue terms ofmy applicable warranty, provided by she Sell,, site, she date of acceptance of the goods fnmishad horevader (acceptance not to be unreasonably delayed), resulting from imperi S or defective work done or materials Furnished by the Seller. Acceptance or use of gwds by the Purchaser, shall not constitute a Soiree ofany claim wrier this wsaavty. Except ss wherwdx provided Or this puahwo order, she Sellers liability hereunder shall extend to all damages prawars ely caused by the breach of my of fed foregoing warmntiec or guarantees, but such liability shall Or no event include loss of pmfes or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. I he Paribas,, may make changes to legal terms by wagon change order S. CHANGES IN COMMERCIAL TERMS. The Purchvreasy make any changes I. the terms, other than legal terms, including additions to or deletions from the quantities ongimily ordered in the specifications or drawings, by verbal or wagon change order. If any such change affects the amount due or No time ofperfmmc me hereunder, an equitable adjustment shall be made. &TERMINATIONS. The Purebaser may at any rime by warren change ante,, marriage This agreement as to mY or all ponimos of the goods risen not shipped, subject to any equitable adjustment between the parties as to any work or materials then in Progress pmvidM that the Purchaser shall not be liable for any claims for anticipated prefix on the uncompleted ,onion of the goods anNur work, for incidental or consaluemial damages, and Nat no such adjustment be made in favor of f e, Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of thei, obligations as to any goods delivered heeunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change at termination is ordered. 9. COMPLIANCE WITH LAW. The Seller warrens thin all goods said hereunder shall have been produced, sold, delivered and famished in stria compliance with all applicable lawn and m latons to which she goods are subject, The Seller shall execute and deliver such documents as easy be paired to off,, or evidence compliance. All laws and regulations paired to he ne rmarted in ri mot as of this character am hereby inm,pormed herein by this art.. The Seller agrees m indemnify and hold the Purchaser baumkss fiom all costs and damages suffered by the Purchaser az a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monir, due or to become due hereunder without are ono, wnow comsent ofare of "parry. 10. TITLE, The Seller waaamrs bill, the, end tuuesacaed title to the Purchaser for all egmdpmeoa, ma,enalx, and it. famished in pearfornagoot of this agreement feet and clear of any and all lima, resvictiors, resm[tiore, second interest encumbrances and claims of others. I L NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to exervise any rights 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 aR o ul ofthe design, shall not release the Seller of any of the warranties or obligations of this pumhow order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance heaofor any of is rights or remedies as in any such goods, regardless of when shipped, received or accepted, in to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as o waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purolator secogniu am in canal economic practice, overcharges resulting from antitrust violations are in fact borne by the Purchaser. Theretofore, far Goad ca. and as maideration fro execudng this purchase order, the Seller hereby auigns to the Purchaser any and all claims it may now gave or hereafter acquired under fedeal or sate rear a d laws for such overcharges rebting to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCI LASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goads by a date to be agreN upon by the Purchaser and the Seller. and the Seller thereafter indicates its lability Or unwillingness ro comply, the Purchaser may comic the work m be performed by the most expeditions means available to it. and the Seller shall pay all costs associated with such work. The Seller shall mime the Purchaser and as contractors of my her from all liability and claims of any nature resulting from the p-fo mane, climb work. This release shall apply even in the event of fault of im imnce of the party released vad shall extend to the directors, officers and employees ofsuch party. 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 perforated by the Purchaser. 14. PATENT S. Whenever Em Seller is required to tide any design, device, material or process covered by forma patent, gademork or copyridr, the Sella shall bdwardy and save bmmless the Purchaser from any and all claims far iofna organ by reason of the use of such patented design, device, material or process in conversion with the ran cal, add shut 1 indemnify She Puel ceder for any cast, expense or dannage which it may be, abliCed to pay by erosion of such infoingement at any time during the peoscrmlon or after the completion of She work. In case said equipment. or any pan thereof or the intended tide of are goods, is in such suit held to constitute infringement and the use of Said equipment ur pan is outland, the Seller Shull, at its own expense and at its option, either prevent for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it m it becomes anclummang. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for fie benefit of creditors, appoint a resciesu or trustee for any of are Sellers property, or business, this order'rruy forthwith be, canceled by flee, Purchaser without liability. 16. GOVERNING LAW. no definitions of teens eyed or the imerpm rdon ofthe agreement and the rights ofall parties hereunder shall be coestrued under and governed by the laws ofthe Sate of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representrove(s), on the premises of others. Il. SELLERS RESPONSIBILITY. The Seller shall cony, on mid work at Sellers own risk writ the same is fully completed and accepted, and shall, in mac of any accident, destruction or injury to are work maker 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 ere famished by others for installation or entering by fie Seller, she Seller shall meries, mlood, sore and hock stone at an site and became Responsible therefor as though such emteca6 andi equipment were being fumishW by Ne Seller under the ender. 19. 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 order, andsor to their dependents in accordance with the laws of the suite in which the work is to be done. The Seller shall also carts comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with nearly injury, and death limits of or lea[ S300,000 for any one Reason, S500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise quire his contractors, if any, to provide for such confirmation and harmonic. Before any of flue Sellers or his mmacmrs employees shall do any weak upon are premises of others, the Seller Shull famish the Purchaser with a certificate that such compensation and issuance have been provided. Such Certificates shall specify the date when such compensation and insurance have Earn provided. Such certificates shill specify the date when such compensation and insurance expires. The Seller agme, Just Such comperemion and insurance shall he amiiummed =if after the wage a work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes she entire responsibility and liability for any and all damage, loss w injury of any kind r nature whatsoever to persons or property caused by err resulting from the execution ofthe work provided for in this purchase order or in comection herewilh. The Seller will instantly and hold harmless the Pamhader and any r all of the Puers .dicers, .gook and emplayees from and mudinnd t any aall claims, losers, damages, c¢had harges expemes, whether direct or indirect, and whether m persoas or property in which she Purehoser may he put or subject by reason of my act, action, neglect, omission m default on the part of the Seller, my of his contractors, or any of the Sellers or contractors officers, agents or employees. In vacce, my suit or other proceedings shall he brought against am Dorchester, or its omens, shoos Or employees at any time on account Or by reawn of say act, action, neglect, omission or default of the Seller of any of his contactors m any of its m their affirm, agents or employees as aforesaid, the Seller hereby agrees a assume the defense thereof and to defend the same et fhe Sellers own expense, m Jury my and all cask, charges, Sagami fees and order expenses, any and all judgments that may hit 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 rose judgmau 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 Seller will at once cause the same to be dissolved and discharged by giving bond or mhefwise. The Seller and his contactors shall rake all safety precastio s, famish and insult all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to Safety including, but without limhtion, the Compmioml Safety and Health Act of 1970 and all rules and re,Wait. issued pursuant themo. Revised 072014