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HomeMy WebLinkAbout389648 A-1 CHIPSEAL CO - PURCHASE ORDER - 9143792 (2)PO PURCHASE ORDER 914379er Page CI�I of PURCHASE 9143792 1 of 2 ' `} Collins I„s This number must appear V ` 1 1 on all invoices, packing sli s and labels. Date: 10/27/2014 Vendor: 389648 A-1 CHIPSEAL CO 2001 W 64TH LANE DENVER CO 80221 Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 07/03/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 3 2014 ASPHALT SURFACE TREATMENT Change Order 1 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.mm 1 LOT EA 274,655.80 Total $274,655.80 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 L COMMERCIeLL.DUAILS. Tax exemptions. By statute the City of Fen Collins; is exempt fmm state and [met taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000589 is registered with the Callmmr of Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure 0 meet specifications, either when shipped or due to defects of damage in tonsil, may be returned to you for credit and are not m be replaced except upon receipt of written instructions fmm the City of Fall Collim. Inspection. GOODS arc subject to the City of Fan Collins inspection an arrival. Fiat Acceptance. Receipt of the mcialmadise, services or equipment in rtslwnsc to this older con mull in authoved payment on the part of the Ciry of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE o dependent upon completion of all mpliable diquird inspection procedures. Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wad St-, Fort Collins, CO 80522, unless otherwise specified on this aide,. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. when manufuturers have distributing points in various pans of the country, shipment is expected from the nearest distribution Point to destination, and excess freight will be daltie d from Invoice when shipments are made from grater distance. Permits. Seller shall prmmrt at sellers sole cost all necesury permits, cenifcma and [icnsses miird by all applicable laws, regulation, ardiwnces and mles arm, state, municipality, mrritery or political imbibition where the work is performed, or required by any other duly constituted public authority havingjurisdiction over the work of vendor. Seller further agrees to hold the City of Fun Collins Legal. from and against all liability ad loss internal by them by reason of an assumed or ancblishd violation of any such laws, moldering, mdimancce, rules and requirements. Authorization. All parties m this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Other expressly limits ecttprance la the arms and conditions stated herein set forth and any supplementary or additional terms and mrwition aanexd hereto or incorporated herein by mference. Any affiliated car dif@renl terms and rondims- proposed by seller art ahead to end hereby jtttd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipmem to mrive ern your promised delivery date a noted. Time is of the asenre. Delivery and performance most be eflbded within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of i e dual late deliveries, shall operate m a waiver of this provision. In the event of any delay, the P.mbaser 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 far damages as a resall of decoys due la caeca oat reasonably foreseeable which are bryond its reasonable control rend without its fnall ufnegligence, such acts of Gd, acs of civil or military authorities, governmental priorities, fires, strikes, Bond, epidemics, was or hots provided Oat notim of the condition caning such delay is given to the purchaser within rive (5) days of the time when the Sella fear received knowledge thereof In the event of any such delay, the date or delivery shall be extend& for the peril equal by the time mtally lost by ream. of the delay. 3. WARRANTY. The Seller warrants that all goods, asides, materian and work covered by this order will conform with applicable drawings, weveificatims, samples and/or other decriptiens given, will be fit for the purposes intended, and performed with the highest degree of care and competence in mcoldance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may sufferer incur on accent ofthe Sellers breach of warranty. The Seller shall replace, repair or make Bowl, without cost no 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 terns many applicable warranty provided by the Seller alter the date of acceptance of the goods burnished hereunder (acceptance not be unreasonably delayed), resulting fmm imperfect or defective work done or materials famished by the Seller. Acceptance or ere of good by the Purchaea shall not antiNte a waiver of my claim urster this wearmary. Except as otherwise provided in this purchase older, the Sellers liability hereunder shall extend to all damages Luminously caused by the breach of my of the foregoing wamnlow 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. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legul terms by writes change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaner may make any changes to the more, other than legal terms, including additions m or deletion from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change offices the amount due or the time ofaefrnnance hereunder, an equitable adjusment shall be made. 6. TERMINATIONS. The purehour may at any time by writm change order, terminate this agreement as to any or all potions of the goad then not shipped, subject any equitable mijuament belween lbc panics as to any work ar mmenals then in Progress provides] that the Purchaser shall not be liable For any claims for anticipated profits on the uncompleted portion of the goods soldier work, for incidental or con ow medal damages, and Net no such mijustmmn be made in favor of the Seller with respect to any goods which art the Sellers smndaul stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations is to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Seller wisdom that all good sold hereunder shall have been produced, sold, deliveml and famished in sand compliance with all applicable laws and regulation to which Am gods art subject- The Seller shall eadme urid deliver such documents ns may be required in effect or evidence compliance. All laws and regulation required In be ncoryomted in agreements of this character are hereby gempnmted herein by this reference. The Sena agrees to indemnify and hold the Purchaser hmmles form all cosh and damages suffered by the Purchaser ek a mull of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, handled. or convey this order, or any monies due or to become due hereunder without the prior wrihen consent ofthe other perry. 10. TITLE. The Seller wansas full, clear and mirmrricked title m the Purchases for all equipment, materials, and it. fiundshed in performance of this agreement, fie mst clear of any most all liens, rtstricuom, resrn'ations, secunry interest encumbrances and claims products. 11. NON WAIVER. Failudi of the Purchaser to inist upon strict perfo... of the tams and conditions hereof, failure ad delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance afar paymmr for goods hereunder or approval ofthe design, shall not what the Seller of any of the waanmties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon stria performance hereofer any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent &fault hediundo, nor shall any purported and mndificalion or rescission of this pmrhaw order by the Purchaser middle as v waiver of any of the Lama haeof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in ndual economic practice, overcharges moulring firm antivust violations art in fact home by the Purchaser. Thernofors, for good cats, and as consideration for executing this purchase order, the Seller hereby assigns to the Portland any and all claims it may now have or hareaf er acquired under federal or sate anneust Laws for such overcharges dilating to 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 doods the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its liability ex unwillingness to comply, the Purchaser may cause the work to be performed by the most expedition means available by it, and the Seller shall Levy all casts associated with such work. The Seller shall ¢leas the Purchaser and its contactors of any tier form all liability and claims of any am e resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry mlend and ahall extend to the directors, officers and employees of such party. The Sellers contractual obligations, including warranty, shall not be Seamed to be reduced, in any way, because such work is Performed or caused to be performed by the Purchase. 14. PATENTS. Whenever the Sella is required m use any design, device, materal or process covered by later, Patent, trademark r copyright, the Seller shall indemnify and save harmless the Purchaser fixed any and all claims for infringement by mown 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 may be obliged on pay by reason ofsuch infringement at any time during the Foundation or after the completion of the work. In case said equipment, or any From thereof or the intended ere of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the some with substantially equal but noninfringing equipment, or modify it sat it becomes noniefringing. 15. INSOLVENCY. If the Seller shall became insolvent or bacr mpt, make an xnsigexame for the brecN of creditors, appoint a or trntce for any of the Sellers property war er bme s, this mare holy forthwith W ironclad by drc Purchaser without liability. 16. GOVERNING LAW. The definitions of terms red or the interpretation ofthe agreement and the rights of all parties hereunder shall rate rorsrmed under and gmxmed by the laws ofthe State ofColamdo, USA. The following Additional Conditions apply only in onus where the Seller is to perform work hereunder, occluding the services of Sellers R,,e,e.mtive(s), as the premises creators. 17. SELLERS RESPONSIBILITY. The Sella shall army on said work at Sellers own risk until the same is fully completd and accepted, and shall, in use of any accidenr, desw<tion or injury to the work and/or materials before Sellers fool completion and acceptance, complete the was ad Sellers own expanse and as the satisfacried of the Purchaser. When materials and equipment are f uhed by others fro installation or ertedon by the Seller, the Seller shall receive, seer].& sore and handle same as the site and become responsible therefer as though such dowerieB and/m equipment were being famishd by the Seller under the coda. 18. INSURANCE. The Seller shall, at his awn exporters, provide for the payment of workers compensation, including occupational disease benefils, to is 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 sure in which the work is to be done. The Seller shall also any mmprehenaive general liability including, but not lini d to, communal and automobile public liability insurance wish Wily injury and death limier of at lead $300,000 for any one parsed, S500,000 for any cam accident and property damage limit per accident of M00,000. The Sella shall likewise require his cuntmiors, if any, to provide for such compamation and insurance. Before any of the Sellers or his contractors empayees shall do any work upon the premise cradlers, the Seller shall famish the Purchaser with a cenificam Oat such compensation and insurance have been provided. Such certificates shall specify the dale when such ompeashad end insurance rave been provided. Such certificates shall sagacity the date when such cmmpematimn and insurance expires. The Seller agrees that such compensation and ineuranancc shall be maieamed uatil mid the emir, work is complied and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby resumes the entire responsibility and liability for any end ell damage, loss err injury of any kind or nature whatsoever to persons or pmpuny caused by or resulting fmm the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Pearchow and any r all of the Purchasers officers, agents and employees from and agairst my and all claims, losses, damages, charges or experecs, whether direct or indirect, and whether to person or property to which the Purchaser may be par or subject by reason of any azL action, ncglers, omission or &fault oa she Pon of the Sella, any of his conoracmrs, or any of the Sellers or comrazmrs officers, ageuts car employees. In mu any suit or other pmeedings shall be bought agairst the Purchaser, car its oRcers, agents or employees al any time on account ar by down of any act, action, neglect, omission or default of the Sella of any of his contractors or any of its ar than officers, agents or employees as starestill, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers awn expense, to pay any and .11 exam, charges, attorneys, fives 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 pmeedings, and in case judgment or other lien be placed upon or obtained against the property of the Pu chmeq or said parties in or as a result of such suits or other pmeedings, the Seller will at once wale the same to be dissolved and dischagd by giving bond or otherwise. The Sella and her contmaors shall rake all safety precautions, famish and install all goods necessary for the prevention of accidents, comply with all lows and regulation with word to safety includin& but without limitation, the Ompatioal Safety and Health Act of 1970 ad all rules and regulations issued pursuant thado. Revised 07/2014