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HomeMy WebLinkAbout389648 A-1 CHIPSEAL CO - PURCHASE ORDER - 9143792 (3)Fort Collins Date: 12/05/2014 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 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 4 2014 ASPHALT SURFACE TREATMENT Change Order 2 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 EA 33,575.00 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. COMMERCIALDEfA1LS. Tax exemptions. By statute the City of Fort Collins is exempt from stare and local taxes Our Exemption Number is 98-N502. Federal Excise Tax Exemption Cmificme of Registry g4-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). Goods Rejected. GOODS REWCi'ED due to failure to meet specifications, either when shipped Or due to defects of damage in Rossi, may be returned to you for credit and are not to W replaced except upon receipt of written instructions from the City of Far Collins. Inspection. GOODS are s.bjmt W the City of Fos Collins inspection on naval. Final Acceptance. Receipt of the merchandise, services or equipment in respa ce to this order an result in authorised payment on the part of the Cary of Fort Collins. However it is to be understood then FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight TOms. Shipments most be TOM,, City of Far Collins, 700 Wood St., Fun Collins, CO 80522, unless otherwise specified on this order. Upermission is given to prepay freight and charge separately, the Original freight bill must accommanv maim. Additional cherees for oacking will not be acemtd. Shipment Distance. Where manufacturers have disu bming points in am.. parts of the country, shipment u expected from the rarest distribution in, 1. Jestannow, and excess f fight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all neasi permits, certificates and linmes required by all applicable laws, regulations, ordinance and roles Of the some, municipality, territory or Political subdivision where the work is performed, or required by any other duly constituted public euthadty having jurisdiction over the work of vendor. Seller further agrees to hold the City of Far Collins harmless from and against all liability and loss incurred by them by reactor of an asserted or established violation of any such laws, regulations. Ordinances, rules and requir teems. Authorization. All parties to this comma agree thot the o"amenNtive, are, in fact, bona fide and possess full and andsom authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits mceptame to die terms am conditions staid herein set fend and any supplementary or additional temss and conditions annexed hereon or incorporated herein by refireasm. Any additional or different rams and cooditioas proposed by seller are objected to and hereby rejected, 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immdosely if you cannot make complete shipment to wave m your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated ,a the purchase order and the dcarraits attached hereto. No acts of the Purchasers including, without limitation, acceptance Of partial late 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 rtmdles. the option of placing this order elsewhere and holding the Sella liable for damages. However, the Sella shall not he liable for damages as a result of delays due to causes not reassembly fofemackle which are beyond its reasonable control and without its fault of negligence, such rots ofGod.acts ofeivil or military authorities, goveremenol prioatie,f s, strikes, Roof, epidemics, wars or riots provided Nat sonde of the candluou caws., such delay is given to the Purchase 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 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, sample and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree Of care and competence in accordance will accepted standards for work of a similar ware. The Seller ,as I. hold the purchaser hmmless from any lass, damage or expense which the Purehaser may soli or incur on account of the Sellers breach of waranty. The Seller shall replace, repair Or make good, without cast to the purchaser any defects or faults writing within one (I) year or within such longer period of tint, as may be Prescribed by law, or by the terns of any applicable womanly provided by the Seller offer the date of anccyonce of the goods finished hereunder (mapont trot ka be umeasombly delayalk reuhing from imperfnt or defemive work done or materials fu.ished by the Sella. Acceptance muse of goads by the Purchaser shall Out matio e a waiver of any claim under this warranty. Except as otherwise provided in this puahme order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warrwties or guarantees, but such liability shall in at 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 legal tents by wnhm change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my change to the tents, other than legal terms, including additions to Or deletions from me quantities originally ordered in the spec ficatiom or drawings, by vabal a wrmen 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 agreemem as to any or all mmors of the Wands 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 nor be liable for any claims for anticipated profits oa the uncompleted portion of the goods and/or work, for incidental ar an mamotial damages, and that no such adjustment be made in favor crime Seller with raper m my goods which m am Sellers standard stock. No such te.uinamat shall relieve the Purchaser or the Seller of my ofdair obligations an, to any goads delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assumed within thirty (30) days (ram the date the change or femdratim is ordered. 9. COMPLIANCE WITH LAW. The Seller warrants that all goods sold heremder shall have been produced, sold, delivered and famishd in strict compliance with all applicable laws and regulations to which the goods are subject. The Scller shall execute and deliver such documents as maybe required an effect in evidence compliance. All laws and regulations required to be incorporated ir agreements of this character are hereby incomeased herein by this reference. The Seller agrees to indemnify and hold the Purchaser formless from all costs and damage wti d by thc Purchaser as a result of the 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 writen consml Ofthe offset party. 10. TITLE. The Seller warrants full, clear and constructed title to the Purchaser for all equipment, materials, and items firanished in performance of his agreement, free and clear Of any and all limits, restrictions, reservations, sectary interest encumbrance and claims of orhm. I I. NON WAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to say rights or remedies provided herein Or by law, failure to promptly ootlfy the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval oflhe design, shall not release the Seller of any Of the warranties or obligations of this purchase aide and shall not be deemed a waiver Of any right of the purchaser to insist upon strict performance hereof or my of its rights or remedies as many such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereanden nor shall any purposed am[ modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Purehasn recognise that in actual economic practice, overcharges resulting from antitrust violations are in fact hate by the Purchaser Thamoforefor ugood cause and as considerman fro executing this purchase Order, the Seller hereby assigns to the Purchaser any and all claims it may now have or her aRe acquired under federal or state aminum laws for such overcharges miming to the particular goods or services purchased or acquired by the Purchaser Pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Sella to correct nonconforming or defective goods by a date m be agreed upon by the Purchaser and the Seller, and the Sella fcrafter indicates its inability or unwillingness to comply, the Purchaser may cause the work On be Performed by the anon expeditious am. available to in, and the Sella shall pay, all costs usoci,ed with such work. The Seller shall release the Purchaser end its contractors of any tier from ell liability and claims of any nature maturing from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party messed and shall extend to the directors, officers and employees of such party. The Sellers contractual obliptiom, including wawa fry, shall not be deemed to be reduced, in any way, because such work is Perforated or caused to be performed by the Purchase. 14. PATENTS. Whenever the Seller u required to use any design, device, metcrial or process covered by later, patent, trademark Or wpyright, the Seller shall indemnify and save harmless the Purcloomr from any and all claims for infringement by reason of the use of such patented deign, 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 during the prosecution Or after the completion of the work. In case said equipment, Or any pas thereof Or the intended use of the goods, is in such soil beld In corminte infnnpirmm 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 fight to continue using said equipment or pans, replan the same with substantially equal but noninf figing equipment, or modify it to it becomes containing. 15. INSOLVENCY, If Rse Seller shall become iraolvenm Or bankrupt, make on assignment for the benefit of creditors, appoint e reactor or o-usom for any of the Sellers pamery or business, this order may foMwislr be eonceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of teas used or the interpretation of the agreement and the rights of all Panics hereunder shall be construed under and governed by the laws crib, State Of Colorado, USA. The following Additional Conditions apply only in cases where the Sella is to perform work hereunder, including the service of Sellers Rryrese mitive(s), on the premises afothers. 17. SELLERS RESPONSIBILITY. The Sella shall carry m said work at Sellers own risk and the same is fully completed mrW mcapted. and shall, in cue of my accident, destruction or injury to the work and/or marendk bef Sellers final completion and mceptance, wmplem the work in Sellers own a.,. and ro the satisfaction of the Ptuchasa. Whm.,crisis and equipment we fumishad by others for installation or erection by the Seller, rise Sella shall main, unload, store and handle same in the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the under. I I. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, including mcup,io is disease benefits, to its employees employed on or N corrosion with the work covered by this puremse order, ars or to their dependents in vaardance with the laws of the sole in which the work is to be done. The Seller shall also carry mmpmhensira %meal liability iccuiing. ben not limited m, connacaal and automobile Public liability, insurance with bodily injury and dram limits of, least 5300,000 for any we person, MOKLO p for any, e accident and property damage limit per accident of S400,000. The Seller shall likewise require his ontracto, if my, to Provide for such compensation and announce. Before any of me Sellers or his townsman employees townsmanmployees shall der my work upon the premises of others, the Seller shall fetish the purchase with a cerriemte that such cumpention and insurance have Iteen provided. Such cenifcara shall gatry the date when such Ompens,ion and insurance have Peen provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agree that such compensation and insurance shall be maintained until alter the entire work is templed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby --the cofite mpomibiliry and liability fir any and all damage, loss or injury ofany kind Otisr re whensoever to pesons ra p.,my ever d by a resulting from the examim of the work provided for in nature purchase order or in mutation herewith. The Sella will indemnify and hold harmless the Purchaser and any r all of the Purchasers flcars. at. and employees from and npinsl any and all claims, laws, damages, charges or expenses, whether direct or indirmr, and whether to persons or property in which the Purchase may be put or subject by ratan Of any act, action, neglect, omission or default on the pm of the Seller, my of his m,mctors, or any of an Sellers or contractors Officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, Or its officers, agents or employees at any If., on account or by reason of any rot, when, neglect, omission Or default of the Seller of my of his conmmmrs or my of its or their olEcas, agents or employees as aforesaid, are Sella hereby agree in assume the defence thereof and to defend flue same in the Sellers own expense, to Pay any and all costs, charge, aromrys fees and order expenses, my and all judgments that may he incurred by or oboincd against the Purchaser or any of its or their officers, agents or employees in such suits or other pmcedmgs, and in case judgment a other lien be placed upon or obe irred ape= the property ofhe Purchase, or said panic in a as a result ofsuch suits or other proceedings, the Sella will in once came the same a be dismlved and discharged by giving bond or otherwise. The Seller and his contractors shell cake all safery prosmtious, fetish and install all guards necessary for the prevention of ccidents, comply with all laws and regulatoas with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant theMe. Revised 074W14