HomeMy WebLinkAbout428489 COLORADO ASPHALT SERVICES INC - PURCHASE ORDER - 3215118PO
PURCHASE ORDER 321511er Page
CI'�f of PURCHASE
3215118 t of z
' `t Collins This number must appear
` on all invoices, packing
sli s and labels.
Date: 01/09/2015
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: 01/09/2015 Buver: JOHN STEPHEN
Note:
Line Description UOM Unit Price
1 2015 MATERIALS
1 LOT LS 1 3,000.00
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.
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
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
t. • t[AiIC r�i. .TiG[�711�
Page 2 of 2
I. COMMERCIALDETMISi.
Tax exemptions. By statute the City of Fort Collins is exempt lmm succeed d local taxes. Our Exemption Number is
11. NONWAIVER.
984N502. Federal Excise Tax Exemption Cur irima of Registry 846000587 is registries! with rise Collector of
Failure of the Purchaser an insist upon strict performance of me tames and conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Rcf. Colorado Revised Som us 1973, Chapter 39-26,114 (a).
exercise any rights or remedies provided Mean or by law, failure to promptly notify the Seller in the teem of a
breach, the acceptance afar paMant far goad hereunder or approval ofthe design, shall not relesse the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet specification, ion, either when shipped or due to defence of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in foment, nay be ectumed to you for credit and are not to h replaced except most receipt of worried
purchaser to insist upon strict perfoemanee hereof or any Olds rights or remedies as to any such goss goods, rega Ble
instructions form the City of Fort Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
oral modification or rescission of this purchax order by the Purchaser operate as a waiver offset, of the terms
Inspection. GOODS are subject to the City of Fort Collins inspeton on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, services a equipment in rapervse to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorised payment on the pan of the City of Fort Collins. However, it is to be, understood that FINAL
Seller and the Poorhouse emognlze not in actual ec mbe practice, overcharges mulling fmm enhanced
is dependent upon completion ofall makable recrand inspection proed cures.
violations an in fact Nome by the Parchareeo. Thermfonfar good cause and as considemfion for executing Nis
purchase When, de Seller hereby assigns to the Purchaser any ad all claims it may now beet or haeatler,
Freight Terns. Shipments most be F.O.B., City of Fort Collins, 700 Wead St., Fort Collin¢, CO W522, unless
acquired under fndeml or state antitrust laws for such overcharges relating on the particular goad or services
otherwise specified on this enter. If permusion is given top Pay freight and charge separately, the original freight
purchaad or acquired by the Purchaser pursuant to can purehue order.
bill most accut mwnv unique. Additional <Wreas far p rkNg will Out be mooted.
Shipment Distance. Alam manufacturers have dishbming has in various pans of the country, shipment is
expected from the nwrest distribution Poise to destination, and excess freight will be, deducted fmm Invoice when
shipments art made from greater distance.
Permits. Seller shall procure at sellers mle cost all necessary pamio, certificates and licenses required by all
applicable laws, regulations, ordinances and roles of the state, municipality, territory or Political subdivision where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Pon Collins harmless fiver add against all liability and lass
ed by them by reason of an remain or aaablished violation of any such laws, regulations, ordinances, rates
incurred
ndserequirements.
Authoritarian. All peaks to this contract agree that the representatives are, in fact, Nov fide and poa¢ss full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Ptochaee Order expressly limits mcepimce to the 1. rid commons sound
herein art food and any supplementary or additional temu and conditions annexed hereto or ineommmfnd herein by
mfermue. Any additional of dilTeeeat it. and codntwe proposal by seller are objected to and hereby rejected
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou ..of make camplae shipment to active era your
Promised delivery date as nosed. Time is of the essence. Delivery and performance most be effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance ofpanial late deliveries, shall operate as a waiver dithis provision. In the event of my delay,
the Purchaser shall have, in addition 1. 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 for damages as a result of delays
due to causes not reasonably foreseeable which ate beyond its reasonable central and without its fault of negligence,
such acts of God, acts ofervil or military auds.swirs, gmmunwartal priorities, fires, se ems, Beat epidemics, wars Or
riots provided thin notice of the conditions causing such delay is given m the Purchaser within five (5) days of the
time when the Seller fast received knowledge thereof. In the event of any such delay, the date of delivery shall od
extended for the period .11. the time actually lost by reason of the delay.
3. WARRANTY.
The Sella warrants not all gaols, articles, materials and work covered by this order will conform wish applicable
drawings, specifications, samples maker other descriptions given, will be fit for the purposes imemded, ad
performed with the highest degree of cam and competence in accordance with Brainard sondarda for work of a
similar nature. The Sella agrees to hold the purchaser harmless firm my loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall Place, repair or make
good, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer period of
time as may be pmacrmal by law or by Me moms of any applicable warranty provided by the Suite, after the date of
acceptance of the good famished hereunder (acceptance not to od unreasonably delayed), resulting fmm imperfect
or dafective work done or materiels famished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver ofery claim When this secondary. Except as otherwise provided in this purchase order, the Sellers
Liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing waermlion
or gumantees, but such liability stall in des event imlude loss ofprefits 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 terms by written theaRt order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the temp, amer than legal terms, including additions to or deletions from
the quantities originally ordered in the specifications or reiterate, by verbal or written 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 writ. change code, terminate this agreement ra to any or all pa.iom of the
goods then not shipped, subject to any equiable adjustment between Ne parties as to any work or materials men in
progress provided that the Purchaser shall not be liable fro any claims far anticipated profits on the uncompleted
portion of the good mil/or work, for incidental or consequenfial damages, and that no such adjustmen be made in
favor of the Seller with respect to My good which me the Sellers sandal stock. No such mormaatiaa shill relieve
the Purchaser or the Sella of-, afineir obligations as 10 any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days fears the dam the change ar orientation is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in after
compliance with all applicable laws and regulations a which the goods are subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be
ncatpe rated in agreements of this character are hereby incodpareted herein by Nis refewnce. The Sella agrees to
indemnify and hold the Purchaser harmless from all cods ad damages suffered by the Purchaser as a result of the
Sellers failure to comply wins such law.
9. ASSIGNMENT.
Neither party shall assign, iamfer, or convey this oher, or my mania due or to bcome due hereunder i mad the
prior written coneat nfthe other parry.
10. TITLE.
The Seller warrants bill, clear and mrestriand tide to the Purchua for all equipment, materials, and items famished
in performance of this agreement, her and dew of any and all liens, a arriamns, resmmions, samiry imerest
encumbrances and daises of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If Ne Purchaser dhecs the Seller to correct dmnconforraing or defective goods by a dare to be agreed upon by she
Fomhuer and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
May cause the work to be performed by the most expeditious means available to it, add the Seller shall pay all
costs associated with such work.
The Seller shall offense the Purchaser and its contractors of any tier fmm all liability and claims of any nature
resulting fmm the pttfomm ore of such work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, omcers and employees fsuch party.
The Sellers contractual obligations, including warranty. shall act be named to be reduced, in any way, because
such work is performed or caused to le perfmmed by the Purchaser.
14. PATENTS.
Whenever the Seller is required as use any design, device, rwredal or process covered by leper, patent trait.&
r copyright, the Sella shall indemnify and save hannlece the Purchaser from my and all claims for infringement
by reason of the tau of such patented design, device, material or process in connection with the contract add
shall indemnify the Purchaser for any and, expense or damage which it may be obliged a 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 p a thereof or the intended use of the goods, is in such suit held to candidate 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 puts, Place the same with substantially equal but
nonimbinging equipment, or modify it so it becomes Poninfringing.
15. INSOLVENCY.
If the Sella shall become insolvent or baNmpt make an assignment for the benefit of creditors, Warm a
miniver or trustee for any of the Sellers property or Moment. this order may forlwiN be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions affairs; used or the interpretation of the agreanent and due rights of ell preaies hereunder shall be
construed under and governed by the laws ufthe Sate ofColoado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
deluding the services of Sellers Repreammove(s), on the premises ofomers.
17, SELLERS RESPONSIBILITY.
The Seller shall curry on said work at Sellds awn risk until Ne same is rally completed and accepted, end shall,
in use of any accident destruction or injury to the work and/or materials before Sellers fat mmplaion and
mceptarue, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When madenah,
end equipment an famished by others for irradiation or erection by the Seller, the Sella shall receive, mrdred,
some and handle same at the site and becorre, responsible therefor as therigh such materials .Nan egaipnrunf
were being furnished by the Seller major the, when.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease lamefo, to its employees employed on or in comection with the work mvem l by this purchase order,
anllor to their dependents in accordance with the laws of she sore in which the work is to be done. The Seller
shall also any, comprehensive gmeml liability including. but not limited to, an ereatil and automobile public
liability insurance with bodily injury and death limits of at trust $300,010 for any one Person, S5W,W0 for any
me accident and property damage limit per accident of $400,000, The Seller shall likewise require his
contractors, if unit, to provide for such compensation and insurance. Before any of the Sellers or his corsairs
employees shall do any work upon the premises of others, the Sella shall famish the Purchaser with a cenificate
that such compenotion and insurance have been provided. Such certiticares shall specify the dale when such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and inswmue expires. The Seller agrees that such compensation and announce shall d mainairud until after the
entire wok is compland and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assumes the entire responsibility and liability for my and ell damage, loss or injury army kind
an made wbmsmver to perwas ar property wood by of resulting from the execution ofthe work provided for in
this purchax order or in cormectioa herewith. The Sella will indemnify and hold harmless Ne Panceser and any
or all of the Purchasers Micas, agents and employees Gom and against any ad At claims, losses, damages,
charges a expenses, whether direct or indirar, and wheher, to persons ar property to which the purchaser may
be put or subject by reason of any act anion, negleet omission or default on the pan of the Sella, my of his
ammeters, or any of the Sellers or contractors officers, agents or employees. In case any wit or other
proceedings shall be brought against me Purchaser, or its officers, agents 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 its or
their officers, agents or employees as aforesaid, the Sella hereby agrees to assume rise defense tharof and to
defend the same at the Sellers awn expense, to pay my and all meet, charges, atlomeys fees and other expenses,
any and all judgments that may W incurred by or obtained against the Purchaser or any of is or their officers,
.gads or employees in such stairs Or tamer proceedings, ad in true Jirdgmml nr oiler lien be placed upon or
diamond against the propary of the Purchuar, or said parties in a as a resell of such suds ar odor proceedings,
the Sella will at tame cons, the same to be dissolved and discharged by giving brad or otherwise. The Seller eel
has contractors aball oke all safety pereautions, fumish ad install all guard necessary roe the prevention of
accidents, comply with all has and regulations with regard m safety including, but without limitation, she
Occupational Safety and Health Act of 1970 and all mles ad regulations issued pursuant therea.
Revised 07RUI4