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HomeMy WebLinkAbout389648 A-1 CHIPSEAL CO - PURCHASE ORDER - 9163072Fort Collins PURCHASE ORDER PO Number Page 9163072 1of2 This number must appear on all invoices, packing slins and labels. Date: 06/18/2016 Vendor: 389648 Ship To: STREETS DEPARTMENT A-1 CHIPSEAL CO CITY OF FORT COLLINS 2001 W 64TH LANE 625 NINTH STREET DENVER CO 80221 FORT COLLINS CO 80524 Delivery Date: 05/17/2016 Buyer: ELLIOT DALE Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 2016 ASPHALT SURFACE BID #7417 1 LOT LS 689,969.02 PER TERMS AND CONDITIONS OF BID 7417 AND 2016 RENEWAL DATED 5116116. 2 Street & Bridge Maint Sery 1 LOT LS 921,731.58 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 $1,611,700.60 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 invoices @fcgov.com Purchase Order Tenns and Conditions Page 2 of 2 1 COMNILRCIAL DETAILS. Tax exemptions By statute the City of Fort Collins is exempt from mate and local taxes Our Exemption Number is 98-D4502 Federal Exuse Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue. Denver. Colorado (Ref Colorado Revised Suntan 1973. Chapter 39-26. 114 (a) Goods Rejected GOODS REJECTED due to failure to mea specifications, either when shipped or due to defects of damage in await, may be returned in you for credit and are not to he replaced except upon receipt of wnnen instructions from the City of Fort Collins Inspection GOODS we subject to the City of Fan Collins rnspecnon on arnval Final Acceptance Receipt of the merchandise. services or equipment in response to thus order can result in authorsmd payment on the part of the City of Fort Collins However. it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures Freight Terms Shipments must be F O B_ City of Fen Collins, 700 Wood St. Fart Collins, CO 8052-1, unless otherwise specified on this order If permission is given to prepay freight and charge separately. the ongin it freight bill most accompany invoice Additional charges for packing will not be accepted Shipment Distance. Whine manufacturers have distributing points in various parts of the country, shipment is expected from the nearest dismbution 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, computes and licenses required by all applicable laws, regulations, ordinances and rules of the state. municipality, ternmry, or political subdivision where the work is performed or required by my other duly consmuted public authority having jurisdiction over the work of vendor Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by the. by reason of AN asserted or established vmlauon of any such laws. regulations. ordinances, rules and requirements Authorvatim All fames to this contact agree that the representatives are. in fact, bona fide and possess full and complete authority in bond said fames LIMITATION OF TERMS This Purchase Order expressly limits acceptance m the terms and conditions stated heron set forth and my supplementary or additional terms and condiuons annexed hereto or incorporated herein by reference Any additional or different terms and conditions proposed by seller we objected to and hereby rejected 2 DELIVERY PLEASE ADVISE PURCHASING AGENT rmmedhately if you cannot make complete shipment to arrive an your promised delivery date as noted Time is of the ounce Delivery and performance must be effected within the nine aimed on the purchase order and the documents anmbed here, No aces of the Purchasers mcludhng, without limitation, acceptance of partial late delivenn. shall operate as a waiver of this provision. In the event of my delay, the Purchaser shall have, in addmon to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages However, the Sella shall Net be liable for damages as a result of delays due to causes not reasonably foreseeable which are bryund its reasonable control and without its fault of negligence, such ins of Curd, acts of civil or military authonnes, governmental pnonues, fires, strikes, need, epidemics, sears or nuts provided that nonce of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof In the event of my such delay, the date of delivery shall be --mended for the period equal to the time acnWiv lost by reason of the delay 3 WARRANTY The Seller warrants that all goods. amcles, materials and work covered by this order wdl conform with applicable drawings, specdmanons, samples ,Nor other descriptions given, will be fit for the purposes intended and performed with ,e lughest degree of care and competence in accordance with accepted standards for work of a similar nature The Seller agrees No hold the purchaser harmless from my loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty The Seller shall replace. repair or make good without cost , the purchaser. my defects or faults arising "thin one (1) year or within such longer pmod of time as Noy be prescribed by law or by the terns of any applicable warranty provided by the Seller after the date of Acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller Acceptance or use of goods by the Purchaser shall not commute a waiver of my claim Order this warranty Except as otherwise provided in this purchase order, the Sellers habdm, hereunder shall extend to all damages proximately caused by the breach of my of the foregoing wamnttes or guarantees, but such liability shall in no event mein& loss of pmfits 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 terns by written change order 5 CHANGES IN COMME-RCLAL TERMS The Purchaser may make my changes to the terms. other than legal terms, including additions to or deletions from the quwuties originally ordered in the specification or drawings, by verbal or wnaen change order If my such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made 6 TERMINATIONS The Purchaser may at my time by vomen change order, terminate this agreement as to my or all ponions of the goods then not shipped. subject , my equitable Adjustment between ,e ponies as to my work or materials then in progress provided that the Purchase shall not be liable for my claims for anticipated profits on the uncompleted portion of the goods anckor work, for incidental or consequential damages. and that no such adjustment be made in favor of the Seller with respect , my goods which are the Sellers sumdard stock No such termination shall relieve the Perchmer or the Seller of any of their obligations as to my goods delivered hereunder 7 CLAMS FOR ADJUSTMENT Any clam for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered 8 COMPLIANCE WITH LAW The Seller warrens that all goods sold hereunder shall have been produced. sold delivered and furnished in strict compliance with all applicable laws and regulations to 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 , be incorporated in agreements of this character are hereby incorporated heron by this reference The Sella agrees , indemnify and hold the Purchaser harmless from all toms and damages suffered by the 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 my monies due or to become due hereunder without the prior written consent of the other parry 10 TITLE The Seller warrmis full. clear and unrestricted title to the Pwchasa for all equipment, materials, and items furnished in performance of this agreement, free and clear of my and all hens, resmchow. reservations. security interest encumbrances and claims of others I I. NONWAINER. Failure of the Purchaser to insist upon smct performance of the terms and conditions hereof, failure or delay to exerase any rights or remedies provided herein or by law. failure to pmmpdv notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of any of the wanannes or obligations of this purchase order and shall not be deemed a waiver of my right of the purchaser to insist upon met performance hereof or my of its rights or remedies as An my such goods, regardless of when shipped, received or accepted, as , my prior or subsequent default hereunder, nor shall my purported oral modifimucn or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms hereof 12. ASSIGNMENT OF.ANTITRUST CLAIMS Seller and the Purchaser recogmm that in actual economic practice. overcharge: resulting from ammust violations art m fact home by the Purchase Theretofore. for good cause and as consideration for executing this purchase order, the Seller hereby assigns in the Purchaser my and all claims it may now have or hereafter acquired under federal or state mnuust laws for such overcharges relating in 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 dufcts 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 is inability or unwillingness to comply, the Purchaser may cause the work in be performed by the most expeditious means available m it. and the Seller shall pay all costs Associated with such work. The Seller shall release the Purchaser and its contractors of my her from all liability and claims of my name resulting from the performance 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, officers and employees of such parry The Sellers contractual obligations, including wanmty, shall not be deemed to be reduced, in my way. because such work is performed or mused to be performed by the Purchaser 14 PATENTS Whenever the Sella is required to use my design, device, material or precess covered by Imer, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from my and all clams for mfinngement by reason of the use of such patented design, device, material or process in comanon writs the contract, and shall indemnify the Purchaser for my cost, expense or damage which it may be obliged to pay by reason of such infringement at my time during the prosecution or after the completion of the work. In case said equipment. or my pan thereof or the intended use of the goods, is in such sort held m conaihmte infringement and the use of said equipment or part 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 pins, replace the same with substantially equal be nonmf aging equipment, or muddy it so it becomes nomnfrmgrng. 15 INSOLVENCY If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of credimrs, appoint a receiver or trustee for my of the Sellers property or business. this order may fanivath be canceled by the Purchaser without liability 16. GOVERNING LAW The definitions of terms used or the mterproauon of the agreement and the rights of all parties hereunder shall be construed order and governed by the laws of the State of Colorado, USA The following Additional Condmons apply only in cases where the Seller is to perform work hereunder. including the services of Sellers Representative(s), on the premises of others 17 SELLERS RESPONSIBILITY The Seller shall carry AN said work at Seller's own risk unul the same is fully completed and accepted. and shall, in case of my accident destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Sellers own expense and to the smisfaamn of the Purchaser When materials and equipment ere furnished by others for insWlarion or erabon by the Seller, the Seller shall receive, unload, more and handle same in the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller order the order 18 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. and/or to their dependents in accordance with the laws of the mate in which the work is , be done. The Seller shall also carry comprehensive general hob, hty including, but not limited ,, contractual and automobile public liability Announce with bodily injury and death limits of at least S300,000 for my one person, $500.000 for my one accident and property damage limn per Accident of $400.000. The Seller shall likewise require his contractors, if my, to provide for such compensation and insurance Before my of the Sellers or his contractors employees shall do my work upon the premises of others, the Seller shall furnish the Purchase Witt a cemficate that such compensation and insurance have been provided. Such certificates, shall specify the date what such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires 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 Lability for my and all damage, loss or injury of my kind or nature whatsoever to persons or property mused by or resuung from the execution of the work provided for in this purchase order or in connection here"th The Seller will indemnify and hold harmless the Purchaser and my or all of the Purchasers officers, agents and employees from and against my and all claims, losses, damages, charges or expanses, whether direct or indirect, and whether to persons or property , which the Purchaser may be pot or subject by Norman of my act. Amon. neglect, omission or default on the pan of the Seller, my of his contractors, or my of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought agamst the Purchaser, or its officers, agents or employees at my nine on account or by reawn of my Act, anion, neglect, omission or default of the Seller of my of his contractors or my of its or their officers. agents or employees as aforesaid, the Seller hereby agrees , assume the defense thereof and to defend the same at the Sellers own expense, to pay my and all toms, charges, attorneys fees and other expenses, any and all judgmms that may be incurred by or obtained against the Purchaser or my of Ns or their officers, agents or employees in such swu or other proceedings. and in case judgment or other hen be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such smts or other proceedings, the Seller will At once cause the same, be Nswlved and discharged by giving bond or otherwise The Seller and his contractors shall take At safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but "chow limitation, the Oeupauonal Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto Revised 0312010