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HomeMy WebLinkAbout241623 AGGREGATE INDUSTRIES - PURCHASE ORDER - 3212136PURCHASE ORDER 321213er Page PO City Of 212136 1 °f z `t Collins This number must appear ` on all invoices, packing slips and labels. Date: 01/23/2012 Vendor: 241623 AGGREGATE INDUSTRIES ATTN: ACCOUNTS RECEIVABLE PO BOX 5588 DENVER Colorado 80217-5588 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 01/20/2012 Buyer: OPAL DICK 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 2012 Blanket order Utiltiies C3. Oi'1�s�4 �1— City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 LS Total Invoice Address: $6,000.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By staNte the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAI VER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-60011587 is registered with the Collector of Failure of the Purchnscr to insist upon strict performance ofthe terms and conditions hereof, failure or delay to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 id. exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for gads hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the ocuaatics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may he rearmed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance horenfor any of its rights or remedies as to any such goods, regardless instructions fmm the City of Fon Collins. of when shipped, received or accepted, as to any prior or subsequent default hernmder, nor shall any Purported not modification or rescission of this purchase order by the Purchaser operate as a waiver of ony of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival, hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAI MS. authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Parchow, recognize that in actual economic practice, overcharges resulting fmm antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Pumbaser any and all claims it may raw have car hrmaRer Freight Trans. Shipments most be F.O.A., City of Fort Collins, 700 Wood St.. Fort Collins, CO 80522, unless acquired order federal or into antitrust Imes for .such overcharges rclming to the Particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight Purchased or acquired by the Purchaser Pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the fncest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller,and the Seller thercrfter indicates its inability of amvillinpness to comply, the Purchaser shipments arc made From greater distance. may cause the work to be perforated by the most expeditions means available to it, and the Seller shall pay all costs associated with such Work. Permits. Seller shall practice at sellers sole coat all acceoary, permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the .state, municipality, territory, or political subdivision what 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 Fort Collins harmless from and against all liability and loss incurred by them by rcasom of an asserted or established violation of any such laws. regulations, ordinances,. rules and requirements. Authorization. All parties to 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 Order expressly limits accepanee to the terms and conditions stated haiin set forth sad am' supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or ditfcrcnt terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shiptacm to arrive on your promised delivery date as noted. Time is of the essence Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including. without limitation, acceptance of -partial late deliveries, shall opcmm as a waiver ofthis prevision. In the event crony delay. the Purchaser shall have, in addition to other legal and equitable remedies. the option off lacing this oiler elsewhere and holding the Seiler liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable con"] and wilhont its fault of negligence, such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the purchaser within fee (5) days of the time v,hen the Seiler first received knowledge thereof. In the event of any such delay, the date of dcl terry shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seiler van im s that all gads, articles, materials and work covered by this order will conform with applicable drawings, specifications. samples and/or other descriptions given, will be fit for the Purposes intended and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees ID hold the purchaser harmless from any loss, damage or expense which the Pumhaser may stuffier or incur on account ofthe Sellers breach of wamnty. The Seller shall replace, repair or make good, without cost to 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 tells crony applicable womary provided by the Seller after the date of acceptance ofthe goods famished h ncundcr (ameptance not to be unreasonably delayed), resulting from imperfect or defective wort: done or materials furnished by the Seller. Acceptance or use of good by the Purchaser shall not constimm a waiver ofany claim under this w'romity. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing warranties orguamntecs. but such liability shall in no event include loss of profits or loss cruse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal mans by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tents, other than legal tcmw, including additions to car deldi0ns Bum the quantities originally ordered in the specifications or drawings, by verbal or eTmca change order. If any such change affects the amount due or the time ofperformance hacunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in Progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the gads and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any good which are the Sellers standard stock No such temtination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days Form the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seiler warrants that all good sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the good am subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless From all casts 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 any monies due or to become due hereunder without the prior written consent ofthe other pare. 10. TITLE. The Seller wamnrs full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement free and clear of any and all liens, restrictions. rescrvmions, security interest encumbrances and claims f.two. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the perfommnee ofsuch work. This release slmll apply even in the event of (roll of negligence of the party released and shall extend to the directors, officers and employees ofsuch puny. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perforated or caused to be perforated by the Purchnscr. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter. patent trademark or copyright the Seller shall indenmify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract and shill indemnify the Purchaser for any cost, expense or damage which it stay be obliged to pay by reason crotch in Mngement at any time during the prosecution or after the completion of the wink. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment of pan is enjoined the Seller .shall, at its own expense and at its option, either permute for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but nnninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall bocrme insolvent or bankrupt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers Property or business, this order may fonhuith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftcmx used or the interpretation ofthc agreement and the rights ofall panics hereunder shall be constmcd under and governed by the laws oflhc Statc of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services al Sellers Repmsentative(s), on the premises nfothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller'., own risk until the same is fully completed and accepted, and shall, in case of any accident. destruction or injury to the work and/or materials before Shcers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction ofthe Purchaser. When materials and equipment arc famished by others for installation or fraction by the Seller, the Seller shall receive. unload, store and handle same at the site and hcoome responsible therefor as though such materials and/or equipment were being furnished by the Scllcr undo the oiler. 18. INSURANCE. The Scllcr shall, at his men cxpmxc. provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the wort: covered by this purchase order. anchor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insum us, with bodily injury and death limits of at least 5300.050 for any one person. S500.000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise acquire his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the praniscs of others, the Seller shall furnish the Purehaur with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have bcen 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 hcrcby assumes the entire osponsihility, and liability for any and all damage, loss or inlury array kind or rattle, whatsoever to persons or property caused by car resslting fmm the execution ofthe work provided for in this purchase m der or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers. agents and employees from and against any and nll claims, losses, damages. charges or expenses, whether direct or indirect and whether to persons or property to which the Purchaser may be put or subject by reason of any net, action, neglect, omission or default on the pan of the Seller. any of his contractors, or anv of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchnscr, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seiler of any of his contractors or any of its of their officers. agents or employees as aforesaid. the Seller hereby agrees to assume the defense thereof and to defend the same a1 the Sellers own expense, to pay any and all costs, charges, anomcys fees 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 proceedings, and in case judgment or other lien he placed upon or obtained against the property ofthe Purchaser, car said parties in or as a result ofsuch suits of other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laves and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant therein. Revised 0312010