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HomeMy WebLinkAbout103918 COLORADO PRECAST CONCRETE - PURCHASE ORDER - 3212159City of �.,Fo�rt Collins Date: 01/23/2012 PURCHASE ORDER Vendor: 103918 COLORADO PRECAST CONCRETE 1820 E HIGHWAY 402 LOVELAND Colorado 80537 PO Number Page 3212159 j 1of2 This number must appear on all invoices, packing slips and labels. 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 Utilities C3. Oi'l�.sQ Jf- 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 20,000.00 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tams and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt farm state and local taxes. Our Exemption Number is I L NONWAIVER. 98-01502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is ministered with the Collector of Failure of the Pumhascr to insist upon strict performance of The terra and cnnt]itinns hcrcof. failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or rcmedics provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for Banda hereunder or approval ofthe design, shill nut release the Seller of Goads Rejected. GOODS REJECTED due to failure to mad specification, either when shipped ar due to defect of any of the warranties or obligations of this purchase order and shall not be doc-Oc l a waiver of any right of the damage in transit, may be rcturred to yen for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless instructions farm the City of Fort Collins. of when shipped, received or accepted. as to any prior or subsequent default hereunder, nor shall any purpond Pal modification or rescission of this purchase order by the Purchaser operate as a waiver Of any of the terms Inspection. GOODS arc subject to the City of FOP Collins inspection On arrival. hcrcof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the Citv Of Fort Collins. Howeveq it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overchnrgcs resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection pracdnms. violations are in fact borne by the Purchaser. Theretofore, for gad cause and as considers vion for executing this purchase enter, the Seller hereby assigns to the Pumhascr any and nil claims it may now have or hereafter Freight Tema. Shipments must be F.O.B.. City of Fon Collins. 700 Wood St.. Fort Collins, CO 90522. unless Pcquird under federal or state antimust laws for such overcharges relating to the Purfundar Sun& at .services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquird by the Purchaser purstrant to this purchase onto. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufaturcrs have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to coned nonconforming or defective goods by a date to he ngmed upon by the expected farm the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability Or unwillingness to comply. the Purchaser shipments me made farm greater distance. mnv cause the work to be perforated by the most expeditious means mailable to it, and The Scllcr shall pay all costs nssmcialcd with such work. Parris. Seller shall procure at sellers sale cost all necessary permits, ccnificatcs and licenses required by all applicable laws, regulations. ntdinanccs and rules of the state, municipality, territory or political suMlivision 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 Fort Collins harmless from and against all liability and loss incurred by them by reason of ern asserted or established violation of anv such laws, regulations, oniirmccs, Pries and requircmcnts. Authorization. All panics to this contract agree that the mpmsentativcs arc, in fat, bona fide and possess full and complete authority to bid said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional tans and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller arc objected m and hereby rcjectd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive no your promised delivery date as noted. Time is ofthe essence. Delivery and performance most be effected within the time stated on the purchase order and the documents Inched hemto. No act of the Purchasers including. without limitation, acceptance of partial Ire deliveries, shall operate as a waiver of this provision. In the event ofnny delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this oiler elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of dclays due to causes not reasonably firmsccablc which an beyond its reasonable control and without its fault of negligence, such act nfGd. acts ofeivil or military authorities, govemmcntal priorities, fires, strikes. Bad, epidemics, wars or riots provided that notice of the conditions caning such delay is given to the Purchaser within five (5) days of the time wchen the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the peril equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications. mumtes and/or other descriptions given, will be fit for the ptimuses intended, and perfomrd with the highest degree of care and competence in accordance with accepted standards for work of a similar nuturc. The Seller agrees to hold the purchaser harmless farm any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Scllcrs breach of warranty. The Seiler shall replace, repair Or make good. without cost to the purchaser, any defects or faults arising within one (q year or within such longer perind of time as may be pmseribed by law or by the terms ofany applicablc wwnanty provided by the Seiler nOcr the date of acceptance of the goods furnished hcrcunder (acceptance not to be unreasonably delayed), resulting from impeded or defective work done ar aatni ils furnished by The Seller. Acceptance or use of goods by the Purchaser shall not constitute n waiver ofnny claim under this warranty. Except as otherwise pmvidcd in this purchase order. The Sellers liability hereunder shall extend to all damages prOximatcly caused by the breach ofanv of the foregoing warranties 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. a. CHANCES IN LEGAL TERMS. The Pumhascr may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or w riucu change Puler. If any such change affects the amount due or the time nfperfor ance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time he written change order. terminate this agreement as to any or all ponions of the gads then ant shipped, subject to any equitable adjustment bctwecn the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated pmEts On the uncompleted portion of the goods andfor work, for incidental or consequential damages. and that no such adjustment be made in favor of the Seller with respect to any gads which arc the Sellers standard stork. No such temmination shall relieve The Purchaser or the Seiler of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mot be asserted within thiny (30) days farm the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller wirram. 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 arc subject The Seller shall execute and deliver such documents its may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and halt] the Purchaser harmless from all costs 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 wTiftcn consent of the other pony. IO.TITLE. The Scllcr w.mnts full, clear and uumsmocul title to the Purchnser for all equipment, materials. and items famished in perfomnce of this agreement free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims Ofathers. The Seller shrill release the Pnrchemr and its contractors of any tier from all liability and claims of any nature 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 In the directors, omeers and employees of such party. The Seller's contractual Obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be perforated by the Purchaser. 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 indemnify and save harmless the Purchaser farm 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 shall indemnify the Pumhascr for any cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the Soods, 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 it option, either parcurc for the Pmehaser the right to continue using said equipment or parts, replace the same with substantially equal but naninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the hcncfit of creditors. appoint a receiver ear trustee for any of the Sellers property or business, this Paler may forthwith be cencchul by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftemts used or the intetpmtation ofthe aSrcemeat and the rights off]] panics hereunder shall be construed under and governed by the laws ofthe State of Columdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Representative(s), on the premises ofethers. 17. SELLERS RESPONSIBILITY. The Seller shill carry en said work at Scllcrs 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 Seller's final completion and acceptance, complete the work at Scllcrs own expense and to the satisfaction of the Purchaser. When materink Pull equipment arc furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store .and handle same m the site aad become responsible therefor as Tbough such mmedals and/or equipment were being furnished by the Seiler under 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 wills the work covered by this purchase order, and/or to their dependents in accordance with the Imes of the state in which the work is to he done. The Seller shall also carry comprehensive general liability including. but not limited to, contractual and automobile public liability insurance with bodily injury and death limit of eat least S200.000 for any one person. S500.000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, Wary, to pmvide for such compensation and insurance. Before any Of the Sellers or his contractors employees shall do any work Open the prendscs of others. the Seller shall furnish the Purchamr with a certificate that such compensation and insurance have been pmvidcd. Such certificates shall .specify the date when such compensation and insumuce have been provided. Such ccnificatcs 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 assumes the entire responsibility and liability for any and all damage, Inns Or injury ofnny kind ar nuture whatsoever to persons or property caned by or msulting From the execution ofthc work provided for in this purchase orderor in connectinn herewith. The Seller will indemnify and hold harmless the Purchaser and any ar all of the Purchasers oflicers..,cut, and employees farm and against any and all claims, lusses, damages, ehirges or expenses, whether direct or indirect. and whether to persons of property to which the Pumhascr may he put or subject by reason of any act, action, neglect, omission or default on the pan Of the Scllcr, any of his contractors, or any of the Sellers m contractors officers. agents or employees. In case ;my suit Or Other pmcccdings shall be brought against the 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 Seller of any of his contractors or any of it Or their olTacm, agents or employees as aforesaid, the Seller hereby agrees to ...time the defense thereof and to defend the sPPic in the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Pumhnser or any of its or their officers, agents or employees in such suits or other pmccedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchase, or said panics in of -as a result of such suits or other pmcccdings. the Seller will at Once cause the same to be dissolved and discharged by giving bond or otherwise. The Seiler and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules rand regulations issued pursuant themto. Revised 63/2010