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HomeMy WebLinkAbout256106 E-Z POUR READY MIX - PURCHASE ORDER - 3212177Fort Collins Date: 01/23/2012 Vendor: 256106 E-Z POUR READY MIX PO BOX 1166 WELLINGTON Colorado 80549 PURCHASE ORDER PO Number Page 3212177 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 1 2012 Blanket Order Utilities C3. OYI�-�szQ �L 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 Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemption, By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 94-6000587 is registered with the Collector of Internal Revenue, Denser. Colorado (Ref Colorado Revised Statutes 1973, Chaptcr 39 26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be rcmmed In you for credit and arc not to be replaced except upon recdpt of written instructions farm the City of Fan Collins. Inspection. GOODS am subject to the City of Fan Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof. failure or dclav to exercise any rights or remedies provided herein or by Inv, failure to pronmtly notify the Seller in the event of n breach, the acceptance for payment for goods hereunder m approval of the design, shall not release the Seller of any of the xearmntics or obligations of this purchase order and shall not be dcemcd a waiver of any right of the purchaser to insist upon strict performance h renfor any of it rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any poor or subsequent default hereunder. nor shall any purported anal modification or rescission of this purchase order by the Purchaser operate as a e'aiver of any of the terms hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENFOF ANTITRUST CLAIMS. authorized payment on the pan of the City of Too Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedums. violations arc in fact borne by the Purchmer. Theretofore, for good cause and as considem lion for executing this purchase order, the Seiler hereby assihms to the Purchaser any and all claims it may now have or herea0cr Freight Terms. Shipments most he F.O.B., City of Fun Collins, 700 Woad St.. Fro Collins, CO 90522. unless acquired under fcdenl or state antitrust Imes for such overcharges relating to the panicular goods or semiccs otherwise specified an this order. If prnnission is given to prepay freight and charge separately, the onginal freight purchased or acquired by the Purchaser pursuant to this purchnse orden bill mustaccompany invoice. Additional charges for pocking will creche accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipman Distance. Where mxnufacturcts have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconfoming of defective gads by a date m he agreed upon by the expected from the nearest distribution point to destination. and excess freight will be deducted from Invoice when Purchaser and the Scllcr. and the Scllcr thereafter indicates it inability orunwillinguess m comply, the Purchaser shipments arc made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associfed with such work. Permits. Seller shall procure at sellers sole cost all necessary permits. certificates and licenses required by all applicable Imes, regulations. ordinances and rules 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 wort: of vendor. Seller further agrees to hold the City of Fnn Collins harmless fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any such Tans, regulations, ordinances, roles and requirements. Authoozation. All parties to this contract agree that the representatives are. in fact, Kona fide and possess full and complete authority 1. bind said panics. LIMITATION OF TERMS. This Pumhosc Order expressly limits acceptance to the terms and conditions stated herein set forth and any .supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and herchy rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment 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 panial late deliveries, shall operate as o waiver of this provision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. Honcver. the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable conceal and without its fault ofnegligence, such acts fGod. acts ofeivil or military authorities. governmental priorities, finis, strikes, Bond, epidemic,, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller fit 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 mill caa(om with applicable drawing,, specifications, samples and/or other descriptions given, will he fit for the Porpoises intended, and performed with the highest degree of cam and competence in accordance with accepted standards for murk of a similar artery. The Seller agrees to hold the purchaser harmless fmm any Ions, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of mamnty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects rr faults arising within ono (I) year or within such longer period of time as may be prescribed by law or by the terms crafty applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unmasonably delayed), resulting from imperfect or defective work done or materials finished by the Seller. Acceptance or use of goads by the Purchaser shall not constitute a waiver array claim under this warranty' Except as otherwise provided in this purcluse order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing wamntics or guarantees, but such liability shall in no event include loss ofpmbts or loss ofusc. 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 change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal mmu, including additions to for deletions from the quantities originally out in the specifications or drawings, by verbal or mitten change order. If any such change affects the amount due or the time of perfomaanee hcmuni an equitable adjustment shall be made. h. 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 betwinut the parties 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 goods and/or work, for incidental ar consequential damages, and that no such adjustment he made in favor of the Seiler with respect canny good which arc the Sellers standard stock. No such temaiaation 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 from the date the change or tcrminmion is ordered. S. COMPLIANCE WITH LAW. The Seller vamnts that all goods sold hemundcr 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 orevidenee compliance, All laws and rcgudations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless front all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such Inv. 9. ASSIGNMENT. Neither party shall cosign, transfer, or convey this order, or nny monies due or to become due hereunder without the pnor written consent of the other party. 10. TITLE. The Scllcr wmmorts 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, reservations security interest encumbrances and claims of athcrs. The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature resulting fmm the performance ofsueh work. This r,]case shall apply even in the event of fault of negligence of the party o lcmcd and shall extend to the directors, officers and employees of such parry. The Seller's contractual obligations. including wamnry, shall not be deemed to he reduced. in any way, because such work is performed or caused to be perfurmwd 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 from any and all claims for infringement by reason of the use of such patented design, device, material or pmcess in connection with the contract, and shall indemnify the Purchaser for any cost expense or damage which it may be obliged to pay by reason o'such 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 goods, is in such suit held to constitute 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 paid equipment for pans, mpincc the saute with srbsmntially equal hilt moninfringing equipment, or modify am, it becomes co ninfringing. 15. INSOLVENCY. If the Seller shall bccomc insolvent or bmtkmpl, make an assignment for the benefit of creditors, appoint a receiver or mister, for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. Ib. GOVERNING LAW. The definitions oftems owd or the intcTremlion of the agreement and the rights ofall ponies hcramder shall be construed under and governed by the laws of the Stale of Colomdo, USA. The following Additional Conditions apply only in cases where the Seiler is to Perform work hereunder. including the services of Scllcrs Repmsentative(s), on the Premises ofathers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Scllves own risk until thesauri: 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 Seller's own expense and to the solisf etion of the Pumhascr. When materials and equipment are Furnished by others for installation or creetion by the Seiler. the Seiler shall receive, unload. store and handle same at the site and become responsible themfor as though such materials and/or equipment seem being fumishcd by the Seller under the order. IR. 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. andfor to their dependents in accordance with the Imes of the state in which the ,fork is to be done. The Seller shall also carry comprehensive general liability including. but not limited to. contractual and automobile public liability inzrnancc .with bodily injury wad death limits of at Iea-t Sa06,100 for any one Iserurn, S500.0i for any one accident and property damage limit per accident of S400,000. The Seiler shall likewise require his contractors, irony, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises archers. the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been Provided. Such ecni6emes shall specify the date when such compensation and insurance have been pmvidcd. Such certifiemes 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 assunws the entire responsibility and liability for any nail up damage, loss ar injury ofany kind or nature'batses'et to persons or pmperty caused by or resulting from the execution of the work provided for in this purchase order or in connection hetcwith. The Seller will indemnify and hold harmless the Purchaser and any for all of the Purchasers officers, ages is nail employees from and against any and all claims, losses, damages, charges of expenses, whether direct or indirect and whether to persons or Property m mhlch the Putchowt may be put or subject by reason of any act. action, neglect omission or default no the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any snit or other Proceedings shall be bought against the Purchaser, or its officers, agents for employees many time on account or by reason of any act, action, neglect omission or difficult of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers non expense, to pay any and all costs, clia ges, attorneys fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser for any of its or their affects, agents or employees in such silts or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchaser. or said panics in or as a result of sneh suits or other pocedings. the Scllcr will at one, cause the name to he dissolved and discharged by giving bond or otherwise. The Seiler and his contractors shall take all safety precautions. furnish and insall all guards necessary for the prevention of accidents, comply with all Taos and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and oll rules and regulations issued pursuant Iherem. Rcviscd 0312010