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HomeMy WebLinkAbout102796 OLDCASTLE PRECAST INC - PURCHASE ORDER - 9123662Fort Collins Date: 06/25/2012 PURCHASE ORDER Vendor: 102796 OLDCASTLE PRECAST INC 8392 RIVERVIEW PKWY LITTLETON Colorado 80125-9790 PO Number Page 9123662 1of2 This number must appear on all invoices, packing slips and labels. Ship To: UTILITY SERVICE CENTER - WA CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 06/22/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 6555-5539 15 EA 777.0000 6" grade ring w/manhole frame YARD RING, GRADE, WITH MANHOLE FRAME WITHOUT COVER, 38-1/2" OPENING FOR SLAB -TYPE INSTALLATION. MANUFACTURED USING NEENAH FOUNDRY PART NUMBERS: R-5900-J; NEENAH COMPONENT, 5900- 0015; (MANHOLE, FRAME, REVERSIBLE WITHOUT COVER, 38-1/2" OPENING FOR SLAB -TYPE INSTALLATION, OVERALL DIA. 44-1/2", 6" HIGH). NO SUBSITUTIONS WITHOUT EXPRESS CONSENT FROM FORT COLLINS UTILITIES. AMCOR PRECAST, PER SPEC; Quote #S108570-7 (Scott Cowee) Delivery: 7-8 weeks ARO 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 Total Invoice Address: 11,655.00 $11,655.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Excmptinn Cenificate of Registry 84-6(I1)e is registered with the Collector of Faiturc of the Purchaser to insist upon strict perfomrrnee ofthe terms and conditions hereof. failure or dclav to Internal Revenue, Denver, Colorado (Rd. Colorado Revised Semmes 1973. Chapter 39-26. 114 (a), 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 goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to mcct specifications, either when shipped or due to defects of any ofthe warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit. may be resumed to you far credit and am not to be replaced except upon receipt of written purchaser to insist upon strict performance hercafrr any of it rights or remedies as to any such garde regardless instructions for. the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall rnv pummeled wall modification or rescission of this purchase order by the Pnmhnser operate os a "au'rer m( any of the terms Inspection. GOODS are subject to the City of Port Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this ruder can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However. it is to he understand 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 procedures. violations arc in fact home by the Purchase, Theretofore, for grad cause and as considerstian for executing this purchase order, the Seller hereby assigns to the Purchaser anv and all claims it may now have or hereafter Freight Team. Shipments must be F.O.H., City of Fort Collins, 700 Wood St.. Fort Collins. CO 80522. naless acquired under federal or state antitrust laws for such overcharges relating 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 manufacorcrs 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 fmm the nearest distribution point to destitution, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereaner indicates its inability or unwilling ics to comply, the Purchaser shipments arc made form greater distance. may cause the work to be perfumed by the most expeditious means available to it, and the Seller shall pay all erects as'nem"d with sneh. rerk Permits. Seller shall procure at sellers sole cost all necessary Permits. certificates and licenses required by all applicable laws, regulations, ordinances and talcs of the state, municipality, territory or political subdivision where the woe: 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 homeless fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any such Imes, regulations, onlimmovs, talcs and requirements. Authentication. All patties to this contract agree that the ropresenutives arc, in fact. bona fide and possess full and complete authority to bind 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 terms and conditions annexed hereto or incorporated herein by reference. Any addition.] or different terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if von cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time stated on the Purchase older sad the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partied late deliveries, shall operate as a waiver of this provision. In the event of any delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofp]acing this order elsewma, and holding the Seiler liable for damages. Hoverer, the Scllcr shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence. such acts of God, acts ofeivil or military authorities, governmental priorities, fires, strikes. Bond( epidemics. ww:nrs or riots provided that notice of the conditions causing such delay is given to the Purchaser within foe (5) days of the time when the Seiler first received knowledge thereof. In the event of any such delay, the date of dclivery shall he extended for the period equal to the time actually lost by ¢axon ofthe delay. 3, WARRANTY. The Seller warrants that all goods. articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will he fit for the purposes intended, and Performed with the highest degree of care and competence in accordance with accepted standards for wark of o similar nature The Seller agrees to hold the purchaser hamlem fmm any loss, damage or expense which the Purchaser may stiffer or incur on account of the Sellers breach of wamnry. The Seller shill replace, repair or make good, without cast to the purchaser, any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the terms of any applicable wamnry provided by the Seller after the date of acceptance of the goods famished ho+cunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials furnished by the Seller. Acceptance or use of good by the Pomhascr .shall not constitute a waiver crony claim under this umminty. Except as otherwise provided in this purchase order, the Sellers liability hemunder shall extend to all damages proximately caused by the breach o(anv of the foregoing warn mics or guarantees, but such liability shall in no event include loss of profits or doss refuse. 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. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions fmm the quantities originally ordered in the specincatinas or drawings by verbal or written change older. If any such change affects the amount due or the time ofperfomance hereunder. 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 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 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 termination shall relieve the Putcha e,, are the Seller of any of their bligations as to any gaxd delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the dace the change or teminntion is ordered. R. COMPLIANCE WITH LAW. The Scllcr wmmnts that all gads sold here nder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the good am subject. The Seiler shall execute and deliver such documents as may be required to effect orevidcncc compliance. All laws and regulations required to be incorporated in agreements of this character are herebv incorporaed herein by this reference The Seller agrees 1n indemnify and hold 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 parry shall assign, transfer, or convey this older, or any monies due or to become due hereunder without the prior written consent ofthe other parry. 10.TITLE. The Seller wamnts 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, resenations security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, off cers and employees of such parry. The Seller's continental obligations, including wamnry, shall not be deemed to be reduced, in any way, herause such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to else any design, device, material or porcces covered by letter, patent trademark err copyright. the Seller shall indemnify and s.ve harmless the Purchaser front any and all claims for infringement by reason of the use of such patented design, device, material or Process in connection wvith the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion ofthe work. In case said equipment, or any pan thereof or the intended use of the grand., 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 its option, either praurc for the Nimloser the right to continue using mid equipment or parts, replace the same with substantially equal but noninfringing equipment or moth fi it so it hccomcs noninfringing. IS. INSOLVENCY. If the Seller shall become insolvent err bankmpt, make an assignment for the benefit of creditors, appoint a receiver or t mstec for any of the Scllcrs property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftcmt used or the interpretation ofthe agreement and the rights ofall panics httcander shall be construed under and governed by the laws ofthc State of Colomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Representnlive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Scllcrs own risk until the same is fully completed and accepted, and shall, in case of any accident, destmction or injury to the work and/or materials before Seller's foal completion and acceptance. complete the work at Selleh own expense and to the satisfaction ofthe Purchaser. When materials and equipment arc famished by others for installation or erection by the Seller, the Seller shall receive, unload. store and handle same at the site Bad become respansible therefor as though such materials and/or equipment were being famished by the Seller under the older. IS. 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 Inns 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 insurance with huffily injury and death limit of at (cast S300.000 for any one person. S500,000 far any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, o provide for such compensation and insurance. Before any ofthe Scllcrs or his contactors employees shall do any work upon the premises of ethers, the Seller shall Flemish the Purchaser with a certificate that such compensation and insurance have been provided. Stich cenlficams shall specify the date when such compensation and insurance have been Innovated. Such certificaes shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall lee maintained until once the entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller herchy rssumes the entire responsibility end liability for any and all damage. Ins, or injury nfanv kind or nature whrtoo vcr to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers oRcers, agents and employees front and against any and all claims, losses, damages, charges or expenses, whether direct or indirect. and whether to persons are property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors. or any of the Scllcrs or contractors oRcers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its oRcers, 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 its or their officers, agents or employees as aforesaid, the Seller hereby ngrces to assume the defense thereof and to defend the same .t 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 Purchaser or any of it or their officers. agents or employees in such suits or other proceedings, and in ease judgment or other lien he placed upon or obtained against the praperty ofthe Purchaser, or said panics in or as a result of such suits or other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond nrothemise. The Seiler and his centimeters shall take all 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 without limitation, the Occupational Safety and Hcalth Act of 1970 and all rates and regulations issued pursuant thereto. Revised 03/2010