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HomeMy WebLinkAbout103918 COLORADO PRECAST CONCRETE - PURCHASE ORDER - 9141921Fort Collins Date: 04/07/2014 PURCHASE ORDER Vendor: 103918 COLORADO PRECAST CONCRETE 1820 E HIGHWAY 402 LOVELAND CO 80537 PO Number Page 9141921 loft This number must appear on all invoices, packing sli s and labels. Ship To: POUDRE FIRE AUTHORITY - AD 102 REMINGTON FORT COLLINS CO 80524 Delivery Date: 04/04/2014 Buyer: DOUG CLAPP lkr—M Line Description Quantity UOM Unit Price Extended Ordered Price Facilities Maintenance 1 LOT LS 10,448.67 953169 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 Total Invoice Address: $1 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tens and Conditions Page 2 of 2 I. COMMERCIAL DSTAIIS. Tax exemptions. By statute the City of Pon Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Pumhawr to insist upon strip performance of the tams and conthOms isereot failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Samoa 1973, Chapter 39-26,114 (a). exercise any tights or remedies pmWded herein or by law, failure to promptly notify the Seller in the event of a breach, Nc acceptance ofar Payment far goods hereunder or approval ofthe design, shall not release the Seller of Goods R japed. GOODS REJECTED due m failure a meet specifications, either when shipped or due to defects of any of rise warranties or obligations of this purchase order and shall not b, dcemed a waiver of any right of Else damage in transit, may be returned to you for credit and am not to be, replaced except upon receipt of writhes purchaser to iuslat upon stria performance bromfor my arms rights or remedies as to any such goods, regardless inactions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default heremWm, nor shall any poponed oral modification or rescission of this purchase order by the Puchaser operate m a waiver of any of rise names lnspmman. GOODS arc subject as the City of Fan Collins inspetion on snivel. hereof. Final Acceptance. Receipt of the merchandise, crrviar or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Few Collins. However, it is to be understood that FINAL. Seller and the Purchaser tecognim that in maal re is practice, overchages resulting from anrir�l ACCEPTANCE u dependent upon completion of al I applicable required inspenctioprocedures. di.lmions are in fact Imo a by the Pureharear. Theretofore, for good arse and ce consideration fro executing this purchase order, the Seller hereby acsigm to the Popham, any and all claims it may now have or Stroller Freight Terms. Shipments most he FO.B., City of Fort Collins, IDO Woad Sr, Fort Collins, CO 80522, unless acquired under federal or stare antitrust taus for such overcharges relating to the particular good or services otherwise specified on Nis We,. If permission is ive. 1. prepay freight and charge separately, rise original freight pumhaud or acquitant by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not Ire zecepred. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manfincomrs have distributing points in various As 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 neutral distribution point to dretinatim, and excess freight Will be deducted from Invoice when Purchxwr and the Seller, and the Seller Nerezfter indicates its inability or wwilhoprOss to comply. the Purchaser shipments ure made from greater distance. may cause the work to be performed by the most expeditions means available to it, and the Seller shall pay all costs associated with such walk. Permits. Seller shall prncum at sellers sole cost all necessary pnmits. certificates and licenses required by all applicable laws, regulations, ordinances and roles ofthe state, municipality, mrdmry or political subdivision where the work is performed, or required by any other duly c nstihated public authority havingjurirsdation over the work of vendor. Seller further agrees to hold the City of ran Collins harmless from and against all liability and loss ineared by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and ou,mraments. Authorizaiau. All proles to this nmlrnea agree that the representatives are, in fact, bona fide and possess Fill and complete authority to bind said panics. LIMITATION 01: 1'F.RMS. 'this Purchase Order expressly limits acceptance to the trams and conditions stated Retain set forth and any supplementary in iaddamnll terns and conditions annexed hereto or incorporated heein by reference. Any aldhim it or different tonns and conditions proposed by seller we objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete dpmcnr to arrive on your promised delivery data sea noted. lime is of the essence. Delivery and sufou rnmen, must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without linnolion, accepanm of ponixI late deliveries, shall memo, m a waiver of this provision. In the event army delay, the Purchaser shall have. in addition to other legal and ryuitable remedies, the option ofplanng this order elsewhere and holding the Seller liable for damages. However, the Seller shall not he liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its rasonable control and without its fault of negligence, such acts of God, acts ODdvil or military authorities, govemmenml priotities, Sees, strikes, Road, epidemics, wars or dots provided that notice of the conditions causing such delay is given m me Purchaser within fve (5) days of the time when the Seller Gull rxeived knowledge thareof. In the event of any such delay, the date of delivery shall be extended for the period al l to the time actually lost by noes ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by has order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit far the purposes intended, and performed with the highest degree of are and competence in accordance with accepted sandmds for work of a molar aware. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which life Purchaser may sufferer incur on account of the Sellers breach of wai anty. The Seller shall replace, repair or make good, without cost to the purchaser, any defecks or faults prising within one (1) yam or within such longer period of firma as may be presmbml by law or by the a. ofamy applicable warranty provided by Ne Seller after do, dam of acceptance of the goad famished hereunder (accepmncc not to b<unaawnably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or we of good by the Purchaser shall not anal mte a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF IT MESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMM ERCIAL TERMS. The Purchaser may make any changes to the toms, other than legal terms, including additions to or daelinns frnm the quantities Originally colored in the specifications or drawings, by verbal or written change Order. If any such change affects the amount disc or Ilse time of peffomumm hereunder, an equitable adjmtment shall be made. 6. TERMINATIONS. The Pimbawr may at any time by written change order, terminate this agreement as to any or all portions of the goods than not shipped, subject I. any egttilable.adjumment between the parties as to any work or materials then in progress povided that the Purchaser shall not be liable for any claims for anticipated profits On the uncompleted pri im of the gaudy and/., work, far midpoint or consequenfisl damages, and that no such adjusment be made in favor Of the Seller with rapes to any goods which are the Sellers standard stock. No such termination 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 most be hafted within thirty (30) days tram Else date the change or termination is ordered. R COMPLIANCE WITH LAW. The Seller .,a that all good sold hereunder shall have bren pradwed. sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the good are subject The Seller shall execute and deliver such documents as may be, requited to effect or evidence compliance. All laws and regulations normal m be n..rpommd in agreemens of this charecnar am hereby imorpamted herein by this ref re. The Seller agrees te indemnify and hold the Puchaser harmless from all roll and damages suRnd by the Purchaser as a mull of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, tmmfeg or convey this Order, or any monies due or to become due hereunder without the prior worsen anneent ofthe other party. 10. TITLE. The Seller warrants full, clew and upormated title to the Purchaser for all equipment materials, and items famished in performance of this agreement free and clear of any and all liens, manctions, reservatious, meant, moment maintenances, and claims orations. The Seller shall release the Purchaser and its contractors of any liar from all liability and claims of any nature resulting from the performance Mauch work. This release shall apply even in the clear of fault of negligence of the party released sad shall exend to the directors. rflivars and employees of such pang. 'Phe Seism's a nframnal obligmians. including warranty, shall not be deemed to be reduced, in any way, because such wort is perfommd or caused to be performed by Ili, Purchaser, 14. PATENTS. Whenever the Seller is Ev rimed to use any design, device, material or process covered by letter, patent, trademark or copyright, fIna Seller shall indemnity and save hamRess the Purchaser from any and all claims for infringement by reason of elm use of such patented design, device, material or pmmW in connection with the contract, and shall indemnify the Purchaser for any cost, expenw or damage which it may be obliged to pay by reason of such infringement at any time during the promotion or after the completion of the work. In case said equipment or any pan flo roof of the intended me of the goods, is in such suit held m camrimte infringement and the use of said equipment or pan is enjoined, the Seller shall, at its awn expense and err its option, either proarc for the Purchaser the right In continue using said equipment or parks, replace the same with submantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall became insolvent or baNmpr, make an assignment for the benefit of creditors, appoint e receiver or trustee for any of the Sellers prat or liminess, this other nay forthwith he canceled by the Pumhasrr without liability. 16. GOVERNING LAW. The definitions of rental used or the inerpretation of the agreement and the rights wall ponies hereunder shall be construed under, and governed by the laws of the Sure of Colorado, USA. The following Additional Conditions apply only in cases where Ne Seller hi to perform work hereunder, including the service of Sellers Represenativr(s), on the ptrm¢es of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in cam of any accident, destmetim or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment we famished by others for installation or reaction by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor ex though Such materials and/or equipment were being famished by the Seller under the rocket. 19. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including Occupational diseaw benefits, to its employees employed on or in connection will the work covered by this purchase order, ampm m their dependents in accord... witb the laws Of the state in which the work is m be done. The Seller shall ale any crmpmbcosive general liability including, but not limited to, contmcmal and automobile public Liability ins mine with wanly injury and dcmh limits ofar lcmr $300,000 for any one person, g500,000 for any accident and property damage limit pm accident of $400,000. The Seller shall hkewiwqui require his cnmractors, if any, to Provide for such compensation and insurance. Before any of the Sellers Or his contmmnrs employees shall do any work upon the Furrows of others, the Seller shall fmish the Purchaser with a reni0ate that such compensation and ii a have been provided. Such certificates shall specify the date when such nmpmsaflon and pourance have been provided Such renifiam, shall specify be data when such tempest and insurance expires. The Seller agrees that such compensation and insurance shall be maintained mull aft the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assun¢s the entire responsibility and liability for my and all damage, loss m injury of any kind or nature whosoever 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 r all of the Purchasers oRcers, agents and employees Imm and agahsr any and all claim, losses, damages, charges or expenses, whether direct or inditmt and whether to persona or property to which the Pmcbaser may he put or subject by mason of any act action, neglect, omission or default on Else pan of the Seller, any of his canrrecmrs, or any of the Sellers or comraclors officers, agens or employees. In cam my suit or other proceedings shall be bought against the Purchaser, or is officers, agents or employees at any time on wcomd or by reason of any act action, neglect, omission or default of the Seller Of any of his mnractors or any of is or their officers, agents or employees as aforesaid, the Seller hereby agrees in assume Ne del memo( and to defend the same at the Sallies own expense, to pay any and all cogs, charges, anomeys fees and other expenses, any and all judgmens that may be mounted by or obtainW against the Purchaser or any of is or their oRcers, agents or employees in such suits or other proceedings, and in use judgment or other lien be placed upon or obtaiEud against the property ofthe Purchaser, or sod implies in or as a result of such suits or other proceedings, Else Seller will at once raw the same to h disssolvN and discharged by giving bond or whenwiw. The Seller and his mntmdom shall take all safety precautions, famish sod install all gainards necessary for the prevention of tuition, comply with all laws and regulations with regard to safety including, but without limiatfon, the Occupational Safety and Health Am of 1970 and all mles and regulations Lssued pursumE memo. Revised OM010