HomeMy WebLinkAbout103918 COLORADO PRECAST CONCRETE - PURCHASE ORDER - 9142007Fort Collins
Date: 04/08/2014
PURCHASE ORDER
Vendor: 103918
COLORADO PRECAST CONCRETE
1820 E HIGHWAY 402
LOVELAND CO 80537
PO Number Page
9142007 1of3
This number must appear
on all invoices, packing
sli s and labels.
Ship To: UTILITY SERVICE CENTER - WA
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 04/08/2014 Buyer: PAT JOHNSON
N ote:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 7034-2467 45 EA 398.9800 17,954.10
precast foundation / 29' pole
YARD
FOUNDATION, PRECAST, 24" DIA. X 4',
WITH FOUR 1" DIA. GALVANIZED ANCHOR BOLTS, 2.5" TO 3" EXPOSED,
VERTICAL PLUMB WITHIN 1/16", 15" BOLT CIRCLE, WITH TWO 2" CONDUIT CASTOUTS,
PER SPEC. 373-106, REV. , (FOR ANCHOR BASED STREETLIGHT POLE)
AGUILARS, 24-48;
COLO PRECAST, 2448;
Note to Shipper:
24 - 48 hour Notification to:
Dan Hofeling - 970-221-6389
Lem
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
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Fort Collins
PURCHASE ORDER
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
PO Number Page
9142007 2o13
This number must appear
on all invoices, packing
sli s and labels.
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions Page 3 of 3
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collin is exempt from state and local taxis. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collmtm of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Somers 1973, Chapter 39-26, 114 (a).
Good Rejected. GOODS REJECTED due to failure to mid specification, either when shipped or due m defects of
damage in tmni, may be retuned to you for credit and are not to ho replaced except upon receipt of wriatm
inwetions firm the City of Fort Collins.
Inspection. GOODS are subject to the City of Fan Collin inpmtion an arrival.
Final Acceptance. Rescipt of the merchandise, services or equipment in response to this order can result in
authorized payment on the part of the City of Fort Collin. Howard, it is to be understood that FINAL
ACCEPTANCE is depcodenl upon completion ofall applicable required inspection promdures.
Freight Tema. Shipments rant be F.O.A., City of Fan Collin, 700 Wood St, Fan Collin, CO 80522, on]ess
otherwise specified on this order. If permission 6 Sam to prepay freight and charge separately, the anginal freight
bill rant accompany invoice. Additional charges far packing will not No accepted.
Shipment Distance Where manufacturers have distributing points in various ryas of hie country, shipeneet is
expected tram the nearest distribution point to destination, and excess freight will ho deducted Even Interim when
shipments ate trade from .,or distance.
Permits. Seller shall procure at sellers sale cost all mandatory, permits, verification and licenses required by all
applicable laws, regulations, ordinances and mhos of the suite, municipaliry, territory or political subdivision where
the work 6 performed, or required by any other duly constituted public authority having jurisdiction over the work
of voodoo. Seller further agrees t. hold the City of Fan Collin harmless from and against all liability and lass
incurred by them by reason of an nwded or established violation of my such laws, regulation, ordinances, rules
and requirements.
11. NONWAIVER.
Failure of the Purchaser in insist upon strict performance of the horns and condition herea, failure or delay to
exturvise any rights or remedies provided heroin or by law, failure to promptly notify the Seller in the event of a
breach the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of
any of the warranties at obligation of this purchase order and stall not be deemed a waiver of my right of the
purchaser to insist upon strict pefforrnance hereof or any of its rights or remedies as to my such good, regardless
of when shipped, received or accepted, as to any prior or subsequent default hemwder, nor shall my puryaned
ore] modification or rescission of this puchase order by the Purchaser operate res a waiver of my of she terms
hereof,
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in win] economic practice, overcharges resulting form moment
violation are in fact home by the Purchaser . Theretofore, for good cause and as consideration for exceeding this
purchase order, the Seller hereby assign to the Purchaser my and all claims it may now have or hereafler
acquired Maker federal or state comment laws for such overcharges relating to the particular good or services;
purchased or acquired by hie Purchaser Pursuant to Nis penclase order.
13. PURCHASERS PERFORh1ANCE OF SELLERS OBLIGATIONS.
Ifthe pardoner directs the Seller to cameo nonconforming or defective good by a date to be agreed upon by the
Purchner and the Salle, as the Solid droutfid indicates in inability or aawillingness to mmplY. the Purchaser
may cause the work to be performed by the most expedition mean available to it, and the Seller shall pay all
cos. associated with such work.
The Sella shall release the Purchaser and its contractors of my her from all liability and claims of any name
resulting from the performance i fmch work.
This release shall apply even in the event of fault of negligence of the May released and shall extend m the
directors, officers and employees ofsuch pray.
Authorization. All panics to this contract agree that the representatives art, in fact, bona fide and possess full and
The Seller's mdurebol obligation, including warranty, shall not so deemed to be reduced, in any way, because
complete authority to bind said parties.
such work is performed or mused to be performed by the Purchaser.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and tradition stated
herein set forth and any supplementary ar additional terms and conditions annexed hereto or incorporated herein by
14. PATENTS.
reference. Any additional or different terms anti conditions proposed by seller are objected to and hereby rejected.
Whenever the Seller 6 required to use any design, device. material or process covered by Irma. paten, trademark
or copyright, the Seller shall indemnify and save hamdess the Purchaser from any and all claims for infringement
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to move on your
promised deliverydate m noted'I one is of the assents. Delivery and perfomence must be effected within the time
stated oa the pnrchum order and the documents attached Lacte. No acts of the Purchasers including, without
limitation, wreptunce of partial lute d0ivdies, shop up ado as u waiver rf this pmvlsion. In the event of any delay,
the Purchaser shall have, in addition ,, other legal and equitable remedies, the option Splacing this under elsewhere
and holding the Seller liable for damages. Howsxr, the Seller shall not be liable for damages as a ramil ofdelays
due to causes not enwnably foreseeable which an beyond its reasonable control and wiNont its fault ofnegligence,
such acts ofGod, acts ofeivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, was or
riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days ofthe
time when the Seller first received knowledge dmot In the event of any such delay, the date of delivery shall be
extended for the period equal to the time mtml ly last by reason of the delay.
3. WARRANTY.
The Seller warrants that all good, articles, materials and work covering by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will he fit for the puryosas numbed, and
performed with the highest degree of can era competence in accordance with accepted standards for wort of a
similar nacre. The Seller skein to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach ofwarranty. The Seller shall replace, repair eamake
good, without cast to the Portland. my diagram or faults moving within one (1) year or within such Ruder period of
dime as may be prom Ted by law or by the terms ofany applicable wartanty provided by the Sella slid the dare of
acceptance of the good furnished hereunder (acceptance rot to be unreasonably delayed), resulting from imperfect
or defective work done or materials famished by the Sella. Acceptance or use of goods by the Purchner shall sew
constitute a waiver ofany claim under this warranty. Except n otherwise provided in this purchase order, the Sellers
liability hereuaer shall extend to all damages proximately caused by the breach of My of the budget., warmmies
or Measured. 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.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by cannon change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make my changes to the terms, other than legal terms, including addition to or deletion from
the quantities migimally ordered in the specification or drawings, by verbal or written change cold. If any such
change trRets the amount due or the lime of perfamame hereuaer, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to my or all portion of the
goods then not shipped, subject to any equiable 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 oncomphned
Portion of the good and/or work, for incidental or consequential damages, and that an such ajuarmrnr be made in
favor of the Seller with respect to any goals which are the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller of any of their obligation as to any good delivered hereunder.
T. CLAIMS FOR AD)US'I MENT.
Any claim for adjustment ..at be nsened within thirty (30) days from the data the change or termination is
ordered.
X. COMPLIANCE WITH LAW.
The Seller warrants that nil good sold hereunder shall have been produced, sold, delivered and furnished in strict
compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and
deliver such documents as may be required to effort or evidace compliance. All laws and regulations 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 hands from all casts and damages suffered by the Purchaser as a result of the
Solids failure to comply with such Inca.
9. ASSIGNMENT.
Neither party shall merge, transfer, or convey this order, or any monies due or to became due hereunder without the
prior wham am., afthe other party.
10. TITLE.
The Seller warrants fell, clear and muutneted title to the Purchaser for all equipmrn, materials, and it. fumisM1e l
in performance of this agaminno, free and clear of my erd all lien, restriction, resdvaon, security interest
encumbrances and claims ofothds,
by reason of the ase of such patented design, device, matennl or process in connection with the canned, and
shall indemnify the Purchaser for any cat expense or damage which it may be obliged no pay by ream. of such
infringement at any time during the prosecution or after the completion of the work. In case said equipment, or
any pad thereof or the intended use of the goads, is in such suit held to constimne infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchner the right to continue Wing wait equipment or pans, replace the same with substantially equal but
marefn'ngin, equipment. or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankvp, make an assignment for the benefit of creditors, appoint a
or trntee far any of the Solids properly of business, this order may forthwith be duration by the
Purchaser without liability.
16. GOVERNING LAW.
The definition of,,— used or hie interpretation of the agreement and the rights ofall Fortis hertander shall be
ontmed made and governed by hie laws ofthe State ofCalocade. USA.
The following Additional Condition apply only in was when Ne Seller is to perform work hereMad,
inching the services of Sellers Repoesentelieds), on Ne premiss ofthh us,
17. SELLERS RESPONSIBILITY.
The Seller shall curry on said work at Sellers awn risk until the came is fully compared and accepted, and shall,
in au of any noiden, de rrvction or injury to the work mllor mmenals before Shcefs final completion and
acceptance,.,]. a the work m Sellers own spent and to the satisfaction of the Purchaser. When materials
and dluipmrnm are famished by orders fen installation or median by Re Selld, the Seller shall receive, unload,
store as handle sane at the she as become responsible therefor as though such mammals and/or egwpmmt
were going f 6ha by the Seller under hie ode.
18. INSURANCE.
The Seller shall, at his awn capering, provide for the payment ofw'orkers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work demed by this purchase order,
and/or 10 their definition in accordance with the laws of the state in which the work is 1. he dine. The Seller
shall also arty comprehensive general liability including, but non limited to. contractual and automobile public
liability imarance with bodily injury and death limits of at least S300,000 for any one person, 5500,000 for any
one accident as pvperry damage limit pee accident of $400,000. The Seller shall likewise require his
contractors, if any, to provide for such compensation and insurruce. Before my ofthe Sellers or his contractors
employs shall do any work upon the premises of athcts, the Seller shall famish the Purchnerwith a certificate
that such compensation and inumnce have ban provided. Such certificates shall specify due date when such
compensation and insurance have been provided. Such certificates, shall specify the date when such compensation
and insurance expires. The Seller agrees that such mmpcnsaion and insurance shall be mai ormad until spot the
entire work 6 completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for my and all damage, loss or injury of my kind
or namre wha.aever to persons or progeny caused by or resulting from the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchase and any
all of the Purchasers oReen, .,an. and employees from and against any and all claims, ]ones, damages
charges or expenses, whether direct or indidel, and whether to persons or property to which the Purchaser may
be put or subject by reason of any act, anion, negled, omission or default as the pan of the Solid, my of his
contractors, or my of the Sellers or contractors officers, agents or employees. In case any suit or other
pru eedings shall be brought against he Purchaser, or its o irds, agents or employees am any time on account or
by reason of any air, action, negled, omission or default of the Seller of any of his contractors or any of i. or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defu d the same al the Sellers own expense, to pay my and all touts, charges, avomeys f. and other expends,
any and all judgment, that may be incurred by or obtained against the Purchaser or my of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment or other Iran be placed upon or
obtained against the property of the Porchaur, or said panics in or as a result ofsuch suits or other proceedings,
the Seller will at once cause the came to be dissolved and discharged by giving boa or otherwise. The Solid and
his contactors shall take all safety precautions, famish and inmll all guards emeswry for the pmeation of
accidents, comply with all laws and regulation with regard to safdty including, but without limitation, the
Occupational Safety and Halth Act of 1990 and all roles as regulation issued pursuant theme.
Revised 03/2010