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HomeMy WebLinkAbout519780 PRECISIION CONCRETE CUTTING - PURCHASE ORDER - 3214409Fort Collins Date: 07/24/2014 PURCHASE ORDER Vendor: 519780 PRECISION CONCRETE CUTTING 3191 N CANYON RD PROVO UT 84604 PO Number Page 3214409 1o12 This number must appear on all invoices, packing sli s and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 07/17/2014 Buver: JOHN STEPHEN 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 2014 CONTRACTUAL 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 1 LOT LS 20,000.00 Total $20,000.00 Pay terms net 30 days 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 1. COMMERCIALDETAILS. Tax exemptions. By suture he City of Fan Collins is exempt from .team load uxr. Our Exemption Nomber is 11. NON WAIVER. 9"503. Federal Excise Tax Exemption Certificate of Registry di-6o00581 is registered with the Collator of Failure of the purchaser to insist upon strict performance of the terms am conditions hereof, failure an delay to Inteena] Revenue, Denver, Colorado (Ref Colorado Revised Sumter 1973, Chapter 39-26, 114 (a). exercise any rights or eemmics prosided 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 ofhe design, shall not release d e Seller of Goods Rejected. GOODS REJECTED site to failure to meet specifwtions, earlier when shipped or due to defects of any of the warranties or obligations; of this purchase order and shall rot be deemed 0 waiver of any right of the damage in haresit, may be rehmed to you far credit amd arc nor m be replaced except upon receipt of wainen p ,chaser ro insist upon strict performance lummunr any offs rights or remedies as to any such goods, figureless instructions from the City of Fan Collins. of when shipped, received or nccepred, as to any prior or subsequent default hereunder nor shall any Forgotten oral rmdlficanw. or rescission of this pwar ae, order by the Purchaser opens, as a waiver of any of the terror Inspection. GOODS are subject to he City of Fan Collins inspection on arrival, Favor.. Final Acceptance. Receipt or the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENE OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fan Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in want economic practice, overcharges resulting from minnow ACCEPTANCE is dependent upon completion ofall applicable required inspection uncedurm. violations are in fact home by the Purchamr. Theretofore, forgoodcause and in, consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wom Sr, Fan Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise speci lied 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 most accommunv invoice. Additional charwes for oackin r will not be accented, Shipment Distance. Wlere manufacturers have distributing points in various Pans of the country, shipment is expected from the nearest distribution paint to destination, and excess freight will be deluded form Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole .1 all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and tales of the sure, municipality, territory or political subdivision where the work is Performed, or acquired by any other duly ronstioned public authority having jurisdiction ma he work of vendor. Seiler funMr agrees to hold the City of Fan Collins hamdess from and against all liability arts loss incurred by them by reason of an mserred or established violation of any such laws, regulations, ordinances, ales sad confla rams. Authorization. All Forties to this contract agree that he rep area utlses are, in fact, bona ride and possess full and ..pipe authority to bind said parties. LIMITATION OF TERMS. This Purchase Order eapressly limits acceptance to the terms and conditions stated herein set tomb and any supplementary or additional krms and conditions annexed hereto or incorporated herein by reference. Any additional or different temp and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT imm diarely ifyau cannot make complete shipment to ounce an your promised delivery date as noted. Time is of the essence. Delivery and performance mot be effected within the time stated oa the purchase aide, and the documents attached hereto. No acts of the Purchrers including. without limitation, i cee,oncc of partial late deliveries, shall operate as a waiver of this provision. In the event orally 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. However, the Seller shall not be liable for damages in a result of delays due to canes not reasonably foreseeable which are beyond its reasonable eomml and without its fault of negligence, such acts of God, acts ofeivil or military authorities, goverrenenml priorities, fires, strikes, flood, epidemics, wars or or riots provided that notice of be conditions causing such delay is given b the Purchaser within Eve (5) days of the time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the penod equal to the time wa ally lost by rerun of the delay. 3. WARRANTY. The Seller aoma ds Char all Funds, modes, materiah and work warred by Nis order will conform with applicable drawings, spaifications, samples amour other descriptions given, will he fit for the purposes intended, and performed with he highest degree of care and compeience in accordance with accepted s indard for ;cork of a imilar nature. The Seller agrees to hold the purchaser harmless tram any loss, damage or expense which the Puchucr may suffer ter incur on accoun of the Sellers breach of warranty. The Seller shall aTtace, repair of an dre good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescrilsed by law or by he corms of any applicable warranty provided by the Seller after the date of acceptance of the goods fumishel hereunder (accepance not to be unreasonably delayed), resulting farm imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaer shall sot consulate a waiver of any claim under this vacancy. Except as otherwise provided in this purchase order, be Sellers liability hereunder shall extend to all damages pmximmely caused by the breach of any 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 MERCI (ANTABI LITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, C)IANCES IN LEGAL TERMS. The Purchmer may make changes to Iegal It. by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Puchaar may make any changes to be terms, whet than legal train, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by valued or wnaen change order. It any such change affects the amount due or the time ofperfmmmse hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, hurricane this agreement as many or all porior of the goods hen not shipped, subject to any equitable adjustment between he parries a many walk or matmals hm in progress provided that he poets shall root be liable for any claims for anticipated profits on he uncompleted portion of the good soul ss'ork, fir incidenul or consequent.] damages, surd that an such adjustment be made in facet of he Seller wish repaa t to any goads which are he Sellers mndW stook. No such I... shall reline he Purchaser or the Seiler of., ofheir obligations as many goods delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be inverted within fiat (30) days tram he date the change or Iemwarion is Ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in liver compliance with all applicable laws and regulation, to which the gmtds are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance All laws and legman. required to be neo sodded in agreements of this character are hereby incorporated herein by this rrhrenoe. The Seller agrees m indemnity and hold the Purchaser harmless from all costa and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pray shall sssign, transfer, or convey this order, or any monies due or to became due hereunder wifour be prior written consent argue other part'. 10. TITLE. The Seller warrants full, clear and umanicled tide to be Pmchocr for all squipmat mmmind,, and items fueled in prufarmantt of did, agreement free and clear of any wed all liens, restrictions, rarnameres security interest encumbrances and claims ofohers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser may cause the work to be performed by the most expeditious meters available to it, and the Seller shall pay all costs associated with such work. The Seller shall relaw the Purchaser and ill c mmusuors of any tier farm all liability and claims of any tau resulting from the performance ofsuch work. This redrew shall apply can in the event of fault of negligence of the parry releued and shall extend m the directors, officers and cmployces ofsurb party_ The Seller comractiml Obligations, including wormnry, shall not be, deemed to be reduced, in any way, because such work is performed or caused to be perfomnM by the Purchaser. 14. PATENS. Whenever the Seller is aqu ircl to use any design, device, material or process covered by letter. plant, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reran of the use of such patented dl device, material or process in connection with the commit, and shall indemnity the Purchaser far any cost, expense or damage which it may be obliged m pay by reason of rush 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 goads, 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 as option either proare for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but nocraf liging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assigntnem far the benefit of creditors, appoint a receiver or taster rim any of the Sellers pmperry or business, this order may forthwith be conmled by roe Purc hase, without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights of all pxttirs herewdm shall be construed under and gm'emed by the laws off, Some ofColando, USA. The following Additional Conditions apply only in cases where the Seller is to recount work hereunder, including the services of Sellers Representative(s), an be premises ofadai 17. SELLERS RESPONSIBILITY. The Seller shall cony on said work at Sellers own risk until the same is fully completed and accepted, and shall, in se of any accident, dmnamion or injury to the work andfor a clee.B before Seller's final completion and acceptance, complete the walk at Sellers own expense and m the satisfaction of the forebears. When materials and egiiipmal are famished by than for installation or erection by the Seller, the Seller shall receive, unload store and handle same at the site and become responsible ferefar u though such materials anoor egalpmml were being famished by the Seller 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 with the work covered by this purchase order, amour to their dependents in accordance with the laws of the state in which the nark is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with hwlily injury and death limits of at least 5300.030 for any one person, 5500,000 for any one .,ad,., and property damage limit per accident of Se00,000. The Seiler shall likewise ".no his contractors, if any, to provide for such compensation and insurance. Before any of be Sellers or his contractors employees shall do my work upon the premises of oguers, the Seller shall lwnish the Purchaser with a cemfiwte that such compensation and insurance have been pmv ided. Such cenifemes ;lull specify du date when such ompensation and insurance have br provided. Such remainder shall specify bar dale when such mmpasation ru and insurance expires. Tie Seller agrees that such compensation and insurance shall be maintained until after he amine work is completed am accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby aspropub the moire resgarra biliry and liability fur any and all damage, loss or injury army kind or nature whatsoever to process or propeay caused by or noodling from the execution ofgue work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmlea the Purchaser and any cr all of the Perc avers officers, agents and employees form and against any and all claims, lasses, damages, harges or expenses, whether direct or indirect. and whether to persons or property to which the Puahaser may be put or subject by reason of any act, actim , neglect, omission or default oa the pan of he Sellen any of his contractors, or any of the Sellers or contractors officers, agents or employees. 1n case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any am, wlim, neglect omissian or defaull of the Seller of any of his contractors or any of ins or their afters, agats or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and m defend the same at the Sellers own expense, to pay any and all casts, charges, attorneys fees and other expenses, any and all judgments that may be incanted by or obtained against the Pmchnser or any of its or their officers, agents or employees in such suits or other proceedings, and in cosc judgment or other lim be placed upon or obtained against he property of the purchaser. or said parties in or as a result of such suits or other proceedings, be Seller will at once mutt be some to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, fmish and install all guard necessary for be prevention of accidents, comply with all paws and regulations with regard to safety including, but without limitation, he Occupational Safety and Health An of 1970 and all ales and regulations issued pursuant thereto. Revised 07n014