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HomeMy WebLinkAbout540707 LINDSAY PRECAST INC - PURCHASE ORDER - 3214416City of PURCHASE ORDER F,6rt Collins Date: 08/15/2014 Vendor: 540707 LINDSAY PRECAST INC PO BOX 5440 COLORADO SPRINGS CO 80931-5440 PO Number Page 3214416 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 08/15/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2014 Blanket Order 1 LOT LS 100,000.00 7520 Precast Primary Junction Vault Total $100,000.00 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.mm 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fart Collins is exempt firm state and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000589 is registered with the Collector of Failure of the purchaser to insist upon snict performance fifth, terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revisal Statutes 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure W promptly notify the Seller in ma went are breach, the uceptvme afar payment for goods hereunder or approval offs design, shall not elease the Seller of Goods Rejected. GOODS REJECTED due to failure W mem specifications, either what shipped or due to defecs of any of the warmers, ar obligations of this farchate made end shall not be deemed a waiver of any nght of the damage in transit, may be resumed to you fin credit as are not to be replaced except upon receipt of written problem 10 insist upon scrim performanre barrel any arms nghrs or remedies as W my such goad, regardless insauctiom from the City effort Collins. of when shipped, received or accepted, as to my prior or subsequent default hereunder, Our shall my Imported eel mWifiation or re a iesim of his macM1aae order by the Purchase, openare as a waiver of any of the [ems Inspection GOODS are subject to the City effort Collins inspection or mrival. hereof. Film Acceptance. Receipt of he merchamoe, service s or equipment in response to this older can r esult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. orthodox! paymment on the pan of the City of Fort Collins. However, it is to be understood thatFINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmm antitrust ACCEPTANCE is dependent upon completion of al I applicable required inspection procedures. violations are in fact home by the Purchaser. namcfale, for good came am as consideration for executing this purchase order, the Seller hereby aligns W the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must he F.O.B., City of Fort Collins, 700 Wood St, Fun Collie. CO 80522, unless acquired uMcr federal car state mtirmsr laws far such overcharges relating to the particular goods or sluices whewise spaified on his order. Illusionistic. is given to prepay freight as charge separately the original freight purchased Or acquired by the Purchaser par mmmt to this purchase older bill must acmmnan r incomes. Additional Charges far factors, will nut be acccotM Shipment Distance. Where manufacturers have dimrlbulim, Poinl, in various puts of the ammry, shipment is expected from the neareat distribution point to destiruti m, and access freight will be deducted from Invoice when shipments are made from gna. distance. Permits. Seller shall procure at sellers sole cast all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and tales affair stale, municipality, leader, car political subdlvdsimm where he work is performed, or required by my oher duly mnsblimed public authority fircogjurisdioion over the work of vendor. Seller further agrees a field thc City of Fan Calif. hismlcss fault and maimt all liability and loss aerred by them by reason of m asserted or established violation of my such laws, regulations, mdi. ,roles rm requirements. Aufurizarran. All parties W this canoed agree that the rWresentalives me, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Pumhow Order expressly limits acceptance to me from and conditions stated herein set fomh and my supplementary or additional terms as conditions annexed hereto or incorporated herein by refenue. Any suf iliowl or differenl terms and Mr. pW mad by salter are abjecled to as hereby rejucta 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery data as noted. Time is of thc essence. Delivery and performance muss be aReeed within the time stated on the purchase order and the documamt attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial Irate deliveries, shall opcame u a waiver of this provision. In the event fany delay, the Panduawr shall have, in cal Ilion to he, legal and equitable remedies, the option of placing this ordifir elsewhere and holding the Seller liable for dmages. However, the Seller shall trot be liable for damages as a malt of delays due to camases not reasonably foreseeable which are beyoM its reasonable control mail without its fault of negligence, such acts of God, rots ofcivil or military authorities, governmental priorities, fie, strikes. Bawd, epidemics, wars or riots provided fat notice of the conditions causing such delay is given to the Purchaser within Five (5) days of he time when the Seller first received knowledge therm(. In the Bent of my such delay, the dare of delivery shall be extended for the Farm equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all grad, article, namenak and work covered by thus order will conform with applicable drawings, specifirsaars, samples and/or other dawriprima given, will he fit for the purpose intended, and performed with the highest degree of care and competence in azmNance with arccptW standards for walk of imilar nature. The Seller Was,, W hold the purchasr barraless from any Ims, damage Or aspens which the Purchaser may suR or incur on account of the Sellers breach of o mmnty. The Seller shall replace, repair or make good, without cost in the purchase, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the din of acceptance of the goons famished hereunder (mcep acre not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Accepance or use of good by the Purchaser shall not onstltum a waiver ofany claim tads 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 thc foregoing warranties or guaranty. but such liability shall in an event include loss of partial or Ins offee. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pnnhaser may make changes to legal tears by wrium change older. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other dun legal terms, including additions to or deletions from the gmntitme originally ordered in the specifications or drawings, by verbal or wdacn change order. If any such change offers the mount doe or the iftore of performance hereunda, an equitable adjustment shot NO made. 6. TERMINATIONS. The Purchase may at any time by wnnm change older, terminate this agreement as [o my or all pmrous of me goods then not shipped, subject to any equitable adjustment between the parties as to any work or mmcnals then in progress provided that the Purchaser shall not be liable for any claims for anticipated profit on the uncompleted portion of rbe goods :molar work, for incidental or consequential damages, and deal no such adjusment be made in favor of the Seller with respect to any good which me me Sellers standard stock. Na such lamination shall relieve the Purchaser car the Seller of my of their obligations as to my gawks delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most ud asserted within thirty (30) mays fmm the dine the change Of Rtmilat ion is ordered. I. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations la which the good are subject The Seller shall execute and deliver such documents as may a required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby mcotporated herein by this refemue. The Sella agrees to indemnify and hold the Purchase hamlless fmm all cuts and damage suRered by me Purchaser as is mdl of the Sellers failure to comply with such low. 9. ASSIGNMENT. Neither party shall assign, transfer, or come, this order, or my monies due or to become due hereunder without he poor written consent of the other pray. 10. TITLE. The Seller warrens full, clear and mns:ncted tide to the Purchaser for all equipment, materials, and items famished in pertortname of this agreement, frare and dear of my and all tiers, restrictions, reservations, secunry interest .ambulances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchnser direcs the Seller to correct mnconfxtming or defective goods by a data W be agreed upon by 'he Purchaser and the Seller, and the Seller thereafter indicates its inability ar unwiliingness to comply, the Purchaser may cause the work W ba performed by the most expeditious means available to it, and the Seller shall pay all costs a ariated wih such work. The Seller shall raleaw Be Purchaser and its contractors of any rim fault all liability and claims of any were resulting fmm the perfomtmce of>uch word_ This release shall apply eat in the went Of fault of negligence of the pray orleased and shall extend W the directors, Officers and employees ofauah pmy. The Setters contractual ahhg:niers, including womanly, shall not be deemed to be reduced, in my way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use.1 design, devics, mmerial or process covered by least, pmmt trademark or copyright, the Seller shall indemnify add save harmless the Purchaser fmm any and all claims for infringement by reason of the me of such patented design, deice, material or process in camection with thc commat, pa shall indemnify the Pu dross r far any cost, expense or damage which it may the, obliged to Pay by re. of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any part thereof or the i.,ended use of the &Dods, is in such suit held W cotillion, infringement and the use of said equipment or part is enjoined, the Seller shall, at its awn expense and at its option, eifer procure for the Purchaser the right to continue using said equipment or puts, replace the same with substantially equal but mninfn'nging tyuipmen, or modify a so it heomm mninfnging. I ANSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors. Official a receiver or mostee for any of the Sellers property or business, this Order may forthwith be, canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions effaces used or the manifestation afthe agreement and the rights of all polies hereunda shall be construed maker and governed by the laws of thc State of Colorado, USA. The following Additional Candidate apply only f caws where the Seller is to perform wink hcrauaer, including her semicesof Sellers Rapreaatmtive(s), m the premises ofrfers, 17, SELLERS RESPONSIBILITY. The Sella shall curry on said work at Seller's awn risk until the same is fully completed and accepRd, and shall, in case of any accident, destruction or injury to the work and/or =tenets before Seller's final completion and cceptmce, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials as equipment are fumuhed by others for memilalion or erection by the Seller, the Seller shall receive, mload store and Image same at the site and Became responsible diameter as though such ma[enals maker equipment were being fiimished by the Seller under the order 18, INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in foanmtimm with the work covered by this purchase older, and/or m their dependents in accordance with the laws of the arms is which the walk is W be done. The Seller shall else carry comprehensive general liability including, but cut limited to, contractual and automobile public liability tommnce with bodily injury and death limits of at least 531)(LIAI0 for any one person, 5500,000 for my comaccident adrop property damage limit per accident of S400,I)i The Seller shall likewise require his mum s, Holy, W provide for such compassztim and itamence. Beth my of the Stillman his eontmetors employees shall do my work upon me premise of orhers, the Sella shall f ish the specify nowwith a certificate that such mmpnsi coed iaive Imce have been provided. Such cenihwta shall specify the dine when such compensation and res. The have ban provided. Such certificates shall specify the dine when such compens r the and insurance w work is expires. The Seller agrees that smM1 compensation and insurance shall be maintained until after he entire worn is mmpkaa and accreted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the mtbe responsibility and liability for my and all damage, loss or injury of any kind r mem whatwever W persons Or prWard, caused by or multing from the exception pride work provided for in his purchase mda or in camection herewith. The Seller will indemnify as hold hammleas the Purchase as any or all of the purchase officers, agents and employees fault and Ogainsl my and all claims, losses, damges, charges or expema, whether direct or indirect, and whathcr W persons ar property to which me Purchaser may be put or subject by reason of my act, action, neglect, omissim or default on the pan of the Seller, any of his contractors, or my of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its oRca 1. agents or employees at my time on account or by reason of any act, action, neglect, omission or dealt of the Seller of any of his contractors or any of its or their officers, agents or employ., as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at Be Sellers own expense, W pay my and all toss, charges, attorney, fees and other expenses, may and all judgmms that may be incurred by or obained against the Purchaser or any of is or heir officers, agents or employs in such suits or other proceedings, and in case judgment or ofer him be placed upon or obtained against the propmy of the Purchaser, or said parties in or as a mach of such suits or other proceedings, the Seller will at once cause the same to be dissolved said discharged by giving band or oferwise. The Seller as his contractors shall coke all safety precmtions, fumish and imsull all guard nacssery for the pmemion of accident, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Healer Act of 1970 and all mks and regulations issued pursuml memo. Revised 07/2014