HomeMy WebLinkAbout102796 OLDCASTLE PRECAST INC - PURCHASE ORDER - 9144876Fort Collins
Date: 0812112014
Vendor: 102796
OLDCASTLE PRECAST INC
8392 RIVERVIEW PKWY
LITTLETON CO 80125-9790
PURCHASE ORDER
PO Number Page
9144876 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 CO 80521
Delivery Date: 08/21/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 6555-5539
grade ring w/manhole frame
MIT-M,,
12 EA 990.0000 11,880.00
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;
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
11
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terrns and Conditions
Page 2 of 2
1. COMMERCIALDETAILS.
Ten exemptions. By statute the City of Fon Collin ¢exempt fmm sum end local taxes. Our Exemption Handbills
98-04502. Federal Excise Tax Exemption Cmificam of Registry 84-6000587 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sumer 1973. Chapter 39-26, 114 (a).
Good Rejected. GOODS REJECTED due to failure 0 meet specifications. either when shipped or due to defects of
damage in transit, may he reNmed as you for credit and we rot to be, replaced except upon receipt of wnttm
instructions from the City of Pon Collins.
Inspection. GOODS arc subject a the City of Fort Collins inspection on arrival.
Final Acceptance. Receipt of the merchandise, services or equipment in respmue in this order can result in
d mf.md Payment on the part of the Cory Of Dan Collins. Iluwever, a is In be undanuaod that FINAL
ACCEPTANCE is Dependent upon complexion.rollapplicable rcMircJ inspection procedures.
Freight Terms, Shipments must be F.O.B., City of Fan Collins, 700 Ward St., Fort Collins, CO 80522, unless
otherwise specified on thus older. If permission is given to prepay freight and charge separately, the Original freight
bill must accompany invoice. Additional charges for tacking will not be mcenmd.
Shipment Distance. Where manufacturers have dcardaming Points in various parts of the country, shipment is
expected from the nearest distribution point to destination, and excess freight will he deducted from Invoice when
shipments are made fmm greater distance.
Pmnils. Seller shall procure at sellers sale rust all messrary permits, rcaffewas coed licenses rryufred by all
applicable lows, regulations, ordinances and riles argue, state. municipahly, mrmmry or political subdivision where
the work is performed, or retained by any other duly mmtimted public authority havingjunsi iction over the work
of vendor. Seller farther agrees an bold me City of Fan Collins harmless from and against all liability, and loss
incurred by them by mason of an asserted or esubliNed violation of any such laws, regulations, Ordinances, miss
ur uoreaii
Authorization. All parties to this contract agree that the representatives arc, in fact, bona Ede and poses, full and
ample authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
hereto set form and any supplememary or additional Firms and conditions annexed hereto or incorporated herein by
reference. Any additional or different erms and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE. ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to wrive on your
pmmlud delivery date as noted. Tome is Of the essence. Delivery and pefomiance most be effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance orpartlal late deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Pankow, shall have, in addition to other legal and equitable remedies, the option of placing this Oder elaewhem
and bolding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays
due to mums not assembly ficarsecable which are beyond its reae.mble contml and without in fault of negligence,
such was ofGwl, acts of civil or military mthommi, governmental priorities, firms, strikes, food, epidemics, wars or
riots provided fault notice of the conditions causing such delay is given to me Purchaser within five (5) days of the
time when the Seller first received knowledge thcnnC In the Bent of my such delay, me date of delivery shall be
extended for the period equal to the time actually lost by reason of0e delay.
3. WARRANTY.
The Seller warrants that all goods, articles, mends and work covered by this order will conform with applicable
drawings, specifications, samples w1mr other descriptions given, will he fit f the purposes intended, and
performed win the highest degree of care and competence in accordance with ecemed standards far work of a
similar nature. The Seller agrees to hold the purchaser harmlcss farm any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach ofwarmnty. The Seller shall 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
Late as otay be prescribed by law or by me terms of any up,lfoable warranty provided by the Seller afa the dam of
acceptance ofthe goods famished hereunder (acceptance not to be unreaonably delayed), resulting from imperfect
or defective work done or materials furbished by the Seller. Acceptance or use of good by the Purchaser shall not
oatitute a waiver of any claim under this warranty. Except as otherwise Provided in this purchase.are, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or guarantees, bur such liability shall in no event include loss of profits or loss of um. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser my make changes to legal terms by wrier change order.
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may nuke any changes an me terms, other than legal terms, including additions Or deletions from
me quantities originally ordered in the specifications or drawings, by vcthel or women change order. If any such
change aff¢u the amount due or the time ofperformmem hereunder, an equitable adjustment shall le made.
6. TERMINATIONS.
The Pumbacr may at any time by written change care, mrmfnate this agreement as to any or all portions of the
goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in
progress provided that the Purchaser shall not Is, liable for any claims for anticipated profits on the uncompleted
pOnion of the goods ankm work, for incidental or coma quential damages, and that no such adjustment be made in
favor of the Seller with respect to any goods which are the Sellers stondaN stock. No such termination shall relieve
the Purchaser or the Seller of any oftheir obligations a to any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thIM (30) days from the dam the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants than all goods sold hereunder shall have been produced, sold, delivered and famished in stain
compliance with all applicable buns and regulations to which the good art subject. The Seller skill execute anti
deliver such docvmcnu as may b, mluired to affect Or evidence compliance. All laws and regulation required to be
incorporated in agreements of this character are hereby incorporated herein by this measure. The Seller agrees to
indemnify and hold me Purchaser harmless from ell riots and damages suffered by me Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, lumber, or convey, this order, or any manias due err N become due hereunder without the
poor written consent ofthe other perry.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished
in performance of this agreemem, free and clear of any and all lams, monclfans, rescrvalians, security interest
are mbramma and claims of others.
I I. NONWAIVER.
Failure of the Purchaser to insist upon wrier parformance of Ile temp and conditions heri billion or delay to
xany rights or remedies pmvded herein Or by law, failure to promptly notify the Seller in the event of a
b reack the acceptance of or payment for gaud hereunder or approval ofthe design, shell not release the Seller of
my of me warranties or obligations of this purchase order and shall not b, droned a waiver of any right of the
purchaser an insist upon strict performance hereof., any of its rights me remedies as to my such goods, regardless
of when shipped, received or accepted, as to my prior or subsequent default hereunder, nor shall my purported
am[ modification or remission of this purchase order by the Purchaser arms, as a waiver of any of the terms
hermr.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Serer and the Purchaser recognim that in actual economic practice, overcharges resulting man antitrust
violations are in fact home by the Purchaser. Theretofore farRoadcause and as consideration for-Omir.g this
purchate order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
acquored under federal or spite contrast laws for such overcharges relining to the particular goods or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaer directs the Seller to correct nonconforming or defective gaud by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its ha ailiry or unwillingness to comply, the Purchaser
may cause the work t. be performed by fie most expeditious mean available to it, and me Seller shell Pay all
costa nssacimed with such work.
The Seller shall mlease the Purchaser cord its em razors of my tier from all liability rued claims of any nature
mulling from the perfotmmee ofsuch walk.
This mlesse shall apply men in the rem of fault of negligence of the party relieved and shall extend to the
climctom,.111mrs and employees of such pain.
The Seller's contractual obligations, including warmly. shall not he deemed to be reduced, in any way, because
such work is perforated or caused a he performed by me Purchaser.
14, PAT'ENTS,
Whenever be Seller is enquired In use any design, device, material or process covered by later, patent, trademark
or copyright, the Seller shall indemnify and save homeless the Purchaser from any and all claims for inldngemeal
by rmmm of the use of such patented design, device, material or process in connection with the contract, and
shall Indemnify the Purchaser for my cost, expense or damage which a may be obliged to pay by reason of such
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 Goods, is in such suit held to consulate infringement and the use of
said aquipment or pan is enjoined, the Seller shall, at its own expense and at its option, either promm, for the
Purchaser the right m continue using said equipment or pans, replace the same with substantially equal but
ma inMnging mufpmcal, or modify it as it becomes nodufenging.
15, INSOLVENCY.
If the Sella shall become insolvent or fad:mpt, make an assignment for the benefit of credlmrs, appoint a
receiver or trustee for any of the Sellers property or business, this odef maforthwith an y forthth be cmled by the
Puritanism w Puritanism liability.
16. GOVERNING LAW.
The deMitiom oftemts used or the interpretation ofthe agreement and the nghu of all panics hereunder shall be
construed under and governed by the laws argue State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Representative(,), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall,
in e of any accident, destruction or injury to the work and/or materials before Settees final completion and
weepmnce, complete the work at Seller's own expense and m the satisfaction of the Purchaser. When materials
and equipment are fumichxl by others for installation or erection by the Seller, the Seller shall receive, unload,
stare and handle mme at the site and became responsible therefor a though such materiels maker equipment
were be, fumhhed by the Seller mdm the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits. N its employes employed on or in connection with the work covered by this pumham order.
mllor to their dependents in accordance win the laws of the state in which the work is N be done. The Seller
shall also cast exmpmhemive general liability including, but not limited W. command and aummoblle Public
Ifduhty mv-wce with bodily injury and death limits of in least smonso fro any one person, SSo4000 for any
one accident and property damage limit per accident of 5400.000. The Sellashall likewise raluire his
contractors, if any, to provide for such mmpewtion and insurance. Before any ofthe Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall famish the Purchaser win a cenificam
that such compensation and insurance have been provided. Such cenificnes shall specify the dam when such
compensation and insurance have been provided Such certificates shall specify the dam whensuch compensation
and insurance expires. The Seller agrees that such compensmion and insurance shall be maintained amd after the
entire work is completed and accepted.
19. PROT'HCT'ION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire mFonsibibly and liability for any and all damage, loss or injury of any kind
or nature whotscever to persons or property caused by or resulting fmm the execution ofthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Pmchaer and any
or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property to which the Pmchnser may
be put or subject by reason of any azt aeon, neglect, omfsion or defult an me Pan of me Seller, may of his
contmm.rs, or any of the Sellers or contractors officers, agents or employees. In case my suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at my time on account or
by reason of my act, action, negleet, omission or default of the Seller of any of his contractors or my of its Or
their oMO.. agents art employees as aforesaid, the Seller hereby agrees In assume me defense therm! war 1.
defend me same at me Sellers own expene, to pay my eel all costs, charges, almorwas fees and other expo rses,
any and all judgments Nat may he incurred by or obtained against the Purchaser Or any of as or their officers,
agents or employees in such suits or other proceedings, and in case judgment Or other lien be placed upon or
obtained against the property, ofthe Purchaser, or said parties in or as a TMUR ofsuch suits or other panceplaill
me Seller will at once cause me same to he, dissolved and discharged by giving bond or otherwise. The Seller and
his contmetors shall take all safety precautions, furnish and imull all guards necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but wihout limitation, the
Occupational Safety and Health An of 1970 and all rules and regulations issued pursuant thereto.
Revised 07R014