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HomeMy WebLinkAbout103918 COLORADO PRECAST CONCRETE - PURCHASE ORDER - 9143751PO PURCHASE ORDER 9143751 Page C117/ of PURCHASE 43751 1 of 3 Flirt Collins( This number must appear /_-!"`�J`' ` v " on all invoices, packing sli s and labels. Date: 08/21/2014 Vendor: 103918 COLORADO PRECAST CONCRETE 1820 E HIGHWAY 402 LOVELAND CO 80537 Ship To: UTILITY SERVICE CENTER - WA CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 07/01/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 6990-8841 50 EA 259.0000 12,950.00 79 x 56 x 6" xfiner pad YARD TRANSFORMER PAD, PRECAST, 79"X 56"X 6", FOR 3 PHASE, 75-500 KVA, FLAT TOP WITH NO RECESSED AREAS, PER SPEC. DWG 368-400, SERIAL #01, REV. AMCOR, COLORADO PRECAST, 2 6990-8846 20 EA 322.5800 84 x 73 x 6" xfiner pad YARD TRANSFORMER PAD, PRECAST, 84" X 73" X 6", FOR 3 PHASE, 750-1000 KVA, 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 Pay terms net 30 days Invoice Address: 6,451.60 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 City of F„`rt Collins PURCHASE ORDER PO Number Page 9143751 2o13 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price FLAT TOP WITH NO RECESSED AREAS, PER SPEC. DWG 368-400, SERIAL #02, REV. AMCOR, PRECAST 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 $1 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tents and Conditions Page 3 of 3 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collie u exempt tram stare and local taxes. Our Exemption Number is 11. NONWANER. 9g-04502. Patent Esteim Tax Exemption Certificate of Registry 84 6000587 is registered with the Collector of Failure of Or Purchaser to insist upon strict performance of We terms and conditions hercef, failure or delay to In sand Revenue, Denver. Colorado (Ref. Colorado Revised Modules 1973, Chapter 39-26, 114 (a). exercise any rights or remedies pmsided heein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance infor paymrnd for good hammicf or approval ofthedesign, shall not release the Seller of Gaud Rejected. GOODS REJECTED doe to failure to. apecifica0ons, either when shipped or due,. defect of any of the warranties or Obligations of this purchase order and shall not W deemed a waiver of any right of the damage in manait, may be remmed to youfor credit and art oat m be replaced except upon rarip, of .,,a purchaser 10 insist upon strict Performance heeofor any ofit right or remedies as m any such goods, regardless instructions from the City afraid Collins. of when shipped, received or accepted, as to any prior at subsequent default hereunder, nor dull any pumoned oral mach fication or rescsdon of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fan Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. amhorierd payment on the an of the City of Fort Collins However, it is la be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCIiP'IANCEisdependenntponcompletionofollapplicableregniredinspectionpracedtires. violations ore in fadbome bythe Purchaser. Theretofore, for good cause and as consideration fiacementing this purchase coder. the Seller hereby amigos to the Purchaser any and all .[aims it may now have tar hrrealter Freight Temts. Shipments must be FOB., City of Fan Collins, 700 Wood St., Fort Collins, CO 80522. mdeas acquired under federal or state ruminator awn for such overcharges relating to the partial., goods or services oWerwiu specified mthi,mda. Bpard,,mao,mamprepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must sec nufany invoice. Additional charges fro packing will era, be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where parmthrtmers have distributing points in various pans of the country, shipmen is Ire Purchase, directs the Sellam cancer mirconfored., mdefeneygaod by.&I, retrogress] upon bythe expected from the nearest distribution no to destination, end excess freight will be deducted from Invoice when Purchaser and the Sell,, and the Sella fereafter aid..- its inability or unwillingness d comply, the Purchases shipments are made from greater distance. may cause the work to he performed by the most expeditious maxi available a it, and the Seller shall pay all costs hated with such work. Prnnits. Seller shall procure M sellers sole cost all cecexer, permits, cenifcmes and licenses required by all applicable laws, regulations, ordinances and ales of the state, municipality, ternary or political subdivision where the work is perforated, or required by any other duly cormitmed public authority having jurisdiction over the work of vend.,. Set]. further .,tees to hold the City of Fort Collins hmmlea tram and against all liability and less incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, m[es and requirements. Autlamizatirn. All p cries to this contract agree that the representatives are, in fact, bona fide and process full and rmplete nntheriry to bind said parties. LIMITATION OF TERMS. lhis Purchase Order expressly limit acceptance to the terms and conditics s stared herein set Firm and any supplementary or additional terns and conditions annexed hereon or incorporated herein by reference. Any additional or different temre and conditions proposed by seller me objected nand hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately tryout cannot make complete shipment to arrive on your promised delivery date as noted. Time is of ]he essence. Delivery, and performance most b, effected within the time stated on the purchase order and the documents attached brain. No acts of the Purchases including, without limitation, acceptance official late deliveries, shall attempt as a waiver of Nis provision. In the even ofnny delay, the Purchous shall have, in addition to other legal and equitable remedies, the option ofplacmg this order elsewhere and holding the Seller liable for damages. I to sever the Sella shall .1 be liable Or damages as a rtsulr of delays due to causes not reasonably foreseeable which so, beyond its reasonable commit and without its fault of negligence, such ads afGod, acts afciA[ or military, auWanties, govemme ad pd mum, faces, stages, flood, epidemics, was or Hats provided ]bat notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Sella first received lo ewlodge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrant that all goods, uncles, materials and work covered by this order will conform with applicable drawings, spsa ffemions, samples and/or other descriptions given, will be fit for the pummes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work ala 'miler nature. The Seller ogees to hold the purchaser harmless from any loss, dunnage no expense which the Purchaser may suffer or incur on account of the Sellars breach of warnty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the team ofnny applicable wanamy provided by the Seller after the date of acceptance of the good furnished hereunder (accep reee not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Sella. Acceptance or use of goods by the Purchaer shall not mandate a waiver crony 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 ivy of the foregoing wamanties or guannum, but such liability shall in no event include lass 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 written change order. - 5. Cl IANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions an or deletions from ,he quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affals the amount due o, Use time of performance hereunder, an equitable adjustment shall be mud.. 6. TERMINA3'IONS. The Purchaser may at any time by written change order, accurate this agreement m many or all portions of the good then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in pmgmss provided that the Purchaser shall not be liable for tiny claims for anticipated profits on the uncompleted parties of the goods cursor work, for incidental or consequential damages, and that no such attachment be made in favor of the Sell,, with mepal to any goad which am the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofnny of their obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for submtment must M asserted within thirty (30) days train the dare the change or tanduction is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goad sold hereunder shall have been produced sold delivered and famished in strict omplianee with .11 applicable laws and mpalmims rut which the goods are subjal. The Seller shall execute and deliver such dnwmmmis as may be acquired to effect or evidence compliance. All laws sad regulations bNobcd to be incorporated in agreements of this character are hereby mucToneed herein by this reference. The Seller agrees m i ademnify and huld the Parchaser harmless from all costs and damages suffered by the Purchaser m a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall not marefer. or convey this order, or any monies due or to became due hereunder without he prior wdten concert ofthe other party. I0. TITLE. The Seller warrant full, clear and unrestricted title to the Puchaer for all equipment, manniak, and itans fumuhed in "Pica axe of this agreement Bee aM clam of any anal all liens, restktions, .esenatiom' savory summit encumbrances add claims of orders. The Sella shall oc a rse the romancer and its contractors of arty tier from all liability and claims of only nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend or the directors, Mass and cmploym, ofmch Party. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or .are covered by leua, patent, trademark or copyright, the Seller shall indemnify and save hanmde , the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or proaess in connection with the contract, and shall indenmify the Pembina for any cost, expense tar damage which it may be obliged to pay by reason of mach infringement at any time during the prosecution or after the completion of the work. In case mid equipment, or any pan thereof or the intended tau of the good, is in such suit held to constitute infdngemam and the use of said eqopmen a, pan is enjoined, the Seller shall, at its own expense and at its option, either prome for the Purchaser the right to continue using said equipment or parts, replace the morns with substantially equal but noninGn,ing equfpmem, m mNify it m it becomes rwmounting. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for We bcnefil of creditors, spatial a receiver or trustee for any of the Sellers prepay or business, this order may forthwith be canceled by the Purchase without Iiabiliry. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights oral] posies hereunder shall be ommurd order and govemed by Be laws of the State of Colored., USA. The following Additional Conditions apply only in where the Seller is to perform work hereunder, including the services of Sellers Rermsermca(s), on thecases premises of aches. Il. SELLERS RESPONSIBILITY. The Seller shall carry on said work In Sellers own risk until the may is fully completed and accepted, and shall, to u of any accident, desuuaion or injury to We ..if shava m neria, before Sellers fwl completion add acceptance, complete the work at Sellers own expense and to the mtisfactios of the Purchaer. When materials and equipment are fiunished by others for installation or erection by We Sella, the Seller shall receive, unload, adore and handle same at the site earl become responsible therefor as Waugh such prom uB arri equipment were being famished by We Seller trader the order. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compensation, inducing caupmioral disease bereft, on its employees employed on or in connection with the work covered by this purchase order, and/or to their dependent in accordance with the laws of the state in which Be work is to be done. the Seller shall also tarty cmnprehavive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and dealt, limit of ad least $300.000 for any one person, S500,000 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his anom0cm, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall (umish the Purchaser with a afficam that such compensation and insurance have ban provided. Such certificates shall specify the dam when such compensation and insurance have been provided Such certificates shall specify the date when such comPenation and insurance expires. The Seller agrees that such compensation and insurance shall be mainuincd until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes We entire responsibility and liability for any aM all damage, loss or injury of any kind or tumrt whatosecr to persons or property, caused by or resulting from the execution of We work provided for in this par done order or in connection herewith. The Sella will indemnify and hold haarecless the Purchaser and any or all of the Purchasers craters, agent and employees from add against any and all claims, torso, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may h put or subject by aroma of any am, action, neglect, omission or default on the part of the Seller, any of his contractors, or any of the Sellers or mountain, o1Ecm, agent or employees. In cue any suit or other proceedings shall be brou,h, against the Purchaser, or its officers, agent or employees al any time oa scccunt or by reason of any act, action, neglect, omission or default of the Seller of any of his mntramms or any of its or their officers, agent or employees as aforesaid the Seller hereby agrees ve assume the defense thereof vad to defend the same at the Sellers own expense, to pay any and all cost, charges, mtomeys fees and other expenses, any and all judgment Oat may be incermal by or obtained against the Purchaser or any of its or their oBicas, agents or employees in such suit or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of We Purchaser, or said parties in or as is result of such suit or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all mfery precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 oral all rules end regulations issued pursuant thereto. Revised 07n014