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HomeMy WebLinkAbout122099 ARMORCAST PRODUCTS CO - PURCHASE ORDER - 9145160PO PURCHASE ORDER 914516er Page rCI�/iiO'f^ 9145160 1 of 3 ' `t Collins lins This number must appear V ` on all invoices, packing sli s and labels. Date: 09/08/2014 Vendor: 122099 ARMORCAST PRODUCTS CO 13231 SATICOY STREET NORTH HOLLYWOOD CA 91605-3401 Ship To: UTILITY SERVICE CENTER - WA CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 09/08/2014 Buyer: PAT JOHNSON Note Vendor Information: Armorcast Line Description Quantity UOM Unit Price Extended Ordered Price 6550-7250 Tx 5' x 60" sidewalk vault Only approved manufacturer. 65507250 YARD 12 EA 2,240.4500 26,885.40 VAULT, POLYMER CONCRETE, 3'X5'X60" DEEP, 20K LOAD RATING, TORSION ASSIST LID WITH INTERNAL STEEL FRAME AND GROUNDING NUT, TUBULAR SUPPORT BEAMS, PENTAHEAD LOCKING BOLTS, NO BASE, LOGO: "ELECTRIC". 1" X 1-5/8" CHANNEL STRUT TO BE INSTALLED ON EITHER END, AND 2" X 2" X 1/4" FIBERGLASS SQUARE STOCK TO BE INSTALLED ON VAULT SIDES FOR TRANSFORMER SUPPORT. ARMORCAST, A6001833TA60FCU; _ Note to Shipper: 24 - 48 hour Notification to: 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 PO Number Page City of PURCHASE PURCHASE ORDER 9145160 2of3 ppear Flirt Collins on all invoices, pacst king ,�—.J`-' Collins on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price Dan Hofeling - 970-221-6389 OR Steve Serna - 970-221-6709 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 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 3 of 3 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Too Collins is exempt fmm state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Ceafineute of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stmutcs 1973, Chapter 39-26,114 (a). Goods Rejected. GOODS REJECTED due to failure to meet spaifirmons, ator when shipped ordue of defcots of damage in transit, may be returned to you for credit and art not to be aTiaced except upon receipt of wrinm iawceions from the City of Fon ColFia. Inspection. GOODS are, subject o the City of For Collins inspection on recent. Final Acceptance. Receipt of the merchandise, services or equipment in response to Nis order can taint in aulhonaed payment on the pan of the City of Fan Collins. However, it is to be understood that FINAL ACCEPTANCE, is depeMent upon completion efall applicable required inspection procedures. Freight Terms. Shipments mat be FOR,. City of Pon Collia, 70) Wood M., Fon Collins, CO 90522, unless oNerwise specified on Nis order. If permission is given to papy freight and charge separately, the original freight bra most accompany invoice. Additional charges for making will not be accepted. Shipment Distance. Where rtnnufrclurm have aband ring Points in various cons of the country, shipment as expected from the nearest distribution point to destination, and excess freight will be deducted fmm Invoice when shipments ore made from greaser distance. Permits. Seller shall procure at sellers sale cat all rim scary permits, ttnifcites and heannes required by all applicable laws, regulations, ordinances and holes of the stale, municipality, territory or Whites[ subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless fmm and against all liability and loss incurred by them by reran of an asserted or established violation of any such laws, regulations, ordinances, holes and requirements. Authorization All panics to this contract agree that the representatives are, is final, bow Ede and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchsc Ord, expressly limits acceptance In the terms and conditions stated Iarein set forth and any supplementary or additional terms and conditions annexed harem or incorporated herein by reference. Any additional or di pliant Iemn and candfiio w pmlmmd by seller va Objected to and hereby rejected. 2. DELIVERY. PITASH ADVISE: PURCI IASING AGEN9ithavediately ifyou Omnml make complete shipmcm to arrive on your promised delivery date a noted. Time is of the essence. Uelivery and performance coal be eo'emed within the lime stated On the purchase order and the do a nenm' notched Lcam. NO acts or the Purchase,, including, amot limildion iss"cnew of panlnl lute deliveries, shall cPaam as a waiver of this provision. In the event of any delay, the Mortimer steal I have, in addition to offer legal and equitable minedics, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such aces Of God, is ofcivil Or military aulhorides, governmental priorities, fires, strikes, flood, epidemics wars or riots provided that notice ofthe conditions causing shelf delay is given to the Purchase, within five (5) days of the time when the Seller first received knowledge thereof. In the event Of any such dday, the date of delivery shall be extended for the perind .it to the time actually Into by easan Of the delay. 3. WARRANTY, The Seller warrants that all goods, asides, materials and work covered by this order will conform with applicable drawings, specifications, samples ammo other descriptions given, will be fit for are purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Sella agrees to hold the purchaser M1mmless fmm any lass, damage or expense which the Purchaser may suffer Or incur on account of Net Sellers breach mf warranty: The Seller shall replace, repair or make good, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer pariod Of time as may he, prescribed by law or by the mum of any applicable why provided by the Seller after the dam of acceptance of the goods famished hereunder (accepmnce not to be unreasonably delayed), resulting from Imperfcl or defctive, work done or nutenals famished by the Seller. Acceptance or use Of goods by the Pusher shall and ronstimm a waiver of any claim under this warranty. Except s wherwia, provided in this purchase coder, be Sellers liability heamuler shall extend to all damages proximately caacd by the breach of any of the foregoing wamenhas or guarantees, but such liability shall in no event include Foss of profits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes on legal inns by wrium change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the came, other than legal aura, including additions to or deletions from the quanlilics wgirmlly ordered in the specifications or drawings, by verbal or written change make. If any such change mbects the hmmunl due or the time of aerfomame. hereunder, an cquilable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all minnow of Ne goods then nol shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided it,., the purch:rser shall nor M1c liable for tiny claims for anticipated profits on the uncompleted portion ofthe goods author work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect or any e«x15 which are the Sellers standard stack. No such termination shall relieve the Purchaser or the Seller of any oftheir obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSq'MENT. Any claim for adjatmetn must be sscred within thirty (30) days from the date the change or mrmination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants its, all ...d,, sold hereunder shall have been produced, said, delivered and branded in snict omplumc with all applicable law, and regulations to which the goods are subject. The Sella shall execute and deliver such dmnunents as may be required to effect or evidence compliance All laws and regulations required to be incorporated in agreements of this character are hereby incerpommd herein by this reference. The Seller favors to indemnify and hold the Purchaser homUess from AI Ones and damages su Bad by the Purchase, to a result of the Sellers failure ro comply with such low. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent ofthe other pony. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Percher for all equipment. materials, and items famished in performance of this agreement, free and clear of any and all lice,, restrictions, reservations, secariry interest encumbrances and claims of others. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay at exercise any rights or remedies provided herein or bylaw, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release, Ne Seller of any of Ne warranties or obligations of Nis purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hareofor any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor mall any purported oral modification or rescission of this pu chats order by the Percher oper9m as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller armd the Purchaser recognize that in school acconarric pmeticc, overcharges resulting firm antitrust violations arc in fact home by the Purchaser. Theretofore, for good cause and as comidermion for ascending this purchase order, the Seller hereby assigns to are Purchaser any and all claims it may now have or hereafter acquired wader federal or sate anrltarcul laws for such overcharges relating Or Ne particular goods or services purchased or acquired by the Parchaver pursuant as this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Poremorn directs toe Mint to rorreat nonconforming or defective goods by a date to be agreed upon by the Percher and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Percher may cause the work to be performed by the most expeditious means available to it, and the Sella shall pay all costs asserciad with such work. The Sella shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the pay released and shall extend to the damemrs, officers and employees ofutch party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perfmnned or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, matered or process catered by letter, patent, romemmk or copyright, the Seller shall indemnify and save harmless toe Purchaser fmm any and ell claims for infringement by reason of the ae or such panted design, device, to,16.1 or paces in connection with the commck and shall indemnify the Purchaser for any cost, expense or damage which it may be out ig d to pay by reason of such infringement at any lime 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 rich suit Leal to v... and. infringement and the use of said equipment or pin is enjoined, the Seller shall, at its own expense mad at its option, either procure fair the Purchaser the right to continue using said aquimnent or pans replace the same with suboorliilly equal bur noninfringing equipment, or modify if so it hall nfies noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or banknod, make son assignment fof the benefl of creditors, appoim a receiver or trustee for any of the Sellers property of business, this order may forthwith be canceled by the Purchase, without liability. 0, GOVERNING LAW. The def... in. mf terms used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be construed under and governed by the laws ofthe Stare mrCalor,do, USA. The following Additional CoMitioto apply only in where the Seller is to perform work hereunder, including the services of Sellers Repachimative(s), on dwcases premises ofoacm. 17. SELLERS RESPONSIBILITY. The Sella shall carry on said work st Sellers own risk wlil Ne same is fully completed and arceptrd, and shall, in case of any accident, dcswction or injury to the work andtor materials before Sellers fora[ completion aM acceptance, complete the work at Sellds own expense and to the satisfaction Of the purchaser. When materials and cqufparrcnl art famished by others for installation or creation by the Seller, the Seller shall motor, unload store and handle same at the site and become respensible therefor as though such mmenals mal equipment were being fulred by the Seller under the order. It. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers exconfiefichation, including occupational disease benefits a its employees employed on or in connection with the work covered by this purchase Order, harbor to their depandents in accordance with the) fears of the sure in which Net work is as be done. The Seller shall also carry comprehensive general liability including, but rot limited to, commercial and automobile public liability insurance with bodily injury and death limits of at lest 530ROCK) for any one person, S500,0oo for any accident and harem, damli age mit per accident of S4UgU0req o. The Seller shall likewise uire his caccidentontractors, if any, Ira provide for such compensation and insurance. Before any of the Sellers or has contractors employees shall do any work upon the premoes of orders, the Seller shall famish the Purchaser with a contractor that such compensation and insurance have been provided. Such ecrtificams shall specify the data when such compensation and Venture have been provided. Such certificates shall specify the dam when such compensation and insurance expiro. The Seller agrees that such compensation and inxummo, shall be mainmined until mar Me entire wart is completed and accepted. 19. PROTECTION AGAINST ACCIDEN I'S AND DAMAGES. The Seller hereby assumes the entire rap+nsibil ity and liabil try for any and all damage, loss or injury, of any kind or nature whatsoever to persons or properly caused by or resulting fmm the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all Of ,he Paid ..a,, officers, agents rind employees (rum and against any and all claims losses, damages, charges or expenses, whether direct or indirect, and whether eta persons or property a which the Purchase, may be put or subject by reason of any act, action, neglect. emission or default on the pan of tM1e Seller, any of his contractors, or any of the Sellers or mmroclore ofticm, agents or employees. In cass, any suit or other proceedings shall be brought against the Purchusa, or its officers, agents or employees at any time oo ratumm or by reason of any act, action, neglttl, nmissiun or default of the Seller of any of his contractors or any Of its or their officers, agents or employees as abooraid, the Seller hereby agrees to ssunm the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or m maned against the Purchaser or any of,,, or their officers, agents car employees in such soils or him, pro reMtVs, and in case judgment or other lien be placed open or mosined against the property ofthe Purchaser, or said Antes in or us a result of such suits or other proceedings, the Seller will at once cause the same to be dtsmlved and discharged by giving bond or cinchona, The Seller and his contractors shall take all safety prarathons f ish and iaull all guards necessary for the prevention of ccidenes, comply with all laws and regulations with regaa to safety including, but without limitation, Net Occupational Safety and Health Act of 1970 and all rules and regulations issual pursuant thereto. Revised 0]Q014