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HomeMy WebLinkAbout122099 ARMORCAST PRODUCTS CO - PURCHASE ORDER - 9145161PO PURCHASE ORDER 9145161 Page C117/ of PURCHASE 45161 1 of 3 F/' rt Collins( his number must appear !I\V`I ` V �7 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 Buver: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 6550-7148 4 EA 3,575.0000 48" x 96" torsion assist cover 65507148 1111C1w VAULT COVER, POLYMER CONCRETE, 48"X96", 2 PIECE TORSION ASSIST FRAME AND COVER FOR POLYMER CONCRETE VAULT, MINIMUM 10K RATING, IMPRINT "ELECTRIC' (THIS IS A COVER ONLY -NO VAULT) . ARMORCAST, A7001449X2A; Note to Shipper: 24 - 48 hour Notification to: Dan Hofeling - 970-221-6389 OR Pay terms net 30 days 14,300.00 Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 City of FF6rt Collins PURCHASE ORDER PO Number Page 9145161 20f3 This number must appear on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 2 6550-7123 6 EA 2,275.6100 13,653.66 4'x8'x4' poymer concrete vault 65507123 YARD VAULT, POLYMER CONCRETE, 4'X8'X4', OPEN BASE ARMORCAST, A6001449PCX48; Note to Shipper: 24 - 48 hour Notification to: Dan Hofeling - 970-221-6389 m 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 n.'9xil 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. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt Bom mam and local loxes. Our Exemption Number is 11. NON WAIVER. 98-0,1502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser an insist upon strict perfomance i f the mans, and conditions hacof, failure or delay to t Internal Revenue, Denver, Colorado (Ref. Colorado Revised Success 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly ratify the Seller in the event of a c rt c bh the ocepmnm of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to ram specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase enter and shall not be deemed a waiver of any right of the damage in transit may be mtumM to you for credit and am not to be replaced except upon receipt of wrinrn purchaser to insist upon surer performance hereofor any of its rights or remedies as to any such goods, regardless inswtions from the City of Fart Collins. of when shipped, received of accepted, as to any prior or subsequent default hereunder, nor shall any Imported oral modification or rescission of this purchase order by the Pamhastt cosmic as a waiver of any of the terms Inspection. GOODS are mbjxuo the City of Fort Collins inspection on coeval. hereof. Final Acceptance. Receipt of the merchandise, sm'ica or tyuipment in response an this We, con mint in 12. ASSIGNMENT OF ANTITRUST CLAIMS. informal payment an the part of the City of Fart Collire. However, it is to be understood that FINAL Seller and the Purchaser recognBe that in actual ec is practice, overcharge eadi ng from antitrust ACCEPTANCE is depeMent upon completion of bru all applicable rired inspection procedures. violation art in fact home by the Purchaser. Thererufsm, for good cause amf as consideration for executing this purchase oNer, the Seller hereby assigas to the Purchaser any and all claims it may now have or hereafter Freight Tram. Shipments musl t e F.O.B.. City of Fort Collins, 700 Wood lin, Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such ovemhmges relining to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant as this purchase order. bill most scabrously invoire. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance, Whom manufacturers have distributing points in straws pans of the country, shipment is dfthe Purchsserdirects the Sellerte correct noncwnforeningor detective goods byadom to beagreed upon by the expected from the nearest distribution point to dedinalion, and excess freight will be deducted farm Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipments are made from greater distance. may cause the work In be performed by the most expeditious means available to it, and the Seller shall pay all costs nswcisted with such work. Permits. Seller shall procure of sellers side cost all nee ssery permits, cenfficaes and licenses required by all applicable laws, regulations, mdinances and rates of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly a nstiound public authority having jurisdiction over the work of vendor. Seller further agrees to bold the City of Port Collins harmless from and against all liability and loss andand by them by reason of an restrict or eshblishm violation of any such laws, regulations, ordinances, miles requirements. Aullexhation. All panics to This contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. 9'his Purchase Order cNimasly limits acceptance to the terms and conditions slated herein set Inch and any supplementary or additional terms and conditions annexed hereto or incorPor ed herein by reference. Any additional or dfferenl lame and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE. ADVISE PURCHASING AGENT immediately ifyou cannot make .,]an shipment to am e, on your promised delivery dam as award. Time is of the essence. Delivery, and performance ants, he aReeed within the lime shred on the purchase order and the documents attached hires. No acts of she Purchasers including. without limitation, acceptance ofpanial late deliveries, shall arcane as a waiver of this provision. In she ever, of any delay, the Purchaser shall have, in addition to other legal and ptimble remedies, the option of placing Nis order elo whom and holding she Seller liable for damages. However, she Sella shall rim be liable far damages as a result of delays due m muses but reasarhbly foreseeable which me beyond its reasonable cancel and without its fault of negligence, such acts official, xis ofcieil or milisry authorities, prvemmcral proof", Gres, strikes, Brad, epidemics, wars or riots provided shot entire of the mndiliom causing such delay is given no the Pmchaser within five (5) days of the time when the Seller first received knowledge thereof In the event of any such delay, she date of delivery shall be extended for she period brunt s the lime csully two by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, marriak and work covered by this order will conform with applicable drawings, specifications, complex, maker other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and compesenca in accordance with accepted inhalants for work of a mils nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Parchsser may fuller or incur an account ofthe Seller breach of wasamy. The Sella shall replace, repair or nsoke good, without cost to the purchaser, any defects or faults arising within one (I) year or within such larger period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller altar the date of acceptance ofilm ,,it, famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim mWcr this wutmnty. Except as osherwim.... filed In ]it, purchase order, the Sellers fatal fry herniate, shall extent to all damages proximately caused by the breach of any of the forgoing warranties or guarantee,, but seh liability shall in an event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL IHRMS. The Purchaser may make changes to legal terms by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the hams, other than legal terms, including additfom to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or women change order. If any such change aft'ects the amount due or the time ofpedormance hereunder, an crumble adjon ment shall he made. 6. TERMINATIONS. The Pu¢hascr may at any time by written change oNer, terminate this uncommon as h any or all poniom of the goods then not shipped, subject to any indicate adjussmmf between the panics as to any work or materials then in progress provided that the Purchaser shall rat m liable for any claims for anticipated pmfh on the uncompined portion of the goods anNor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with ressi to any grodbi which are she Sellers standard stock. No such hmtiwtion shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. I. CLAIMS FOR ADJUSTMENT. Any claim for adymmmt most be acsened within thirty (30) days fmm she date the change or accumulation is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and published in rna compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnity and hold the Purchaser harmless man all were and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pan, shall aasign, transfer, or outcry this order, or any monies due or to become due hereunder without the prior wriuto consent of other party. 10. TITLE. The Seller warrants full, clear and unrescimed aill, m the Purchaser for all equipmmL materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security former encumbrances and claims traders. Ile Seller shall release the Purchaser and its contractors of any list from all liability and dims of any future resulting (rain the performance of such work. 'f Lis release sl all apply even in the event of fault of negligence of the party released and shall oxford to the directors, eflloers and employees of rich parry. The Seller's contractual obligations, including warranty, shall not be deemed to b, reduced, in any way, because such work is pert need or roused to beperformed by the Purchaser. 14. PATENTS. Whe eve, the Seller is rbrairedc use any design, device, material orprocess covered by later, plural, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims far infringement by reason of the use of such patented design, device, material or process in connection with the corms, end shall indemnify the Prom er fur any cost, expene or damage which it may be ibliSel to pay by reason of such infringemenl an any tittle during the prosecution or after the completion of the work. In case said equipment, or any pan therm( or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipmal or pan u enjoined, the Seller shall, at its own expense and at its option, either practice for the Purchaser the right to continue using said equipment or pats, replace the mine with substantially broad bur maninGnging brufpment. or nmdify it so it becomes noninfdnging. 15.INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assigner far the bane( of cradi ms. aCp aim a receiver or tusme for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. Ile definitions of forms osW or the inlerpretaion ofthe agreement and the rights of all parties hereunder shall be constmed under and governed by the laws of the State of Colorado. USA. The following Additional Conditions apply only in taus where the Seller is to perform work breunda, including the services of Sellers Represenhtive(s), on the premises brothers. IT SELLERS RESPONSIBILITY. The Seller shall runty, oa said work or Seller, 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 mandals before Sellers Goal completion and ccertunce. complete the work at Sellers own expense and to the satisfaction of the Purchaser When materials and equipment arc fmished by others for installation or erection by the Seller, the Seller shall receive, unload, stare and handle same at the site and become responsible therefor as though such materials color equipment were being bolster 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 bexG¢, to its employees employed on or in connection with the work coverer) by this purchase order, andor to their dependents in accordance with the laws of the sells in which the work is to am done. The Sella shall also carry comprehensive general liability including, but but limited to, contmmui and cutomobile public liability insurance with bodily injury and death limits of at last 5300,000 for any one Person, $500,000 for any are accident and property damage limit per accidem of Sio0b,", The Seller shall likewise require his ambitious, if any, to provide for such compensation and annual Before any of the Sellers m his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a a ificam that such transportation win insurance have been provided. Such renffield. shall specify the date what such compensation and insurance hue been provided. Such mnifimta shall specify the date when such compereastion and announce expires. The Seller mr— that such communisation and iru munce shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume the entire respomibiliry and liability for any and all damage, In. or injury of., kind or mature whmsocver to formars or property caused by or mulling from life execution ofthe work provided for in this purchase order or in coumecrion herewith The Seller will indemnify and hold harmless the Purchaser and any r 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 Purchaser may he put or subject by reason of any net, action, neglect, omission or default on the pan of the Sella, any of his contractors, or any of the Sellers or contractors officers, agents or employs. In cox any suit or other Proceedings shall be brought against the Purchaser, or is officers, agents or employees at any time on account or by rmmn of any act, action, neglect, omission or default of the Seller of any of his contactors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to .same the defense thereof and to defend the same at the Sellers awn expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their alrcm, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained aparst the properly wfthe Purchaser, or said parties in or as a result of such suits 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 cancamon shall take all safety precautions, furnish 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 and all toles and regulations issued pursuant thereto. Revised 07I2014