Loading...
HomeMy WebLinkAbout103918 COLORADO PRECAST CONCRETE - PURCHASE ORDER - 9145131PURCHASE ORDER PO Number Page C117/ Of9145131 ' of z ' `tCollins( This number must appear V " on all invoices, packing sli s and labels. Date: 09/11/2014 Vendor: 103918 Ship To: ELECTRIC UTILITIES COLORADO PRECAST CONCRETE CITY OF FORT COLLINS 1820 E HIGHWAY 402 700 WOOD ST LOVELAND CO 80537 FORT COLLINS CO 80521 Delivery Date: 09/05/2014 Buyer: PAT JOHNSON Note: Line Description Quantity Ordered UOM Unit Price Extended Price 2 Ea - 10 X 10 Precast Vaults 1 LOT LS 16,448.20 per City Specifications Revised 9111/14 to include the Neenah cast iron instead of the concrete grade rings. Revised quote from CPC attached. Use cast in frame - Neenah R-5900-J .... -, ., Project Contacts: Drawing Approvals Bob Hover970-221-6725 Delivery Coordination Janet McTague 970-224-6154 ' SHIP TO: Trilby Road and Kechter- Coordinate delivery with Janet McTague 970-224-6154' 2 Delivery tojobsite 1 LOT LS 4,000.00 Line 2 has been canceled. There is no charge for delivery from Colorado Precast per Kim Fentress. 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 Total $20,448.20 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. COMMF.RCIALDETAILS. Tax exemptions. By statute the City of For Collins is exempt from stare and local taxes. Our Exemption Number is 98414502. Federal Excise Tax Exemption Cerificare of Registry M-r 587 is registmed with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1923. Comer 39-26. 114 (a). Goads Rejected. GOODS REIECTED due to failure to meet specific hions, either when slipped or due. defect of damage in trarsh. may be returned to you for credit and art not to be replaced except upon receipt of wren instructions fmm the City affect Collin. Inspection. GOODS are, sebjectto the City offor Collin inspection on consul. Fired Acceptance. Receipt of the memhvMise, services Or aryipmm in Spann, to this order can result in amborised paymen, on the pan of the City of For Collins. However, it is 10 be uvdmmod that FINAL ACCEPTANCE is dependent upon completion ofall applicable m)uiaed inpertion procedures. Freight Terms. Shipments mast be FOB.. City of For Collins, 700 Woad Sr, Fort Collins, CO 80522. unless otherwise specified oa this order. If permission is given to prepay freight and choir separately, the original freight bill must accompany misfire. Additional charges for parking will not be accepted. Shipment Distance. Where manufacturers have distributing points in various Pans of the country, shipment is expected from the nearest dud ibulion point to dkoimtion, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permit. Seller shall procure at sellers Sole cost all necessary pnmit, cenificmes and becomes ma dred by all applicable laws, regulations. ordinances and roles of the state, municipality, temmry or political subdivision where the work is performed, or maltreat by any other duly emotional public authority having jurisdiction over the work of vend., Seller further agrees hm hold the City of For Collins harmless from and against all liability and less urred by them by reason of an asserted tar established violation of any such laws, regulations, ordinances, roles and numo mores. Authorization. All potties m this contract agree that the representatives are, in fact, bona fide and possess full and amplem military to bind said panics. LIMITATION OF TERMS. This Pnmhne Order expressly limits acceptance m the terms and conditions stated herein set Ibrth and any supplementary or additional moors and conditions arramed hereto or incorporated herein by reference. Any additional or different cros and conditions proposed by Sella are objected,a and herby jeered. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make occupier, shipment m on, on your promised delivery date n noted. Time is of the increase. Delivery and performance must be effected within the time sated on the purchase order and the document attached hereto. No act of the Purchasers including without limitation, acceptance orpanial late deliveries, shall opwm as. waiver of this provision. 1. he event of any delay, One Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for drainages. However, the Seller shall not be liable for damages n a result of delays due or causes not nowenably formsemile which arc beyond its reasonable coat.) and withered, its fault Of negligence, such act of God, acts ofcivit or military authorities, guormmatnl pre riies, Gres, strikes, flood, epidemic, wars or dot provided that notice of the conditions causing such delay is given to the Purchaser within Ova (5) days of the time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery, shall be extended for rate period equal to the time actually her by reason ofthe delay. 3. WARRANTY. The Seller xarfaae, Rest all goods, ankles, materials and work covered by this order will conform with applicable drawings, specifications, samples amVor .her description given, will be fit for the purposes imatded, and performed with Lie highest degree of cam and competence, in acmrdame with accepted standards for work of a i ailar sure. The Seller ogees no hold the purebaaer, hvmlue, from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach ofwarmnry. The Seller Sall replace, repair or make good, without cost to the purchaser, my defects or fault arising within one (1) year or within such longer penal of ,into of may be prescribed by law or by the If. of my applicable warranty provided by the Seller after the date of eceptaace of the goods famished hereunder (acceptance Out 1. be unreasonably delayed, resulting from impartial or defective work done or materials fumichcd by the Seller. Acceptance or rise of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as othemise provided in this purchase order, the Sellers liability hereunder mall extend to all damages proximately caused by rate breach of any of the foregoing watrndles or guarantees, but such liability shall in no event include loss of profit or loss of car. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal moors by written change order. 5. CHANGES IN COMMERCIAL TERMS. i The Purchaser miry make any chnngec or the mans, other than legal terms, including additions to or deletions from the q.a im originally ordered in the s,m,ffl Loris or drawings, by verbal or wren change order. If any such change affect the amount due or flr one, ol'perlinmance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped subject in any equitable adjustment between the parties as to any work or mmerls then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods ardent work, for incidental or consequential damages, and tat no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stook. No such mamirchur shall mlimer the Purchaser or Pic Seller of any of lair obligation as to any goods delivered bereunder. T CLAIMS FOR ADJUSTMENT. Any claim for edjn,ment most be assured within thin (30) days from rate date the change in termination is ordered. S. COMPLIANCE WITH LAW. The Sella warfare, that till goods sold hereunder Sall see been pmdtaed, sold, delivered and famished in -in compliance with all applicable laws and regulation to which Life goods are subject- The Seller shall execute and deliver such documents ss maybe moulted to effect or evidence compliance. All laws and regulation required to be incorporated in agreement of this ,hamster are herby irmorymfated berm by this reference. The Seller agrees m imakermify arul held the Purchase hatmless from all costs and damages suffered by Ne Purchaser as a result of the Sellers failure to comply with such Law. 9. ASSIGNMENT. Neither putty shall assign, carrier, or convey this order, many ma dim due or to become due hereunder without the prior wrinm canard of line other party. 10. TITLE. The Sella warrants full. clear and uncesNeted title ON the Purchaser for all eluipmatL materials, oral items Familial dial in performance of this agreement, J and clear of any coal all Item, natricrn, mservidiom, mainly mterm, mourrea mes and claims ofoahen, 11. NON WAIVER. Failure of the Purchaser to insist upon stud f ante proof the terms and conditions hereof, failure or delay to any rights or remedies ow ided herein or by law, failure to promptly notify the Seller in the nail of a breach, m fie acceptance ofor payment for good herma der or approval off, design strap no,.leaae the Seller of any of the warranties or obligation of this purchase order and shall not be deemed a waiver of any right of the pmrhaser to insist upon strict performance ha mfor any of it right or remedies as m any such goods, regardless of what shipped, received or accepted, as to any prim or subsryumt default hereunder, nor shall any puryoned and much finnan or reaciseion of this purchase order by the Purthner operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller anal the Purchaser maritime that in actual formannic powder, Overcharges manning from antitrust violations art in fact home by the Dearborn. Thererofore, for good muse and as conarderetion for executing this purchase order, the Seller hereby assign to the Purchaser any and all claims it may now have or hereafter acquired under Roland Or state anduccut laws for such overcharges relating to the particular goods or services purchased or acquircl by the Purulence personal to this punhsse media. 13.PURCHASERS PERFORMANCE OFSELLERS OBLIGATIONS - Ifthe Purchaser direct the Seller to version nonconforming or def live goods by a dam to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work 1. be performed by the meet expedinous mean available to it, and the Seller shall pay all cost associmed with such work. The Seller shall release the Purchaser and it contractors of any her from all liability and claims of any torture resulting from the performance ofsuch work. This release shall apply even in the event Of fuel, of negligence of the party relined and shall extend to ,he directors, ,We,. end empfy,c, ofsuch Parry. The Sellers cumrucwal oil lgntlons, ire lulling w,arsanty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Wheerva the Seller is reenact] to use any design, device, material or proress covered by ]error, parent, trademark or copyright, ,he Seller shrill orator fy and save handless the Purchaser from any and all claims for infringement by reason of the use of such Patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged in pay by reason ofsuch inGngeme t at any time during the prosecution or after the completion of the work. In case said equipment, or any part thereof or the intruded use of the goods, is in such suit held to constitute infrngemenr and the use of said anipmcnl or par is enjoined, the Seller shall, at its own expense and at it option, either presence for fire Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but ma nfdnging equip rat, err modify it so it becomes noninfringing. I S. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of aNimrs, appoint is or trnfee for any of the Sellers pmpery or bur.. this order may fonhwdth be canceled by the Ruchaser withm, liability. 16. GOVERNING LAW. The definition of corms hard or the interpretation ofthe agreement and the right ofall parties hereunder mall be conwed under and governed by the laws of the Store of Colorado, USA. The following Additional Condition apply only in cases where the Seller is to pert work hmurdm including the services of Sellers RepresentativHs), tun the penises of others. It. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Sellers own risk until the same is fully completed and accepted, and shall, in use of any accident, destruction or injury to the work andsm materials before Sellers final completion and acceptance, complete the work an Sellers own expense aM to fire satisfaction of the Purchaser. Wan materials and equipment are fomishrd by others for retaliation or motion by me Seller, the Sella shall receive, unload, store and handle same at the situ and become reaonable therefor as through such materials and/or equipment were being famished by the Seller under the onkr. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or in their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited,., contractual and xummobile public liability insurance with bodily injury and death limit of at Ices S300 n0o for any one person, $500,000 for cry one incident and property damage for, per accident of S400,". e Seller shall likewise rehis . rThquire routines, if my, m provide for such compensation and insurance. Before any of the Sellers or his contractors anployces shall du any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such comparsalion and insurance base been provided. Such certificates shall specify the date when such Umpensatim and Insurance base ban provided. Such certificates shall specify Ne date when such c rriman ition and inum e, expires. The Seller agrees that such compew,ion and insurance shall be mainmmed until One, 'he entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the atlim responsibility and liability for any and all damage loss or injury crony kind or vino whatice cr to persons or property caused by or resulting fmm the execution of the weft provided for in this purchase order or in connecion be.with. The Seller will indemnify and hold harmless the Purchaser and any m all of the Purchuers oMet., agent and employees fmm and again, any and all claims, loam, damages, charges or expenses, whether direct or indirect, and whether to person or property or which the Purchaser may be put or subject by mamas of any at,, anion, neglect, omission or defau, ma the pan of the Seller, any of his contraems, or any of the Sellers or conlmdors other., agents or employees. In eau any sal, or mme, peace rings shall be brought against the Purchaser, or its.tlicers, agent or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as afinumid the Sella thereby agrees m assume the defense thereof rind m defend the same at the Scilm own expereu, to pay any and Of costs, charges, attorneys fees and other expenses, any mad all judgments that may be incurred by or obtained ismust the Pumbaur or any of its or their olGem, agent or employers in such suits or mlem proceedings, and in cast judgmm, o, other lien be placed upon or mstathed against the property of the Purchaser, Or said parties in Or n a result ofsuch suits or other proceedings, far Sella will at once cause the sane to be dissolved and duchumed by giving bond or otherwise. The Seller and his contractors shall take all safety precaution, famish aM install all guard accessary for the precaution of accidents, comply wit all laws and regulation with regard to salary includwg, but without limitmion, tbe Occupational Safety and Health Act of L970 and all rules and regulation issued personal chance. Revised 0Nd014