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HomeMy WebLinkAbout103918 COLORADO PRECAST CONCRETE - PURCHASE ORDER - 9145131 (2)PO PURCHASE ORDER 9145131 Page C117/ of PURCHASE 9145131 1 of z F6r} Collins This number must appear /_^!'`�—J`, ` on all invoices, packing sli s and labels. Date: 10/20/2014 Vendor: 103918 COLORADO PRECAST CONCRETE 1820 E HIGHWAY 402 LOVELAND CO 80537 Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 10/17/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 3 Addendum to add 2 additional rings per req. 48315 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@fogov.com inical�4 2,115.38 115.38 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt fmm state and local taxes. Our Exemption Number is 1 L NON WAIVER. 98-04502. Federal Excise Tax Exemption Camillo. of Registry 84-SHOOS'/ is registered with the Collector of Failure of the Purchaer to imist upon strict performance of the terms and conditions hereof. failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Sella of Goods RejMed, GOODS REJECTED due to failure to meet specifications, either when shipped ar due to defect., of any of the warranties or obligations of this purchase order and shall not be deemrd a waiver of any right of the damage in trau,it, may be roamed to you for credit and art not to be replaced except upon receipt of women purcM1mmto insist upon wrist perfoma nde hereof or any of its rights or remedies as m any such goods, regardless interactions from the City of Tom Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported .el modification or mamission of this purchase order by the Pumhaser operate m a waiver of any of the to. Impection. GOODS are subject W the City of Pon Collins inspection on amod. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Tom Collins. However, it is to be understood that FINAL Sella and the Purchaser raognire that in actual ecommic practice, ovaehargca, resulting from command ACCEPTANCE is dependent upon completion of all applicable topical inspection procedures violation me in fact home by the Pumh ode. Tbeomific e, for good cause and as consideration for executing gas purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., Too Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating m 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 m this purchoe order. bill most accompany invoice. Additional charges for packing will not be accepted. If PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have disation,na points I. various pans of country, shipment u If the Pumhadadirects the Seller ad detective good byadam to the expected fmm the n.mr distribution point a destination, and excess freight will be deducted from Invoice when dme,Secomaaonconfamingm cbe omplyedup arch and the Seller, end Om Seller thereafter tMicm. its inbiliry or unwillingness comply, the Purchaser shipments are made form greater durance. t may cause the work to be performed by the most expeditious means available to it and the Sella shall pay all may dr s costs sasonared with such work. Permits. Seller shall procure at sellers sole cast all moodarry permits, coalition. and licenses respired by all applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision where the work is performed, or rryuired by any other duly constituted public mal o" having jurisdiction over the work of vendor. Seller further agrees In hold the City of Pon Collins harmless from and against all liability and loss incurred by them by reason of an assured or established violation of any such laws, regulations, ordinances, roles and requirements. Authorization. All pasties to this contract agree Oat the representatives are, in hurt, bona fide and possess full and complete authority m bind said paali.. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the moms and conditions ,rated herein sac forth and any supplementary or additional men and conditions annexed hereto or incorporated hadem by reference. Any additional or different farms and condhlem proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE. ADVISE. PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your Flat delivery date as haled. Time is of the essence. Delivery and performance most be effected within the time slated oa the purchase other and the chairman. attached hereto. No acts of the Purchasers including, without Location, acceptance of partial lase deliveries, shall operate as a waiver of this provision. In the evem of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Sella liable fro damag b. However, the Seller shall not he liable far damages as a mulr of delays due m causes act reamnably foreseeable which are beyond its reasonable normal and without its fault of.'ri'mom, such acts of God, acts ofcivil or military authorities, govermmabil priondes, fins, strikes, flood, epidemics, wars or nobs provided that notice of the conditions caming such delay is given m the Purchaser within five (5) days of the time when the Seller find received knowledge throw( In the event of any such delay, the dam of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, annelid, materials and work covered by this order will conform with applicable drawings, specification. mmpl. and/or other demriptiom given, will he fit for the purposes intended, and performed with the highest degree of core and competence in accordance with accepted standards for work of a similar wane. The Seller agrees to hold the purchaser barmlcss firm any loss, damage or cxpcme which the Purloiner may stuffier or incur on account of the Sellers breach of wamnty. The Seller shall mplace, repair or make good, without rosuo the purchaser, my dekcts or faults missing within oar (1) year or within such longer period of time as may be pmcribed by law or by the terms ofuny applicable wmmnty provided by the Seller after the dam of acceptance 0f the goods f mished hereunder (accepro ce not to be man awnably delayed), manikin, from Imperfect or defective work done or materials finished by the Seller. Acceptance or use of goods by 'he Purchaser shall nub rubricate a waiver of any claim under this warranty. Except as otherwise provided in this pr shave order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no evem include loss of profits or boo 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 woman change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchasermay make any changes to the tos, other than legal mts, including additioto or deletions from Ore quantitiemmns onginally ordered in the specifications or drawings, by verbal or written change older. If any such change afTects the amount due or the time of performance hereunder, an equitable adjustments shall be made. 6. TERMINATIONS. The Purchaser may al any time by wnnan change wager tr mined Nis agreement o to any or all portions of the Ranks then rat shipped, subject to my equitable adjustment between the poolds res to any work or materials then in progress provided Out be Purchaser shall not M liable for any claims for anticipaled Profits on the tuamongr ed portion of the goads magic work, for incidental or consequential damages, and that no such edjostmant be made in favor of the Sella with mepwno any goods which am the Sellers smmlard stock. No such termination shall reline the Purchaser or the Seller of any oftheh obligations m to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim far ad coumem most be asserted within thirty (30) days from the date the change or mrminumn is ordered. 8. COMPLIANCE WITH LAW. The Seller war is Oat all goods said hereunder shall have bean ptraduced, sold delivered coal famished in strict compliance with all applicable lases and regulations in, which the goods me subject The Seller shall execute and deliver such dmamen¢ m may be acquired to offout at evidence .,It.. All lax, and rigorism. returned to be ncorporated in agreements of this character sm hereby incorporated herein by this reference. The Sella agrees to indemnify and hold the Purchaser harmless fmm all casts and damages sal and! by the Purchaser as a result of the Sellers failure an amply with such law. 9. ASSIGNMENT. Neither parry shall assign, hamfan or convey this order, or any monies due or to become due hereunder without the prior woman comet of the chef parry. 10. TITLE. The Seller.. full, clear and unrestricted the W the Pumhamr for all .Iuipmcnt onsumi k, cad items furnished in perfamunce of this agreement f and clear of any and all liens, mrnniom, resmami ,awry intent encumbrances and claims.(others. The Seller shall release the Purchaser and its connectors of any tier from all liability and claims of any nature resulting from she performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees a(such party. The Seller's contractual obligations, including warranty, shall not be de ured m be reduced, in any way, because such work is performed or caued to be performed by the Pumhmcr. 14, PATENTS. Whenever the Seller is required in me any design, deuce, material or process covered by least, pore r, trademark or copyright, the Seller shall indemnify and save harmless the Pumhasa fmm any and all claims for infringement by croon of the ose of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or danmge which it may be obliged to pay by reason of such infringement at any rime during the prosecution or after the completion of the work. In cam said tyulpment or any pan theamf or the intended use of the goads, is in such suit held no constitute infringement aal the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipmmt or good, reptace the same with substantially egnl bur roninGnging occupa¢nL or modify it so it becomes aoninMngiM. 15. INSOLVENCY. If the Seller shall bear. insolvent or bankrupt, make an assigomem far the benefit of creditors, appoint a receiver or trussed for any of the Seller property or bosinese, this order may forthwith Ise canceled by the Purchaser without liability. 16. GOVERNING LAW. The defniumas of terms used or the interpretation ofthe agreement and the rights of all panics hereunder shall be canonical under and grcernrd by the laws of the Stem oFC.I.d., USA. The following Additional Condition apply only in rases where the Sella is to perform work Nomiadm, including the conic. afScll. Repmsen dw(,), on the promises armlets. ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the sane is fully completed and accepted, and shall, in e of any accident, destmnion or injury to the work mdor materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipmmt and fro ishod by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials mNor equipmmt were being furnished by the Sel,, under the order. I S. INSURANCE. The Seller ,ball, at his own expense, provide for the payment of workers compensation, including mruparionl disease benefits, on its employees employed on or in connection with the work covered by this purrham wader, waVor to their dependents in accordance wish the laws of the sate in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, wntreclual and automobile public liability insurance with Imahly injury and death limits of at least 5300,000 for any one person, SS(0,000 for any c accident and property damage limit per accident of 5400,000. The Seller shall likewise require his upropertylmctors, if any, to provide 1'or such compensation and insurance. Before any of the Sellers ar his contractors employees shall do any work upon the premises of other, the Seller shall famish the Purchaser with a certificate that such wmprmation and insurance have been provided. Such certificates shall specify the derto when such comperosation and insurance have been provided. Such certificates shall spwity the date when such compensation and announce expires . The Seller agrees that such compensation and insurance sledI be maintained until after the entire work is completed and ancepood 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes me entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purcham order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agents and employees from and against my and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or pmperty to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his ommmoist or any of the Sellers or ontractors officers, agents or employees. In dow any suit or other proceedings shall be, brought against the Purchase, or its officer, agents or employees an any time on account or by reason of my at moon, neglect, rmissirn or default of the Sella of any of his wnlmorm. or my of its err their officers, agents or employe as aforesaid the Sella hereby agrees in assume the defense therwf and to defend the same at the Sellers own expense, in pay any and all cents, charges, attamrys Re, and other expenses, any and all judgments that may be incurred by or obtained against the Pachasa or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment car other lien be place upon of obtained against the property of the Purchaser, or said panics in or m 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 contractors shall take all safety precautions, Pomrm and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, bra without limitation, the Occupational Safety and Health Act of 1970 and all roles and mitigations issued pursuant thereto. Revised 07nG14