HomeMy WebLinkAbout103918 COLORADO PRECAST CONCRETE - PURCHASE ORDER - 9147315PO
PURCHASE ORDER 9147315 Page
C117/ of PURCHASE
47315 1 of 2
Flirt Collins( hisnumbermustappear
/�„!I\�J`I ` V ` �7 on all invoices, packing
sli s and labels.
Date: 12/10/2014
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: 12/10/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 7 Ea - Precast Elec Vaults 1 LOT LS 109,397.82
8x16'
Precast Electric Vaults including:
* 8' X 16' ID X 3'6" H ID Top Section with 8" thick lid and 6" thick walls and two (2) manhole cover access
openings
* 8' X 16' ID X 36" H ID Base Section with 8" thick lid and 6" thick walls attached to Floor
* 4 - 6" high grade rings with 41" ID, 58" OD
* 2 - 6" high grade ring with Neenah R-1792-JL Cast in, 41" ID, 58" OD
Two (2) Vaults are needed by mid -January 2015, four (4) vaults will be needed shortly thereafter (schedule to be
confirmed) and the schedule for the seventh vault has not been determined
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 $109,397.82
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
frumhase Order Teams and Conditions
Page 2 of 2
1. COMMERCIALDETAILS.
Tax exemptions. By sumte the City of Fad Collins is exempt to. state and local boxes. Or Exemption Number is
98-04502. Federal Excise Tax Exemption Cenificam of Registry 84-6000587 is registered with the Collector of
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, Cailum or delay to
Internal Revenue, Denver, Colorado (Ref Colorado Revised Stsmtrs 1973, Chapter 39-26, 1 is (a).
exercise any rights or mmaits provided herein or by law, failure to promptly notify the Seller in the event of a
branch, the mceptame of., payment for goods hereunder or approval of the design, shall not rel.0 the Seller of
Good Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or dae to defects of
my of the wamaaties or obligations of this purchase order and shall not be deemed a waiver of my right of the
damage in transit, may Is, returned to you for credit and are not to be replaced except upon aerator of written
Purchaser to insist upon strict performance hereofor any of its rights of remedies as as my such goods, regardless
instructions grant the City of Fad Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puryomed
am[ modification or rescission of this purchase order by be Purchaser claim is a waiver of my of the terms
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival.
baring.
Final Acceptance. Rmeipt of the merchandise, services or luipment in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
submitted payment oa the pan of the City of Fort Collins. However, it is to be understood that FINAL
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion of all applicable regained inspection procedures.
violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing 9ds
patchuse order, the Seller hereby assigus to the Purchaser my and all claims it may now have or hereafter
Freight Tenses. Shipments mug he F.O.B., City of Fain Collins, Too Wood St., Fort Collins, CO 80522. unless
acquired naer faeml or state mrigust laws for such overcharges relating 1. the pmimlar goods or service,
otherwise specified on this order. If permission is given to prepay freight end charge separately, the original freight
purchased or acquired by the Producer pursuant In this purchase order,
bdl mina aceamnanv invoice. Additional cherries for oackinu will not be accepted.
Shipment Distance. Where manufacnuers have distributing paters in combine, parts of the country, shipment is
expected from the against distribution point to destruction, and excess freight will be, deducted from Invoice what
shipments am made from gmma distance.
Permits. Seller shall pmcore at sellers sale cost all necessary Famits, certificates and liewases required by all
applicable laws, regulations, oNimnces and boles ofthe sore, mumer,liry, mrrimry or political subdivision when
the wort is performed, or required by any Other duly coratimted public authority, having jurisdiction over be work
of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and lass
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules
and requirements.
Amhoriutinn. All proles to this came., ogee that the mpre,mativas are, in faze, boas Ede and possess full and
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the arms and conditions stated
herein set forth and any supplementary or additional terms arm conditions moused heater, or incorporated herein by
refencaca. Any additional or different terms and conditions program by miler are objectm to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyau cannot make complete shipment m arrive On year
promised delivery dam as noted. Time is of the wisest. Delivery and performance must be actual within the time
state oa the purchase order and the documents muched harem. No aces of the Purchasers including, without
limitation, aOre. criminal late deliscries, shall Operant. a waiver of thin provision. In the a'I' of my delay,
the Purchaser shall have, in adilima to other legal and eguitable rtmmies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall at be liable for damages as a result of delays
due to causes not reasonably foreseeable which ore beyond its reasonable control as without its fault of negligence,
such rats of Gm, cols of civil m military euthoneics, govemmmml priorities, fires, serikea hood, epidemic, warning
rims pr idm Not entire affirm conditions causing such delay is given to the Purchaser within five (5) days of Jan
time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall be
extended for the period egnal te, the time actually lost by season of the delay.
3. WARRANTY.
The Seller ormin rs but all goods, articles, m tenats and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the proposes intended, and
performed with the highest degree of care and competence in accordance with rompta demands for work of a
trailer were. The Seller agates to hold the purchaser harmless from any lass, damage m a.,.m which the
Purchaser rmy suff or incur on account of the Sellers breach afwanemy. The Seller shall replace, repair or rake
good, without cost to the purchaser, any defects or faults mining within one (1) year or within such longer'aria of
time as may be prescrlhm by law or by the mtma of my applicable warranty provided by the Sella after the date of
arecTance of the good famished hereunder (acceptance not to be ummsonably delayed), resulting from imperfect
or defective work done or materials fmished by the Seller. Acceptance or use of goals by tha Purchaser shall not
com hate a waive, army claim tamer this weamm y. Except as othemdse Provided in this purchase order, the Sell.
liability bec ander shall extend to all damages proximately..it by the breach of my of the foregoing amount.
or Summers, but such liability shall in no 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 TERMS.
The Purchaser may make changes to legal toms by women change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchases may make my changes 0 the masts, other tun legal masr, including additions to or delans fi orm
the -.it.. arguing, mdead in be specifications, nr dancing,by vertical m wrin. flange Eder. If any such
change affects the amount due or the time ofperformance grounder, an equitable ajuncreal shall be made.
&TERMINATIONS.
DO, Purchaser may at any time by written change order, manninata this agreement as to my or all ponions of the
goad then am shipped, subject to my eguiuble adjustment between the ponies as red any work m nedenals then in
progress provided but the Purchaser stall not he liable for any claims for anticipated profits on the uncompleted
potion of the goads and/or work, for incidental or consequential damages, and Out no such adjustment be made in
favor of the Seller with respect to any good which are the Sellers standard snick. NO such termination shall relieve
der Purchasa cr the Seller nfe, of their obligations as to my 6ocands; delivered hcrtundec
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is
ordesed.
8. COMPLIANCE WITH LAW.
The Seiler warrants that all good sold hereunder shall have been produced, said, delivered and fumieha in gives
compliance with all applicable laws and regulations to which the goad are subject The Seller shall execute and
deliver such documents as may be contained to effect or evidence compliance. All laws and regulations acquired to be
incorporated in agreements of this character art hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser hart. from all ems am domaga guttered by the Purchaser as a reach of drc
Sell. failure to comply with such law.
9. ASSIGNMENT.
Neither party, shall assign, trdmlal err convey this order, many mania due or Is become due hereunder without the
prior wntern.asII of the m her parry.
10. TITLE.
The Seller warrants full clear and umestddm title be the Purchaser far all equipment anderials, and in. fiuniehm
in pfifntmana of this agreement fire and cl.r of my and all Item, restrictions, reservarimns, aecuriry i-'—
encumbrances and claims ofofets.
13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthc Purchaser directs the Seller to correct nonconforming or defective goad by a date to be agreed upon by the
Purchaser and the Seller, arm the Seller thereafter indicates its imabiliry ar unwillingress to comply, the Purchaser
may came the work to be performed by the most expeditions means available to it, and the Seller shall pay all
costs associated with such work.
The Seller shall relwu the Purchaser arm its commitment of my tier firm all liability and claims of any nature
resulting cam the efifnrmmtt ofsuch work.
This release shall apply even in he event or fault ar negligence Of the pant released as shall extend to the
directors, fice. as employees orx.rb party.
The Sellars cratmctnal obligations, including warrant , shall not be damn la W warned, te may slay, because
such work is perfomta or caused to be perfmma by the Pandeor.
14. PATENTS.
Whenever the Seller is "i ira to use my design, device, mseami or process covered by letter, patent trademark
r copyright, the Seller shoo indemnify and save hairless the Prcberser from my and all claims for infringement
by neamn of the use of such patented design, device, material or process in transaction with the contract, and
shall indemnify the Purchaser for my cost, expense or damage which it may be obliged to pay by reamn of such
infringement at any time during the prosecution or after the completion of the work. In case said equipment, or
my pan thermf or the intended use of the goad. is in such soil held to consdmte infringement and the use of
said anticipator in pan is remained, the Seller shall, at its own expense and at its option, eifer pm.m for the
Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but
noninfringing equipment, or modify it so it becomes nonindinging.
15. INSOLVENCY.
If the Seller shall become involve., m bankrupt, make m assigmnm, for the benefit of creditors, appoint is
receiver r trustee for any of the Sellers property of business, this order may forthwith be canceled by the
Purchase, o ifout liability.
16. GOVERNING LAW.
The, definitions of terms used err be interpretation of the agneemem and be rights ofail parries hereunder shill be
construed aide, and governed by the laws of the State afCalomdo, USA.
The following Additional Conditions apply only in taus where the Seller is to petform work herehmda,
including beservices of Sellers Represeomrive(s), oa the premises ofal ..
10. SELLERS RESPONSIBILITY.
The Seller shall any, on said work at Sellers own risk until the same is fully completed as accepted, and shall,
in case of my accident, destruction or injury to the work andbr materiab before Stiles final completion arm
acceptance, complete the weak at Sellers own expense ea to der satisfaction of the Rrthasa. When marerals
and eguipment am f ishm by others for installation m erection by the Seller, the Sella shall receive, unload,
snare and handle mine at the site and become responsible therefor as though such materials and/ar equipment
were being famished by the Seller under the order.
19. INSURANCE.
The Seller shall, a, his own expense, provide for the yymmt of vandoce, compensation, including occupational
disease marfils, to its employees employed on ar in connection with the work covered by this purchase order,
and/or to their dependents in accordance with the laws of the smm in which the work is to be done. The Seller
shall also carry compmhemive gamal liability including, but bon limited In, contactual and automobile Public
liability insurance with bodily injury artl death limits of M least 5300,030 fro any one person, 5500,900 fro my
one accident am properry damage limit per accident of S400,0p0. The Seller shall likewise require his
comments, if any, m provide for such compensation and inmmntt. Before any of the Seller a, his contractors
employees shall do my work upon the premises of others, the Seller shall famish the Purchaser with a certificate
that such compensation as insurance have been provided. Such cedificaha shall specify the date when such
compemation and hmmance have bred provided Such cadifi.nes shall specify the daze whir such compasation
and insurance expire. The Seller agrees what such compatsmion ram insurance shall M maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby manage the metre raponsibiliry as liability for my ram all damage, loss or injury, army kind
Or nature whatsoever to Persons or property, caused by or resulting from the ancand m 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 the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges or caucuses, whether direct a contact, and whether to persons or property to which the Purchaser may
Is, put or subject by reason of any rat action. mightier, omissiun or default m the tat of the Sella, my of his
commissions, or my of be Sellers or examinations officers, agents or employees. In case my suit or other
proceedings shall be brought against the Purchzseq or its nRe., agents or employees at my time on occoum or
by arson of my rat, ration, neglect omission m default of the Seller of any of his contractors or any of its or
their officers, agents m employees as aforesaid the Seller h.by agrees to assume the defense thereof and to
defend the same at the Sellers own expense, to pay my and all cols, changes, ammmys fees and other expenses,
my and all judgments that may be incurred by a abandoned against the Purchaser or my of its Or their oRc.,
agents or employees in such suits or other proceedings, and in case judgment or other lim be placed upon or
obtained against the poi of the Purchaser, or said parries in m as a msuit of such suits or other proceedings,
the Sella will at oma.use the same to be disinclined and discharge by giving hand or otherwise. The Seller am
his contractors shall take At safety prcautiom, fmish and install all guards na., far the prevmuon of
accident, comply with all laws and regulations with regard to safay including, but without limitation, the
Occupational Safety and Health Act of 197D and all poles and regulations issued pursuant thereto.
Revised 072o 14