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HomeMy WebLinkAbout445917 GENERAL SHALE BRICK INC - PURCHASE ORDER - 3215021Fort Collins Date: 01/02/2015 Vendor: 445917 GENERAL SHALE BRICK INC PO BOX 5825 CAROL STREAM IL 60197-5825 Delivery Date: 01/02/2015 Note: PURCHASE ORDER PO Number Page 3215021 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS CO 80524 Line Description Quantity UOM Unit Price Extended Ordered Price Signal Construction Supplies 1 LOT LS 5,000.00 Annual 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 VOMMITZSJUrrMUx�r IMMMmrrx� Page 2 of 2 1. COMMERCIALDETAILS. Tax exemptions. By statute the City of Four Collins u exempt from state and local taxes. Om Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000589 is regisre d with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). Gaud Rejected. GOODS REJECTED due to failure to mat specifications, either whem shipped or due to defects of damage in moult, may be retorted to you for credit sod are rot to be replaced except upon receipt of wrirm terminate. from the City of Fod Collin. Inspection. GOODS sec subject to the City affirm Collins imprimatur m arrival. Final Acceptance. Receipt Of the merchandise, services or equipment in respone an this colt can result in tuthmized payment oa the part of the City of Fort Collins. However, it is to be understood Out FINAL ACCEPTANCE is dependent upon completion of all applicable raptured impaction procedures. Freight From. Shipments must be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless otherwise specified on this order. bfpermiesion 6 given to prepay freight and charge uparetely, de original freight bill most mcommnv invoire. Additional chances for parking will rut he accepted. Shipment Distance. Where manufromrers have imaribuling goons in vudous parts of the country, shipment is expected fmm the nearest distribution paint to dentition, and excess freight will be deducted from Invoice when shipments are made fmm greater distance. Permits. Seller shot] procure at sellers sole cost all necessary permits, cenificates and licenses required by all applicable laws, regulations, ondinmces and rules of the stare, municipality, leco mry or politial subdivision when Me work is performed, or required by my other duly connoted public authority laving jurisdiction over the work of vadw. Seller further agrees to hold the City of Fort Collins harmless farm and again all liability and loss incurred by than by reason of an named or established violation of my such laws, regulations, ordinances, roles and retryirements. Authorization. All parties to this contract agree that the representatives are, in Trot, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptmce m the temp vtd condition armed herein sr' fenh and any supplementary or additional terms and conditions mensal harem or incorporated herein by reference. Any additional or different temu and codimon proposed by either me affected m and hereby paced. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you anent make complete shipment to arrive on your promised delivery date in noted. Time is of the essence. Delivery and performance most be Official within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late tlelivenes, shall Operate as a waive; of this provision. In the event ofany delay, the Pmchmer shall have, in addition to other legal and aptitude remedies, the option of placing this order elsewhere and holding the Seller liable far damages. However, the Seller shall not be liable fir damages ns a restill of delays due to causes not mamrebly frresaable which are beyond its reasonable control and without its fair of negligence, such was OfGnd, ors rfeivil Or military authorities, governmental priorities, fires strikes, Rood, epidemic, wars or non provided than notice of the condition causing such delay is given o the Purchaser within five (5) days of the time whom the Seller Gat received knowledge thereof. In the event of any such delay, the date of delivery shall be extended fro the arm apml to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warms that all goods, articles, materials and work covered by this Order will conform with applicable drawings, specification, wampum srdm other descriptions given, will be fit for the improper; intended, and perromred with the highest degree of care ad competence in uccordmca with accepted sWduds for work of it similar more. The Seller agrees an hold the purchaser, harmless from any loss, damage or expense which the Purthaser may suffr or incur m mcoant of the Sellers breach of amebae, The Sella shall replace, repair or make good, without cast to the purchaser, my defects or faults arising within am (1) year or within such longer period of time n may be prescribed by law or by the terms Of my applicable worrmty provided by the Sallee net the data of acceptance of the good fumishal hereunder (accrytmce not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials fiunishal by the Seller. Acceptance or use of grad by the Purchaser shall not caotimte a waiver of my claim under this war ity. Except as wherwia provided in this purchase order, the Sellers Or g.Rms, but such liability shall in no event tndtde loss Of profits Or loss at use. NO IMPLIED WARRAN ty OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser ray make changes to legal teen by wrim r change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may mike any changes m the laws. other than legal arms, including additions to or deletions from the quantities originally orsh ed in me sped 0ci tiom or drawings, by verbal or women change order . If any such change aRecs the amount due or the time ofperfomm u e EmbMer, an equitable djotment shall he made. 6. TERMB4ATIONS. The Purchaser may at any lime by writes change older, terminate Nis agreement as m any or all positions of the goads then not shipped, subject an my equitable adjustment between the panic xt o my work or monsials then in progress provided shot the Purchaser shall not be liable for any claims for sanctioned ed profs oa th, uncompleted portion of the grads md/or work, for incidental or comer matial damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are toe Sellers standard stock. No such termination shall relieve Me Purchaser or the Seller ofany oftheir obligations a an my goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any clam for dju meet ran to acaned within Mid, (30) dap from the date the change or termination u caused, 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall bass, been produced, sold, delivered and fumubed in strict compliance with all applicable laws and regulations to which the good are orbital. The Sella shall execute and deliver such documents in may be raptured to effect or evidence compliance. All laws and regulation mryired to be incorporated in agreemenn of this character me hereby incorporated herein by this reference. The Seller agrees m indemnify and hold the Purchaser harmless fmm dl lasts and damage suRcred by the Purchaser a e card, of Me Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall resign, lumber, or convey this under, or my monies due or at become due hereuder without the prior wren consent of the other party. 10, TITLE. The Seller warrants full, clear and umestricted title to the Purchnt for all equipment roam ids, end hems famished in performance of this sparrow, bee and clear of my and all lion, restrictions, reseryariens, security bona ommnbraeca and claims of mhery I1. NONWAIVER. Failure of the Dumbest to insist upon st ict performance of the terms and canditions hereO[ failure or delay to exercise any rights or remedies provided herein or by low, failure to promptly notify the Sella in the event of a beach, the mcryumr ofor payment for goods hereunder w approval adds, design, shall not release the Sellef of my of the warranties or miigatiom of this purchase order and shall not be deemed a waiver of my right of the purehsser to boost upon stria ptfarmana bereofor my of its rights or remedies as to my mch goad, regardless of when shipped, received Or meat a an any prior or subsequent default hmwad , nor shall my puTorted oral machination at rescission of this purchase Order by the Purchaser operate o a waiver of my of the trnns haeaf. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Soper and the Purchaser recognise that in actual economic practice, o tcherges resulting from antitrust violations ere in fact home by the Purchaser. Theretofore for good cause and as consideration for executing this purchase order, doe Sent hereby assign to the Purchaser my and all claims it may now have or hereafter acquired maker faleml or same mtimtst laws for such wtcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purtbase order. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs tho Seller Ir co sal nonconforming or defective good by a date to he agreed upon by thc Purchaser and the Seller, and the Seller theraner indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expedition mean available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the purchaser and in contractors of my tier from all liability and claims ofany more resulting firm the performance of such wok. This ml. shall apply even in the ,at of fault Of negligence of Ote parry released and shall extend to the directors, officers and employers rfsuch party. The Seller's conimcmal obligation, including warranty, shall not be domed to b, reduced, in any way, became such work is performed or caused Ir be perfamaed by the Purchoer. 14. PATENTS. Whenever the Seller is captured to use my design, device, oaten d Or process covered by lever, patent, uudrnurk or copyright use Seller had indemnify and save lumbless the Purchaser form my and ell claims for infringement by ream. of the use Of such patated design, device, material or process in mrmecdo , with the contras, and shall indemnify the Purchaser for any cost, expense or damage which it may be, obliged to pay by reason of such infringement at my time during the prosecutim or after the completion of the work. In ash said equipment, or any pan thereof or the intended use of the grad, is in such suit held to comtimm infringement and the use of said equipment or For is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or puts, replan the same with substantially egml but mninfdnging equpmet or modify it m it becomes m dinfri,mg. 15. INSOLVENCY. If the Seller shall become insolvent m bankrupt, make m on ign mat fro the ban,fi, of aediors, appoint a mayor or trustee for my of the Sellers property, or business, this order may forthwith b, canceled by the Putdwser, without liability. 16. GOVERNING LAW. no dmnition ofterms mal or the interpretation of the agreement ad the rights of all ponies hereunder shall be comrrad maker and governed by the laws afthe Stare ofColorddo, USA. The following Additional Condition apply only in extra where the Seller is m perform work M1neunder, incluiing roe sarvica of Sellers Re,samorivefixf on the premises ofodem. 12. SELLERS RESPONSIBILITY. The Seller shall airy m said work at Sellms own risk until the same is fully completed and accepted, and shall, in u of any accident, destruction or injury to the work molar materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Paramour. When materials and equipment art famished by others for installation or abortion by the Seller, the Sellr shall recmq mlood, sore and handle same at the site and become rnanible therefor as tlwugh soh materials mdlor equipment were bong finished by the Seller maker the under. 18. INSURANCE. The Seller shall, at his own exprtu, provide for fie payment of workers comperwtirq including ampationil disease benefits, to its employees employed on or in connection with the work covered by this purchase order, unNor to that dependen , in mcordance with the laws of the state in which the work is in b, dine. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and mmmobile public liability imurcnce with buddy injury and death limits of or least S3ngne0 for any one person, 5500,000 for any one accident and property damage limit per accident of S400,0110. The Seller shall fibroma require his convectors, if coy, m provide fro such cona,momon send'...maoce. Before any of the Sellers or his mmrators employees shall do my work upon tM premiss of others, the Sella shall fmish the purchaser with a artificae unit such compensation and maidme have been provided. Such artifiata shall specify the dam when such compensation and insurance have been provided. Such certificates shall specify the dam when such comamntim and insurance expires. The Seller agrees that such compensation and insurance shall ha maintained until after No entire work is completal and ecaptal. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby resumes the more responsibility and liability for my and all damage, loss or injury ofany kind or Nature whosoever to perfom or properly, caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith The Seller will indemnify and bold harmless the Parehame and any or all of the Purthasm officers, agents and employees f and summit my and all claims, losses, damages, charges or expeuus, wh s er direct or indirect and whether to arsons or property to which the Purchaser may bo pm or subject by seams of any rot, ration, neglect, omission or &bull on Me part of the Seller, my of his commands, or my of the Salim or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against the Purchaser, or its officm, agents or employees at any time on account or by reason of my act, action, neglect, omission or default of the Seller of my of his contractors or my of in or their officers, agents or employees o aforesaid, the Seller hereby agrees to assume the defense thereof and m defend the same at the Scllm own expense, to pay my and all casts, charges, mmmeys f and ether expenaes, my end all jdgmenn Rat may he incurred by or clubbed against the Purchaser m my of its or their officers, agents or employees in such mots m other proceedings, and in case judgment or other lien be placed upon a obtained against the property of the Pumhaer, or said pries in or n a result of such suits a other Proceedings, the Seller will at ono couu the same to be dismlved and Mwhd al by giving bond or otherwise. The Seller and his contractors shall take all safety praaummu, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulation with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1920 and all rules and regulation issued pursuant thereto. Revised 07n014