HomeMy WebLinkAbout519780 PRECISION CONCRETE CUTTING - PURCHASE ORDER - 3215154Fort Collins
Date: 01/12/2015
PURCHASE ORDER
Vendor: 519780
PRECISION CONCRETE CUTTING
3191 N CANYON RD
PROVO UT 84604
PO Number Page
3215154 1of2
This number must appear
on all invoices, packing
slips and labels.
Ship To: STREETS DEPARTMENT
CITY OF FORT COLLINS
625 NINTH STREET
FORT COLLINS CO 80524
Delivery Date: 01/12/2015 Buver: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
i 2015CONTRACTUAL
City of Foil Collins Director of Purchasing and Risk Management
This order Is not valid over $6000 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
1 LOT LS
20,000.00
Total
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0680
Purchase Order Terms and Conditions
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt rem state and local taxes. Our Exemption Number is
98-01502. Federal Excise Tax Exemption Cenifieate of Refinery 84-6000587 is registered with the Collector of
Innmai Be... Denrer, Colorado (Ref Colorado Revised Sons 1973, Chapter 39-26. 114 la).
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either %lien shipped or due to defeats of
damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of wrinen
instructions from the Ciry ofFort Collins.
Inspection. GOODS are subject to the City of Fort C011itts inspection on articid
Final Acceptance, Rear, of the merdmdlse, services or equipment in response to this order can r esult in
aumonud payment on the pan of the City of FoFort Collins. However, it is w be understand notFINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight Terms. Shipments most be F.O.R., City of Fort Collins. TOo Woad St, Fort Collins, CO 80522, unless
otherwise specified on this order. If permision is given to prepay freight and charge separately, the original freight
bill most accompany invoice. Additional charges for packing will act be accepted.
Shipment Distance. Where mmufrcmrers have distributing points in various parts of the country, shipment is
expected from the nearest distribution Point to destination, and excess freight will be deducted from Invoice when
shipments are made from greater distance.
Famous Seller shall procure at sellers cold cog all nee ssary permits, certificates and licenses required by ail
applicable laws, regulations, ordinances and mon of the stare, municipality. Norton or political subdivision when
the work is Performed or required by my other duly constituted public authority having jurisdiction over the work
of vendor. Seller Rather agrees to hold the City of Four Collins hmmlass from and against all liability and loss
incurred by them by reason Of an asserted or established violation of any such laws, regulations, ordinances, rules
and requirements.
Audwrieraton. All pares to this contract agree that the representatives are, in fact haw fide and Possess full and
complete audonry to bind said parries.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance no the terms and conditions anted
herein set forth and my supplementary or additional terms and conditions annexed hereto or iwerporved herein by
reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery time as noted. Time is afore essence. Delivery and performance most be effected within the time
waled on the purchase order and the documents attached hereto. No arts of the Purchaxrs including, without
limitation, acceptance of normal late deliveries, shall operate as a waiver of this provision. In the evens of any delay,
Me Purchaser shall have, in addition w other legal and equitable remedies, the option affiliating this order elaewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negl Igence.
such acts of God, acts of civil or military amhmities, gmvemmmtai priomies, Fires, strikes, flood epidemics, wars or
rims provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof In the even of my such delay, the date of delivery shall be
extended for the pmo i equal to the time actually Ion by reason of Me dlay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other desroptions given, will be fit for the purposes intended, and
pertcteed with the highest degree of care and campetmce in accordance with accepted standard for work of a
similar nature. The Seller agrees in hold the purchaser harmless from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of wananry. The Seller shall replan, repair or make
good without war to the purchaser. my defer.¢ or faults snsing within one (1) year or within such longer Farad of
time as may be presented by law or by the tents of any applicable warranty provided by me Seller after me date of
acceptance of the good famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or mammals famished by the Seller. Acceptance or use of good by the Purchaser shall not
constitute a waiver ofmy claim under this warrmry. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall emend to all damages proximately caused by the breach of my of the foregoing wamnties
m guarennees, ben such liability shall in no event include loss of profits or loss of we. 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 written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make my changes to Me terms, other than legal temp, including additions to or deletions from
me quantities originally ordered in Me speci(cations or drawings, by ver al or writer change order. If my such
change affects the amount due or the time ofperformance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at my time by written change order, teromare, this agreement as to any or all Potions of the
goods men not shipped, subject o my equitable adjustment between the parties as to my work or materials Men in
progress provided that the Purchaser mail not be liable for my claims for anticipated profits on the uncompleted
portion of the goods andor work, for incidental or consequential damages. and that an such adjustment be made in
favor of the Seller with respect w my goods which are the Sellers standard stock. No such termination shall relieve
Me Purchaser or me Seller of any of their obligations as to my goods delivered hereunder.
T. CLAMS FOR ADJUSTMENT.
Any claim for adjugmem most be weened Onion thin (30) days from the dice the change or termination is
ordered.
S. COMPLIANCE WITH LAN'.
The Seller wi m rats For, all goods sold hereunder shall have been produced, sold, delivered and famished in strict
compliance wiM all applicable laws and regulations to which Me goods are subject. The Seller shall execute and
deliver such documents as maybe required to effector evidence compliance. All laws and regulations required to be
cwporated in agreements of this character are hereby incorporated herein by Min reference. The Seller agrees w
indemnify and hold the Purchaser harmless fmm all wan and damages suffered by Me Purchaser as a result of Me
Sellers failure to comply widt such law.
9. ASSIGNMENT.
Neither prey shall assign, transfer, or convey Mis order or my monies due or to become due hereunder without Ne
prior Orilten consent of Me other parry.
10. TITLE.
The Seller warren full, clear and untesMcted tide to the Purchaser for all gulpmmt materials, and i e. famished
in performance of this agreement free and clear of my and ell liens, rwrinlons, reservation, security interest
.,.him. and claims i fosters.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict po formance of the terns and conditions harm( failure or delay to
y rights or remedies provided herem or by law, failure o prompdy notify the Seller in Me event of a
breach�my
acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of
my of the waruntiw or obligations of this purchase order and shall not he deemed a waiver of any night of Me
purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless
of when shipped, received or accepted, as to my prior or subsequent default hereunder, nor shall any purported
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAP
Seller and the Purchaser recognize thad in actual economic practice, overcharges resulting from antinow
violations are in fact home by the Purchaser. Theretofore,for good cause and as consideration for eaecuung this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
marred under federal or mate antitrust laws for such overcharges relating to the particular goods or services
purchased or acquired by the Purchaser purstunn to this purchase order.
13. PURCHASERS PEREORNIANCE OF SELLERS OBLIGATIONS.
If the Purchaser diners the Seller to con st nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or tin ti llinptess to comply, the Purchaser
may cause the work to be performed by Me most expeditious means available to it and the Seller shall pay all
costs wwcimod with such work.
The Seller stall release the Purchaser and its contractors of any tier from all liability and claims of my nature
resulting from the performmce of such work
This release shall apply ever in the event of fault of negligence of the parry released and shall extend in the
hatvon, officers and employees of such parry.
The Selleh contractual obligations, including warranry. shall not be deemed to be reduced, in my way, because
such work is Performed or caused to he performed by the Purchaser.
Id. PATENTS.
Whenever the Seller is required to use any deign, device, ma¢nal err pr«ass covered by lane. patent trademark
copyright, the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement
by reason of the use of such patented design, device, material or process in connection worth the contract and
shall indemnify the Purchaser for my cost expense or damage which it may be obliged to pay by reason of such
infringement at my time during the porage lion or after the completion of the work. In case said equipment or
my pm Mercer or the intended use of the good, is in such suit held to consimte infnngemmt and the use of
said ryuipment or pan is enjoined, the Seller shall, at its own expense and at its option, either fracture for the
Purchaser Me night in continue using said equipment or parrs, replace the same with substantially equal but
noninfdnging equipment or modify it 50 it becomes namnMnging.
15. INSOLVENCY.
If the Seller shall become molvmt or bankrupt make an assignment for the benefit of creditors, appoint a
receiver or trustee for my of the Sellers progeny or business, this order may fonhwlth he canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of terms used or the interpretation of the agreement and the rights ofall primes hereunder shall be
consumed under and governed by the laws mare State of Colorado. USA.
The following Additional Conditions apply only in cases where me Seller is to perform work hereunder.
including rite services of Sellers Represennnve(s). on the premises of others.
19. SELLERS RESPONSIBILITY,
The Seller shall cant' on said work at Sellers own risk until the same is fully completed and accepted, and shall,
in e of my accident, dwopcdon or injury to the work indoor materials before Seller's final completion and
cceptance, complete the work at Seller's own expense and w the satisfaction of the Purchaser, When materials
and equipment are fiunishel by others for installation or erection by the Seller, Me Seller shall receive, unload.
scare and handle same u the site and become responsible therefor as though such marmots and/or equipment
were being fumished by the Seller under the order.
18. INSURANCE.
The Seller shall, an his on expense, provide for the payment of workers compensation, including occupational
disease benefits. to its employees employed on or in connection with Me work covered by Nis purchase order,
andor to their dependents in accordance with Me laws of Me state in which Me work is w be done. The Seller
shall also carry comprehensive general liability inclu&n& ben not limited to, contractual and automobile public
liability insurance Oum bodily injury and death limits of Or leaf S300,000 for any one person, s500,000 for my
one accident and property damage limit Far accident of 1400,00t1. The Seller shall likewise require his
if my, to provide for such compensation and insurance. Before my of Me Sellers or his contractors
employees shall do my work upon the premises of others, the Seller shall famish Me Purchaser with a certificate
that such compensation
and insurance have been provided. Such c mfcama shall specify the date ohm such
compensation and insurance have been provided. Such certificates shall specify Me date when such compensation
and in a expires. The Seller agrees that such wmpor asion and insurance shall be maintained trial after Me
entire.,it is cemplewd and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes me entire responsibility and liability for any and all damage, loss or injury of my kind
or nature whatsoever to Persons or property caused by or resulting from the execution of Me work provided for in
this purchase order or in connection harrowed. The Seller will indemnify and hold hammers the Purchaser and my
or all of Me Purchasers officers, agents and employees fmm and against my and all claims, losses, damages.
charges or expenses, whether direct or indirect and whether to persons or property w which the Purchaser may
be put or subject by reason of my On, action, neglect, omission or default on Me pm of Me Seller, my of his
contractors, or my of Me Sellers or contracwrs officers, agents or employes. In case my suit or other
proceedings shall be brought agam,, the Purchaser, or its officers, agents or employees at my time on account or
by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or my of in or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume Me defense thereof and to
defend Me same at Me Sellers own expense, to pay my and all costs, charges, anomrys few and other expenses.
my and all judgments that may be incurred IN, or obtained against Me Pardoner or my of its or their officers.
agents or employees in such suits or other proceedings, and in cue judgment or other lim he planed upon or
obtained against Me pmPerry of the Purchaser, or said parties in or as a result of such suits or other prmere j
Me Seller will ar once cause the same in be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, famish and install all guards necessary for Me prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, we
Occupational Safety and Health Act of 1970 and all roles and regulation Issued pursuant Merest.
Revised 09I2014