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HomeMy WebLinkAbout103918 COLORADO PRECAST CONCRETE - PURCHASE ORDER - 3215191PO PURCHASE ORDER 3215191 Page City of PURCHASE 3215191 1012 ' `t Collins ins This number must appear V ` 1 , on all invoices, packing �slips and labels. Date: 01/12/2015 Vendor: 103918 COLORADO PRECAST CONCRETE 1820 E HIGHWAY 402 LOVELAND CO 80537 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/12/2015 Buyer: PAT JOHNSON Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price i 2015 Blanket Order 1 LOT LS 30,000.00 Precast Junction vaults 7684 Precast Primary Junction Vaults 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 $30 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 680 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By smwte the Ciry of Fon Cdlim iz exempt from sere and local ante. Our Exemption Number is 96-01502. Federal Excise Tax Exemption Certifiwre of Registry 94-6000587 is registered with rise Collector of Internal Revenue, Deaver. Colorado (Ref. Colorado Revised Staames 1973, Chapter 39 26, Ili (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either whin shipped or due to defects of damage in trannt may be returned to you for credit and are rot to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject o the City of Fon Collins inspection on wrival. Final Acceptance_ Receipt of the merchandise, se r equipment in response to this order can result in mfotiaed payment on the pan of the City of Fon Collins. However, it is to be understood that FINAL ACCEPTANCE is depmdmr upon wmpinion of ill applicable rrywred inspection procedures. Freight Terms. Shipments roue be F.O.B., Ciry of Fort Collins, ]Ore Woad St. Fort Collins, CO 80522. unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will cot be accepted. Shipment former. Wnere manufacturers have dismbrang paints in various pans of the country, shipment is expected from tire nearest distribution point to desdnadon, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cast all necessary permits, cenificeran and licenses required by all applicable laws, regulations, ordinances and rules ofthe state, municipality, territory or Political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller barber agrees to hold rise City of Fort Collins harmless from and against all liability and loss incurred by them by reason of m worried or established violation of any such laws, regulations, ordinances, r and mini/ moors. Authorimtion. All parties to this contract agree rust the representatives are, in fact, bona tide and possess full and wmplme aurdanty to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stared herein set foM and my supplementary or additional terms and executions annexed hermo or manufactured herein by reference. Any additional or different reams and mndirions promsM by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immMiately if you cannot make complete shipment to artier on your promised delivery date as noted. Time is of the essence. Delivery and perfmmmce most be effected within the time stated on the purchase order and the documents avached harbor . No acts of rise Parrhaxt incluNng, without limltarion, acceptmce of partial laze deliveda, shill operas m a waiver of This provision. N the event of any delay, die Purchaser shall have, in addition in other legal and equitable remedies, the option of placing this order elsewhere and holding fe Seller liable for damages. However, the Seller shall nor 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 ofnegligence. such acts of God, act of civil or military authorities, governmental priorities, fires, stakes, Goad, epidemics. wars or nos provided that notice of the conditions causing such delay is given in the Purchaser within five (5) days of the time when rive Seller fie received knowledge thereof In the ever of my such delay, the dam of delivery shall to emended for the period equal to the time actually last by reason of the delay. 3. WARRANTY. The Seller wamarts fat all goods, micles, mammals and work covered by this order will conform with applicable drawings, specifications, samples And/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and wmpermw in accordance with accepted standards for work of a similar nature. The Seller agrees m hold the purchaser harmless form any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of worrmry. The Seller shall replace, argon or make good, without cost to the purchase, my defects or faults arising within one (1) year or within such longer period of rime in may be prescribed by law or by the terms of my applicable waranry provided by the Seller after the dam of acceptance of the goods furnished hereunder (acceptance not to be unreawnably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goads by the Purchaser shall not wn=tute a waiver of my claim under this warmry. Except as otherwise provided in this purchase order, the Sellers liability hereu ader shall extend to all damages proximately caused by the breach of any of the foregoing wmmties or guarantees, ben such liability shall in no event include loss of profits at loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. e. CHANGES IN LEGAL TERMS. The Purchase, may make changes to legal terms by miden change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes as the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in are specifications or drawings, by verbal or wimsen change order. If my such change affects the grant due or the time ofperformmce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may w any time by wrinm change order, terminate this agreement as to any or ill ponions of the goods then not shipped, subject to my equitable adjusdneot between the genies as to my work nr materials Nee in progress provided that the Purchaser shill not be liable for my claims for anticipated profits on the =completed portion of the goods and/or work for imidmral or consequential damages, and that no such adjustment be made in favor of the Seller with respect to my goods which are the Sellers standard stock. No such termination shill relieve the Purchaser or the Seller of my oftheir obligations as to my goods delivered hereunder. 0. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered S. COMPLIANCE WITH LAW. The Seller warrant Nat all goods sold hereunder shall have been produced, cold, delivered and furnished in stria compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as maybe required to effector evidence compliance. All laws and regulations required to he incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all mats and damage suffered by the Purchaser as a fault of the Sellers whom to comply with such law. 9. ASSIGNMENr. Neither parry, shall assign, transfer, or mnvry this order, or my monies due or to became due hereunder without the prior wrinm consent of live other party. 10. TITLE, The Seller moral full, clear and =radiated title to the Purchaser for all equipment materials, and items famished in perfotmmce of this agreement, free and clear of my and all liens, rerdctions, reservations, security interest encumbrances and claims f.darn II. NO\WAIVER Fin]= of the Purchaser to none upon strict performmre of the meow and conditions hermf, failure or delay to exercise any rights or remedies provided herein or by law, fail= to promptly notify the Seller in the event of a breach the accepmnce ofor payment for goods hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hermf or my of its rights or remedies as to my such goods, regardless of when shipped received or accepred as to any prior or subsequent default herewder, nor shall my portion read modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms hermf 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser remgnlee that in actual economic practice, overcharges resulting from mtirust violations are in fact home by the Purchaser. Theretofore for good came and in consideration for executing this purchase order, the Seller hereby assigns to the Embosser my and all On. it may now have or hereaier acquired under federal or stare moment laws for such overeisargez relating to the proman er goods or services puramed or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to he agreed upon by the Prachwer and the Seller, and the Seller therraher indicates in inability w unwllingwss to comply, the Parchzver may cause the work to be f eformed by the most expeditious means available w it and the Seller shall pay all was associated with such work. The Seller shall relents the Purchaser and its contractors of my tier from all liability and claims of my nature resulting from the performsece of such work. This mime shill apply even in the e.enr of fault of negligence of the parry released add shill emend w the directors, officers and employees of such parry. The Seller's contractual obligations, including warranty, shall not be deemed to be reducmt in my way, because such work is performed or tamed to he performed by the Purchaser. 14. PATENTS. WTmever the Seller n required or use my design, device, maderid or process covered by Imer, parent trademark or copyright, the Seller shall indemnify and save hamden the Purchaser from my and ill clams 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 my cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work In case said equipment or my pm theater or the intended use of the goods. is in such suit held to constitute infringement and the use of word equipment or pan is enjoined, the Seller shall, at its own expense and at its option, eiher paccare for the Puchaer the right as continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment or modify it so it becomes marmnGmging. I5. INSOLVENCY. If the Seller shall became insolvent or bankrupt make m assignment far the berefil of creditors, appoint a receiver or down for any of the Sailers property or business, this order may f rd with be canceled by the Purchaser wifom liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation offs agreement and the rights of all names hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Condtiorrs apply only w cues where the Seller is to perform work hereunder, including the services of Sellers Representatives), on the premises dictums, 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk and the same is fully completed and accepted, and shall. in case of my accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance. complete rue work at Setters own expense and to the satisfaction of the Purchaser. When materials and equipment are fmished by others for insmllation or erection by the Seller, the Seller shall receive, unload. sore and handle same at the site and become responsible therefor m though such materials =&or equipment were being furnished by the Seller under tire order. I8. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including translational disease benefit, ro in employees employed on or in connection with the work covered by this purchase order, mayor to (heir dependent in mmrdmce with the laws of the stare in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, wrmadual and automobile public liability insurance coif hat injury and dom limits of at least $300,000 for my one person, S500,00o for any one accident and property damage limit per accident of 5400rria) The Seller shall likewise require his mndacrors, if my, to provide for bath compensation and insmnce, Before any of the Sellers or his contractors employees shall do my work upon the premises of others, the Seller shall famish the Purchaser with a wnificare that such compensation and insurance have been provided. Such cerificates shall specify rise date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shill be maintained until after the entire work is completed and accepted 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the some responsibility and liability far any and all damage, loss or injury of any kind r nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller wil I indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against my and all claims, losses, damages, Oranges or expenses, whether duIXt or indirect and whether to persarw or pumpers m which she Ruchaser may be put or subject by reason of my rot, action, neglect, omission or default on rise pan of the Seller, my of his contmcwrs, or my of the Sellers or contractors officers, agents or employee. In caw my suit or order proceedings shall be brought against the Purchaser, or it off cam, 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 any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same ar, the Sellers own expense, w pay my And all toes, charges, ..may, fees and other expenses, my and all judgment that may be incased by or oblained against the Purchaser or my of its or their offers, agents or employees in such swt or other proceedings, and in case judgment or ofer lien be placed upon or obtained against the property, of the Purchaser, or said panic in or as 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 safes precautions, famish and install all guards necessary for the prevention of incident, comply word all laws and regulations with regard to safes iecludin& but without Ilmimtion the Occupational Safety and Health Act of 1970 and all rda and regulations issued pursuant thereto. Raised =014