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HomeMy WebLinkAbout241623 AGGREGATE INDUSTRIES - PURCHASE ORDER - 3215350Fort Collins PURCHASE ORDER Date: 01/14/2015 Vendor: 241623 AGGREGATE INDUSTRIES ATTN: ACCOUNTS RECEIVABLE 1687 COLE BLVD SUITE 300 GOLDEN CO 80401 PO Number Page 3215350 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/14/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price i 2015 Miscellaneous Materials Light & Power 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 1 LOT LS 10,000.00 Total $10,000.00 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 I. COMMERCIAL DETAILS. Tax esempfi.rs. By smmbe the City of Fon Collie h exempt firm smo and local lazes. Our Exempfon Number is 98-04503. Federal Excise Tax Exemption Certificate of Registry 84-6000581 is regihefed with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sources 1973, Chapter 39-26.114 (a). Goods Rejected. GOODS REIECTED due to failure to meet specifications, either when shipped of due to tickets of damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS ate subject m the City ofFort Collins inspection on arrival. Food Acceptance. Receipt of the meahmdise, services or equipment in tespmse W this offer, can result in amhotined M. oa the pm of the Ciry of Fort Collins. However, it is m be understood that FINAL ACCEPTANCE is dependant upon completion of all applicable t n,ditd inspection preccdurew. Freight Terms. Ship.. must be F.O.B., City of Fort Collins, 7W Wood St. Fort Collins, CO 80533, unless otherwise specified on this aide, If permission is given In prepay freight and charge separately, she original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of file country, shipment is expected from the nearest dietmbmi.n print to destination, and excess freight will be deducted (ram Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers xale cost all necesmry Famous, certificates stand licenses requited by all applicable laws, regulations, offinances and miss ofthe state, municipality, ner, ter, or political subdivision where the work is performed, or required by my other duly mentioned public authority having jurisdiction over the work of vendor. Seller further agree or hold the City of Fort Collins harm. from and .gains, all liability anal loss incurred by them by ream. of m sssened or estublidred iodation of tray such laws, regulatioas, onii comet, rules and requirements. Authomafion. All panne, to this contract agree that the teprese udives aR, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to fire tenets and conditions stated herein set forth and any implanted., or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or diffiran terms and conditions proposed by seller ore objected W and hereby rejected. ].DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to wive on your promised delivery date as noted. Time is of the nwrwc. Delivery and performance must be eliecmd within the time stated on the purchase offer and she documents attached hereto. No sons of the Purchasers including, without limitation, acceptance offshoot late deliverin, shall operate as a waiver of Nis prevision. In she event of any delay, the Purchase sball hale, in Winter 10 olives [cgal and equitable remedies, the oplum ofpli nag Wis offer elaewhem and holding she Seller liable for damages. However, We Seller shall at be liable for damages as a result of delays due to muses not reasonably foreseeable which are beyond its fw.wnabl, control and wlshom its fault of negligrnce, such sons officals, acts of civil or military au lsonties, governments] prionties, fires, sh,dam Rood, epidemics, wars or Huts provided Beat notice of the conditions causing such delay 6 given to the Purchaser within five (5) days of the time when she Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal a the time meal ly lost by reason ofthe delay. 3. WARRANTY. The Seller wormer Out all goods mines, materials and work covered by this offer will conform with applicable drawings, specifications, samples tanker other descriptions given, will be fie for the, purPosn intended, and performed wish We highest degree of cure and competence in accordance wish accepted stanamd for work of a similar metre. The Sella agrees to hold the puchaer .armless firms any loss, damage or expense which the rcher ma Pantheon suBer m incur on account of the Sellers beach ofwatmnty. Fi re e Seller shall repla n, repair or make good, without, cost or she purchuen my defers or faults rasing within one (1) year or within such longer period of time az may Ise prescribed by law or by the comes of my applicable warranty provided by the Seller after the date of acceptance of We good famished hereunder (acceptance not or be umeammbly delayed), resulting firm impeffm or defective work done or materials f ished by she Seller. Acceptance or use of goad by the Purchaser shall no, constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase offer, 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 event include Ins, .,profits or I., of use. NO IMPLIED WARRANTY OR MERCIIAFFABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make clamges 10 legal terms by wTinen change order. 5. CHANGES IN COMMERCIAL TERMS. The Pumna,er may make any changes to the temu. other than legal tams. including additimss to or deletiom from be comities originally offered in We specifications at drawings, by ventral or written change order. If any such change aRecs the amount due or the time of perfomtmce hereunder, an equitable adjustment shall be rude. 6. TERMINATIONS. The Purchaser may at any fime by wieners Orange order, terminate this sg,emen, as to any or all portions of the funds then not shipped, subject to any egnimbl, adjustment between the panics as In any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated pmfts on the uncomplefN portion of the goods and/or work, for incidental of consequential damages, and that no such adjustment be made in favor Of Joe Seller wish respect to any good which am the Sellers standard stock. No such termination shall relieve the Purchucr or she Seller ofany of their Obligations as to my good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for ndjuarment most ba msMed within thin (30) news fmm the date We change or mmtimtion is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants Jut all good sold hereunder shell have been produced, sold, delivered anti fiunished in strict compliance wish all applicable laws and regulations to which the goods ere mbjxcL The Seller shall caceum and deliver such documents as may be required to effect or evidence compliancy. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold We Purchwer harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply wish such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior women consent ofdw other party. 10. TITLE. The Seller wamnts full, 11. and unrtstrictd title to the Purchase, for all equipment, matensdo oul it. furnished in poffiumance of his agreement. free and clear of my and all liens, restrictions, few,ru as, saunly interest encumbrnncn and clams af.thers, 11. NONWANER. Failure of the Purchaser to insist upon affect performance of the corms and conditions hereof. failon, or delay m any tights or remedies provided harem or by law, failure to promptly smfify fire Sella in the even, of a breach,fire acceptance ofor payment for goods hereunder a approval ofthe design, shall not release the Seller of any of the wammtin or obligations of this primbese offer and shall at be deemed a waiver of my right of the purchaser to insist upon strip performance hereof or any of its rights of remedies m to my such goods, mgaNless of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall my 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 CLAIMS. Seller and fee Parcbuer recalls that in across economic practice, overcharges resulting from antitrust vialmons art in fact home by the purchasn. Thererafon, for good curse anti ses consideration for executing this purchase offer, the Sella hereby cosigns in the paternoster my anal all claims it may now have or hereaRet cquired made federal or stale antitrust laws for such overcharges relating m the paniculm goods or services purchased or acquitd by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming of defective goods by a date to be agreed upon by the Purchaser and the Seller, and The Salle, thereaner indicates its inability or unwillingness to comply, the Purchases may cause the work to be performed by The moss expeditions means available Or it, and the Seller shall pay ell cosh associated wish such work. The Seller shall mirae the Purchase( and its contract.rs of any Her from all liability and claims of any nature nulling fmm the perfnfor. oframb work. This relraw dull apply am in the event of fault of negligence of the parry released and stall careful to the ducctms, officers and employees ofsum pan,. The Seller's rnat..] obligations, including warranty, shall not be deemed to Ire reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is rcquimd,, use any design, device, material or process covered by letter, patent, amen ..k or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of fire use of such plead design, device, material or process in connection with the contract, and shall indemnity she Purchaser for any cost, expense or damage which it may be obliged to pay by reason Ofmch infringement in my time during the pesemtion or after We completion of the work. In case said equipment, or my pan thereof or she intended use of the goad, is nd such suit held he consumer, infraingement and the use of said equipment or pan is joined, she Seller shal[, at its own expense and as its rumors, either procure for she purchaser the right to continue using said equipment or parrs replace the same wish subsfmtially equal but ...infringing equipment, or modify it w it becomes...bringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for she benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterrm used or the interpretation of the agreement and the rights ofall pales hereunder shot] he exmmued ruder wool governed by she laws afire State of Colorado, USA. The following Additional Conditions apply only in taus where the Sella ix to perform work hereunder, including the servicesof Sellers Representative(s), on the practises ofothers. 19. SELLERS RESPONSIBILITY. The Sella shall cony on said work at Seller's own ask until she some u fully completed and sece dal, and shall, in case of my accident, destruction or injury to she work wal materials before Seller's final completion and acceptance, complete the work at Selees own expense and to she satisfaction of she Purchases. When materials and ryuipmmt are famished by others for insmllatom or erection by the Seller. she Seller shall receive, unload, stare and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. 19. INSURANCE. The Seller shall, at his awn <,tenee, provide for We payment of workers compensation, including occupational disease benefits, to its employees employed on or in commissar wish the work coveted by this purchase order, andfor on their dependents in accordance wish she laws of the stem in which the work is to be done The Sella shall am carry compahetssive general liability including, but not limited to, summers and samara ile public liability insurance wish bodily injury and death limits of or leass $300,maq far any me Person, 8500,000 for any one accident and property damage limit per accident of S400,000. The Seller stall likewise Helium, his omwemrs, ofany, to provide for such compensation and assurance. Before my of We Sellers or his contrecmrs employees shall do any work upon the penises of others, the Sella shall famish the Purchaser wish a ceni0cam that such compensation and insurance have been provided. Such cr nifcams shall specify the dam when such co a,mustion and insurance have been provided. Such certificates shall specify the dam when such compensation and insurance expires. The Seller agrees that such comp,mation and insurance shall be maintained until ane, the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby rssure s We ontire rnlwnsibiliry and haMlity for my and all damage, loss or injury ofany kind or uarurt whatsoever to persons of property caused by or resulting fmm the execution of We work provided for in this purchase order or in connection hcmvith. The Seller will indemnity and Hold harmless the Purmhoun, and my r all of the Purchasers officers, agents and employees from and agaimf my and all claims, losses, damages, charges or expenses, wbedter direct of indirect, and whether a pawns of property on which the Purchaser may be put or subject by seawn of my ant, action, neglect, omission or default on the pan of the Seller, my of his contractors, or any of she Sellers or contractors officers, agents or employees. In cos my suit or other proceedings shall be brought against the Purchaser, or its Officers, agents or employees at any time on scrum, or by reason of any act, action, neglect, omission ar default of she Seller of any of his contractors ar any of its or their olives, agents or employees as aforesaid, the Seller hereby agrees W assume the defense thereof and in defend the same at the Sellers own expense, to pay my and all costs, charges, attemeys fees and other expenses, any and ail jmgmens that may be incurred by or obtained against the Purchase or my of its or their officers, agents or employees in such suits or other proceedings, and in cam judgment or other lira be placed upon or obtained against the property of the Flambaus, or said parties in Or as a result of such sues or other proceedings, she Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. TM Sella and his contractors shall rake all mfery precansioas, fianish and install all guard necessary for the prevention of accidents, comply with all laws and nodamons wind regard or safety including, but without limitation, tM Occupational Safety and Health Act of 1970 and all ruin and regulations, issm,1 pwwam thereto. Revised 07RO14