HomeMy WebLinkAboutRESPONSE - BID - 5657 BOX CULVERT AT HORTICULTURE CENTERBID SCHEDULE
Contractor must furnish to the Community Horticulture Center located at the corner of
Center Ave and Rolland Moore Drive, Fort Collins, Colorado a 54' section of 11'8"' W X
4'8'H concrete box culvert per drawing. The City reserves the right to award the contract
not only on lowest responsive, responsible price but also meeting the desired delivery
time of March 1, 2002.
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QUOTE DATE:
PROJECT: BOX CULVE
BID #5657
LOCATION: CITY OF FORT
54
CARDER CONCRETE PRODUCT5 COMPANY
8311 W. CARDER CT.
LITTLETON, CO 50125
Phone: (303) 791-1600
Toll Free: (800) 285-2902 (COLORADO ONLY)
Fax: (303) 791-1710
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QUOTATION
# 2-002
Page 1 of 1
511) DATE: 01/03/02
TIME: 3:00 PM
5ALE5 REPRESENTATIVE: CRAIG HEMERDA
NOTES: I
1) Prices shown are F.O.B. jobsite, unloaded as close to the line of ditch that our trucks can travel under their own power in conformance with
current OSHA regulations. Buyer to unload >72" Diameter RCP, all FES, HERCP, RCBC, SPECIAL FABRICATIONS and STORMCEPTOR.
2) R&C joint includes rubber gasket per ASTM C443. B&S and T&G joint includes flexible mastic sealant per ASTM C990.
3) FCO denotes "Fabrication Charge Only". Pipe required for special fabrications included in quantity of pipe quoted unless otherwise noted.
4) All products returned for credit by our trucks subject to RESTOCK CHARGE.
5) Prices are based upon our receipt of an order for all items listed on this guotation in truckload guantities.
ACKNOWLEDGEMENT REQUIRED:
Accepted this day of 20_, subject to all terms and conditions stated and referenced.
Company:
Name &Title:
Customer PO#:
ALL SALES BASED ON THIS QUOTATION SUBJECT TO:
"TERMS AND CONDITIONS OF CARDER CONCRETE PRODUCTS COMPANY"
TERMS AND CONDITIONS OF CARDER CONCRETE PRODUCTS COMPANY
1. Definitions; Conflicting Terms. In addition to definitions provided elsewhere herein, the following definitions shall apply to these
terms and conditions ("Terms"). "Seller" means Carder Concrete Products Company; "Buyer" means a patty who places an order with
Seller for Products; "Products" means any and all goods manufactured by Seller or acquired by Seller for sale to Buyer; "Special Prod-
ucts" means Products manufactured specifically for Buyer; "Standard Products" means Products consisting of Seller's standard inventory;
"Agreement" means, as applicable, the Seller's Credit Application, Quotations, Invoices, and Shipping Tickets, all of which shall be
deemed to include these Temms. If terms contained on the face of any Agreement are inconsistent with these Terms, these Terms shall
control.
2. Acceptance; No Conflicting Purchase Orders. Buyer shall be deemed to have irrevocably accepted the Terms upon the earliest of
(i) executing the Agreement to which these Terris are attached and delivering same to Seller, (ii) placing an order for Products in writing
or orally with Seller (in) acceptance of the delivery of a Product, or (iv) payment of any amount due for a Product. Any purchase order for
Products submitted to Seller by Buyer shall be subject to these Terms. If any additional or different terms or conditions ("Buyer's
Proposed Terms") are contained in a purchase order submitted by Buyer, these Terms shall control regardless of when Buyer's Proposed
Terms are received by Seller unless Seller agrees in writing to any of Buyer's Proposed Terms; otherwise, Seller hereby expressly rejects
Buyer's Proposed Terms.
3. Prices; Payment Terms; Late Payments; Security Interest. Prices are based upon Buyer placing a firm order for all Products
quoted in full truckload quantities. Individual Products ordered are subject to re -pricing. Prices are valid for a maximum of 30 days from
"Quote Date." Prices exclude all federal, state, and local taxes, all of which shall be paid by Buyer. No taxes may be deducted from any
payment unless Seller has received a valid tax-exempt certificate from Buyer. Sales of all Products shall be subject to credit approval by
the Seller. Payment is due 30 days after date of invoice for Products delivered with no rights of set-off or other retainage of any kind.
Past due amounts shall bear interest at the rate of 1-1/2 percent per month; a service charge of $75 shall be applied to all returned checks.
Seller reserves the right to require Buyer to pay the purchase price, or to provide adequate security for payment, prior to delivery of the
Products. In connection therewith, Buyer hereby grants to Seller a purchase money security interest in all Products ordered by Buyer. If
requested, Buyer shall execute financing statements relating to such security interest, and authorizes and directs Seller to file without
Buyer's signature, or on behalf of Buyer, if permitted by law, financing statements (and amendments) to perfect such security interest.
4. Delivery; Risk of Loss; Transportation. Unless Buyer accepts delivery at Seller's plant or other agreed point, risk of loss and title
to all Products shall pass to Buyer at the delivery point of the Products. Delivery shall be deemed completed when the Products, loaded
on the delivery vehicle, reach the designated delivery point or as close thereto as the vehicle operator deems safe and practicable for
loaded motor trucks and trailers operating under their own power. Buyer shall unload all Products that cannot be unloaded by Seller and
provide all necessary cables, devices and rigging, at Buyer's risk and expense. Time allowed at delivery point for Buyer unloading is one
hour. Additional unloading time shall be charged at $75.00 per hour. If Buyer accepts delivery at Seller's plant or other agreed point, risk
of loss and title passes to Buyer when the Products are loaded on the Buyer's vehicle. Delivery trucks shall not be pulled or pushed by
Buyer without Seller's permission.
5. Inspection and Installation. Buyer shall fully inspect all Products upon delivery and note on the Shipping Ticket any damage
discovered. Buyer warrants that Buyer is knowledgeable and competent to install the Products in a proper manner.
6. Submittals; Acknowledgement. When required by the specifications or standard practice of the industry, Seller shall furnish
submittals or shop drawings (as applicable, `Submittals"), which shall be prepared from plans and profiles furnished by Buyer (the
"Project Documents"). Submittals are supplied only as a guide and adjustments to meet field conditions are Buyer's responsibility.
Seller's "take -off' of specials and fittings is based upon the Project Documents
full responsibility for errors in data submitted to Seller. , and is approximate and not guaranteed. Buyer assumes
Submittals. Buyer acknowledges that (a) Seller is Manufacture of Products shall begin only after Seller's receipt of approved
not fully used, and Buyer is relying on Buyer's own knowledge or thknowledgeable about the project or purpose for which the Products are to be
(b) quantities and Products listed on quotations are Seller's ie advice of a qualified registered engineer in placing its orders for Products,
nterpretation of the Project Documents and are not guaranteed to be correct,
(c) Buyer shall verify quantities and Product requirements, and (d) if additional quantities of Products are supplied in full truckload quan-
tities, Buyer shall pay the unit price therefor.
7. Cancellations; Returns; Restock Charges. Except with respect to returns made pursuant to Section 9 below, no cancellations of
orders or returns can be made without the prior written approval of Seller, and (a) Special Products may not be retained; (b) Buyer shall
pay Seller all costs incurred by Seller (including lost profits, direct and indirect expenses, including overhead) in preparing for,
commencing, and ceasing the manufacture of Special Products; (c) Buyer shall pay Seller all restock charges in accordance with the
following restock policy:
RESTOCK POLICY. All Standard Products returned by Seller's delivery trucks shall be assessed restock charges as follows:
a) 30% of initial (delivered) selling price for projects < or = to 30 miles from the originating shipping facility.
b) 40% of initial (delivered) selling price for projects > 30 miles from the originating shipping facility.
Restock charges shall be waived if Buyer provides own transportation to return Standard Products. All Standard Products returned
by Buyer shall be credited at full original selling price less imbedded freight cost for each Product returned , unless returned Products are
damaged, in which case no credit shall be applied. Official condition of returned Standard Products shall be determined by Seller's
QC Department.
8. Limited Warranty. The Products are warranted to conform in all material respects to the specifications delivered to Buyer prior to
or concurrently with this Agreement (the "Warranty"). The Warranty does not extend to any Product that has been combined with any
other product or used in violation of Seller's instructions. THIS EXPRESS WARRANTY IS IN LIEU OF AND EXCLUDES ALL
OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. No person is authorized to change or otherwise modify
the Warranty or assume any other liability on behalf of Seller.
9. Exclusive Remedy. Buyer's sole and exclusive remedy with respect to the Warranty shall be, at Seller's sole discretion, (a) to
replace the nonconforming Product, or (b)credit Buyer with any funds previously paid to Seller for such nonconforming Product;
provided, however, for such remedy to be available to Buyer, (i) any nonconformance of a Product detectable upon reasonable inspection
must be noted on the Shipping Ticket returned to Seller, and (ii) any nonconformance not detectable upon inspection but discovered by a
third party inspector shall be provided to Seller immediately upon discovery.
10. Limitation of Liability. SELLER SHALL NOT BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY LOSS,
INCONVENIENCE, OR DAMAGE, WHETHER DIRECT, INCIDENTAL, CONSEQUENTIAL, OR OTHERWISE,
RESULTING FROM ANY BREACH OF THE WARRANTY OR ANY OTHER OBLIGATION OF SELLER SET FORTH
HEREIN. With regard to Seller's obligations set forth in Sections 8 and 9 and otherwise in this Agreement, Seller's total liability shall
not exceed the amount paid to Seller by Buyer for the applicable Products.
11. Compliance with Laws; Safety. Buyer shall comply with all applicable federal, state, and local laws, rules, and regulations in
effect from time to time relating to the use, handling, transportation, and disposal of the Products; Buyer shall erect protective and warning
devices and use other measures as a reasonable and consistent with industry standards to safeguard the public.
12. Cumulative Remedies; Indemnification; No Waiver. If Buyer fails to comply with any Term, in addition to all other remedies
available to Seller at law or in equity, all of which shall be cumulative, Seller shall have the right to cease supplying Products to Buyer and
to terminate any and all Agreements with Buyer; provided, however, that Buyer shall be obligated to pay all amounts owed to Seller for
Products delivered prior to such termination. Buyer shall indemnify and hold Seller harmless from, and reimburse Seller for, all
liabilities, claims, suits, judgments, costs, and expenses (including reasonable attorneys' fees) which Seller may incur or be liable for
arising out of or related to, in whole or part, Buyer's breach of any Term of, or any act or omission of Buyer in the performance of, this
Agreement and the use of the Products after receipt thereof. Failure of Seller to enforce any right it may have against Buyer shall not
constitute a waiver of such right or a waiver of any other right of Seller.
13. Force Majeure. If Seller shall be rendered wholly or partly unable to carry out its obligations under these Terms by reason of an
event beyond its reasonable control including, but not limited to, acts of God, labor troubles, production or engineering difficulties, or
inability to obtain or shortage of raw materials, parts, equipment, or transportation, then the performance of such obligations, insofar as
they are affected by such cause, shall be excused during the continuance of the inability so caused.
14. Entire Agreement; No Assignment by Buyer. These Terms and the terms of all Agreements between the parties constitute the
entire agreement between the parties with respect to the subject matter contained therein, and supersedes all prior or contemporaneous
negotiations and agreements, whether written or oral. The rights and obligations of Buyer pursuant to this Agreement may not be assigned
or delegated, by operation of law or otherwise, without the express written consent of Seller.
15. Amendment; Governing Law. This Agreement may be amended only by a writing signed by both parties, and shall be governed
by the internal laws of the State of Colorado. Any litigation with respect to this Agreement shall be brought in the courts of the State of
Colorado, and Buyer irrevocably submits to such jurisdiction.
2778957 2.DOC
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