Loading...
HomeMy WebLinkAbout120116 BESTWAY CONCRETE CO - PURCHASE ORDER - 3212146City of Fort Collins Date: 01/23/2012 Vendor: 120116 BESTWAY CONCRETE CO PO BOX 309 MILLIKEN Colorado 80543-0309 PURCHASE ORDER PO Number Page 3212146 j 1 of 2 This number must appear on all invoices, packing slips and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 01/20/2012 Buyer: OPAL DICK 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 2012 Blanket Order Utilities City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, CPPO 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 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions By statute the City of Fort Collins is exempt fmm state and local tax.. Our Exemption Number is 11 NONWAIVER. 98d0,1502. Federal Excise Tax Exemption Certificate of Registry R4-6000597 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the tents and conditions hereof, failure or delay to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (al. exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods Immunder or approval ofthc design, shall not release the Sellerof Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver ofany right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict Performance herenforany clay rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped. received or accepted, us In any prim or subsequent default hereunder, not shall any putponed oml modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City effort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment on the pan of the City of Fort Collins However, it is to be understood that FINAL Seller and the Purchaser recognize that in retinal economic practice, overcharges resulting from antimist ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations or in fact borne by the Purchaser, Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby as igns to the Purchaser any and all claims it any nmv have or hereafter Freight Toms. Shipments most be F.O.B., City of Pon Collins, 700 Wood St., Fort Collins CO 80522, unless required under federal or state antitrust laws for .such overcharges relating to the pnnicular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Pumhsscr pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller in correct nonconforming or defective goods by a date to be agmed upon by the expected fmm the nearest distribution Point to destination, and excess freight will be deducted form Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made Form greater distance. may cause the work to be performed by the most expeditious means avrilible to it, and the Seller shall pay all costs associated with such work. Permits Seller shall procure at sellers sole cost all necessary pcmmit, eenifieates and licenses required by all applicable laws, regulations, ordinances and roles of the state. municipality, territory or political suhdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of rendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of on asserted or established violation of any such lams, regulations, ordinances, miles and requiremcns. Authorization. All panics to this contract agree that the representatives arc, in fact, bona title and poc ess fill and complete authority to bind snid parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptinec to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or di Rcrent terms and conditions proposed by seller are objecrc l to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and performance mast be cRectcd within the time stated on the purchosc order arid the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver ofthis provision. In the event of any delay, the Purchaser shall have, is addition to other legal and equitable remedies, the option of placing this order elsewhere 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 withean its fault ofnegligence, such acts of God, acts ofeivil or military authorities, governmemid priorities, fir, strikes, flood, epidemic,, wears or rims pmvided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first mecivcd knowledge thereof. In the event of any such delay, the date of deliveryshall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller wartunts that all goods, articles, materials 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 cam and compel race in accordance with accepted standards for work of a similar nature. The Sella agrees to hold the purchaser harmless fmm any loss, damage or "Perwe which the Purchaser may suffer or incur on account of the Sellers breach of warranry. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any appl icablc warranty provided by the Set let after the date of acceptance of the good furnished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goads by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise Provided in this purchose order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamnties or guarantees, but such liability shall in no event include loss ofpmfits or loss of use. 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 any changes to the terms, other than legal terra, including additions to or deletions from the quantities originally ordered in the specifimuons or drawings, by verbal or written change order. If any such change affects the amount due or the time ofpaformance hereunder. an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in pmgres, provided that the Purchaser shall not be liable for any claims for anticipated pmfils on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goals which are the Sellers standard stock. No such termination shall relieve the Purchaser car the Seller ofany of their obligations as to any Foods delivered hae uda. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mu,t be asserted within thirty (30) drys from thedate the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller wano nts that all good sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. 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 the Purchaser harmless fmm all costs and damages suffered by the Purchnscr is a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer. or convey this order, or any monies due or to become don, hereunder without the prior written consent of the other parry, 10. TITLE. The Seller warrants full, clear and nuns trictcd title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservation, security interest cncumbmnees and claims of others. The Seller shall release the Puehiscr and its contractors ofany tier From all liability and claims of any nature resulting from the performance of -such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, offcas and employees ofsuch party. The Sellers contnetual obligations, including wamnty, shall not be deemed to be reduced, in any way, because such work is Performed or caused to he perfumed by the Purchaser. 14. PATENTS. Whenever the Seller is required In use any design, device. material or process covered by letter, patent. trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, nod shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement it any time during the prosecution or after the completion of the work. In ease said equipment. or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is crimincd, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but ouninfringing equipment or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make on assignment for the benefit of creditors, appoint a receiver or tmoce for any of the Sellers property or business, this order may forthwith be cnnccled by the Purchaser without liability. 16. GOVERNING LAW. The definition, eftemu used or the interpretation of the agreement and The rights ofall panics hercmndcr shall be consumed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in eases white the Seller is to perform work hereunder. including the services of SCIIcrs Represcntitivc(s), on the premises ofothcrs. 17. S17LLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, ind shall, in ease of any accident, cicstrtction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers mva expense and to the satisfaction of the Pumhascr. When materials and equipment are Furnished by others for installation or erection by the Seller, the Seller shall receive, unload. store sad handle same at the site and banns respovsible therefor as though such materials and/or equipment were being famished by the Scllcr under the order. 19. INSURANCE. The Seller shall. at his own expense, provide for the payment of workers compensation, including occupational disease benefits. to its employees employed on or in connection with the work covered by this purchase order. and/or to their dependents in accordance with the Imes of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited in. contractual and automobile public liability Inzumnee with bodily injury and death limits ofin Ices, S300t000 for any one person, 5500,000 for any one accident and pmperty damage limit per accident of S400,006. The Seller shall likewise require his contractors, if any, to provide for such mnrpcnsation and insurance Before any tithe Sellers or his contractors employees shall do any v ork upon the premises ofothcrs, the Scllcr shall furnish the Purchaser with a cenifieme that cosh compensation and insumncc have been pmvided. Such certificates shall specify the date when such compensation and insumncc havc bmn pmvided. Such certificates shall specify the date when such compensation and insurance expires The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGFS- The Seller hereby assumes the entire responsibiliy, and liability for ray and all damage, loss or injury ofany kind or nature whatsoever to persons or pmpertv 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 hold harmless the Purchaser and any or all of the Purchasers offrecrs, agents and employees foram and against say and all claims, losses, damages. charges or expenses whether direct or indirect. and whether to persons or property Tn which the Purchaser may ,c put or subject by reason of any act, action, neglect emission or default on the pin of the Scllcr, any of his contractors, or any of the Sellers or contractors officers, agents or employees In ease any suit or other proceedings shall he brought agninst the Purchaser, or its officers, agents or employees it any 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 rat the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or Their officers, agents or employees in such suits or other proceedings, and in case judgment on other lien be placed upon or obtained against the pmpeny of the Purchaser, or said panics in or as a result of such suits or other proceedings, the Seller will at one eausc the same to be dissolved and discharged by giving bond or otherm isc. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all Imes and regulations with regard to sdety including, but without limitition, the Occupational Safety and Health Act of 1970 and all mles and regulations issued pursuant thereto. Revised 01/2010