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HomeMy WebLinkAbout504618 CONCRETE EXPRESS INC - PURCHASE ORDER - 9124039City of Fort Collins PURCHASE ORDER PO Number Page 9124039 1of3 This number must appear on all invoices, packing ;and labels. Date: 07/16/2012 Vendor: 504618 Ship To: ENGINEERING DEPT-MASON CONCRETE EXPRESS INC CITY OF FORT COLLINS 2027 W COLFAX AVE ENGINEERING DEPT-MASON DENVER Colorado 80204 281 N. COLLEGE AVE FORT COLLINS Colorado 80524 Delivery Date: 07/16/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price I MAX BRT Guideway Construction 1 LOT LS 8,174,833.17 Guideway/Track PER TERMS AND CONDITIONS OF BID 7332 AND AGREEMENT DATED JUNE 8, 2012 2 MAX BRT Guideway Construction 1 LOT LS 6,714,478.12 Stations/Stops 3 MAX BRT Guideway Construction 1 LOT LS 12,401,929.2 Sitework 4 MAX BRT Guideway Construction 1 LOT LS 4,467,167.40 Systems 5 CSU Expenses 1 LOT LS 128,471.00 CSU UInvoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email: purchasing@fcgov.com PO BOX 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, 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 PO Number Page 9124039 2of3 This number must appear on all invoices, packing slips and labels. Total $31,886,878.94 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fon Collins is exempt from slate and local lanes. Our Exemption Number is 11. NONWAIVER. 98-04503. Federal Excise Tax Exemption Canificate of Registry 54 6000587 is registered with the Collector of Failure of the Purchaser to insist upon stria Performance of the forms and conditions hereof, failure or delay in I enaft Revenue, Darwin, Colorado (Ref. Colorado Revised Articles 1973, Chapter 39-26. 114 pd. cxarrim any rights or remedies provided herein or by law, failure to promptly notify due Seller in the event of a breach, the scceptanre for payment for goods hereunder m approval of the design, shall not release the Seller of Goofs Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to dames, of any of the aam4mies or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in tmmit may be trimmed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict Performance ancofor any ofim rights or remedies az to any such goods, regardless instructions front the City of Fort Collins. of when shipped, received or occe,ed, or to any prior or subsequent default heremder, nor shall any purposed oral modification or rncisam. of this purchase order by he Purchaser operate as a waiver of any of the it. Inspenion. GOODS are subject to the City effort Collins inspection on amvnl. hereof. Final Acceptance Receipt of me merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTI TRUST CLAIMS. molmrized payment oa the pan of the City of Pon Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual a is practice, overcltsges resulting from antitrust ACCEPTANCE is dependent upon completion of of l uppliwble required inspection creaddres. violations are in fact home by the Purchaser. Theremfore,tforr good cause and m comideration for executing This purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereoRer FmiRd Term. Shipments marl be F.O.B., City of Fort Collins, 700 Wood Sr, Pon Collins, CO 90522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this otdec lfpermission is given to prepay freight and choice seprormly, the original freight purchased or acquired by the Purchaser pursuanuo this purcltms ordl bill must accompany across. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment anthceWham manuions Poi hodesti distributing Points roll be oftheCountry dTrain,xnice this Ifthe Purchaser and the add Seller hc,nammnfoicaingor defective, ods by a dateadmili,ress to be complyedo on by Parshme expected from the nearest distributions point to datinaion, and excess freight will be deducted from lattice when Purchaser and the work and the Salley the a, indicates its inability or unwell. it, to comply, the Purchaser shipments arc made from greater distance. may came the dark to be orfommed by the most expeditious morns available to it and the Seller shall pay all costs associated with such work. Permits. Seller shall tacum at sellers sole cost all eestavry pemdk, certificates and licences required by all ,hework applicable buns,regulations,nded.reo fired by a and roles of the state municipality, territory m political subdivision where the work is pedornaed, or required by any other duly constituted public vmhodry add a j i t i llion avef the dark in vendor Seller byficalm, yeas agrees m hold the City li Tom Collins harmless from and against all liability and loss mincurred by them by reason of an asserted or esmblisheJ violation of vny such laws, regulations, ordinances, roles hd requirements. Aullmnzmim, All pries to this contract agree that the oTomemmn,ot, are, in fact, bona Ode and possess fill and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance m the to. and wadilimas slack l Incein set Each end any supplemenmry or additional emu and conditions annexed hereto or incorporated herein by reference. Any additional or different terns and condilions proposed by seller are objected m and hereby r jotted. 3. DELIVERY. PLEASE ADVISE PURCHASING AGENT imhadionly if you cannot make complete shipment to arrive an your Promised delivery data as noted. Time is of the coo ncc. Ddivcry and performance matt be eiRncd within the time stated on the purchase order and the documents attached hero. No was of the Purchazcrs including, without Radiation, acceptance ofpmtial lam deliveries, shall operate u a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other Iegal and equimble remedies, me option i f placing his oNer elsewhere and holding the Seller liable far damages. Howcvem the Seller shall not be liable for damages as a result of delays due to causes ram reasonably farawcoble which arc beyond its reasonable control and without its fault of negligence, such gels of God, acts of civil or military authorities, governmental priorities, fires, strikes, Board, epidrnhics, wars or riots provided that notice of fie conditions causing inch delay is given to the Purchaser within five (5) days ofthe time when ibe Seller first received knowledge tbercaf. In the event of any such delay, the data ofdAw,ty shall be extended for the Rmod equal to the time aclunl ly lair by reason of the delay. 3. WARRANTY. The Seller warrants tlmd all grads, articles, materials and work covered by %is order will cunfomh with applicable drawings, specifications, samples andtor other descriptions given, will be fit for me purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar soma. The Seller agrees to hold the purchaser hotmkss from any loss, damage or expense which me Purchaser may suffer or incur on account of the Sellers breach of wmmnty. 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 temps of any applicable warranry provided by me Seller after the date of acceptance of me goods famished hereunder (acceptance not to be unaccountably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or me of goods by the Purchaser shall nod ronsiimm a waiver of my claim under this warranty. Except us otherwise provided in this purchase order, the Sellers liability hereunder shall extend a all damages pmximnmly carved by the breech of any .[,he foregoing warranties or guarantees, but such liability Shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser any she changes do legal mind by damn change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the comes, other than legal terns, including additions in or deletions from the quantities originally ordered in the spmifcatimas or Jmwings, by verbal or women change order. If any such change nllccts the amount due or the time of pmforance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wriren change oNeq mrmimm this agreement as to any or all portions of the goads Ihen not shipped, subject to any equimble adjustment between me parties as m any work or mammals Then in progress provided that me Purchaser shall not be liable for any claims for anticipated profic, 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 any goods which ore the Sellers standard stack. No such mmhimation shall relieve the Purchaser or the Seller of any oftheir obligations as to any goods delivered hereunder. ]. CLA IMS FOR ADJUSTMENT. Any claito To adjustment must be marred within thirty (30) days from the data he chance or temhin:dian is aid ererl. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and fnmidod in stria compliance with all applicable laws and ce,ulminns to which the grads are subject The Seller shall exeese and deliver mob documents as maybe required to elf tt or evidence compliance. All Imes and regulations requital to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Forbearer baamless from all costs and damages sNf ed by he Patch mcr as a or anft of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pan, scull at,. most, or convey this order, or any monies due or to become due hereunder without the prior written casem of the other parry. 10. TITLE. The Seller warrants full, clear and unrcstncmd life to the Purchaser for all equipment, materials, and items furnished in perfocomea of this agreement, Gee and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of.ahers. The Seller shall release the Purchaser and its ondoncmrs ofany tier from all liability and claims of any nature resulting front the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Seller's commensal obligations, including warranty, shall mar be deemed to be ,d v,d. in any way, because such work is perfommN or caused m be pnRanded by Ibe Purchase, 14. PATENTS. Whenever the Seller is required to use any design, desire, material or process covered by kuer, Indoor, hoodic rk eopyrighq the Seller shall indcmni fy and save harmless the Purchaser from any and all claims far inGmmuct t by reason of the me of such patented design, device, material or process in connection with the cpmmd and shall indemnify the Purchaser for any cost. expense or damage which it may he obliged to pay by macon of such infringement at any time during the prosecution or alter flit completion of the work. in case said equipment, or any pan thereof or the imanded we of the goods, is in such suit held to constitute infringement and the we of said equipment or pan is enjoined, the Seiler shall, at its awn expense and at its option, either procure far 'he Purchaser he right or combine to, said equipment or pans, replica the same with aubsmmimly egml but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a or tome for any of the Sellers Property or business, this order may fimin,ah be canceled by the Purchaser wilhoat livbllily. 16. GOVERNING LAW. The definition for. meJ or he interpretation of me agreement and the rights of all pries hereunder shall be camhued under and governed by the laws of me State ofColomdn, USA. The faliassing Additional Conditions apply only in cases where the Seller is to Perform work hereunder, including the services of Sellers Represcradoe(s), on the premises ofo hers. IT SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk dam the same is fully completed and accepted, and shall, in e of any accident deshuction or injury to the work andlor materials before Sellers final completion and cceptance, complete me work an Seller's own expense and to the satisfaction of the Purchaser. When wourvils and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, m store and handle coe at the site and become responsible ❑m tam as though such materials -&a, equipment were bean, famished by the Seller under the order. IS. INSURANCE. The Seller shall, at his and e,,dadw, provide fur the payment of workers camprmmiun, including occupational disease benefits, to its employees employed oa or in connection with the work covered by this purchase order, andcor to their dependents in accordance with the laws of the stare to wbielt die work is to be done. The Seller shill also carry comprehensive General liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least 5300,000 for any one person, 5500,000 for any one accident and property, damage limit per accident of 5400,000. The Seller shall likewise require his ronmeion, if any, to provide for such compensation and insumme. Before any of the Sellers or his commchum employees shall do any work upon the Friends. of others, fire Seller shall famish the Purchaser with a candidate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insumnee have been provided. Such e,dificata shall specify the date when such compensation wad insurance expires. The Seller aims Char such eompenomma and insurance shall be maintained until after me ,mire work is completed and wom,md. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assnmcs the cadre responsibility and liability factory and all damage, loss or injury fday kind or nature whamnever to per or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indennri fy and hold bznnless the Purchaser and any r all of the Pnrcbasers of leers, agents .and employees Gom and against any and all cmims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, actian, neglect omission or default on the port of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees, In case my suit or other proceedings shall be brought against the Purchaser, or its olTcers, agents or employees at any time on account or by reason of any act, action, neglect, omission or defull of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Scher hereby agree to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, mtomeys fees and other expenses, any and ail jud,mems thm may be incurred by m obtained against the Purchaser or any of ik or their olTcers, agents or employees in such was or other proceedings, and in case judgment or other lien he placed upon or obtained againt the properry of the Purchaser, or said parties in or m a result ofsuch suits or other proceedings, the Seller will at once cause me same to be dissolved and discharged by giving bond or oihcnvise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of Bade w, romply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safelyand Health Ace of 1970 and all roles and regulations issued Persian, theta. Revised 032010