Loading...
HomeMy WebLinkAbout504618 CONCRETE EXPRESS INC - PURCHASE ORDER - 9124039 (6)Fort Collins Date: 01/07/2014 Vendor: 504618 CONCRETE EXPRESS INC 2027 W COLFAX AVE DENVER CO 80204 PURCHASE ORDER PO Number Page 9124039 1o13 This number must appear on all invoices, packing slips and labels. Ship To: ENGINEERING DEPT-MASON CITY OF FORT COLLINS ENGINEERING DEPT-MASON 281 N. COLLEGE AVE FORT COLLINS CO 80524 Delivery Date: 07/16/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price 52 CHANGE ORDER 19 1 LOT EA 8,731.40 53 CHANGE ORDER 19 1 LOT EA 27,556.20 54 CHANGE ORDER 19 1 LOT EA 2,935.00 55 CHANGE ORDER 19 1 LOT EA 1,921.66 56 CHANGE ORDER 19 1 LOT EA 27,195.04 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER PO Number Page 9124039 2o13 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Condit ons Page 3 of 3 1. COMMERCIALDETAILS. Tax exemplions. By samm the City of Part Collins is exempt from slate and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-4000589 is mgistered with the Collator of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Inummal Revenue, Denver, Colorado (Ref, Colorado Revised Staten 1973, Charlie 39-26, 114 (a), exemile any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a branch, the acceptance of or payment for goods hereunder or approval of the design, shall nut release the Seller of Ga.& Rejected GOODS RD ECTED due m failure In meet sped ficaions, either when shipped or due m defects of any Of the warranties or obligations of this purchase order and shall not d deemd a waiver of any right of the damage in Tonsil in, be rumored 1. m, fur credit-iamnet la be repluceA except upon receipt of wr,O,, purchaser m insist upon strict perennance lerinfor any of its rights or remedies as to any such pods, regardless instructions from the City at Fart Collins. of when shipped, rarrived or accepted, as no any prior or rp subsequent default hereunder, nor shall any puosed oral modification or rescission of this purchase order by the Purchaser opium, vie a waiver of any of the men Inspection. GOODS am el M to the City of pas Collins inspection on armed. harbor Final Acceptance. Receipt of the merchandise, services r equipment in m,,. to this order ca ,,a], in 12. ASSIGNMENTOF' ANTITRUST CLAIMS. anduin,ed payment on the pas of the City of Fas Collins. However, it is to be understood that r FINAL Seller and the Purchaser recognize that in octant consomme procure, o ercharges remising from antitmn ACCFTI'ANCE is dependent upon compIct ofall upphrablu regnbed inspection prneedorn violations Eire in fact home by the Purchaser.Tlereluforc far agood cull, and as caondealioe for executing this purchase ender, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms . Shipments man be F.O.B., City of Pan Collins, TW Word St,, Fos Collins, CO 80522, unless acquired under federal or sate antitrust Iaws for such mxndsom s relating a the lame.]., goods or services otherwise speeificid on this order. If permission is given to prepay freight and chmgc separately, the original (repel purchased or acquired by the Puahsser pars... or this purchase mo OR must accompany immice. Addumard charges far packing will runt W accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Wheremnufaclums have distributing points in us pans of tem hcme mry, shipmnt is If the Purchase, of 1no h rofom ..., the Seller eartunn,in, or deftdgo ive ods by a date to be agreed upon by .be expected boo the nearest dioribuben point ft to denalion, and excess frcl,ht will he dmacted in Invoim when Too,heerand @eSclle, and the Seller thereafter indiaaes its inability or unwidfnguess to comply, the Purchaser shipments arc nude f..... enter distance may cause the work 1. be performed by the most expedhion, means available to it, and the Seller shall pay all costs associatd with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, cerifiuns and Geeases egai,ed by all applicable Inwn, regulations, odinanres and rules of the sure, mnnicipaliry, territory or political subdivision where the work is performed, or required by any other duly olunimmd public authority havingjudmicamer over, the work of vendor. Set let hmher agrees to hold the City of Pas Collies hornless Gain and almost all hand lly and loss incurred by Iheir by reason of an assent or established violation Of any such Iaws, regudamens, ordinances, tales and reymnements. Authonzntion. All parties to this contact agree has the m,mrsenutives are, in fat, boon fide and passers full and omplem authority no bind said panics. LIMITATION OF TERMS. this Purchase Order expressly limit., acceptance to the terns and conditions stated boremit limb and any ni,mplemenmry or additional tame, and conditions annexed hecto or ineomirahvl herein by inference. Any additional or different temp and conditions licensed by setter arc obj,,,ad m and hereby rejected I. DELIVERY, PLEASE ADVISE PURC14ASING AGENT immediately if you commit rake complete shipment to arrive mo your promised delivery date as noted Time is of the essence. Deliveryand performance must be effected within the time stated nn ,he porches, order and the doennsnma attached here.. No acts of the Purchasers including, without limiunian, arcepmance of partial laic deliveries, shall aro rate as a warner Orlin, poo,,ian. In the event crony delay. the Purchaser shall have, in addition to other legal .and equitable mnedles, the onion Of placing ibis order elsewhere and holding the Seller liable for damages. Flow ..r, the Seller shall not be liable for damages as a resell of delays due to parkas not reasonably foreseeable which are beyond its reasonable cantml and without its fault of negligence, such acts of God, or. ofrivil we military andis rities, gm'emmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller ffn, obvived knowledge themamf. In the event of nny such dday, the date of delivery .,ball be extended far the penal equal fo 11e time actually lost by reason of the delay. 3. WARRANTY. True Seller w o run. .ism al l goo&, asides, materials and work mound by this order will conform with applicable drawings, specifications, samples and/or Other descriptions given, will be fit for the purposes intended, and perCo reed with the highest degree of care end competence in accordance wish accepted standards for work of a similar n.mrc. The Seller agrees 1. hold We puahawr hamdc,s from any lass, damage or expense which the Purchaser may suffer or incur on account of f a, Sellers breach of warranty. The Seller shall replan, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer proud of time as may be pmem bed by law or by the terms of any applicable warren ry pmvideJ by the Seller Be,athe date of acceptance of the gee& famished hereunder (acc,ptance no, to be unmaso.bly delayeek reeling from imperfect or defective work done or materials fumlshed by the Seller. Acceptance or use of goods by the Purchaser shall not onstitute n w dyl,r of any plaint under Ihis war.my. Bereft as otherwise provided in Ibis futrhase ondcq the Sellers liability hereunder shall extend to all damages nocturnally causeof by the breach of any of the foregoing wasamfes or g.mmees, but such liability shall in no even, include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILI I Y OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL T ERMS. The Purchaser may make changes to legal terns by written change order. A Cl I ANG ES IN COMM EIiC1Ah TERMS. The Purchaser may make any changes to the more, other than legal more, including additions to or deletions from me ....mimics anomaly mitered is Bob specificetiom, or drawings, by card I or written change order. If any such change affects the amount due or the time of performance hereunder, an bell adjunmem shall Ix made. 6. TERMINATIONS The Purchaser may at any tins by 0then change order, terminate has agreement as to any or all potions of the goads then not shipped, subject to any equitable adjustment behmen the posies as to any work or maenads then in pmgraw Provided Na the Purel ou, shall no, be liable for any cairns for anticipated profits on ,be unsmumh rM prompt, of the goods andor work, for incidental or consequential damages, .d that no such adjmtment be made in favor of the Seller with respect n any goods which am the Sellers standard stock No such termination shall ophavee the Purchaser or the Seller orally of their obligations u to any goods delivered hereunder. Z CLAIMS FOR ADJUSTMENT. Any claim for adjunmem, oust be ....card within thirty (30) days from the rNle the change or monimman is .memo. 8. COMPLIANCE WITH LAW. The Seller warrants that all g,.wb sold hereunder shall have been IaoWecd, .to, delivered and famished in strict Iompliance wish all mplicnble laws and regulations to which the goods are subject The Seller shall execute and deliver such domince s as miry be required In effect or evidence compliance. All laws and regulations required to be ncogwmmd in agreements of this character are hereby incorporated herein by this reference. The Seller agrees no indemnify and hold the Domhsser drmins from all costs and damages suRend by the Purchser, as. result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, tmnsfeq or convey this order, or any ninnies due or to become due hereunder without the poor written consent of the other parry. 10. TITLE. The Seller we.. full, clear and unrestricted title or the Purchaser for all equipment, mmmals, and items fumishd in performance of this alm mein, five and clear of any and all Iran, restrictions, reservation, security interest encumbrances and claims of others. Lou Seller shall release the Purchaser and its contactors of any tier from at I liability and claims of any .lure resulting from the performance of such work. This release shall apply even in the event of fault of regl imuce of 16, party released and shall extend In the dfrecmrs, officers and employees of such party. The Sellers commented obligations, including warranty, shall not d deemed to be mfuced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PA TENTS. Whenever the Seller is required to rose any deig, device, material or pne<xx covered by letter, patent, tail or <op3b ht, @, Seller sImIl indemnify and Save harmless the Purchaser from any and all claims for infngement by reason of rise use of such parented design, device, material or proceas in co.ection with the compact, and shall indemnify the Purchaser for my cost, expense or damage which if may be obliged to pay by reason oRuch infringement al any time during the pmsabourn or after the completion (if the work. In case said equipment, or nny pan thereof or the intended toe of the goads, is in such not held m conslfmm infringemenl and the use of saki cgnfpment or plan is enlamed, the Sewer shall, d its awn expense and at it, option, either procure for the Purchaser the right to continue using said equipment ar pans, replace fire urge with mlawantially equal bill noninfdnging egaipmeni. or modify it so it becomes noninGnging. 15, INSOLVENCY. If the Seller shall become insolvent or bankmpt, make an usimunint for the benefit of creditors, appoint a receiver ar trustee far any of In, Sell... property or business, this order may farthwhh be canceled by the I'urchamr without liability. 16. GOVERNING IAW. The remounts aromas aal or the imerpretatlon ofthe agreement and the rights ofallp Dies hereunder shall be consumed under and governed by the laws ofthe State ofColoado, USA. Ilie following Addidonul Condition apply only itmcases where the Seller is to perform work hereunder, including me services of Sellers Represeoution G), Onhe uporm, ofothers. 1 T. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, e of any accident, destruction or injury to the work an&., materials before Sellers final completion and aceptance, complete the work at Setters own expense and to the onifa pion of the Purdntser. When materials and equipment are famished by others for installation Or crecfian by the Seller, the Seller shall receive, inland, store and handle same at the site and become responsible ,herefor as though such materials and/or equipment were beingfamished by We Seller under the order. IS. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on Or in tnnnemian wish the work covered by flux puredse under, and/or mot their dependents in accordance with the laws (it the state in which the work is to be done. The Seller shall elm carry amnpnherson, general liability including, but be, limited fe, monarchal and and mobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, 5500,000 for any .he accident and property damage limit per accident Of 5400,000. The Seller shall likewise nquim his amramun, irony. to provide for such compensation and insurance. Before any of the Sellers or his contractors cnployees shall do any work upon the premises mothers, the Seller shall Finnish the Pnrclyrser with a certificate flue such compensation and insurance have been provided. Such cesifenes shall specify flue date when such compensation and insurance have been provided. Such certificates shall specify the dam when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the and ire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENUS AND DAMAGES. 'lle Seller bunchy nssemn the entire responsibility and liability for any and Idl damage, loss or injury of any kind whatsoever. 'ersonnes on property cased by or resulting from the execution ofthe work provided for in this purchase order or in cormection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agents and employees from .d ai any and all claims, losses, damages, charges or expenses, asheher direct or indirect, and whether to persons or property m which the Purchaser may be put or subject by reumn of any act, action, neglect, omission or default on the pan of the Seller any of his ammeters, or any of the Sellers or contractors officers , agents or employees. In a y suit Or other nrneredings xhill be brought again. the Pacdser, on is officers, agents or employees at try my time on acaonm or by reason of any ea, action, neglect, omission or default of the Seller of any of his control or any of its ar their officers, agents or employees as aforesaid, the Seller hereby alarm to assume the defense thereof and m defend the same.1 the Sdkrs V. expense, to Pay my and all costs, charge. moral fees aM of eepensn, any .d all judgmens that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits o, other proceedings, and in case judgment or other lien be placed upon or obtained a..in,, he properly of the Purchase,, or said panics in or as a result of such sous or Other procealinIs, the Seller will at once cause the snme In be dissolved and Aiscludged by giving bond or otherwise. The Seller and his contractors still take .1I safety preeautleas, furbish and install all .tits necessary for the ....mien of accidents, comply with all laws and regulations with regard to safety including, but without limiation, the Occupational Safety and Health Act of 1970.d all rules and regulations issued pursu.rthento. Revised 00010 System for Award Management Page 1 of 1 CONCRETE EXPRESS, INC. - --- —_ DUNS: 1MOM763 CAGE Code: 442U2 Status: Active Entity Overview Entry Information Name: CONCRETE IX RESS, INC. Doing Business As: CEI Business Type: Business or Organ ualoon POC Name: Jessica Nuncio Registration Status: Active Activation Date: 08/03/2013 Expiration Date: 05/21/2014 Active Exclusion Records] No SAM Isyabm br Awartl W npuwrrt I.e Note to all Users: This is a FMeral Government computer system. Use of this systen "Mt. consent m mnitonn9 at all lines. ---_--- 2027 W COLFAA AVE DENVER, CO, 80204-M31, UNITED SFATES IBM v1.1425. 20131220-1428 WWW4 ® ® ��11.gW 9 https://www. sam.gov/portal/public/SAM/?portal:componentld=66fdb6O2-77f6-4baO-9l 4a-0... 1 /6/2014