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HomeMy WebLinkAbout504618 CONCRETE EXPRESS INC - PURCHASE ORDER - 9124039 (9)City of Fo_rt Collins Date: 02/28/2014 Vendor: 504618 CONCRETE EXPRESS INC 2027 W COLFAX AVE DENVER CO 80204 PURCHASE ORDER PO Number Page 9124039 1of2 This number must appear on all invoices, packing sli s 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 UOM Unit Price Extended Ordered Price 66 correct dollar amount for change order 15 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 EA 0.40 Total 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. COMMERCIALDEfAIIS. Tax exemptions. By statute the City of Pon Collins is exempt tram state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Sutures 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in vamit, Only be coumM to you for credit and ate not to be replaced except upon receipt of tyrant instruction from the City of For Police. Inspection. GOODS me subject to the City of For Critics inspection on arrival. Final Acceptance. Revered of the merchandise, services or equipment in response to this order can result in Outhonked payment oa the pan Of the City of Fort Collins. However, it is ro be understood that FMAL ACCEPTANCE is dependent upon completion ofall applicable requi d inspection procedures. Freight Teens. Shipments must be CCU,, City of red Collins, 700 Wood St, port Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight Emit charge sepmmely, the original freight bit I must accompany invoice. Additional charges for,sucking will not be accepted. Shipment Distance. Where manufacturers have distnburing pains in various parts of the country, shipment is expected form the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater dormice. Permits. Seller shall procure at sellers sole cost all nacssary permits, certificate and licenses required by all applicable laws, regulations, ordinances and rates of the sum, municipality, temtory or political subdivisions where are work is performed, or required by any other duly constituted public authority having3unsdictim over the work of vendor. Sella further upoes to hold the City of Fort Collins hmmlues from ail against all liability aM loss incurred by stem by memo of an nssenN or established violation of any such lases, regulations, ordinances, rates and requieemens. Authonration. All parties On Nis contract agree that the reprmarmliyes are, in fart. bona Fite and possess full and exmplme maturity to bind said parries. LIMITATION OF TERMS. This Purchase Order expressly limits acertemou to the toms and conditions stated herein set forth and any supplementary or additional gems and conditions aanexrd hefeto or inemoneford herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby miented. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment 1r amve oa your promised delivery date as noted 9ime is of the essence. Delivery and performance must be effected within he time stated an the purchase order and the documents aluclned hcrcto. No acts of the Purchasers including, without latitudinal, "orkance of pnrlinl late deliveries, shall operate or a waiver of this pavilion. In the event crony delay, the Purchaser shall have, in addition to other legal and equitable remedies, the Option of placing this order elsewhere and holding the Seller liable for th.agd. However, the Seller shall not be liable lot damages as a result of delays due to ceases not reasonably foreseeable which are beyond its reassemble control and without its fault of negligence, such acts of Ged, acts of civil or military authorities, governmental pnonties, Ores, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to Be Purchaser within five (5) days or the time when the Seller first received knowledge Hereof in the evenI of any such delay, the date of delivery shop nd exterde l for the period equal to the time actually lost by mown of the delay. 3. WARRANTY. The Seller wamans that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples action other descriptions given, will be fit fin are purposes intended, and Performed wit are highest degree of rare and competence in acordme,e with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser hansom from any loss, damage or expense which are Purchaser may safer or lira on account of the Sella breach of ooli . The Seller shall replace, repair or make good, without cost to the purchaser, any defats or faults ansing within one (1) year or within such longer period of time as may he prescribed by law or by the lams of my applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be, unreasonably delayed), resulting from imperfect or defective work done or materials f misted by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sella liability hereunder shall extend in all damages proximately caused by the breach of any of the foregoing warromars or guarantees, bat such liability shall in no event include loss affinities or loss of use. NO IMPLIED WARRANTY OR MERCI IANTABI I.ITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CI IANGES IN LEGAL TERMS. The Purchaser may make changes to legal arms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the fears, other Nan legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperformame hereunder, an equitable adjustment shall be trade. 6. TERMINATIONS. The Pumhnsm may many time by woven change order. terminate this agreenmnt as to any Or all ponioos of the goods arm not shipped. subject to any equitable adjustment bdxeen the parties Or to any work or materials Nea in progress provided that are Purchaser shall not be liable for any claims for anticipated puffs on the uncompleted Portion of the gaud maker work for incidental or consequential damages, and that no such adjustment to made m favor of the Sella with aspect to my good which an, Ne Sellers standard stock. No such remrirarion shall relay, the Purchases or he Seller fany oftheir obligations as many goad delivered hereunder. y. CLAIMS FOR ADJUSTMENT. Any claim for adjustmem all be asserted within Niny (30) days for he date the change or mrminalien is ordered. 8. COMPLIANCE WIq'H LAW. The Seller wnum. that all grinds sOld hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations 1. which the goods are subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations squired to be ncoryomled in agreements of this character are hereby incorporated herein by this reference The Sella agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither panty shall assign, transfer, or army this order, or any monies due or to become due hereunder without the poor wrivm consent of the order party. 10. TITLE. The Seller wormers full, clear and mandaicted title in the purehuer for all equipment, mmcaah, and items famished in peifurnme,< of Nix agreement. f and clear of any and ail liens, restrictions, resrnad., seranty advrtst encumbrances and claims ofoNers. I I. NON WAIVER. Failure of the Purchaser to insist upon strict per( rice of the terms and conditions her of, failure or delay to any rights or r¢cs provided herein or by law, failure to promptly netify the Seller in the wens of a breach, mdi the acceptance Of., payment for geeds hereuvdn or approval of re design, shall act talease are Seller of any of the xvranfird or obligations of this purchase order and shall not be deemed a waiver of any eight of the purchand to insist upon shirt performance haeofor any of its rights or exmedies as to any such goods, bloodless of when shipped, received or accepted, as m any prior or turnaround default hereunder, nor shall any purported oral modification Or etsdssion of this purchase maker by the Purchaser operate as a waiver or any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from amltrast violations art in fact Franc by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or herea d acquired under federal or any antitrust laws for such overcharges relating to the paricular goods or services purchased or acquired by the Purchaser pursuant o this purchase order. 13. PURCHASERS PERFOR MANCF. OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability Or unwillingness to comply, the Purchaser may youre the work 10 be performed by the most expeditions means available to it, and the Seller shall pay all costs associmed with such work. The Seller shall relwse arc Purchaser and its contractors of any tier from all liability and claims of any nature resulting form the pcafomtance of such woA. This release shall apply wen in the event of fault of negligence of the pony released and shall extend re flue directors, offcm and employers afnuch party. The Settees contractual obligations, including wammty, shall not be dinned to b, reduced, in any way, because such work is performed or caused to nd performed by the Purchase. 14. PATENTS. Mducer the Sella is required to use any design, device, material or process covered by Idler, paint, 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 parceled design, device, material or process in connection with the caotram, and shall indemnify the Purchaser for any cost expense or damage which it may be obliged to pay by reason ofsuch infringement at any time dorm, the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to canstiNm infringement and the use of said egopnecal or pan is enjoined, 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 more with cal s actially equal but noninGnging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Sella shall become insolvent or bankmpt, make an assignment for the hendt Of creditors, appoint a or nustee for any of the Sellers property or business, Nis order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terns net or the interpretation ofthe agreement and the rights craft parties hereunder stall be comom ed under dual govcmcd by the laws ofthe State ofColomda, USA. The following Additional Conditions apply only in raves where By Sella is to perform work heremdeu including the services ofShcdx Representownes), on the premises credi . 17. SELLERS RESPONSIBILITY. The Seller shall can on said work in Sellc is awn ask mail the same is fully completed and accepted, and shall, in se of any accident, destmnion or injury to an, work and/or materials before Shcds final completion and acceptance, complete the work at Seller's own expense and bate satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shill receive, unload, same and handle same at the file and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his non expense, provide for he 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 deperoms in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, commetual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one, persmr, $500,000 for any one accident and property damage limit pa accident of S400,000 The Seller shall likewise require his contractors. Hong, to provide for such compensation and insurance. Bef any of the Sellm or his contactors employers shall den any work upon the premises artifacts, are Seller shall famish the Purchase with a certificate that such compensation and insurance have bast provided. Such certifwaes shall specify the date when such mpasxtion and insurance have been Provide. Such denaturants shall specify the date when such compensation and insurance expires. The Seller agrees and such compensation and insurers, shall be mainained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby areareact are entire responsibility and liability for any and all damage, loss or injury crony kind or nature whatsa ver to persons or property caused by or resulting form the execution of the work provided for in this purchase order or in connection haewidu The Seller will indemnify and hold harmless the Pu¢hascr and any or all of the Purchasers Officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to Pecans or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or tiny of the Sellers or contractors officers, agents or employees. In c.ese any suit or other proceedings shall be brought against he Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, ardeel, omission or default of the Seller of any of his contractors or any of its or their ORcer , agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same in Sellers own expense, to pay any and all cosy, charges, i nomeys fees and other expenses, any and all judgments that may he incurred by or obtained against the Purchase or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be place upon or obtained against the progeny ofNe Purchaser, or said parties in or as a cult of such suits or other pmceNings, the Sella will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shill take all safety prtcamims, finish and instill all guards necessary, f the prevention of accidents, comply with all laws and regulations with Mind to safety including, but without limitation, the Occupational Safely and Health Act of 1970 and all rules and regulations issued parsuom thereto. Revised 034NNO