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HomeMy WebLinkAbout504618 CONCRETE EXPRESS INC - PURCHASE ORDER - 9124039 (10)PO PURCHASE ORDER 912403er Page CI�/ of PURCHASE 97 24039 1 of 2 ' `t Collins This number must appear ` v on all invoices, packing sli s and labels. Date: 02/27/2014 Vendor: 504618 Ship To: ENGINEERING DEPT-MASON CONCRETE EXPRESS INC CITY OF FORT COLLINS 2027 W COLFAX AVE ENGINEERING DEPT-MASON DENVER CO 80204 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 64 CHANGE ORDER 22 1 LOT EA 216,115.50 Reconcile account numbers 65 CHANGE ORDER 22 1 LOT EA -216,115.50 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:purchasingOcfogov.00m 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 1. COMMERCIAL DETAILS. Tax exemptions. By s.tu. the City of Fon Collins is exempt tram stare and local taxes.Om Exemption Nomltan is 11. NON WAIVER. 99-0 502. Federal Excise Tax Exemption Certificate of Registry 8n-rAW587 is registered with the Collator of Failure of the Panderer m insist upon strict performance of the terms and conditions hereof, failure or delay in Inremal Revenue, Dena, Colorado (Ref Colorado Revised Station 1973, Chapter 39-26, 1I4 (a), exercise any rights or remedies provided herein Or by law, failure to promptly notify the Seller in the even ors breach, the acceptan¢ ofm paymmn for good bereuMer as approval afthe design, shall or release the Seller of Goods Rejected. GOODS REJECTED due to failure to mean spmifications, either when shipped or due to defects of any of the warranties Or obligations of this purchase order cued shall net be deemed a waiver of my night of B. damage in transit, may to resumed to you far credit and arc or in the replaced except most receipt of written purchaser to insist upon acre, pdr smmce hereof., any of its rights or remedies a, to any such goods, regaNl. inshudaons farm the City of Fort Collins. of when shipped, received or accepted, as to my prior or subsequent default hereunder, nor shall any rumored and modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terns Inspection. GOODS arc subject to the City erred 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. dilumned payment on the prat of the City of Fun Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antnmst ACCEPTANC17 is dependent upon completion ofall applicablerequired inspection procedures violations are in fact home by the Purchaser. Theretofore, for good cause and as considearioo for executing this purchase Order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tcros. Shipments most be F.O.B., City of TOO Collins, iotl Wood St., Tom Collins, CO 80522, unless acquired under federal or into anrioust lawn for such overcharges relating to the particular goad or services otherwise specified on this order. Ypermission is given Wprepay freight and charge wpamrtly, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. hit must recomoare invoice. Additional shared, for cordon will not h accented. Shipment Distance Where manufacturers have distributing points in various parts of the coumry, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Sella shall procure at tillers sole cast all accessary pem:ics, dntifica rs end license. squhed by all applicable laws, regulations, ordinances and tales Of the sure, municipality, territory or political subdivision where the work is perforated, or required by any other duly cm¢truted public authority bavingjunsdidion Over the work of vendor. Seller further agrees to hold the City of ran Collins harmles from and against all liability and lass incurred by them by adden of an asserted or established smiation or any such laws, regulation; oNinvnces, tales and requiremcns. Authorization All pubes to this contras agree that the represenon es arc, in fact, Isom fide and possess full and complete authority to bind said patties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions sated herein set forth and any supplemen.ry or additional irons and conditions annexed hereto or incorporated herein by ®ferome. Any additional or different terms and wnditions pupoued by stile, are objected to and hereby rejected. 2. DELIVIiBY. PLEASE XDVISE PURCHASING AGENT immediately ifyou rennin make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance mtun be effected within the time stated on the purclau order and the documents attached hereto. No acts of the Purchasers including, without limitation,ac«ptance ofpznial late deliveries, shall open. as a wmoorofmis primonsion. In the event ofany delay, the PumM1aser shill have, in addition m other legal and equitable armedacs, the option of placing his order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due meatuses not reasanably foreseeable which are beyond as reasonable conwl and without its fault afnegligence. such acts of God, was ofcivil or military authorities, governmental priorities, fires, strikes, Bond, epidemic, wars or dots provided last notice of the conditions causing such delay is given la the Purchaser within five (5) days of the time when the Seller Rod received knowledge therm!. In the event of my such delay, the data of delivery shall be exteMed for the period equal an the now actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, mrmals and work covered by this Order will conform with applicable drawings, specifications, samples and/or other descriptions given, will Ise fit for the moposes intended, end performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account Of the Sellers breach of warranty. The Seller shall replace, repair of make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as any be laddibed by law or by the terms ofany applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (uccepnmce not to be unreasonably delayed), resulting from imported or defidive, work done or materials fomished by the Seller. Acceptance or use offends by the Purchaser shall not institute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach crony of the foregoing warranties or guarantees, but such liability shall in no event include loss of pants or loss cruise. NO IMPLIED WARRANT Y OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. n. CHANGES IN LEGAL TERMS. The Producer may make changes o legit arms by wdnen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes a the tams, Other than legal oats, including additions to or deletions from the quantities originally ordered in the spedficnions or drawings, by vorbal or written change omn. If any such change effects the amount due or the time ofpeffomtanm hereunder, an equitable subtropical shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminale this agreement as to any or all portions of the good then not shipped, subject to any equitable adjaament between the parties as to any work or maredals then in progress provided the plot Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor or the Seller with respect to any goods which are the Sellers smndanl dock. No such termination shall relieve the Purchaser or the Seller of any oftheir obligations as to any goads delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (3o) dams from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrens neat ell goods said hereunder shall have been produced, sold, delivered and famished in strict compleme, with all applicable laws and regulations to which the goad ere subject. The Seller shall execute and deliver such documents as may be terminal ledoffer, or evidence complunce. All laws and regulations instance] 1. be incorporated in agreements of this character are hereby incorporated handed by this reference. The Seller agrees to indemnify and hold the Franchise, hamdess from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to tsanome due hereunder without the Print wmmn consent ofthe other parry. 10. TITLE. The Seller wartums full, clear and communed title to the Purchaser for all equipment, materials, and items furnished in performance Of this agreement, free and clear of any and all liens, ocamnrons, reservations, security intone., emumbrmres pad claim, of others. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. HAW Pumhaser directs the Seller to correct nonconforming or defective goods by a dare to be agreed upon by the Purchaser and the Seller, and the Sella thereafter indicates its inability or mtwillingmess he comply, the Purchaser may cause the work to be perforated by the most expeditious mean mailable to it, and the Seller shall pay all costs associated with such work. The Sella shall release the Purchaser it its oantmnors of any lies from all liability not claims of any anmre resulting farm the performance ofsuch work. This release shall apply evm in the event of fault of negligence of the parry released and shall extend to the dinwoms. aMet. and employers ofsuch panty. The Seller's co rmanne l obligations, including warranty, shall not be deemed to be reduced, in any way, because such weed is performed or caused to be petitioned by the Porchaer. In. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or mpynigM, the Seller shop indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of start patented design, device, material or process In connection with the endorsed, and shall indemnify the Purchaser for any cosq expense Or damage Which it may be obliged re pay by mason of such infringemenr al any nine during 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 constitute infringement and the use of said equipment or pan is enjoined, the Setter shall, at its awn expense and at its oplion, either procure for the Purchaser the right to continue using said equipment or pans, repine the same with substantially equal bar ... inflation, equipment, or modify it so it becomes noninfringing. I S. INSOLVENCY. If the Seller shall become insolvent or banknapt, make an assignment for the benefit of creditors, appoint a forever or trustee rot any of the Sellers property or business, this Order may forthwith be canceled by the Purehatr withom liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation tribe agreement and the rights are][ parties hereunder shall be concerned under and governed by the laws of the State ofColooda, USA. no following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the service of Sellers Represen.tivds), on the premises orations. IZ SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in u of any accident, sideburns. or injury to the work and/or materials before Settees final completion and acceptance, complete the work at Settees own expense and to the satisfaction of the P-shasd. When martriols and equipment me Furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor res though such material amber equipment were beings fished by the Seller under the order 18. INSURANCE. The Seller shall.0 his awn expense, provide for the payment of workers compensation, including occupational dsease henefis, to its employees employed on or in connection with the work covered by this product order, aedlem to their depeMents in accordance with the laws of the sort in which the work is to be date. The Sella shall alu carry comprehensive general liability including, but not limited to, cromatual and aummobile public liability insurance with hastily injury anti death limits of at least S3M." fro any one person, 5500,000 for any one accident and property damage limit per accident of S4U0J000. The Seller shall likewise mluim his corrosion, if any, to provide for such darmencention and insee. Before any of the Sellers or his contractors employees shall do any work upon the promises of others, the Seller shall fumsh the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. 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 DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to possum or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith, The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers o1T ens, agents and employees from and against any and all claims, losses, damage, charges or expenses, whether direct or indium, and whether to persons or pmtrmy on which the Purchaser may be pm or subject by reason of my act action, neglect, omission or default on the pan of the Seller, any of his contractors, or my of the Sellers or continuum officers, agents or employees. In cans, soy suit or other pmeedings shall be brought against the Purchaser, or its officers, agents or employers at my time an account or by ram n of any act, action, n,I., omission or default of the Seller of any of his corns .. or my of is or their oMcm, agents Or employees as of said the Sella hereby egret as assume the defense thereof and to defend the same at the Sellers on expense, to pay any and all cots, charges, attorneys fats and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or my of its or thew officers. agents or employees in such suits or other proceedings, and in case judgment or other lam be placed upon or obtained against the property of the Purchaser, or said parties in Or as a result ofsuch suits or other proceedings, the Seller will at once came the same to If, dissolved and discharged by giving bird or otherwise. The Seller and his contractors shall take all safety precautions, fourth and install all guard neccsary fro the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Ad of 1970 and all roles and regulations issued pursuant Hereto. Revised 03R010