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HomeMy WebLinkAbout504618 CONCRETE EXPRESS INC - PURCHASE ORDER - 9124039 (11)Fort Collins Date: 03/12/2014 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 67 CHANGE ORDER 24 1 LOT EA 18,932.63 68 CHANGE ORDER 24 1 LOT EA 16,471.35 69 CHANGE ORDER 24 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 11,891.01 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute be City of Fort Collins is exempt Boom same all local taxes. Our Exemption Number is 11. NONWAIVER. 98414502. Federal Exciu Tax Exemption Certificate of Registry 84-6000587 is registered with be Collector of Failure of me Purchaser to insist upon strict pert of the terms nod moditioras hector. failure or delay m Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sutmes 1973. Chapter 39-26,114 (a). exercise any rights or remedies poovaded herein or by law, fail. m poomptty notify the Seller in the went of a breach be mccpdmce ofor payment for goods hereunder, or approval other da des, shall Out release be Seller of Goods Rejected. GOODS REIECTED due to failare to meet s,ecifimfore, either when shipped in due to defects of any of the warranties or obligations of this purchase order aced shall not be demand a waiver of any right of the damage in transit, may be reamed to you for credit and are not to as, replaced except upon receipt of wnem purchaser to insist upon sufct performance hereofor my of its rights or mourp its as an any such good, regmdlaas i atruaions ford the Cary of Fon Collins. of when shipped, received or accepted, . to any prior or subsequent default haeundeq nor shall any purported oral modification or movissian of this purchase order by the Purchaser operate . a waiver of my of the terms Inspection. GOODS are subject to be City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, u r equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorised payment on the part of she City of Foe Collins. Ilowever, it is to Is, undasmnd not FINAL Seller and the Purchaser recognize that in actual economic practice, o ercharges resulting from antitrust ACCEPTANCE is dependeral,on complelionofall applicable required inspection procedures. violations are in fact home by the Purchaser. Therstufore, for good cause and as consideration for executing this purchase other, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter Freight Teats. Shipments most be F.O.B., City of Fan Collins, 100 Wood St., Fort Collins, CO 80522, ..[ess acquired under imam] or stale antitrust laws for such overcharges relating to the particular goad or services otherwise specified on this order. Ifpermissio t is given to prepay freight and charge separately, the original freight purchased or acquired by be Purchaser pursmnt to this purchase order. bill most accomoanv invoice. Additional careen for making, will not be accented. Shipman Distance. Allen, manufacturers have distributing points in various pans of she caurttry, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted mom Invoice when shipments are made from grater dis.. Permits. Seller shall procure at sellers sole cost all necemary permiu, certificates and lirenses rmuired by all applicable laws, regulations, ONioances and rules of the sum, municipality, territory or pOliaical subdivision where the work is performed, or required by any other duly constiruted public authority having juriuliction over the work of vendor Seller fuller agrees to hold the City of Fon Collins onnlas from and against all liability and lass incurred by them by reason of an installed or established violation of any such laws, regulations, ordinances, toles and requirements. Authorization. All parties to this contract agree that the representatives am, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions shoed herein sat fort and any supplementary or additional moms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and coodltlorn proposed by seller are objected to and hereby rejoned. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery dam as noted. Time is of the essence. Delivery and perbarmana, mum Is, effected within the time muted on the purchase order and the documents atuchal hereto. No acts of be Purchasers including, without limitation, mexp,mtt of partial late deliveries, shall operate as is waawr of fix provision. 1. the event of any delay, the Purchase shall have, in addamo I. other legal artd equitable remedies. be.,tarn ofpla., this order, dsewhare and holding the Seller liable for damages. Howevrn, the Seller shall not be liable for damages as a result of delays due to couses not raeumbly foresreable which art beyond its reasonable control and without its fault of negligence. such acts of God, acts ill or military authorities, govemmrnml pnomies, fires, strikes, food, a didemies, wars or dots provided that notice of be conditions coming such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall be extended fur the period mual to the time morally lost by reason mine dewy. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this miller will conform with applicable drawings, specifications, samples aadir other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted wended 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 Occur on account of the Sellers breach of warranty The Seller shall replace, repair or make good, wirbout cost to the purchaser, my defects or faults adsang within one (1) year or within such longer period of time as may he prcsrnbal by few or by the tears of my applicable warming provided by the Seller after the date of acceptance of the goad fumished bneurder (acceptance not to be unreasonably delayed), resulting from impMml or defective work done or materials fiuntshed by the Sella. Acceptance Or use of good by the Purchaser shall not institute a waiver ofany claim order this warrmry. Except as otherwise provided in this purchase order, the Sellers liability hereunto shall extend m all damages pmximaoly caused by the breach of any of be foregoing wanmaies in guanntecs, but such babiliy shall in an 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 may make changes to legal come. by wriaen change oMer 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes 1. the teams, other than legal terms, including additions to or dele ions from the q.amitics originally ordered an the specifications or drawings, by verbal or women change order. If any such change affects the amount due or the time of performance hereunder, as equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any tame by written change amcq termirum this agrcemcm as to any or all ,onions of the good then not shipped, subject to any equitable edjmtrna. between the parties as to any work or materials then in progress provided bar the Puchaer shall not be liable for my claims for anticipated profit on the uncompleted Iranian of be good mNor work, for incidental or consequential damages, and fast no such adjustment be made in favor of be Seller with respect to any good which art the Sellers standrd stack. No such tandiralims shall relieve the Purcbuer or be Seller of my ofbeir obligations as to my good delivered hereunder. ]. CLAIMS FOR ADRISTMENT. Any claim far adjustment must he asserted within dirty (30) days from the date be damage or aermimabn is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, so[d, delivered and famished in strict compliance with all applicable laws and regulations to which the good are subject. The Seller said execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to he ncorporumd in agreements of this character are hereby incorporated hared. by this reference. The Seller agrees I. indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a maul, 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 m become due hereunder without the prior written consent of be other party. 10. TITLE. The Sella wamnu full, clear end consolidated title an the Purchmm for all equiptnenk materials, and in. ftunished in performance of this agradient, five said clear of my and all liens, restrictions, reservations, security interest mcumbrmca all claims ofathers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchase dress the Seller 10 morn nonconforming .r da&etive good by a daze an be agreed upon by the Purchaser and the Seller, all den Seller thermfter indicates its imbiliry or unwillingness to comply. the Purchaser ray muse the work to be performed by the most expeditious means available m it, and the Seller shall pay all costs associmed with such work. The Seller shall release be Purchaser and its contractors of any tier fmm all liability all claims of any suture resulting from the performance of such work. This ones shall apply even or the event of frul, of negli%mce of the any released road shall extend to the directors, officers and employees Ofsuch party. The Sit contra..] oblagmions, including warranty, shall not be deemed to be reduced, in any way, because .such work is performed or caused to be performed by the Pmch.er. 14. PATENTS. Whenever the Seller is required to am any design, device, amend so process covered by lener patent, trademark or copyright, the Seller shall indemnify and save hmmleas the Purchaser from my and all claims for infringement by reason of be use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost eapeme or damage which it may he obliged On pay by rwmn of such anGngcment at any time during be pmosamfn or lifer be 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 considde infringement ands the use of said equipment or pm is ri.piard, be Seller shall, at its own expense aced an its option, either pmcum for the Purchaser the right to confine using said equipment or pans, replace the same with substantially equal but noninfnngang equipment, or modify it so it becomes muinh—ringing. 15. INSOLVENCY. If the Seller shall become insolvent or bucks t, make an assignment for the benefit of credamrs, app.im a receiver or trustee for my of the Sellers pmpeny or business, this order may forthwith be canceled by the Purchaser without holiday. 16. GOVERNING LAW. The definitions ofteams used or the inmrpreblion Fthr agreement and the .,his .fall parties hereunder shall be construed under and governed by the laws of the State ofColumdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Rapresenmtiva(s), on thepmnises ofobers. I]. SELLERS RESPONSIBILITY. The Seller shall carry on said work al Sellers own sink until the same is fully compleard and accepod, and shall, ase of any mcident, dawctem or injury an the work an&m come ads hire Sellds final completion and acceptance, complete the walk at Sellers own expense all to the satisfaction of the Purchaser. When materials and equipment are ftunashed by sabers frr installation or erection by the Seller, the Seller shill receive, mlmd, store and handle some m the site and become taponsible therefor as though such mammals magor equipment were being bombed by the Seller number the order. I S. INSURANCE. The Seller shall, at his own expense, provide for br payment of workers compem cion, including Occupational disease benefits, an as employees employed on or in connection with be work covered by this purchase order, andsor to their dependrnu in accordance with the laws of the state in which the work is m be done. The Seller shall also carry, comprehensive Vir ml liability including, but not limited m, wondered and automobile public liabily insura.cc with bodily injury and dash limits of at lest S300,000 for any one ,room, S500,000 for any one accident and property damage lamest per accident of 5400,00C. The Seller shall likewise require his contractors, if any, to provide for such crmpmn:nion and insurance. Before any of the Sellers or his contractors employees shall do my work upon the premises of others, the Seller shall fomish the Purchaser with a certificate that such compensation and insurance have been provided. Such vindicates shall spavify the date when such compensation and insurance have been provided. Such certificate shall specify the date when such compensation and insurance expires. The Seller agrees but such compensation and insurance shall be maintained until abler the entire work is completed] and seeepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby as tames be entire responsibility all liability for any and all damage, loss or injury ofany kind or suture a whatsoseer to persons or property expect by or resulting man be execution of the work povided fen in this purchase order or N connection herewith. The Seller will indemnify and hold harmlem the Purchaser all any or all of the Purchasers efforts, agents aml employers from and against any mM all claims, lasses, damages, charges or expenses, whether direct Or indirect, and whether m persona or pmpeny m which be Purchaser may be put or subject by plamon Of any act, action, pagled, omission or default on the pan of the Seller, my of his contractors, or any of be Sellers or contractors oficem, agents or employees In case any suit or other proccedangs shall be brought against he Purchaser, or its officers, agents or employees at my time on account or by reason of any tut, ac,lon, neglect, omission or default of be Seller of any of has commences or any of its or shear officers, agents or employees as aforesaid, the Seller hereby ogees to .some the defense thereof and to defend the same at the Sellers own expense, to pay any and all cams. Gorges, shrimp, fees and.,her expenses, any and all judgments but may be incurred by or obtained against be Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obained against the property of the Purchaser, or said parties in or. a result of smh suits or other proceedings, the Seller will ar once team be some to be dissolved and discamrged by giving bond or otherwise. The Seller and his contractors still lake all safety precautions, famish and install all guards naessary for the prevention of accidents, comply with all laws and regulations arm regard to safety handball, but without limitation, be Occupational Safety and Health Act of 1970 and all ales anti moratorium issued pursuer, thereto. Revised 03,2010 System for Award Management Page 1 of 1 CONCRETE EXPRESS, INC. DUNS: 184088763 CAGE Code: 442U2 Status: Active Entity Overview Entity Information Name: CONCRETE EXPRESS, INC. Doing Business As: CEI Business Type: Business or Organization POC Name: Jessica Nuncio Registration Status: Active Activation Date: 06/03/2013 Expiration Date: 05/21/2014 Exclusions Active Exclusion Records? No SAM I System for Award Management 1.0 Note to all Users: This is a Federal Government computer system. Use of this system constitutes consent to monitoring at all times. 2027 W COLFAX AVE DENVER, CO, 80204-2331, UNITED STATES IBM v1.1466.20140121-1343 n r1,11 AITITE1 https://www.sam.gov/portal/public/SAM/?portal:componentld=66fdb602-77f6-4ba0-914a-... 3/11 /2014