HomeMy WebLinkAbout504618 CONCRETE EXPRESS INC - PURCHASE ORDER - 9124039 (12)of
FOCity. Collins
Date: 04/11/2014
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
70
71
change ineligible
busniess unit
15X01 \
-5,993.19
Hi John, on Change Order #24 for Concrete Express ($47,294.99), there was a portion of that change order that
needed to be charged to the ineligible business unit instead of the BRT project accounts. The addendum was
issued on 3-12-14. Can you please make the following adjustment on PO#9124039:
Reduce 400903220.563040.90 (5,993.19)
Increase 400903290.563040.90 $5,993.19
1 think we are setting a record on PO adjustments, ha.
Thanks
change ineligible
busniess unit
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.mm
1 LOT EA
5,993.19
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. COMMERCIALDETA1LS.
Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is
I L NONWAIVER.
98-0 502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is m, is,rd with the Callamf of
Failure of the Pardoner b insist upon strict performance of the terms and conditions hereof, failure m delay or
Into=[ Revenue, Dons, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, I IC (a)
excrcire any rights or roomier provided herein or by law, failure to p."I, notify the Sella in the an of a
breach, the areptance of ar payment for goods herepme+or approval ofthe design, shall not release the Sella of
Goods Rejected. GOODS REJECTED d« to failure to mat specifications. either when shipped or due to defeas of
any of the warranties or obligations of this purchase order and Hull not be domed a waiver of any right of the
damage in transit may b, retumod to you for credit and art not to be replaced except upon mequ of women
part ccom to insist upon strict perfarmmuc hereof or any aids rights or remedies as to any such goods, regardless
instructions firma the City offal Collins.
of when shipped, received or acceptor, a i many prior a subsequent default hemunAer, nor shall any purposed
am[ modification or rescission of this purchase order by the purchaser operate as a waiver of any of the terror
Imposition, GOODS are subject to the City of Fos Collins iteration on comical.
hereof.
Final Acceptance. Receipt of the merchandise, savices or equipment in response to this order can t esult in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of be City of Fort Collins. However, it is to be understood farFINAL
Seller and the Purchaser recognize that in actual a m is practice, overcharges resulting Toantitrust
economic
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violations are in fact home by the Purchaser. Theretofore goal 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 hereafter
Freight Tom,. Shipments must be FOB., City of To. Collins, 700 Wood St, Fort Collins, CO 80522, unless
acquired under federal or slate ani itmst laws for such overchages relating to the paniculm goods or services
otherwise specified on this mile, Ifperroo,on is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant to this purchase order,
bill most accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing points in various parts of the mummy, shipment is
Ifthe Purchaser directs the Seller to cmrett moconfotming or defective goods by a&te to be agreed upon by Ore
expected from be nearest distribution point to distinction, and excess freight will be deducted from Imoice when
Purchaser and the Seller, and the Seller thwarter indicates its inability or unwillingness to comply, be Pacbmw
shipments are made fmm greater i ismnce.
may ause be work t. Is, pormsmm by the most expeditious means available to it and the Seller shall pay all
casts associated with such work.
Permits. Seller shall procure at sellers sale cost all via., permits, compares and )it— mounted by all
applicable laws, regulations, admire, and tales of the slat, municipality, territory or political mbdivision whom
the work is performed, or requital by any other duly constituted public authority having jurisdiction over f work
of vendor. Sella further arms m hold the City of Fos Collins harmless fmm and against all liability and loss
neural by them by . of on asserted or established violation of any such laws, regulations, adirunces, tales
and requirements.
Authorization. All panics to this contract agree that the representatives am, in fact, bona fide and pzaxss full and
complete authority to bind said posies.
LIMITATION OF PERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set fish and any supplementary or additional terms and conditions annexed hereto or man,aread herein by
remmice. Any additional or differentter s and conditions proposed by seller are objected to and hereby rejawd.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immurisely if you cannot make complete shipment to arrive on your
promised delivery date as noted, lime is ofthe essence. Delivery and performance most be effected within the lime
stated on the purehau order and the documents attached harem. No acts of the Purdtasers including, without
limitation, acceptance of pariah late delivma, shall opemte as a waiver Mthis provision. In the on, army delay,
the Purchaser shall have, in addition to other legal and equitable remotion, the option of placing this order elsewhere
and holding be Seller liable for damage. However, the Sella shut) not be liable for damages as a recall of delays
due m clams not ressu.My foreseeable which me beyond its reasonable comml and without its fault ofnegfgam,
such acts c fGod, as ofrivil a military as carries, govemmental priorities, fires, wises, Rood, Ridemics, wars or
riots provided that ..ties of the eamilarm causing such delay is given to the Fundament within five (5) days of the
rime what be Sella first received knowdedge thereat In the went of any such delay, the date of delivery shall be
extended fed the proud equal m the time aaalty Itet by moon ofthe delay.
3. WARRANTY.
The Sella warrants that all goads, etudes, materials and work covered by this order will conform with applicable
drawings, speci0ations, samples and/or other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
mile natum. The Sella 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 waranty. The Sella shall replace, repair or make
goal, without cost a the purchase, 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 terms assay applicable warranty provided by the Seller oiler the date of
acceptance of the goods fumishad hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials burnished by the Seller. Acceptance or use of goods by the purchaser shall not
onsolum a waiver of any claim under this warm try. Except as mherwire provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by fe breach of any of the foregoing warranties
or guamntces, but such liability shall in an event include lass of profits or loss of tam. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by wrmm change order.
5. CHANGES IN COMMERCIAL TERMS.
Tar paramour may make any changes b tM Wors. other Jun legal temu, including additimm to or deletions from
the quantities originally ordered in the specifications or drawings, by verbal a wro en change orda. If any such
change affects the amount due or the time of performmux hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by women change order, terminate this agreement as m any or all portions of the
gouda then not shipped, subject to any amiable, adjustment between the ponies as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticlpmed profs ou 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 to any goads which are the Sellers standard slack. No such termination shall relieve
the Purcha it or the Sella of any of their obligations as to any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be assened within thing (30) days from the date the change or termination u
orderL
8. COMPLIANCE WITH LAW.
The Sella waram that all goods sold hereunda shall have been produced, said, delivered and fumished in wool
compliance with all applicable laws and ngelatiom m which the goods are subject The Seller still examine and
deliver such do spars s as may b, required to effect or evidence compliance. All laws and regulations contained to b,
aomoratc l in agreements of this chmater are hereby uncommitted herein by chi, o fmaas. The Sella agrees or
Indemnify end hold the Purchaser Inless farm all toss am damages surfaced by the Puuchaser ss a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither Early shall session, n, mature, or convey Its order, or any monies due or to Factor due b cconda without the
Friar written consent afthe be, pony.
10. TITLE.
The Seller warrants full, clear sad uurescricted title to the Purchaser for all equipment, mutmals, and items fumished
at prrfummnce of this agreement, free and clar of any and all liens, restrictions, reservations, security interest
encumbrances and claims of others.
The Sella shall release the Purchaser and its contormas of any lift form all liability and claims of any name
resulting from the pelf ofsucb work.
This releae, 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 pasty.
Th<Sellers contractual obligations, including wartznty, shall not be domed to be reduced, in any way, became
such work is performed or caused to be performed by be Purchaser.
IC PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark
in copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by ream of the use of such patented design, device, material or process in connection with the contract, and
shall indemnify the Purchaser for any cast, expense or damage which it may be obligor to pay by reamn of such
infringement at any time during the prosecution or after the campletion of the work. In case said equipment, or
any part thereof of the intended use of the goads, is in such suit held to constitute infringement and fe use of
said equipment or part is enjoined, the Sella shall, at its own expense and at its option, either procure fed the
Purduott the right to routesn, using said equipment or pans, replace the same with substantially egmi but
naninfringing equipment. a modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insalvent or bankrupt, make an migm«nt for the benefit of creditors, appoint a
receiver or comae for any of the Sellers property or business, this order may forthwith be led by We FormoFormosanrtan without liability.
16, GOVERNING LAW.
The definitions of terms used or the interpretation of fc ngmcment and the rights of all parties hereunder shall be
minimal under and go,.cd by the laws Mthe Scam of Colorado, USA.
The following Additional Conditions apply ouly in cases where the Sella is to perform work hereunder,
including the services of Sellers Representative(s), on the premises ofmhers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own ask until the more is fully completed aad coveted, and shall,
in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and
acceptrow, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials
and equipment art fumished by others for installation or erection by the Sella, the Seller shall receive, unload,
store and handle same at the site and become responsible therefor as though such mearials and/or equipment
were ban, f i,hm by the Seller wdo, the order.
18. INSURANCE.
The Seller wall, at his own expense, pmvidc for the payment of wakers wmpensatiom including occupational
disease benefits, to its employees employed on or in connection with the work coveted by this purchase order,
roMrar to their depemmts in a«rdance with the laws of the state in which the work is to be done. The Seller
shall also arty comprehensive ge«col liability including, but not limited on. contactual and automobile public
liability insurance wins bodily injury and dark limits of at loot $3o0,000 for any ore person, 5500.000 for any
one
accident and property damage limitpar a pcident of S400,000. The Seller shall likewise rapine his
contractors, Want, to provide f« such compensation am insurance. Before any of the Sellers or his contractors
employees shall do any work No the premises of others, the Seller shall famish the Purchaser with a certificae
that such compensation and announce have ban provided. Such certifater sail specify the date when such
ompensmim and insurance have bwv provided. Such ecnifcates shall specify the date when such compensation
and imumnce 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 Sella hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind
or nature whets«ver to persons or property caused by or resulting from the execution offl a work provided for in
this purehau order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
r ell of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indiral, and whether to reruns or property b which the pmchmm may
be pa or subject by reamn of my err, action, initial, omission a default oar the put of the Sella, any of his
ontmcram, or any of the Sellers or «ntmetors officers, agents or employees. In case any suit or other
pmceamp shall bar brought against the Purchaser, or its nifcers, agents or employees m any time on around or
by reason of any act action, mglect, omission m default of the Seller of any of his conhac[ors or any of its or
their officers, ngenu m employees ss of rid, the Seller hereby agrees to assume the defense therm( and to
defend the seam at fu Sellers own expmsse, to pay any am all ems, charges, wars s fees am be, expenses,
any and all judgment, that may he incurred by or Musical against the purchaser or my of is or their effects,
agents or employees in such suits m ofer proceedings, and in case judgment or other lien be placed upon m
obtained against the pmpeny ofdw Purchaser, or said parties in or as a tack ofsuch sails or offer pmcemimp.
the Seller will at once cause the same to be dissolved am discarged by giving bond or aWerwise. The Sella and
has contractors shall take all safety pmwthas, famish and insist] ell grounds necessary for the prevemian of
accidents, comply with all laws and regulations with regard to safety including, but wilhout Im1md on, the
0..... farm[ Safety and Health Aar of 1970 and all roles and regulatims issued pursuant thereto.
Revised 03CO10