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HomeMy WebLinkAbout504618 CONCRETE EXPRESS INC - PURCHASE ORDER - 9124039 (13)City of Fit Collins Date: 07/11/2014 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 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 Ordered UOM Unit Price Extended Price 77 CHANGE ORDER 27 1 LOT EA 16,891.94 78 CHANGE ORDER 27 1 LOT EA 28,973.91 79 CHANGE ORDER 27 1 LOT EA 102,701.22 e0 CHANGE ORDER 27 1 LOT EA 9,864.45 81 CHANGE ORDER 27 INELIGIBLE COSTS 4(114 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 34,136.71 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER PO Number Page 9124039 2of3 This number must appear on all invoices, packing sli s 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 $192,568.23 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 3 of 3 1. COMNERCIALDETAIIS. Tax exemptions. By suture the City of Fort Collins is exempt from state and local taxes. Om Exemption Number is 11. NONWAIVER. 98-04502. Famill Excise Tax Exemption Certificate of Registry 84fio0o587 is begiaertd worm the Collator of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Resulted SaNtes 1973, Chapter 39-26, 1 W (a). exercise any rights or remedies provided herein or by law, failure to promptly ratify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifcati ers, either when shipped or due to defects of any of the warranties or obligations of this purcbau oMer and shall or be deemed a waiver of my right of the damage in transit. may be reamed to you for credit and are not to be replaced except upon receipt of written Purchaser to insist upon sides performance hereofor my ofits rights or remedies as w any such goods, regardless instructions from the City affirm Collins. of when shipped, received or accepted as to any prior or subsequent default hereunder, nor shall any parrot oral modification or resission of this purchase cover by the Purchaser operate as a waiver of any of the terms Inspection. GOODS art subject to he City of Fort Collins inspection on mui,,d hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order canresult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. mflu nzed payment on the pan of the City of Fort Collins, Hat in is to be understood but FINAL Seller and the Purchaser recognize flm in actual a re is practice, overcharges sulting from ru antitst ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchase, Theretoforefor good cause and as consideration for executing this purchase order, the Seller hereby asigtu to she Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments muss be F O.B., City of Fort Collins, 'hill Wood S,. ran Collins, CO 80522. anless acquired antler federal or sate nn,iona, laws fir such ovabl spes redoing to the particular posts or services otherwise specified on this oMer. Upemrission u given to prepay freight and charge separately, the original freight pmchuM or acquired by the Purchaser pursuant to this purchae, order. bill must accompany invoice. Additional charges fir packing will not be accepted. Shipment Distance. %%Tare rWnnf rmers have distributing points in voriotss parts of the country, shipment is expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when Shipments are made fmm greater dlsunce. Permits. Seller shall procure at sellers sole oust all necessary permits, certificates and licenses required by rill applicable laws, regulations, ordinances and rules of the sale, municipality, temmry or printed subdivision where the work is performed, or required by any other duly constiNled public authority having jurisdiction over the work of crucial. Seller further agrees to hold the City of [run Collins harmless from and against all liability and loss ncured by them by reason of an asserted it established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All parties to this contract agree that the representatives are, in fact bona fide and possess full and omplete authority w bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the mrms and conditions sorted herein set fonds and any supplementary, or additional tern¢ aid conditions annexed hereto or immortalized herein by referenre. Any additioal or diffaint memos and conditions proposal by seller are objected to and hereby jested. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedimdy if you anno make complete shipment to anivv on your promised delivery date as noted. Time is of the essence. Delivery add performance most be afraid within the time stated on the pumhase cover and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial Ime deliveries, shall Operate as a waiver of this provision. In the event orally delay, the Purchaser shall have, in addition rev other legal .rid equitable remedies, the option of placing this order elsewhere and holding the Seller liable far damages. However, the Seller shall not be liable for damages to a result of delays due to causes not mawnably foreseeable which are beyond its ra...cable control and withanl its fault of negligence, such acts of God, acts ofeivil or military authorities, govemmental pmanes, fees, strikes, flood epidemics, wars or dots provided that notice of the conditions causing 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 for the period qua] m the it ... exactly lost by mason ofthe delay. 3. WARRANTY. The Seller werants that al] grads, articles, mmerials and work covered by this oMer will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit far the purposes ioearM. and performed with the highest degree of are and commence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the Wrchises harmless fmm 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 or make good, without cost to the purchases, any defects at faults adding within one (I) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the dam of acceptance of the goods famished hereunder (accepance oar m be unreasonably delayed), resulting fmm imperfect car di,metwe work done or mamrlds famished by the Suite,. Acceptance or use of good by the Purchase shall not institute a waiver of any claim under this warranty. Except as otherwise provided in this purchase We,, the Seller liabil Iry hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss oTmd1U 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 m legal rem¢ by wriucn change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may male any changes to the terms, other than legal mom, including Wants to or deletions fmm the quanllllrs originally ordered In the sperifcoions o drwings, by vertical or wnite. change ordtt. If any such change of ors the amount due or the time of pert ,manse hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. Tha Purchaser may at any time by written change coven, terminate his agreement ns eh any or all partimss of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided tFm he P.mha¢r dhdl oat be liable for any claims for anticipated Plants an tire uncompleted poninn of the goad and/or walk, for incidental or cnnsegnential damages, and that no suah adjustment be made in favor of the Seller with respect to any goads which ore the Sellers standard stock. No such lanni aticn shall relieve the Purchaser or the Seller orally of their obligations as to any goads delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any drum fur adjustment must be asserted within thin, (30) days fiam the dam he change or mrni.mion is ordered. 8. COMPLIANCE IVITH LAW, The Seller warroms Nat all goods sold hereuder shall have been produced, sold delivered and famished in said compliance with all applicable laws and regulations to 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 required to be ncorporeted in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Pumbrur harmless fr.m.I1 costs .ad damages mired by he Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, trat or coolly lhis order, or any monies due or to become due hereunder without the prior written consent of the other party. I O. TITLE. The Seller is'aronts full, clear and umesMcted title to the Purchaser for all equipment, matena]s, and items furnished in performance of this agreement, free and clear of any and all liens, rerbictions, Rsmntions. security interest encumbrances and claims ofother, 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchua ducts the Seller to correct nonronfonning or defective good by a date w be agreed upon by the Purchaser and the Seller, and she Seller thereafter indicates its inability or unwillingness to comply, the Fracture, may cause the work to be, performed by the most expeditions rrcarvs available to it, add the Seller shall pry all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the ,all of fault of negligence of the Party released and shall extend ro the directors, officers and employees of such party. The Settees contractual obligations, including warranty, shall not be deemed to be reduced in any way, because such work is Performed or caused to be, performed by the Purchaser. 14. PATENTS. Whenever the Seiler is required to um any design, device, material or process cme d by lever, patent. Irddemark in copyright, the Seller shall indemnify and save harmless the residual firms any and all claims for infringement by reason of the um of such patented design, device, material or process in connection wish she contract, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the imaded lure of the goads, is in such suit held to candidate infringement and the vac of said equipment 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 same with substantially qual but noninfringing equipment ar modify it so it becomes naninrringing. IA INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of she Sellers propmy or business, this order may fortAwlth be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofmmu used or the ioerprea van of the agreement road the rights ofall parties hereanda shall be assumed anda and govemed "a laws ofshe State ofCalomdo, USA. The following Additional Conditions apply only in cases where the Seller is an perform work hereunder, including she servicesi f Sellers Repnuntmave(s), on the promisesof others. 17. SELLERS RESPONSIBILITY. The Selltt shall carryon said work at Seller's own risk until the same is fully completed and accepted, and dull, in u of any accident, destruction or injury to the work and/or materials before Seller's foal completion and acceptance, complete the work at Sellers own expense and M the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become respoiuible therefor ns though such materials and/or equipment were being famished by the Seller under the abler. 18. INSURANCE. The Seller shall, at his own expense, provide fm she payment of workers wmpensation, including recupmional disease benefits, wits employees employed on or in roNmdim with the work mortal by this purchase .,do, rani Ian their depeMents in accordance with the laws of she sum in which the work is in be done. The Seller shall also any comprehensive general liability including, bur rat limited to, rontracwal aM automobile public liability insurance wish bodily injury and death limits of at least 5300,000 for any one pawn, S500,000 for any cm accident and pmpeny damage limit per accident of $4W,IRIo. The Seller shall likewise require his contracts, if any, to provide for such comprration and insurance. Before any of the Sellers or his commetors employees shall do any work upon the premises of others, the Seller shall famish the purchaser with a am fiam that such compensation and insurance have been provided. Such cenificmes shall specify the dale when such compensation and insurance have ban provided. Such cenifiates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after she 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 orally kind to raNre whaucever Ian persons or property caused by or rrsuldr, from the execution ofthe work provided far in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchosas officers, agents and employees from and against any and all claims, losses, damages, chmges or expenses, whether direct or indirect, sad whether to persons or property to which the Purchaser may be put or subject by maven of any act action, neglect, omission or default on the pan write Seller, any of his controlled, of any of the Sellers or comments officers, agents or employees. In case any soft or other proceedings shall Is, brought against the Purchaser, or its officers, agents or employees many time on account or by reason of any act, action, trillion, omissive or default of the Seller of any of his contractors or any of its or shut, i flicers, agents or employees as afomarid, he Seller hereby agrcrs to assume the defense thereof and m defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses. any and all judgments that may be incurred by or obtained against the 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 obtained against the pmpeny of the Purchases, or said parties in or as a result ofsuch suits or other proceedings, the Seller will at are .use the .are to be dissolved and discharged by giving band or otherwise. The Seller and his car.,.. shall take all safety precautions, fmish and install all guard necessary far the prevention of accidents, comply with all laws and repairman, with regard to safety including, bur without limitation, the Occupational Safety and Health Act of 1970 and all Nles and regulations issued pub am therew. Revised 03I2010