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HomeMy WebLinkAbout504618 CONCRETE EXPRESS INC - PURCHASE ORDER - 9124039 (2)PO PURCHASE ORDER 912403 Number Page r Cl�/Of9124039 lora r^rt CollinsI n all Invoices, must appear ^/, VV 1 1V on all invoices, packing islips and labels. Date: 06/26/2014 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 Ordered UOM Unit Price Extended Price 72 CHANGE ORDER 25 - 1 LOT EA 196,301.23 73 CHANGE ORDER 26 1 LOT EA 22,529.19 74 CHANGE ORDER 26 1 LOT EA 80.483.95 15 CHANGE ORDER 26 1 LOT EA 93,852.03 16 CHANGE ORDER 26 1 LOT EA 17,269.00 INELIGIBLE PORTION .. City of Fort Collins Director of Purchasing and Risk Management This order is not valid over 55000 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 Emall:purchasinga@fcgov.com 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 the City of Fon Collins isexempt fromstateandlocal Lanes Our Exemption Namber is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is agiocual with the Cullecmr of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failme or delay to Imaging Revenue, Denver, Colorado (Ref. Colorado Revised Swmtes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance afar payment for goods hereunder or approval ofthe design, shall not release We Seller of Goods R pared. GOODS REJECTED due in faihae to mat specifications, either when shipped or due to defects of any of the watmnti¢ car obligations of this purchase order and shall trot he devoted a w uwar of any night of the damage in p omit may he retumM to you for credit and arc not to be replaced except upon receipt of written purchaser m maim upon strict performance hereof., any of its Lights or remedies as to spy such &Dods, regardless instructions from the City of Fort Colors. of when shipped, promised or accepted, in many prior or subsequent default Immundea nor shall any purported amp modification or ¢scission of this purckiw order by the Purchaser operate as a waiver of my of the LermS Inspection. GOODS are subject to the City ofFort Collins inspection on arrival, hereof, Final Acceptance. Receipt of the merchandise, services or equipment in response to this order canresult in 12. ASSIGNMENT OF ANTITRUST' CLAIMS. authorized payment on the port of the City of FortCollins However, it is to be, underswod thatFINAL Seller and the Purchaser recognize that in actwl economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable requird inspection procedures violations are in fact Fargoah by the Puawc. Theremfore far Rood coon and as consideration far executing this purcbau order, the Seller hereby unigm to the Purchaser any and all claims it may now have or hereafter Freight Temes. Shipments most be F.O.B., City of Fort Collins, 900 Wood St, Fon Collins, CO 80522. unless acquired under federal or stave ar item lax, fro such overcharges relating to the particular good or services otherwise specified oa this oiler. If permission is given to preppy firsigh, and clastic strangely, the original freight purchased or acquired by the Puchaer pursuant to this purchase norm bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where nufacvurom have distributing paints in vagain pans of the county, shipment is expected front the poorest distribution Point to destination, and excess freight will be dedond from Invoice when shipments arc made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary, permits, certificates and licatses required by all applicable laws, regulations, ordinances mad papa of the sate, municipality, territory or Political subdivision where the work is performed, or required by any other duly constructed public authority having jurisdiction over the work of vendor. Seller harder agrees to hold the City of Fog Collins harmless from and against all liability and loss incomall by them by reason of an usseaed or eslablishd violation of any such laws, regulations, ordinances, roles and gaugemenu. Authonficam. All panties to this contract agree that the mp wardw va are, in fact. bow fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the 11. and roMitimas staved herein son forth and any supplementary or odditiawl terms and conditions annexed hereto or incorpummd began by reference. Any additional or different tam¢ and conditions imposed by seller are objected to and hereby quad. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to stave on your promised delivery dote as noted. Time Is of he .,act Delivpy and performance must be effected within the time sated on the purchase order and the ducttment, attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate in a waiver of this provision. In the event artery delay. the producer skill have, in addition to other legal and equitable fi aedies. the option of plwmg this order elsewhere and holding the Seller liable for damages. I loauveq the Seller shall not be, liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable comrol and without its fault of negligence, such acts of God. acts ofeivil or military authardirs,governmental priorities, fires, strikes, flood. epidemis, wars or riots provided that notice car the canditions ceasing such delay is given to the Purchaser within five (5) days or the time when the Seller first received knowledge thereof. In the event of any such delay, the data of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller margins toot all goods, ant des, materials and work covered by this order will conform with applicable drawings, specification, sampler and/or other desenptiom given, will be fit for the paryosa intended, and performd with the highest degree of cart and competence in accordance with accepted standards for work of a similar namrs. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may sutler or incur on account of the Sellers breach of woranty. The Seller shall replace, repair or make good, without cost to the purchase, any defects or faults arising within one (1) year or within such longer penal of time as may be preac gral by law or by the temp of any applicable wamnry provided by Ile Seller aBer Ile data of acceptance of the good f nabled hereunder (sub peace not to be impenetrably delayed), resulting from imperfect in defective work done or matenak f ished by Lie Seller. Acceptance or sew of good by the Purchaser skill not Opening, a waiver of my claim under Nis wamnty. Except as otherwise provided in This purchase order, the Sellers liability hereunder shall extend to all damages proximately earned by the breach army aide interim, wamnties or guarantees, but such liability shall in no event include loss crimson or loss of use. NO IMPLIED WARRANTY OR MERCHANT' ABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changer to legal it. by writers change ardor. 5. CHANGES IN COMMERCLM, TERMS. The Purchaser may make any changes to the Laws, other thin legal terms, including additions to m deletions fmm the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change effects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrinrn change order, terminate this agreement ss to any or all portions of the good then not shipped, subject to any equitable adjustment between the parties av to any work or wromnals then in progress provided that the, Purchaer shall not be liable for any claims f anticipated pmfirs on the uncompleted portion of the goods unfair work, for imidertal or consequential damage, and than no such adjustment he made in favor of the Seller with resEce, to any 6omL' wheh arc the Sellers standard stock. No such termination skill relieve the Purchaser or the Seller ofany oftheir obligations as to any goods delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for adjustment mug, be azword within thim (30) Jays Gom the date the change car termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goad sold hereunder shall have been produced, sold, delivered and f sniff d in strict nm,liantt with all applicable laws and regulations to which he goods are subject The Seller skill execute and deliver such documents as may be required to effect or evidence camplin ter, All lows and regulations required m be ncorwo red in agreements of this character are hereby incorporated herein by this reference. The Seller 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. ASMGN. IENT. Neither party shall assign. transfer, or convey this order, or any monies due or an become due hereunder without the prior written common ofthe other party. I D. TITLE. The Seller warrants full, clear and unrestricted tide to We Purchaser far all equipment mmerVals, and items famished in performance of this agreement free and clew of my and all liens, restrictions, inscriptions, security interest mcumbmnces and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser direct, the Seller to Owned 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 now the work to be pedornted by he no expeditious .. available to it, and the Seller shall by al l costs worsomtd with such work. The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any wure resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to he directors, officers and employees of such party. The Sellers committal obligations, including warranty, shall not be deemed to be reduced, in my way, because such work in perforated or caused to is, Performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to tow any design, desire, material or ppacess covered by letter, patent, trademark r copyright, the Seller shall indemnify and save harmless the Purchaser fmm any and at I claims fur infringement by renwn Of he use of such ryanmd design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cast, expense or damage xhich 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 intended use of the goods, is in such suit held to comimm infringement and We use of said equipment or pan is enjoined, the Sella shall, at its own expense aed at its option, either prmure for the Purchaser the night to cominoe using said equipment or from, replace the same with substantially equal but nonlnfn'nging equipment, or modify it so it becomes noninfnaging. 15. INSOLVENCY. If the Seller shall become insolvent Or bankrup,, make an assignment for the benetit of creditors, appoint o or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAN'. The definitions ofterms used or the interpmation ofthe agreement amp the rights of all parties hereunder shall be construed under and governed by the laws ofthe Sure of Colorado, USA. The following Additional Conditions apply only in cases where the Seller Is to perform work hereunder, including the wivices of Sellers Reprewntobve(s), oa the premises ofmhers. 12. SELLERS RESPONSIBILITY. The Seller skill carry on said we& car Sellers own risk writ Ile same is fully completed and acceprM and shall. in case of any accident, drummuon or injury to the work wake, maarials before Sellers fiwl completion and wiretapper, complete Ile work ed Sellers own expense and to the satisfaction of the Pumbmer. When material and equipment are fumishd 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 at though such materials mWor equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide to, the payment of workers compensation, including Ottupatioml disease benefits, to its employees employed on m in connection widh the work rovered by this Purchase oiler. and/or to their dependents W accordance with the laws ofthe sum in which We work is to be done. The Seller shall also tarty comprehensive general liability including, but Out limited on, contractual and automobile public liability insurance with bodily injury and death limits of at least 53000(10 for any on person, $500,000 for any age ccident and property damage limit per accident of E4110,(N10. The Sella, shall likewiquire his cse re contractors, if Lary, m provide for such compensation and insurance. Before my of the Sellers or his contmchas employees shall do any work upon the premises of others, the Seller shall f ish the Purchaer with a certificate that such cwVgwwgw and insurance kive been provided. Such certificates skill specify the date when such compensation and insurance have been proided. Such cenificmes shall specify the date when such compensation aM insurance expires. The Seller agrees that such compensation and insurance shall be mainerined writ after the entire work is completed and acceptaL 19. PROTF.CfION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting train the execution of the work provided for in this purchase order or in connection herewith. Ile Seller will indemnify and hold hamdess the Purekiser and any r all of the Purchasers officers, agents and employees from and against any and all claims, lasses, damages, charges or expenses, whether direct or inducd, and whether to rations or property in which the Emerging may be par or subject by reason of any act action, neglect., omission or default on the pm of the Seller, any of his contractors, Or my of the Sellers or contactors slicers, agents or employees. In case any suit or other proceedings shall be, brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his comrodon or any of i,a or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and us defend the same a the Sellers own expense, to pay any and all costs, charger, atmmers fees and mime, expenses, any and all judgments cat may be incurred by or obtained against the Furtherer or any of its or Weir otticen, agents or employees in such suits or other proceedings, and in now judgment or other lien he placed upon or obtained against the property ofthe Purchaser, or said parties in or as a result insight suits or other pence plans, the Seller will at once cause the sane in he dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall Lake all safety precautions, famish and instill all guard necessary for the prevention of accidents, comply with all laws and regulations wild regard to safety including, but without limitation, the Occupatiowl Safety and Health Act of 1970 and all rates and regulations issued pursuant thereto. Revised 02n014