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Home My WebLink About504618 CONCRETE EXPRESS INC - PURCHASE ORDER - 9135146PO PURCHASE ORDER 913514er Page C117/ of PURCHASE 35146 1012 Flirt Collins[ his number must appear /�..!"_`�J`' ` V " �7 on all invoices, packing sli s and labels. Date: 07/22/2014 Vendor: 504618 Ship To: ENGINEERING DIVISION CONCRETE EXPRESS INC CITY OF FORT COLLINS 2027 W COLFAX AVE 281 N COLLEGE AVE DENVER CO 80204 FORT COLLINS CO 80521 Delivery Date: 09/19/2013 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price 2 Change Order 4 1 LOT EA -6,519.66 NRRC 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 Pay terms net 30 days 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 I. CObfMERC1ALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt room some and local taxes. Our Exemption Number is 98-04502. Federal Excise lax Exemption Certificate of Registry 84-6000587 is registered wilh the Collecmr of Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Sbtulm 1973, Chapter 39-26, 114 (a). Goods RejectcxL GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be reamed to you for credit and arc not to be replaced except upon receipt of written instmdmns from the city orroncauins. - Inspection. GOODS are subject o the City cretin Collins impecdon on moved. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized payment oa the an of the City of Fran Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedotrs. Freight Temu. Shipments must be FO.B., City of Too Collins, ]oo Wood M., Fort Collins, CO 80522, unless mberwise spceified oa this order. If Permission is given to prepay freight end charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where ..at... have distributing Loins in various, pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will he deducted from Invoice when shipments are made from greater distance. I I. NONWAIVER. Failure of the Purchaser to insist upon spiel performance of the teams and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the accepumr of or saymmf far goods heteundn or appm—I of the design, shall rot release the Seller of any of the warranties or obligations of this purchase order and shall net be darned a waiver of any right of the Purchaser to insist upon strict programmer hnmfor any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puryoned oral modification or rescission of this purchase order by the Purchaser operate . a waiver of any of ❑m team hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser pargnive that in actual economic practice, overcharges resulting from antitrust violations are in fact home by the Purchase, Theretofore, for good caul and as cansideromma for eaecalm, this pmhase order, the Seller hereby assigns to the push.ser any and all claims it may now have or nereafter acquired under federal or able antitrust laws for such overcharges relating in the particular good or services purchased or acquired by The Purchaser pursuant m this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifllre Pomhaser dimets The Seller la cared nonconforming m defective goads by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness in comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all .s%smaxe abed with such work. Permits. Seller shall procure al sellers sale cast all necessary Lanais, certificates and licaues ,goiced by all applicable laws, regulations, ordinances and roles of the suite, municipality, amle, or political subdivision where the work is performed, or requirtd by any other duly constiated public authority having jurisdiction over the work of vendor. Seller further agrees m hold the City of Pan Collins hamilm; Wm and against all liability and loss incurred by them by reason al an exerted or established violation of any such laws, regulations, ordinances, rates naquirsomm,. Authorization. All parties To this c mard agree that the monotonous. are, in fact fora fide and possess full and .mplem authority to bind said pmthes. LIMITATION 01; TERMS. This Purchase Order expressly limits acceptance to the terms and conditions sated lane m set forth and any supplemmary or inflation terms and conditions anneaed herein or rotational herein by reference. Any additional or diRereat menu and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENTimmediately ifyou cannot make complete shipment to arrive on your promised delivery dine. noted. Time is of the essence. Delivery and performance must be etlected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver ofthis provision. In the event crony delay, the Purchaser shall have, in addition m other legal and equitable remedies, the option of pacing this aide, elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages . a result of delays due to causes not reasonably foreseeable which art beyond its nowasuble conlml and without is fault of negligence, such acts official acts of civil or military authorities, recommend priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the candid... causing such delay is given to the Purchaser within five (5) days of the time when the Seller first rc.eived knowledge thereof. In the event of any such delay, the date rdelivery shall be extended for the period equal to the time actually lost by reason ofto delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this offer will conform wit, applicable drawings, specifications, samples maker other descriptions given, will be lit for the purposes intended, and Performed with the highest degree of care and competence in accordance with accepted staMcds for work of . -similar nature. The Seller agrees Ins hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach promontory. The Seller shall mplme, repair or make good, without cost to the purchaser, any defect,. or faults arising within one (1) 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 Jute of acceptance of the good finished hereunder baccepmntt not b be unreasonably delayed), resulting from imperf t or defective weak done or materials furnished by the Seller. Acceptance or use of good by the Purchaser shall rat co.tmte a waiver of eery claim under this warranry. Except. otherwise provided in this purchase order, the Sellers liability hereunder shall extend t. all damages proximately caused by the breach of any of the Foregoing warranties Or guarantees, but such liability shall in no event include loss of put 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 mats by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in me specifications or drawings, by section or written change order. If any such change attics the amount due or the fine cf,erfom are hereunde, as equitable adjustment shall he made. 6. TERMINATIONS. The Purchaer, may al any from by written change order. commerce this agreement as to any or all podi. of the goods then nW shipped, subject to any quitable adjustment between the ponies. to any work or materials then in progress provided that the Purchaser shall not be liable far.1 claims for amicipmed fictus on the uncompleted Portion of the good parboil work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any good which am the Sellers standard stock. No such harmonic. shall reline the Purchaser m the Seller of my of their oblig.lio.. a any goad delivered hereunder. 7. CLAIMS FOR ADJUSTMEN f. Any claim for adjustment most be served within Nirty (30) days from the date the change or terimfion is ordered. 8. COMPLIANCE WITH LAW. The Seller warmnis that all goods sold hereunder shall have been produced sold, delivered and lumished in suit, compliance with all applicable laws and regulations to which the goads arc subject. The Seller shall execute and deliver such documents. maybe required a effect or evidence compliance. All laws and regulations acquired to be Ivaorpnmced in agreements of this character ore hereby nonrestricted herein by this reference. The Seller agrees to indemnity and held the Purchaser harless boom all costs and damages sufieml by the Purchaser as a result of the Sellers failure to comply with such raw. 9. ASSIGNMENT. Neither party shall resign, transfer. or convey this order, or any monies due or to become due hereunder without the pdar written consent of the other party. 10.TITLE. The Seller is Mi. clear and comereided tithe ro de, Purchaser for all equipment materials, and items famished in performance of this agreement, free and clear of any and all liens, resdie ions, tesmatiom, security interest encumbrances and claims of others. The Seller shall mleae the Purchaser and its mnteacross of any It., from all liability and claims of any nature resulting from the performance ofsuch work. This release shell apply even in the event of fault of negligence of the party alcmed and shall extend to the directors, officers and employees ofsuch party. Far Sellers contractual obligations, including wnmmy, shall not be deemed to be reduced, in any way, because such work is porfomsed Or caused if be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required a use any design, devices ma coal m process covered by liner, preen, padmurk or copyright, the Seller shall indemnify and save handless the ratchet from any and all claims for infringement by reason of the use of such patented design, device, material or process or connection with the contact, and shall indemnify the Purchaser for any cos, expense or damage which it may be obliged to pay by reason of such infringement at any time during the pmsccution or alter the completion of de, work. In Case said equipment, or Bray part thereof of the iatmded ace of the goods, is In such salt held m cr ndifirm Infringement and the use 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 equipmem or parts, replace the same with substantially equal but naninfringing equipment, or modify it sex it becomes nomnfdnging. 15. INSOLVENCY. If the Seller shall became insolvent or bankmp,, make an assignment for the benefit of crediars, appoint is receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the rwithout liability. 16. GOVERNING LAW. The defnimioru proven, used or the interpmution of the agreement and the rights of all parries hereunder, shall be cansvued node, vad govemed by the laws ofthe Some of Colorado, USA. The following Additional Conditions apply only in cases where the Seller b to perform work h pparma , including the services of Sellers Represenalivgs), on the premises o'others. 17, SELLERS RESPONSIBILITY. The Seller shall carry on said work at Senses own risk until the same is fully completed and accepted and shall, in se of my accident destruction or injury To the work andfor maintains before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipmem ore finished by others far installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials tambour equipment were being fomialed by the Seller miler the order. I I. INSURANCE. The Seller shall, in his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, andlor to their dependents in accordance with the laws of the state in which the work is in be done. The Seller shall also carry comprehensive gmeml liability including, but not limited to, contractual and automobile public liabil iry ...mace wnh bodily injury and death limits of or least S300,00t for any one person, S500,000 for any one accident and property damage limit per accident of S400.000. The Setter shall likewise require his confusion, if any, to provide for such compensation and insurance. Before any of the Sella or his contractors employees shall do any work upon the premises of Others, the Seller shall Smash the Purchaser with a renifieste that such compensation and insurance have been provided. Such renificates shall specify the date when such compensation and insurance have been provided. Such certificares shall specify the date when such compensation and insurance expires. The Seller agrees the, such compensation and insurance shall be uncommon 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 ofany kind or nature whatsoever to persons 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 harless me Pmchsser and any r all of the Purchasers officrn, agents and employees from cord againxl any and all claims. losses, damages, in or cxpnxrc, whether direct or noticed, and whether to persons or property in which the Purchaer may be put or subject by reason of any art, action, neglect, Omission or default on the part of the Seller, any of his omadaes, or any of the Sellers or capplandurs parts, ,.0 or employees. In case any suit or other procedin , shall be brought against the Emaciation, a, its officers. agents or employees at any time on account or by reason of any act, action, piglet, omission or default of the Seller of any of his ronrraciors or any of its or their officers, agents m employees . aforesaid, the Seller hereby agrees to .mate the defense thereof and a defend the same at the Sellers awn expense, to pay any and all toss, charges, mtomeys fees and other expenses, any and all judgmms 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 lira be placed upon or obuiaed against the property of the Participant, or said parties in or as a s.ult of such suits or other proceedings, the Seller will st are cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and i.bll all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safely including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and motion. issued P.1 thmero. Revised 070014