Loading...
HomeMy WebLinkAbout504618 CONCRETE EXPRESS LLC - PURCHASE ORDER - 9124039Fort Collins Date: 07/29/2014 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 82 Correction 1 LOT EA-1,970,002.9 Redistribution of Costs 83 Correction Redistribution of Costs 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.wrn 1 LOT EA 1,970,002.94 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terris and Conditions Page 2 of 2 1. COMMERCIALDETAll3. Tax exemptions. By suture the City of Fan Collins is exempt firma state and local taxes. Our Exemption Number u I L NONWAIVER. 98-04502. Federal Excise Tax Exemption Cereficare of Registry 84-60 I058] is registered with the Collector of Failure of the Purchases to insist upon strict performance of the terms and conditions hereof, failure m delay to Imemnl Revenue, Denver, Colorado (Ref. Colorado Revised Smaller 1973, Chapter 39-26,114 fid examse any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach the acceptance ofor payment for good hereunder or approval afthe design, shall nm releare the Seller of Goods R aled GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of tM1e warmintes or obligations of this purchase order and shall not Is, deemed a waiver of any right of she damage in transit, may be reWnu l to you far credis and arc ,at to be replaced except upon receipt of written purchaser to insist seem strict perprounce hereof or any of its rights or remedies as to any such goods, regardless instructions from the City of Fun Collins, of when shipped, received or accepted, as to any prim or subsequent default hereunder, nor shall any prapar ed and modification or rescission of this purchase order by the Purchaser opmva as a waiver of any. of the arms Inspection. GOODS are subject to the City of Fon Collins inspection on aerivol. hereof. Final Acceptance_ Receipt of the merchandise, services or equipment in sorpome to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. amhodred payment on the pan of the City of Fan Collins. However, it is to be understand that FINAL Seller and the Partiustt rttognbe that in actual tt is practice, o acharges making fault antitrust ACCEPTANCE ex dependent upon completion ofall applicable around mortician pmcedures. emlom doare in fact boresh by e Puteifaser. Theresafo¢nfar Grid. wed as considemrion for exec., this purchase order, the Seller hereby msigm to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be, TOM, City of Fort Collins, 900 Woad St, Fan Coffee, CO 80522, unless acquired under federal or mute anfitrust laws for such overcharges relating to the particular good or services otherwise specified on this aide,. If pcn,isslon is given to prepay freight and charge separa¢ly, the original freight purchased or acquired by the Freshener pursuant to this purchase ordar. bill must accomoanv invoice. Additional chines for making will at be accepted. Shimmers Distance. Where nunnfacmrm have distributing points in us parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from gmaher distance, Permits. Seller shall procure at sellers sole cast all necessary permits, ce tificams and licenses eequieed by all applicable laws, regulation, oNirunces and rates of the some, municipally, tertimry or political subdivision where the work is pM m¢d, or required by any other duly constituted public summary having jurisdiction over the work of rador. Seller further agrees to Said the City of Fan Collins handles fresh and against all liability pad loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ofi iwnccs, rules and requirements. Arimmimtion. All parties to this contract agree that the repreuntmives are, in fact, born tide and possess full and I.hmplete authority to bind said parties. IMD'ATION OF TERMS. This Pumbasa Data expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary, or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different I<mrs and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your preMud delivery date ns noted. Time is of the essence. Delivery and performance most be elTm¢d within the time sutrd on the purchase or and the documents cached hereto. No acts of the Pnrcfusers including, without limiurion, acceptance of partial lam deliveries, shall operate as it wnlver affM1ir provision. In the event of any delay, the Purchaser &f all have, in addition to other legal and equitable remedies, the option ofpizciag his order elsewhere and holding the Seller liable far damages However, the Seller shall not be liable for damages ns a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, suchsee, of God, acts fcivil or military, chromium, "'vermarruil priorities,fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions cousin, such delay is given to the Purchaser within five (5) days of the time when the Seller first monved knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, nnicles, materials end work covered by this order will conform with eppliable drawings, specifications, samples amWor other descripriom given, will b, fit for the pm sera intended, and perfommal with the highest degree of care and competence in acemdanee with nam,ped rarAard for walk of it similar attire. The Seller agree to hold the purchaser harmless from any loss, damage or expense which me Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without east to the purchaut any defects or faults arising within one (I) year or within such longer period of time s may be prescribed by Inw or by the terms of any applicable warranty provided by the Seller after the time of acceptance of the goods famished hereunder (accepanee not to be unreasonably delayed), restring from imperfect r defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not institute a waiver of any claim under this wemrnry. Except as otherwise provided in this purchase combat. the Sellers liability hereunder shall extend to all damages proximately caused by the breach if any of she foregoing waromms or guarentas, but such liability shall in no 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 terms by written change under. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may rake very changes to the terms, other than legal temp, including additions to or deletions fmm the quantities originally ordered in the sport ncations or drawings, by verbal or written change order. If any such change all cis the amount due or the time of perfoamance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may al any time by wroom change aide, terminate this agreement as m any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress Provided that the Prurience shall not be liable for any claims for anticipated profits on the uncompleted Portion of fire good ar For work, for incidental or consequerial damagen, and that no such adjustment be made in favor of the Seller with raped to any Funds which are the Sellers standard stock. No such mrmination shall refuse the Trachoma or the Seller of., of their obligations its to any Fads delivered heseutdes. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustments most be asserted within thirty (30) days from the date the change or lamination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and fumished in strict compliance with all applicable laws and wfulmlom to which the goods are subject. The Seller shall execute and deliver fresh documents to may he required to effect or evidence compliance. All laws and regulations argument to be ncarpomted in agreements of this character are hereby incorporated herein by this reference. The Seller agreas to indemnify and hold the Forstmann hamlcs fmm all costs and damages suffered by the Purchaser ss a mull of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, mull or convey this order, or any monies due or to become due hereunder without the prior, written amount ofdw other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for at I equipment, materials, and items fumished in performance of his agreement. face and clear of any and all limn, restrictions, reservations, smutty interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the Purchaser and the Seller, end file Seller thereafter indicates its inability or unwillingness to comply, the Purchmes may cause the work to be performed by fire most expeditious means available to it, and the Seller shall pay all oars aasodased with such work. The Seller shall ad., the Purchaser and its commmors of tiny an frvm ell liability and claims of any nature resulting farm the performance ofsucb work. This miles, shall apply even in the sent of fault of negligence of the parry released and shall eshnd to the directors, olfeers read employees ofmch parry. The Selle2s contractual obligations, including warranty, shall not be deemed in be induced, in any way, became such work is performed or caused to be performed by he Purchaser. 14. PATENTS. Whenever the Seller is acquirW to me any design, device, nuterial or process covered by letter, patent, trademark or copyright the Seller shall indemnify and save harmless the Purchmer fmm any and all claims for rats ngement by reason of the use of such parented design, device, material or process in mnnenion with the contract, and shall indemnify the Purchases for any rest, axprnse tie damage which it may he obliged to Pay by reaon of such infringement at any time during the renovation or oiler the completion of the work. In cam said equipment, or any pan thereof or he intended me of the good, is in such suit held to comunthe in ocommem and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure fm the Purchase, the eight to continue min, said equipmcm in pas, replace me same with substantially equal but nonimbleging equipment, or modify it so it becomes n rainfringing. 15. INSOLVENCY. If the Seller shall become insolvent ur barrkmpt make an assignment for the bacfr of creditors, appoint a receiver or mrty tsom for any of the Sellers propeor business, this order may forthwith be canceled by the Problems withom liability. 16, GOVERNING LAW. The definitions of lens used or the imerpreme mil ofthe agrtemens arid the rights ofall panics hereunder shill be comesmed under and governed by tM laws ofthe State ofColoado, USA. The fallowing Additional Conditions apply only in cases where the Seller is to Perform work hereunder, including the services a fSellers Regreunolim s), .,he premise afothei 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Settees own risk until the same is rally completed and accepted, and shall, in e of any accident destruction or injury to the walk ondbr materials before Seller's fiat completion and acceptance, complete the work at Settees own expense and to the satisfaction of the Purchaser. When materials and equipment are fumished by others for installation or erection by foe Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor or though such mamrials answer equipment were being famished by the Seller coder the order. IS INSURANCE. The Selles shill, at his own expamc, provide for the payment of workers compensation, including escupmiowl disease bernefu, to its cmpla o s employe on or in connection with rise work covered by this purehau order, andtor to their dependents in accordance with she laws of the state in which life work is to be done. TM Seller stroll also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of to lant 5300.OW for any one person, $500,000 for any e accident and pfii damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, m provide for such c rnmearrean and insurance. Before any of the Sellers or his mntmctors employees shall it,, any ..,it upu^ the premises of others, the Selles shall fumish the Purchaser with a ratif ease dear such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Sella agrees that such compensation and outcome shall be maiamin d until tiger the cattle work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes me entire responsibility and liability for any and all damage, lass or injury of any kind in ammre whatsoever to pesum or property caused by or resulting fmm life execution of the work provided for in this purchase under or in connection herewith. The Seller will indemnify and hold harmless the Puahssa and any r all of the purchasers officers, agents vad employees tram and against any and all claims, losses damages, charges or expenses, whether direct or indirect, and whether in persons or property to which the Purchaser may be pm or subject by rtmon of any act, action, neglect, omission or default on the pan or tine Seller, airy of his continuous or any of the Sellers or contractors officers, agents or employees. In rese any suit or other prseraffigs shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by season of any act, action, neglect omission or default of the Seller of any of his contractors or any of its or then officers, agents or employers as aforesaid, the Seller hereby agrees to assume the defame thereof and to defend the same an the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be earned by or obtained against the Purchaer or any of its or their officers, agents or employees in such suits or other proceedings, and in eau judgment or or lien be placed upoa or obuwnd against the property of the pmchnser, or said parties in or as a result of such suits or other proceedfgs, the Seller will in once came the same to be dissolved and discharged by giving bond m otherwise. The Seller sent his contractors shall take all safety precautions, famish and install all guard necessary for the prevention of accidents, comply with all laws and regulations with regard W safety including, but without bmitalian, the Occupational Safety and Health Act of 1970 and all mules and regulations issued pubacand thereto, Revised 07Q014