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HomeMy WebLinkAbout541246 FRENCH CONCRETE INC - PURCHASE ORDER - 9145047Fort Collins Date: 09/03/2014 Vendor: 541246 FRENCH CONCRETE INC 2116 14TH ST SE LOVELAND CO 80537 PURCHASE ORDER PO Number Page 9145047 1of2 This number must appear on all invoices, packing slips and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 09/03/2014 Buyer: JOHN STEPHEN Note Line Description Quantity UOM Unit Price Extended Ordered Price 1 Senior Center 1 LOT LS 9,904.00 Proved labor, materials and materials and equipment for concrete work per quote dated 8/18/14. Total $9.904.00 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 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 1. COMMERCIALDETAILS. Tax circulator. By statute the City of Fort Collin is exempt from stain and Imad taxes. Our Exemption Number is I I. NON WAIVER. 98-MS02. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon shin pM rmance of the terms and condmom hereof, failure or delay to Internal Revenue, Denveq Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies paraaded heron or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goads hereunder or approval of the design, shall not release the Seller of Good Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties a Obligations of this purchase miler and shall no be deemed a waiver of any right of the damage in ..I, may be resumed to you for Credit and me tool lobe replaced except upon receipt of written purchaser to insist upon strict performance hmofor any of ies rights or remedies m to any such goods, regardless instructions from the Gry appeal Collins. of when shipped, received or accepted, as to any pear or subsequent default hereunder, nor shall any purpored at modification a emission of this purchase order by the Purchaser operate az e waiver of any of the Inspection. GOODS are subject to the City of For Collins inspection on arival, 'acti Final Acceptance. Receipt of the memhardiu, services of equipment in respomc to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of rate City of For Collins. However, it is to be understand that FINAL Sella and the Purchaser mergmiu that in actual economic prams, overcluar es resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection pmurdam, violations are in fact home by the Purchaser. Theretofore, for grad same and as renunciation for executing this purchase order, the Seller hereby assigns to the Purebmer any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.D., City of For Collins,'100 Wood Sr, For Collins, CO 80522, unless otherwise speared on this order. If permission u given to prepay freight and charge separately, rate original freight bill must accompany invoice Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in ormus Earls of the country, shilan m is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance Permits. Seller shall procure at sellers sole cost all naesmry permits, cenificate, and licenses required by all applicable laws, regulations, ordinances and rules of the slue, municipality, temtory Or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor Seller further agrees to hold the City of I. Collins harmless from and ii mina all liability and loss incurred by them by reawv of an asserted or established violation of any such laws, regulmioru, conditioner, roles and requirements. Authorization. All patties to this contract agree that the representatives are, in fact, bona tide and posses full and complete authority to bind said parties. LIMITATION OF TERMS. This purchase Order expressly limits acceptance m the temp and ardiliom smted herein act forty and any supplemgery or additional Mrnts and conditions annexed hereto or incorporated herein by reference. Any additional or different asruts and conditions proposed by seller are objected to and bereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENTimmediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the eamnce. Delivery and performance most be effected within the time slated vet the purchase order end the documents wasel rd hereto. No etas of the Purchasers including, without limitation, acceplmee of partial late deliveries, shall operate as a waiver of this prevision. In the event crony delay, the Purchaser shall have, in addition to ofer legal and equitable remedies, the option urplating this order elsewhere and holding the Seller liable for damages. However, the Sella shall Out be liable for damages as a mutt of delays due to causes not reasonably foreseeable which are beyond its reasonable control and wifout its fault of negligence, such acts of Cad, acts of civil or military authorities, governmental Priorities, fires, strikes. Rood. 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 tlmmof. In the event of any such delay, the date of delivery shall be extended for the period qua] m the time actually lost by reason offe delay. acquired under Retail or state mtiwst laws for such ovacbmges relating in the particular goods or services Purchased or mqubed by the Purchaser pursuant as this pmchase under. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. I file, Purchaser directs the Seller to correct nonconfonn ing or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Sella thereafter indicates its inability or unwillingness to comply, the Pnrebmer may cruse the work to be Performed by the must expeditious means available W it, and the Seller shall pay all cam ass mural with such work. The Seller sbal I release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting for. he performance ofsuch work. This release shall apply even in the event of fault of negligence of Be Putty miessed and shall extend to the directors, omcers and employees afsuch party. She Seller emnraetusl obligaliom, including asrimy, shall not be deemed to be reduced, in any way, because such weak is performed or caused m be performed by the Purchaser. 14. PATENTS. Whenever the Sella is required to use any design, device matenal or process covered by letter, natrnL trademark or copyright the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by y reason of the use of such patented design, device material or process in automation with the cement, and shall indemnify the Purchaser for any cmL 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 quipmen,, or any pan thereof or the intended use of the goods, is In such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either routine for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing qu]pment or modify it so it becomes naninlHnging. IS. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make en assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 3. WARRANTY. The Sella wamnls that all goods, articles, materials and work covered by this aide, will conform with applicable 16. GOVERNING RAW. The definitions oftesms used or the interpretation of the agreement and the rights of all ponies hereunder sholl be drawings, specifications, samples maker other descriptions given, will be fit for the purposes intended, and comtrued under and governed by the laws ofthe Smte of Colorado,USA. performed with film highest degree of from and competence in accordance with accepted standards for woke of a similar nature. The Seller agrees to hold the purchaser harmless facts any Insc, damage or expense which the The following Additional Conditions apply only in taus whew the Seller is to perform work hereunder, Purclvuer may sulicror incur an sucamoofthe Sellers breach oficearmy. The Seller shall replace, repair or make including fesmicesofScllm Representativefs), on the remises ofofers. good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer Proust[ of SELLERS RESPONSIBILITY.time I)Sellhall asmay be prescribed by law or by the moms of any applicable womanlypro tided by the Seller after the date of acceptance of the goalsm fu¢an hereunder (acceptance oat be unreasonably delayed), resulting from imperfect d work at Selleh own risk until the same is full completed and cooledand shall, The Seller scat red an said y comp N or defective wink done or materials finished by the Seller. Acceptance or use of goals by the Purchou r dull not in case of any accident, destruction or injury, m fe wok We, mammals before Sella's final completion and acceptance• complete the work in Selleh own expense and to the satisfaction of the Purchaser. When materials amount, a waiver of any claim undo flu, warranty. Except as otherwise provided in this pumha, under, the Sell. - liability hereunder shall extend to all damages proximately camed by the breach army arts, foregoing wamnties• and quipmenl e¢ famished by others for installation or mature by the Seller, the Seller shall receive, argued, or guarantees, but such liability shall in no event include lass of profits or loss of use. NO IMPLIED WARRAMY store and handle same at the site and become responsible therefor as Tough such materials andsor equipment being furnished by the Seller under the order. OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. ,.were 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tomes by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal temp, including additions m or delaiam from the gmracces odglmlly ordered in me speciricmiotss or drawings, by nvbm or written change order. If any such change affects the amain, due a the time afpaformmce hereunder, an amiable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement az to uny or all pinions of the good then moot shipped, subject to my equnable adjac mat between the ponies as to my woke or materials then in progress provided unit the Purchaser shall not be liable for my claims for anticipated profits an the uncompleted portion of the goods mNor work, for incidental or come,matud damages, and that no such adjmtmenm be made in favor of the Seller with respect to any Goads which are the Sellers sandard slack. No such termination shall relieve the Purchaser or the Seller army of lheirobligmions m to any good delivered hereunder. J. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thin (30) days from the date the change or mandrufion is ordered. 8. COMPLIANCE WITH LAW. Thr, Seller amounts that all good sold hereunder shall leave been Produced sold, delivered and f ished in shin compliance with all applicable laws and regulations to which the good are mdjcL The Seller shall caccam and deliver such documents m may be required to effect or evidence compliance. All laws and segulmiom required to be ncia,mcmd in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all cases and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, mare fr, or onvey this order, or any monies due or to become due hereunder without he prior written consent of Be other party. 1O. TITLE. The Seller warrants full, clear and constructed title to the Purchaser for all equipment, mammals, and items punished in performance of this agreement, free and clear of my and all lien, restrictions, reservations, security interest acombrmces and claims of mhers. 18. INSURANCE. The Seller shall, at his own expense, preside for the payment of women compematian, including orcupefiorml disease benefits, to its employees employed on or in connection with the work covered by this purchase order, andkor to their dependents in accordance with the laws of the sate is Which the work is m be done. The Seller shall also carry compreatemtve general liability including, but not limited to, contractual and automobile public liability insurance with hurt, injury and death houts of at last S300,00O for on, rare person, SSW." for may one accident and property damage limit per incident of S400,000. The Seller shall likewise require his commeart. irony, to preside for such compensation and insurance. Before my of the Seim or his contactors employees shall do any work upon the premises of others, the Seller sb ill fum{sh the Purchaser with a certificate that such compensation and insurance have been provided. Such cenipcnms shall specify the date when such ompemation and imurwce have been provided. Such certificates shall sprcify the dam when such compensation and insurance expire. The Seller agrees West such compe nicamon mail insurarce shall be main tined 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 of any kind or nitre wb ccsaever m persons or properly caused by or resulting from the execution of do work provided for in this purchase order or in connection herewith. The Seller will indemnify and held Families the Purchaser and my r an of the Purchum omcers, agents and employs from and against any and all claims, losses, damages, charges or expenses, whether direct or normal, and whether to persons or property to which the Purchaser may be pat or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, my of his contractors, or my of the Sellers Or contractors officers, agents or employees . In case my suit or ofa proceedings shall be brought against the Purehaser, or its officers, agents or employees at my time on common or by reason of any act, action, neglect, omission or default of else Seller of any of his contractors or any of its or their officer; agents o, employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any teal all costs, charges, moneys fees and ofa expenses, any and all judgments that may be incurred by or obtained optimal the Purchaser or my of its or their officers, agents or employers in such suits or other proceedings, and in eau judgmen, or other lien be placed upon a obained agairet the property offe Purchaser, or said parries in or ses a result of such suits or other proceedings, the Seller will at once care the same to he dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guard necessary for the prevention of accidents, comply wif all laws and regulations with regard to safety including• but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued ptasum, thereto. Revised 070014