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HomeMy WebLinkAbout504618 CONCRETE EXPRESS INC - PURCHASE ORDER - 9124039 (3)Fort Collins Date: 10/1312014 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 M CHANGE ORDER 28 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 6,104.70 i[1llwZ71 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Callim is exempt fmm sine mnd local macs. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cenificam of Registry 84-6000587 u registertd with the Collector of Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Serrate 1973, Chapter 39-26. 114 (a). Goads Rejected. GOODS REJECTED due no failure to meet specifications, either when shipped or due to reports of damage in transit, may be rctumnd to you for credit and are not to be replaced except upon receipt of written im outtions from the City of Fon Collins. Inspection. GOODS are subject as the City of Fan Collins inspection an amval. Final Acceptance. Rmcipt of the merchandise, services or equipment in response to this order can result in authorized payment on the pan of the City of Fan Collins. Hawmer, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of al l applicable required inspection procedures. Freight Dacron. Shipments must b, F,O.H., City of Fan Collins, 200 Wood St., ran Collins, CO 80522, unless otherwse specified on this order. If permission is given to prepay freigln and charge sep:uately, the original freight bill must accompany invoice. Additional chatga forpcking will not bo aoeaptnd. Shipment Dishmce. Where manufacturers have distnbnting points in various pans of the country, shipment is expected from the record distribution point to domestic, ad exms freight will be deducted fmm Invoice when shipments are made from greater distance. Panama. Seller shall procure at sellers sole over all necessary permits, ttrlifirsta end license required by all applicable laws, regulations, ordinances and toles of We stair, municipality, territory r political subdivision where the work is performed, or required by any other duly cautioned public confirm, having jurisdiction over the work of vendor. Seller further agmr, 1. held the City of Fart Collins harmless from and against all liability and has incureast by them by reason area asserted or established violation of any such laws, regulations, ordinances, miles and requbements. Autheniicalior. All parties to Was contract agree that We eapremnatives are in fact, bow Cede and possess full and constrict, authority m and said armies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions smtnd herein sett rn and any mpplenamery or additional terms and conditions annexed hereto or incmrpomtnd herein by reference. Any additional or uppercut terra and conditions proposed by seller are objected to and hereby (ejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately Hymn cannot make complete shipment a move on your promised delivery dam as noted. Time is of the essence. Delivery and performance must b, effected within We time stated on the purchase order and the documents attached herein. No acts of the Purchmer including, without limitation, acceptance of partial htte deliveries, shall operate m a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable re scams, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not b, liable for damages as a result of delays due to causes not reasonably foreseeable which am beyond as rommnable cooed and without its fault of negligence, such acts of God, acts ofcivil or military authorities, govemmencol promises,! s, stakes, flood, epidemics, wars or no¢ provided that notice of the conditions causing such delay is given to the Purchoscr within five (5) days of the time when the Seller Gat received knowledge thereof In the event of any such delay, the date of delivery shall be extended fur, the period equal m the time actually last by prow n orate delay. 3. WARRANTY. The Seller wmmnts Wm all good, anodes, materials and work covered by this order will conform with applicable dmwm,, spccifncatiom, samples -War mder descriptions given, will he fit for the pmpmas intended, aril performed with the highest degree of care and competence in accordance with accepted standards far work of a -molar nature. The Sella, agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of wananty. The Seller shall replace, repair or make good, without cost to the purchase, any defects or faults easing within one (1) year or within such longer period of tame as may be, ptesenbM by law ar by the corms of any applicable x' 1, provided by the Seller offer de date of acceptance of the good Banished hereunder (acceptentt act to be unreasonably delayed), awaiting been impM t or defective work done or materials famished by the Seller . Acceptance or use of good by the Purchmer shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages maximamly caused by the breach of any of the foregoing wom now, or guarantees, but such linbiliry shall in no event include lass 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 I. legal terms by written change order 5. CHANGES IN COMMERCIAL TERMS. The Pmchneer may make any changes m the mom, other than legal morns, including aaldniom m err deletimrs from the quantities originally ordered in foe sped Gcations or drawings, by verbal or written change order. If any such change afire¢ the amount doe or the time ofperformanee hereunder, an Infiable adjus um nt shall be made. 6. TERMINATIONS. The Purchaser may at any time by watch change order, terminate this agreement as to any or all portions of the goods than an shipped, subject m any pourable adjustment between the panics as to any work or materials then in progress provided that the Purchmer shall not be liable for any claims for anticipated profits on the uncompleted ,onion of the goods and/or work, for incidental or commandant damages, and that no such adjustment be made an favor of the Seller with respect to any good which art We Sellers standard stock. No such mrmination shall relieve the produces, or foe Seller of any ofNeir obligations m,a any good delivered hereuner. Z CLAIMS FOR ADIUSTM ENT. Any claim for ndjustment must be asserted within thirty (30) days from the dam the change or termination is .Meted. S. COMPLIANCE WITH LAW. The Seller wmmnls that all goods sold hereunder shill have boon producer, sold, delivered and f ached M shim compliance with all applicable laws and regulations to which the goods art subject. The Seller shall execute and deliver such documents as may be required to elect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmla , from all costs and damages suffered by the Purchaser s, a trial, of are Sellers failure 10 comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written cement of the other Patty. 10. TITLE. The Seller warrants full, clam and commerical title as We Purchaser for all equipment, materials, and items furnished in performance of this agreement, fair and clear of any and all liens, restractiom, reservations, security interest mcumbrancesand claims of others. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the mars and conditions hereof, failure or delay to anedies y rights or remprovided herein oto pm r by law, failure aptly notify We Seller in the event of a breach ethe acceptance offer payment for goods hereunder or approval of the design, shall not racom the Sella of any of the waranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received or acceptnd, as to any prior or subsequent default hereunder, nor shall any perwa d and modification or rescission of this purchase order by the Pmchun operate as a waiver of any of the terms barter. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognise that in sound economic practice, overcharges resulting from antiwst violations are in pact home by the Pue baser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the purchaser any and all claims it may now have or recreation acquired under fndeml or sate antitrm, laws far such overcharges relating to the particular goods or services purchased or ac,mond by the Purchaser pursuant to Wit purchae mder. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Iflhe Purchaser careers the Seller to cancer nonconforming or defective gn der by a data to be agreed upon by the Purchase( and the Seller, and the Seller thereafter indicates its inability or anwill in,,,, to comply, the Pumhasa may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs ressocuted with such work - no Seller shill releme the Purchaser and its conrrutors of any an Rom all liability and claims of any nature resulting Farm the perf.rmnnce of such work. This calcine shall apply even in the event of fault of negligence of the pay released and shall extend to the directors, officers and employees ofmch party. The Sellers contractual obligations, including warranty, shall not be demand to be reduced, in any way, becmem such work is performed or caused to be performed by We Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Sella shall indemnify and save hornless the Purchaser fmm any and all claims for infringement by reason of the one of such retained design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense r damage which it may be obliged I. pa, by reason of such hlHng great at any time during We prusnution 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 constitute 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 equipment or pans, replace the same with substantially peal but comminuting equipment, or modify it an it becomes n.ninfanging. 15. INSOLVENCY. If tee Seller shall become insolvent or baNmpt. make an assignment for the benefit of creditors, appoint a receiver or trustee for any of line Sellers property or business, this order may fonbwath be canceled by the Purchaser without liability. 16. GOVERNING LAW. The deGdri res offs. used or the interpretation of the agreemeat and the rights of all Pod. hereunder shall be commued under and gwrined by the laws of the Sam of Colerad., USA. The following Additional Conditions apply only in where the Seller is to perform work hereunder, including the services of Sellers Representative(c), on thecases premises ofo hers. 12. SELLERS RESPONSIBILITY. The Seller shift eery, on said work at Sellers own risk until the same is fully completed and acceptnd, and shall, an case of any accident, destruction or injury to the work and/or materials before Sellers foal completion and acceptance, complete the work at Salle s own expense and an the satisfaction of the Purchases. When materials and equipment are famished by others for Marallmion or errear. by the Seller. she Seller shall receive, unload, stare and handle same at the site and become responsible therefor as though such materials m0ar equipment cane being famished by the Seller coder be oeda. IS. INSURANCE. The Seller shall, at his own expense, provide for We payment of workers compensation, including occupational disarm benefits, to its employees employed on or in connection with the work covered by this purchase order, .a&., to than dependents in accordance with the laws of flue stale in which the work is to be done. The Seller sbnll nlm carry comprehensive general lidainy including, but not limited to, contmmml and automobile public liability insurance with bodily injury and death limits of of least $300,000 for any one Person, $500,000 for any conoccident and property damage limit per accident of $a00,0o0. The Seller small likewise esquire his tractors, if any, to provide for such compensation and insurance. Before any of the Sella or his contractors employees shall do any work upon the parrui of others, the Seller shill famish We Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the doe when such compensation and insurance have been provided. Such ceinfleams shall specify the date when such compensation and insurance expires. The Seller agrees that such compenation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assuam the entire respomamba, and liability for any and all damage, loss or injury of., kind or mrure 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 harmless the Purchmer and any r all of the Purchasers officer, agents and employees fmm and around any and all claims, losses, damages, charges or expemes, whether direct or indirect, and whether to persom or property to which the Purchaser may be put or subject by main of any act, action, maggot, omission or default on the pan of We Sella, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In ass any suit r other proceedings shall be brought against the Purchaser, or its officers, agents in employees st any time on aceowt or by reason of any act, action, neglect, omission or default of the Seller of any of his contactors or any of its or their officers, .is or employees as aforesaid, the Seller hereby agrees to assume We defense thereof and to defend the same at the Sellers awn 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 tee Purchaser or any of has or their officers, agents or employees in such suits or other proceeduigs, and in ease judgment or other lien he placed upon or obtained against the property of the Purchases. or said parties in or as a result ofmch suits or other prammiangs. the Seller will at once cause the same to be dissolved and disclonged by giving bond or olhcmise. The Seller and his contractors shall coke all safety precautions, fomish and Immll all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Hea1W Act of 1970 and all toles and regulahom issued pursuant therein. Revised 022014