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HomeMy WebLinkAbout504618 CONCRETE EXPRESS INC - PURCHASE ORDER - 9124039 (4)PO PURCHASE ORDER 912403er Page C117/ of PURCHASE 24039 1 of 3 `t Collins( hisnumber must appear ` v 1'�7 on all invoices, packing sli s and labels. Date: 11/13/2014 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 UOM Unit Price Extended Ordered Price e5 Correction 1 LOT EA -133,000.00 change account numbers Hi John, in getting ready to close out this PO, I need an adjustment made between account numbers for PO#9124039, Concrete Express. Please reduce: 400903240.563040.90 ($133,000.00) Please increase: 400903220.563040.90 $133,000.00 Let me know if you have any questions on this. as Correction 1 LOT EA 133,000.00 change account numbers 91 CHANGE ORDER 29 1 LOT EA 515:00 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.00m Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 130 PURCHASE ORDER 912403er Page City of PURCHASE 9124039 2 of 3 C6rt Coltins This number must appear //_^,'`�—J`' ` on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 88 CHANGE ORDER 29 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@fogov.00m 1 LOT EA 4,765.28 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 3 of 3 I. COMMERCIAL DETAILS. Tax emmp .m. By statute the City of F.a Collins is exempt f sate and Iwal ..as Our Exemption Number is 98-04502. Federal Excise Tax Exemption Carificam of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colombo (Ref. Colorado Revised Saint. 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, sufer when shipped or due to defers of damage in mnih may be mourned m you for credit and are mot to be replaced except upon m'eipt of wrinm moms ions floor the City of Fan Collins. Inspection. GOODS are subject W the City of Fod Collins insparrion on mrivol. Final Acceptance. Receipt of the merchandise, services r equipment in .pose to this maker car mina lu authorized payment on the pan of the City of Fan Collins. Believe, it is to So understood that FINAL ACCEPTANCE is dependent upon completion ofall applicable required inspection procedure. Freight Terms. Shipments most be FOR., City of Fan Collins, 700 Wood St., Fan Collins, CO 80522, unless ofavvise specified rat this Omer. If permission is given to prepay freight and charge separately, the original freight bil I most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers base distributing points in various parts of the country, shipment is expected from flu, nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments arc nude from greater distance. Permits. Seller shall pore... at sellers sole cast all act., permits, certificates and licein. required by all applicable lows. regulmimu, ordinances and roles of fe state, municipality, territory 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 Fan Collim harmless from and against all liability and loss incturand by them by reason of an asserted or established violation of any such laws, regulations, ordinances, mles OW requirements. Aafmizalimn. All parties rs this contract agree fat the representatives am, in fucL bow fide and pmsess full and complete authority to bind said patties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the team ad conditions strati herein set forth and any supplementary or additional tenon and condition..W hem. or inempomted herein by reference. Any additional or diBerms a. cand condition proposed by xlla, are objected nand hereby rejected 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifem carmen make complete lJoyn m to arrive on your promised delivery date. noted Time is ofthe essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached harem. No acts of the Purchasers including, without limitation, acepace of Wtiul ]ate deliveries, shall operate re a waiver organ provision. In the .'cut of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the Option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall at be liable fur damn,. as a result of delays due to came, not reasonably freseeoble which are beyond its reasonable control and without its fault of negligence, such acts of God, acts ofi isil m military authorities, governmental priorities, fires, strikes, Bad, epidemics, wars or riots 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 therm[ In the event Of any such delay, the dam of delivery shall be extended for the penal equal to the lime actually lost by reason of the delay. 3. WARRANTY. The Seiler warrants that all good, articles, materials and work covered by this Omer will conform wit applicable drawings, spccificalions, samples soldier other descriptions given, will be fit for the purposes intended, and perforated with the highest degree of cam and competence in accordance with accepted standard for work of a milar nature. The Seller agrees to hold the purchaser broaden from any loss, damage or expense which the Purchase may sulfa or incur on account of the Sellers breach of wamnty. The Seller shall replae, repair or make good, without cost to the purchaser, any defers or faults arising within one (I) yanr or within such longer period of lime as may be pr.cribW by law or by fe rem, of my applicable warrdnry providW by the Seller after fe dam of neo pasrxe of the good famished hemunder (acceptance not to be unreasonably delayed), resulting from impeffat or defective work done or colonels Famished by the Seller Acceptance or use of good by the Purchaer shall nor ..farm a waiver ofully claim under this waranry. Excepl. notion. provided in Na purchase We, the Sellers liability hereunder shall extend to all damages proximately causal by the branch of any of den foregoing x'ammers or guamnms, but such liability shall in no event include loss ofprofits or hoes 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 w'riuen change color S. CI]ANDES IN COMMERCIAL TERMS. The Purchaser may make any Changiol to the terms, other than legal lean, including additions tu or deletium from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change erects the amount due or the time of performance hereunder, an equitable adjmnncnt shall be mode 6. TERMINATIONS. The Purchaser may at any time by women change Omer, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to my work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods andlor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller wif raped to any good which are the Sellers standard stork. No such termiwtim shall relieve the Purchaser or fc Seller ofany oftheir obligation as to any goods delivered hereunder. J. CLAIMS FOR ADJUSTMENT. Any claim flu ndjmtmcnt mast be assW W within Navy, (30) days from fe data fe change or mun iratim u Ordered, 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereander shop hose been produced, sold, delivered and famished in stria compliance with all applicable laws and regulations m which the goods am subject The Seller shall execute and deliver such documma in my be cautioned in effect or evidenre compliance. All laws and regulations required to be mompamted in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify end hold the Purchaser harmless fiord all casts and damages suffered by the Purchaser. a reult of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither puny shall assign, transfer or convey this Omer, or any monies due or to become due hereunder without the prior written cement of the caber party. 10. TITLE, The Seller warrants full, clear and unrestricted tide to the Purchaser for al I equipment, materials, and items famished n performance of this agreement, flu and clear of any and all liens, restrictions, reservations, security ]merest encumbrances and claims of others. 11. NONWAIVER. Failure of the Purchaser to insist upon strict Performance of the tomes and conditions hereof, failure or delay to tiny rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance Of., payment far goods hereunder ar approval of the design, shall cot release the Seller of any of the.1i. or obligation of this purchax order and shall Out be, domed a waiver of any right of the Purchaser to insist upon strict ammuccuric herreofmany of its rights or remedies as to any such good, regmdlas of when shipped, mewed or accepted, as to any prior or subsequent default hereunder, nor shall any ptuported oral modification or rescission of this purchax oma by f Purchaser operate as a waiver of any of the 1. hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize but in actual a is practice, overcharges resulling from antitrmt violations are in fact Nome by the Purchaser. Theretofore, forgoodcause and m consideration for executing this purchase order, the Seller hereby assigns to rue Purchmor any and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overcharges relating to the particular good or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller W correct nonummrning or defective goods by a date Ira be agreed .,an by the Purchaser and the Selleq and the Seller themnRer indicates its inability or unwillingness to comply, the Purchaser may cans, the work to be performed by the most expeditious means available to it, and the Seller shall pay all some amociand with such work. The Seller shall releas, the Pmclu er and its contractors of any tier fiord all liability and claims of any nature resulting from the performance clinch work. This release shall apply even in drc event of fault of negligence of the party relcud and shall extend to fe directors, mlicars and employees of such party. The Sellers comacrud obligation, including somm ny. shall nor be dinned m be reduced, in any wary. because such work is porarrad or camadto be pert eel by the Ptuchmer. 14, PATENTS. Whenever the Seller is required to me any design, device, material or process covered by leners patent, tadewlk or copyright, the Seller shot] indemnify and save harmless the Purchaser Item any and all claims for infringement by reason of the use of such patented design, device, material or process lu connection wit the contract, and shall indemnify the Purchaser for any cast, expense at damage which it may be obliged to pay by maven ofsuch infringement at any time during the prosecution or other the completion of the work. In case said equipment, or any pan thereof or the intended me of the good, is in such suit held to constitute infringement and the use of said equipment or pat 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 pats, replace the same with substantially equal but noninfdnging equipment, or modify it so it becomes mainfringing. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver of trustee for any of the Sellers property Or business, this Omer may forthwith be canceled by the Purchase without liability. 16. GOVERNING LAW. The definitions of tents and or the inmrpremtion of fe agreement and the rights of all parrc, hercundef shall be comtrped under and governed by fe laws of the State ofColomdo, USA. The fallowing Additional Condition apply only in cases where the Seller is an perform walk hereunder. including the services of Sellers Represenative(s), on fe premises ofofers. 17. SELLERS RESPONSIBILITY. The Seller shall mny on said work at Sellers awn risk until the same is fully completed and accepred, and shall, in use of my accident, destruction or injury to the work andre matenals before Sellers fowl completion and acceptance, complete the work, at Sellers own expense and to the satisfaction of the Purchaser. When wrmals and gdpmmt are furnished by colons for installation or crcdioo by the Seller, the Sella shall meive, unload, store and handle came at the site and become respomible therefor . though such mission andror equipment were being famished by the Seller under fe order, 18, INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including cecuputimal disease benefits, to its employees employed on or in connection with the work covered by this purchase order, andaur to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and deaf limits of at least $300,000 for any one person, S500,t100 for any accident and pmpeny damage limit per accident of SWO,000. The Seller shall likewise rquim his contractom, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upan the premises of others, the Seller shall fiunish the Purchaser with a cWifianm For such compensation and immune have ban provided. Such sndiuse, shall specify the dam when such campen,anon and insurance have been provided. Such cetificate, shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and inurance shall he announced until after the notice vooh is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby mountain the entice r.pomibility and liability for any and all damage, loss or injury ofany kind r ratan, whatsoever to perfom or property caused by or resulting from the execution offe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers oflcers, agents and employees from and at. any and all claims, loss., damages, charges or expenses, whether direr or indimt, and whether to person or property W which the Ptuehucr may be put or subject by mason of my act action, aglsL omission or default an the part of Our Seller, any of his contractors, m any of the Sellers or commemrs mMe—, agents or employs, In cox any ..it or ofor proceedings shall be, brought againt the Purchaser, or its officers, agents or employees at any lime on account or by reawn of any ad action, neglect, omission or default of the Sella of my of his wnmactors or any of its or their officers, agents or employes as afaresaid, the Seller hereby spars to .some the defense therm( and m defend the same at the Sellers own.pase, m pay any and all rasa, charges, marstys fees and other expenses, any and all judgment, 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 lien be placed upon or obtained against the property of the Purchaser, ar said parties in or. a null clinch suits or other procadmon. the Seller will at once cause the came m be dissolved and discharged by giving band or oferwise. The Seller and his contractors shall take all safety precautions, famish and instill all guards necessary for the prevention of residents, amply wilh all laws and regulations with regain to safely including, but without limitation, the Occupational Safety and Health Act of 1470 and all rules and regulations issued Finland thereto. Revised 07/ 014