HomeMy WebLinkAbout504814 CONCRETE-VISION LLC - PURCHASE ORDER - 9146661Fort Collins
Date: 11/13/2014
Vendor: 504814
CONCRETE -VISION LLC
517 N LINK LN SUITE E
FORT COLLINS CO 80524
PURCHASE ORDER
PO Number Page
9146661 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: OPERATIONS SERVICES
CITY OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS CO 80521
Delivery Date: 11/13/2014 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 281 N College Avenue
Tile and base removal, grout
removal, repair cracks and holes
grind and poish per quote
dated 7/21/14.
Slurry coat to Floors.
Color to be selected by owner.
Night work.
Contact: James Warren
Ph# 970-222-3235
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, Fart Collins, CO 80522-0580
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com
1 LOT LS
25,242.25
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Page 2 of 2
1. COMMERCDM.DEfA1LS.
Tax exemptions. By satule she City of Fan Collins is exempt from site and local hours. Our Exemption Number is
I L NON WAIVER.
98-04502. Federal Excise Tax Exemption Cmificate of Registry 84-6000587 is ¢gisterd with the Collector of
Failure of file Purchaser to insist upon strict performance of the terms aM conditions hereo[ failure or delay to
Internal Revenue, Denver, Colorado (Ref Colorado Revisal Statutes 1973, Chapter 39-26, 114 (a),
exercise any rights or rtmrdies pmndcd herein or by law, failure to promptly notify the Sella in the event of a
breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of
Gods Rejected GOODS REJECTED due to failure w meet specifications, either when shipped or due to defects of
my of the wormnties or obligations of Nis purchase order and shall not be clamed a waiver ofany right of the
damage in trnmit, may be retumd to you for credit and ere trot to be replaced except upon receipt of wrir.
purchaser so insist upon audit paramount heral any in. rights a remaE ns to my such goads, regardless
instructions from the City affair Collins.
of when shipped, received or accepted, ns to any prior or subsequent dcfauh heremWer, nor shall any purported
oal modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the lends
Inspection. GOODS are subject to the City of Fan Coll ins inspection on arrival.
hereof.
Final Acceptance. Receipt of the memhmdiss, services or equipment m response to Nis order can mull in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
undaunted Payment on the port of the City of Fan Collins. Hnxever, it is to be understood that FINAL
Sella and the Purchaser ncageix that in acnml m mic practice, overcharges sesulting from h andrn
ACCEPTANCE is dependent upon completion of all epplialil, required inspection phcedmix.
violations arc in fact some by the Purchaser. Thammfo¢nfor boost cause and as camideatim for executing this
purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have Or hereafter
Freight Tmi Shipments most be F.O.D., City of Fort Collins, 900 Wood St., pan Collins, CO 80522, unless
acquired under fdeal or state antitrust laws for such overcharges relating to the particular goods or services
otherwise specified on this order. If permission is given to prepay freight and charge smamlely, the original freight
purchased or acquired by the Purchaser pursuant to this purchase order.
bill must mcomanv invoice. Additional chances for arckine will not be, accented
Shipment Distance. Where manurnsurm have distributing points in various pans of the country, shipment is
expected from the nearest distribution point to destination, and excess freight will be deductal from Invoice when
shipments are made from greater disunce.
Permits. Sella shall procure at sellers sale cast all necessary pandits, artiftcates and licenses required by all
applicable laws, regulations, ordinances and rules of the stare, municipality, territory in political subdivision whet
the work is performed, or required by any other duly constituted public .,horiry having jurisdiction her the work
Of victims. Seller further agrees to hold the City of Fort Collins harmless form and against all liability and lass
incurred by them by reason of on asserted or established violation of any such laws, regulations, ordinances, roles
and requirements.
Authorivatimn. All parries to this contact agree that the representatives are, in fact, form fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the s mu and conditions stand
herein set fords and any supplementary or additional tams and conditions annexd hereto Or incorporated herein by
reference. Any dditiowl or diffomt train ad cmtditiom pupesal by seller art obj.d so and hereby japed.
2. DELIVERY.
PLEASE ADVISE PURCHASMG AGENT immediately if you cannot make complete shipment w amve on your
Promised delivery date as noted. Time is of the essence Delivery and performance most be affected within the time
vernal on the parcham, order ad the documenu ordered hereto. No acts of the Puhhasers including, vertical
limitation, acceptance of partial late deliveries, shall operate res a waiver of this provision. In the ream ofmy delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the oda t of placing this .,it, elsewhere
and holding the Seller liable for dannages. However, the Seller shall not be liable for damages as a result of delays
due to tames not reasonably foreseeable which me beyond its reasonable control and without its fault of negligence,
such ants ofGd, acts ireml or military adllrnrllies, governmental pdori6es, fires, strikes flood, epidemics, wars Or
riots provided that notice of the conditions causing such delay is given as the Purchaser within rive (5) days of the
time when the Sella first received knowledge thereof. In me event of my such data, the date of delivery shall be
extended for the period equal to the time actually lost by season of the delay.
3. WARRANTY.
The Sella werinats that all good, articles, msv nels and work covered by this order will conform with applicable
drawings, spxifieations, samples mortar other descriptions given, will be fit for the purposes intended, srW
Performed wily the highest degree of care and competence in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchsser may suffer or inch on account of the Sellers breach of wasmny. The Sella shall uplace, rrpau or make
good, without cast to the purchaser, any def ts or faults arising within me (1) year in within such longer peed of
time as may be prexMal by law or by the terms of any applicable weaddy provided by the Seller after the date of
acceptance of the goods fumishal hereunder (zccrytance not be unreasonably delayed), resulting from imperfect
or directive work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver of any it. under this waranty. Except as ahenwise provided in His purchase order, the Sellers
liability remember shall extend to all damages proximuily caused by the breach of any of the, foregoing wenci ies
in guarantees, but such totality shall in no event include loss of profits or lass of ass.. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may rake changes to legal hams by women change order
5. CHANGES IN COMMERCIAL TERMS.
The Phobaser may make any changes to lye temu, other than legal terms, including additions to Or deldons from
the gwmtilies originally ordered in the specifications or drawings, by verbal or women change order If any such
change affects the amount due or the time ofperform me hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purehasa may at any time by women change order, terminate this agreement as to my or all portions of the
goods then not shipped, subject to any equitable adjustment between the ponies in 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
Fission might mmis and/or work, for incidental or consequential damages, and that no sash ndjustment be made in
favor of the Sella with respect to my goods which art the Sellers standard thick. No such tooduation shall relieve
she Purchaser or Ne Seller army of their obligations as; to any goads delivered hmruda.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thirty (30) days from the date the change or lamination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have ban produced, old, delivered and famished in strict
omplirom with all applicable laws and regulations to which the goods are subject. The Seller shall execute nand
deliver such documents m may be required to eBeat or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees on
indemnify ad hold the Purchaser hedaless from all costs and damages suReud by the Puuhaur ns a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neithef pan,, shall assign transfer, or convey this Order, or any Of. due Or as become due hereunder waboul she
prior wntred consent of the other pay.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser far all equipment, materials, and items famished
in Performance of this agreement, free and clear of any mall all lien, restrictions, reservations, mainly interest
cocumbrences aud claims aromas.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to mnem nonconforming or defective gods by a dose to be appeal upon by the
Purchaser and the Seller, and the Seller darafter indicates its inability or unwillingness to comply, the Purchaser
may cause the work to be performed by the most expeditions means available to it, and the Sella shall pay all
casts associated wish such work.
The Seller shall relexa the Purchaser and its contractors of any pia than all liability and claims of my mature
resulting from the performance of such work.
This release shall apply even in the event of fault of negligence of the pmry mlessd add shall extend to the
directors, officers and employees ofsach party.
The Sellers ornamental obligations, including warranty, shall not be deemed to be reducd, in any way, became
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Sella is rmunal to use may design, device, material or process covered by truer, patrnh trademark
r copyright, the Seller shall indemnify and seer harmless ore Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, material or process in connection with she condom, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosantion or after the completion of she work. In au said equipment, or
any part thereof or one intended par of rise goods, is in such suit held to andsture infringement and she use of
aid equipment or pan is enjoined, the Seller shall, at its own expense and of its option, either procure for the
Purchaser the right to continue using said equipment a parts "I., the same with almortially cgml but
noninfringing equipment, or modify it so it becomes noninfdnging.
15. INSOLVENCY.
If the Sella shall become insolvent or usual make His assignment for the benefit of auditors, appoint a
deceiver or mate, for my of the Sellers property or business, this order may fan ovitb be canceled by the
Purchaser without family.
16. GOVERNING LAW.
The definitions affirms mal or the interpretation afrhe agreenrcnt and the rights of all parties hereunder shall be
crm usd under and gwassed by the shwa of lye Sure ofColoredm USA.
The fallowing Additional Conditions apply only in cases where the Sella is to perform work hereunder,
including the services of Sellers Remormative(s), on the premises hinders.
17. SELLERS RESPONSIBILITY.
The Seller shall carry, an said work in Sellers own risk rant ore same is Rally completed and maptal. ad shall,
in au of my accident, destruction or injury to the work andur materials before Stiles final completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials
aal equipment are furnished by others for installation or Mellon by she Seller, the Sella shall receive, unload,
stow and handle same at the site and become responsible therefor ss though such mateMk andtor equipment
were being fmreml by Nc Sella under the order.
I S. INSURANCE.
The Seller shall, at his own expecue, provide for the payment of workers eompemstioa including .,atioml
divam benefits, to its employees employed on or in connection with the work covered by this purchase order,
ardor as thee dependents in acordxnce with the Is. of Ne state in which she work is to be door. The Seller
shall also any compmhemive general liability including, but not limited to, anntmcnul and automobile public
liability insurance with bodily injury and death limits of in least $300,000 for any one person, 8500,000 for my
one accident and property damage limit per accident of $400,000. The Seller shall likewise organic his
co
ntractors if any, to provide for such compensation and insurance. Before my of the Sellers or his contractors
employees shall do my work upon the premises of others the Sella shall famish the Pnrohaser with a certificate
that such compensation ad moment have been provided Such anifiates shall specify the date when such
compensation and insurance have been provided. Such certificates shot] specify the date when such compensation
and insurance expires. The Seller agrce, that such compensation and insurance shall be mointaind until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assumes the train remonsibiliy and liability for my and all damage, loss or injury of my kind
or nature whatsoever to persons or property caused by or resulting from the execution ofshe work provided for in
Has purchase order or in connection herewith. The Seller will indemnify and hold hamdese the Parchsser and any
r all of the Pumhasers oRcers, agents and employees from and against any that all claims, losses damages,
charges or expenses, whether direct or indirect ad whether to Saudis or property to which the Purchaser may
be pal ar subject by ream. of any act, achod, nrglect, omission or default On lye part of the Sella, any of his
contmemrs, Or my of the Sellers or contractors officers, agents or employees. In case my suit in other
proceedings shall be brought againsl the Purchases, or its oRcets, agents or employees at any time on account or
by reason of any act. action, neglect, omission or default of the Seller of any of his contractors or any of its or
their officers, agents or employees as aforesaid the Seller hereby agrees to assume the defense Hereof and to
defend the same at the Sellers man expense, 0 pay my sal all casts, charges, momays has ad other expenses,
any and ell judgments that may be incurred by ar obtained against the Purchaser or my of its ar 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 Factories, or said parties in or as a result of such suits or other proceedings,
the Seller will at once cause the sate to be dissolved and discharged by giving band or otherwise. The Sella and
his contractors shall take all safety precautions famish and head all goarts necessary for the prevention of
ccidents, comply with all Laws ad regulations with regard as safety including. but without limiudon, fire
Occupational Safety and Health Act of 1970 and all Its and regulations issued pursuant thereto.
Revised 07n014