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HomeMy WebLinkAbout504618 CONCRETE EXPRESS INC - PURCHASE ORDER - 9141051 (2)Fort Collins Date: 11/21/2014 PURCHASE ORDER PO Number Page 9141051 1of2 This number must appear on all invoices, packing sli s and labels. Vendor: 504618 Ship To: ENGINEERING DIVISION CONCRETE EXPRESS INC CITY OF FORT COLLINS 2027 W COLFAX AVE 281 N COLLEGE AVE DENVER CO 80204 FORT COLLINS CO 80521 Delivery Date: 02/12/2014 Buver: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 Mason NRRC Overpass Change order #1 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 1 LOT EA 20,056.90 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terif s and Conditions Page 2 of 2 1. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 9"503. Fedeal Exciw Tax Exemption Cenificau of Registry 84fi 587 is registered with the Collector of Internal Revenue, Forever, Colorado (Ref. Colorado Revised Statures 1923, Chapter 39-26, 114 (a). Goods Rejected, GOODS RUEMD due to failure ro meet specifications, either when shipped or due to defects of damage in transit, may be returned to you fin credit and am not to be replaced except upon receipt of written Mono ers farm the City of Fan Collins. Inspection GOODS are subject eo the City of Fen Collins inspection on mrival. Final Acceptance. Receipt of the merchandise, sent equ ipment uipment in formula to this order can result in authorized payment on the part of the City of pan CMllica however, it is to be understood that FINAL ACCEP I'ANCE is dependent upon completion of all applicable measured inspection procedures. Freight Terms. Shipments matt be F.O.B., City of Fen Collim, 700 Wood Sr, Fon Collins, CO 80522, unless whetxise specified oa this order. If permission is given to prepay freight and charge separately, the original (night bill most accompany, invoice. Additional charges for packing will not W accepted. Shipment Distance. Where m nofactmers have distributing points in various puns of the octalry, shipment is expected from the nearest distribution paint to destination, and excess freight will he deducted from Invoice when shipments are made fmm greater distance. Penn. Seller shall procure at sellers sole cast all nacre.. permits, cenifwtes and lace. required by all applicable laws, regulations, ordinances and rules of the state, municipality, homory or political subdivision when the work is performed, or requirnd by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Pon Collins harmless fmm and against all liability and loss incurred by them by reason of an marked or established violation of my such laws, regulations, ordinances, Mies and rryuiremenrs. Authorization All ponies to this coated agree that in, repmcntmives are, in fret, bow fide and possess full and complete authority m bind said panin. LIMITATION OF PERMS. This Purchase Order expressly limits acceptance to the cons 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 team and conditions proposd by seller are objected to and hereby rejected. 2 DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment an arrive on your promised delivery data as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase under and the documents attached herein. No erns of the Purchasers including, without limitation, -commove of panin) fare deliveries, shall operate as a waiver of this provision. In the event ofany delay, the Purchaser shelf have, in addition to oNer legal and aryimble remedies, the option of placmg this order alsewhom and holding the Seller liable for damages. However, the Seller shall not be liable for damages . is result of delays due to causes not reasonably retraceable which are beyond its reassemble control and without its fault of negligence, such acts of God, acts of civil or military impurities, governmental priorities, fires, strikes, Boor, 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 raceived knowledge doctor In the wen, Of any such delay, the date of delivery shall be extended for the proud egal to the time actually lost by reason ofdar, do],. 3. WARRANTY. The Seller warrants thal all good, rwicles, materials and work covered by this order will conform with applicable drawings, specifications, samples ander other descriptions given, will be fit for the purposes intended, and performed with the highest degree of cart and competence in accordance with accepted smudards for work of a eefter rature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Nuclei may suffer or incur on account of the Sellers breach ofvalmnty. The Seller shall replace, colum or make good, without cent to the purchaser, any officers or faults arising within one (U your or within such longer'mod of time se may be prescribed by law or by the terms of my applicable wormy, provided by the Seller after the dam of acceptance of the goods finished hereunder (acceptance not to be unreasonably delayed), resulting flown imperfect or defective work done w crateriak famished by the Seller. Acceptance or me of good by the Purchase stall nor constitute a waiver of my claim under this womanly. Except as otherwise provided in this purchase order, The Sellers liability, hereuedm shall extend 10 all domain, proximately eauxd by f¢ breach of., of the foregoing a —none, or gromentea, but such liability shall in no event include loss of pmfie, or less of uw. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The perchance ray make changes to legal mrms by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Professor may make any changes as the terms, other thin legal terms, including additions to or deletions From the quantities originally ordered in the speei ficaliom or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperformance herounden an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrinm change order, terminate this agmnment as to any or all Famous of the good then .1 shipped, subject to any egMarble Mr.. berwerm the permits as to soy work or materials barn in progress provided that the Purchaser shall not be liable for any claims for anticipated Profits on the uncompleted ponion of the good and/or work, for incidental or omaNumtird damages, and door no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers seemed stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any good delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjuttmend must he asserted within Bury (30) days fmm the dam the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and fumishad in sin mmplaonce xith all applicable lax. and regulations to which the goods art wbjecr The Seller shall execute and deliver such documents as may In, received to effect or evidence compliance. All laws and regulatiom rryuirtd to he winegrower] in agreements of this character me hereby in er,or and heroin by this reference. The Seller agrta 10 indemnify and held the Purchaser homeless form all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither paery shall assign, farther, or convey this order, or any monies due or an become due hereunder without the prim writen moment of the oNer parry. 10. TITLE. The Seller warrants full, clear and uoresicted title to me Purchaser for all equipment, materials, and items famished in p rbarmaace of this agreement, free and clear of any and all lives, ravietion, reservatims. security interest encumbrances and claims ofothers. 11. NONWAIVER. Failure of me Purchaser to imut upon tariff performance of the reran and mrddiom hereof, failure or delay to exercise any rights or remedies provided herein at by law, failure to normally notify the Seller in the event of a breach, the accepwnce for payment for goods h<reuMn or approval fthe design, shall as release the Sell, of any of the warranties or obligations of this purchaw order and sluff nor be deemed a waiver of any right of the purchaser to insist upon Wet performance hereof or any of its rights or m ndies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hercurudep nor shall any purpomed Orel Modification or rescission of this pmchase order by the Purchaser operate as a waiver, of any of the weus her of. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller end the Purchaser margnim that in actual economic practice, overcharges resulting from andrus, violations me in fuel home by the Purchaser. ThorrtmMes, far good cause and as consideration for executing this purchase offer, the Seller hereby assigns m the Purchaser any and all claims it may now have or hereafter widened oNer federal or sate antitrust laws for such overcharges reining to the particular good or services pmchowd or acquired by the Purchaser pursuant to this Purchase order. 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, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cease flrc work to fo performed by The son expeditious meant available to it, and the Seller shall pay all frosts associated with such weak. The Seller shall intense the Purchaser and its comlmeters of any for from all liability and claims of any name resulting from the performance crouch work. This release shall apply even in the evert of fault of negligence of the parry released and shall extend to the direcrors, officers and employees of such parry. The Sellers contmetal obligations, including warned , shall not be deemed to he reduced, in any way, because such work is performed or caused an be performed by the Purchaser. 14. PATENTS. Whenever the Seller as r quiml to true any design, device, mammal or process covered by lenm Fmrnr tmderi or emyrighk the Seller shalt amdemenify and save harmless the Porchaer fmm any and all claims for inicagemmt by testa of the use of such patented design, device, material or process in caramelion wild the mnlmd, and shall indemnify the Purchaser for any ono, expense or damage which it may be obliged to pay by nown crunch infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the Fends, is in such it held to constitute infringement and the use of said eeuapenced or part is enjoined, the Serer shelf, at its own expense and at its option either procure for the Purchaser rise right to continue using said equipment or pars, replace the same with substantially equal but monlnfnging Impmmt, or modify it so it becomes wo inMnging. 15. INSOLVENCY. If the Seller slmll become insolvent nr bunk.,,, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers pmpeey or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftere, sad or the interpretation ofine agreement and the rights of an parties hereunder shall be anstrad under and governed by the laws of the Store of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hertmder, including the services ofScllors Representatives), me the premises rnwhon. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk um11 the same is Polly mmpleted and accepted, and shall, in se of any accident, destruction or injury to the work and/or =aerials before Settees foal completion and acceptance, complete the work at Sidles own expense and to the satisfaction of the Purchaser. When materials and equipment are Nre a d by others for installation or Median by the Seller, Ne Seller shall receive, unload, store and handle more at the site and become responsible therefor m though such materials and/or ecluapmenr were being fumuhcd by the Seller under the oNer. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, as its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with me laws of ehe sale in which me work is to be, done. The Seller shall also wry crmplehers ve general liability including, but riot limited to, eommetual and automobile Public liability insurance with Iwddy injury and death limits of at les, 5300,000 for any one person, 5500,000 for any cne accident and property damage limit per accident of S400,000. The Seller shall likewise require hhasontractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a cenlficate Out such compensation and insurance have been provided. Such comprises shall specify the also, when such ..,.a. and insurance have been provided. Such certificates shall specify, the date when such compensate. .it insurance expires. The Seller agrres that such compeusation and insurance shall be maimained ..,it after the entim work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire respomibility and liability fur any and all tlmnage, loss or injury of my kind or enure whatsoever ro persmm or property famed by or resulting from the execution ofrde work provided for in this purchase order w or mrmmtion foreword. The Sell. will indemnify cud hold heard. Nc Practitioner and any r all of the Purchasers officers, agents and employees from and agaim, any and ell claims, Iessa, damages, charges or expenses, whether direct or indirect, and whether to persons or progeny to which the Purchaser may be put or subject by reason of any and, action, neglecl, omission or default on the pan of the Seller, any of his commdurs, or any of fire Sellers or contractors officers, agents or employees. In cam any suit or other proceedings shall be bought against the Purchaser, or its afters, agents or employees at any fire on account or by resson of my act, action neglect, omission or defauld of the Seller of my of his contrecmrs or any of its w their offers, agents or employees as aforesaid, the Seller hereby agrees 10 assume am del thereof and to defend the same at the Sellers own expense, to Pay any and all costs, charges, a0omeys fees and other expenses, any and all judgments 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 caw judgment or the, lam be placed upon or obeawed agaimt the property of the Powbaon, or said pamiei in or as a result of such suits or other proceedings, the Seller will ad once came Us, same 1. he dissolved anal discharged by giving bond or wherwiw. The Seller and her ever asc ors shall fake all safety precautions. fumuh and landfill all grounds necessary for the preventive of accidents, comply with all laws and regulations wife round to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and legulationsismed pursuant thereto. Revised 07=41