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HomeMy WebLinkAbout504618 CONCRETE EXPRESS INC - PURCHASE ORDER - 9124039 (5)Fort Collins Date: 12/01/2014 Vendor: 504618 CONCRETE EXPRESS INC 2027 W COLFAX AVE DENVER CO 80204 PURCHASE ORDER PO Number Page 9124039 1of3 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 89 CHANGE ORDER 30 1 LOT EA-897.44 N CHANGE ORDER 30 91 CHANGE ORDER 30 92 CHANGE ORDER 30 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.wrn 1 LOT EA 1 LOT EA 1 LOT EA -111,602.20 15001*Z -902,524.15 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 C117/ of ,�—J`-' ` Flirt Collins PURCHASE PURCHASE ORDER PO 912403er Page 9124039 2 of 3 This number must appear on all invoices, packing sli s and labels. Line Description Quantity UOM Ordered Unit Price Extended Price 93 CHANGE ORDER 30 1 LOT EA -80,898.98 sa CHANGE ORDER 30 1 LOT EA -142,071.35 ss CHANGE ORDER 30 1 LOT EA -243,761.53 ss CHANGE ORDER 30 1 LOT EA -49,144.31 Total-$1,531,202.67 P,4 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 hale Order Terms and Conditions Page 3 of 3 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of For Collins is exempt from state and local taxes. Our Exemption Number is I L NON WAIVER. 98-04502. Federal Excise Tax Exemption Cen ficate of Registry M-6000587 is registered with the Collector of Failure ofthe Purchaser to insist upon strict performance of the temps and conditions hereof, failure or delay to Intend Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of fie design, shall but.].. the Seller of Goods Rejected. GOODS REJECTED due to failure t0 men sped fictions, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in recruit, may be banned to you for edit and are not to be replaced except upon receipt of written purchaser to insist upon stnet performance hereof or any of its rights or remedies as to any such goods, regardless instructions form the City of Fort Collins, of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puryoned am] modification or rescission of fit purchase order by Me Purchaser operate as a waiver of any of the teas Inspection. GOODS we subject to the Ciry, of Fart Collins inspection on arival. hereof. Final Acceptance. Receipt of the merchandise, savicn or equipment in temperate to this under can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. au assind Payment on the pan of the City of Port Collins. However, it is to be understood that FINAL Seller and the Purchaser recognim that in actual exis practice, overcharge, resulting form antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection proadures. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this pumham order, fie Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522. unless acquired under federal of state mantrun laws for such osesharm belarm, an fie particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge scpamrcly, the original freight purchased or arVaral by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for Packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufectmcrs have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller in correct nonwMomting or defective goods by a&te to be agreed upon by the expected form the nmeet distribution point to destination, and excess freight will be deducted from Invoice whin Purchaser and the Seller, and the Seller thercafler indicates in inability or unwillingness w comply, the Purolator shipment arc made from greater distance. may cause fie work to be, perforated by the most expeditious means available to it, and the Seller shall Pay all costs msociatd with such work. Petals. Seller shall procure an milers sole cast all era., permits, certificates and licrntts required by all applicable laws, regulations, ordinances and rules of the sure, municipality, center, or political subdivision where The Seller shall release the Purchaser and its contractors of any her from all liability and claims of any nature the work is performed, or required by any other duly constiuted public authority having jurisdiction over the wark resulting form the performance afawrb work. of vendor. Seller harbor agrees to held the City of Pont Collins harmless form and against all liability and loss incurred by Neat by reason of an assured or established violation of any such laws, regulations, radiances, Mies This release shall apply even in fie event of fault of negligence of the party released and shall extend a the and requirements, directors, officers and employees ofspch party. Authorization. All parries to this comnct agree that the mpresenurives are, in fact, harm fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits orcopmme to the tams ad conditions stated herein set firms and any supplementary or additional terms and conditions armexed hereto or incor omted herein by reference. Any additional or different erms and conditions pmposd by seller am objected to and hereby rrjrotd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to active an your promised delivery date as noted. Time is of the eaunee. Delivery and paficanaee must be eRecud within the time sand on fie purchase order and the documents attached hereto. No acts of the Purchasers including, without Emission, reception, of Partial late deliveries, fall operate as a waiver ofthis provision. In the event of any delay, fie Nmh er shall have, in addition to other legal and equitable.mdies, the option of placing this order elsewhere .it hold,, the Seller liable far damages. However, the Sellef shall not be liable for damages . a .all of delays due to causes non reasonably foreseeable which am beyond its reasonable control and without in fault of negligence, such acts ofGd, acts of civil or military authorities, governmental priorities, fires, strikes, Bond, epidemics, was or How provided that notice of the ambitions taming such delay is given Ip the Purchaser within five (5) days of the time when the Seller Eta received knowledge, thereof In the event of my such delay, the date of delivery shall he extended fat the period equal to the time azually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goads, article, materials and work covered by this order will conform with applicable drawings, specifications, samples =Xor other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with ancepted standards for work of a i ruler eau.. The Seller agrees to hold the purchrour harmless from any lass, damage or expense which the Purchaser may suffer or incur on recount ofthe Sellers breach of watmnty. The Seller shall replace, repair or make good, without cost to the purchaser, coy defects or faults arising within one (1) year or within such longer period of time as may be presented by law or by the terms of ony applicable warranty provided by the Seller offer fie date of acceptance of the goods fumubed hereunder (acceptance not w be unressoably delayed), resulting bum imperfect or defective work done or mmensB famished by the Seller. Acceptance or use of goads by the Purchnser shall not constitute a waiver of any claim under this waranty. Except an otherwise provided in this purchase order, the Sellers liability hemmula shall extend to all damages proximately caused by the breach of any of the foregoing warranties of guarantees, but such liability shall in no event include Inn 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 to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes w the tams, ether than legal laws, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change aBecu the amount due or the time afperformence hereunder, an equitable djusment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goads then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided Mal Me Paul—, shall nor be liable for mry claims far anticipated profits tin the uncompleted portion often goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any gads which are the Sellers standard stock. No such termination shall mlieve the Purchattr or he Sella of any of their obligations as to any gb ds delivered hemanda. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within thirty (30) days from the date the change or termination is ordered. I. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and fmished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents in may be acquired to effect or evidence compliance. All laws and regulations required to be ncorpomtd in egramenta of this character arc hereby incorporated herein by this rcfrence. The Seller agrees to indemnify and hold the Purchaser harmless Bum all costs and damages suReml by the Purchaser as is result of the Sellers failure as comply with such law. 9. ASSIGNMENT. Neither party shall cosign, transfer, err convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller watmms fill, clear and umemaicled title to the Purchaser for all equipmml, materials, and it. ftlmished in performs ntt of this agreement, free and clear of any and all liens, restrictions, ..no., security interest encumbrances and claims of.thers. The Sellers mntrectual obligations, including warm y, shall era be deemed w be reduced, in my way, because such work is performed or ceased to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is eerluird base any design, device, material orp. covered by Inter, patem, made Bark r copyright. the Seller shall indemnify and save hamdess the Purchaser from any ad all claims for infringement by reason of the use of such Favored ed design, device, material or process in connection with the contract and shall indemnify the Purchaser for any cart. expense or damage which it may be obliged] to Pay by reawn ofsuch infringement at any time during the, prosecution or after the completion of the work. In case said equipment, or any pan thereof or fie imanded me of the goods, is in such sun held to cons6uw infringement mtd the use of said equipment or pan is organics, fie Seller shall, at its own expense and at its option, either puvre for the Pushaar the right to continue using said equipment or pares, replan, the same with substantially equal but aninGnging equipmrnt, or modify it art it becomes noninGnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of credlwn. appoint a receiver or trustee for any of the Sellers property or Women, this order may forthwith be, canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftemn used or the imeryretation ofthe agreement and the rights of all parties hereunder shall h continued under and govemal by the laws off, State of Colorado, USA. The following Additional Conditions apply only in Meet where the Seller is to perform work havander, including the services of Sellers Repreuntative(s), on the premises ofothers. IJ. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Sellars own risk until fie same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work andar materials before Sellers fast completion and acceptance, complete the work at Seller's own expense and w the satisfaction of the Purchaser. When comenals and equipment are fmished by others for installation or war on by the Seller, the Seller shall receive, unlmd, store and handle same at the site and become responsible therefor as though such materials andor equipment were being fmished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including orcupatioal disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is w No done. The Seller shall also carry, comprehensive general liablhty including, but at limited to, contractual and automobile public liability insurance with bodily injury, and death limits of at least $300,000 for any one person, $500,000 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, if very, w provide fr such compensation and ivswxrvm. Before any of the Sellers or his cordarem. employees shall do any work upon the premises of others, the Seller shall Finnish the Purchaser with a captivate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insumnee have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insumnce shall be maintained until Mier the ,mire work is completed and mcepld. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby msumes the entire responsibility and liability for any and all damage, loss or injury ofany kind r pure 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 hornless the Purchaser and any r all of the Purchasers officers, agents and employees from and against any and all claims, lose , damages, charges of expenses, whether direct or indirect, and whether to person or property to which fie Purchaser may be put or subject by reason of any act, action, neglect, omission or default oa the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In am any suit or other proceedings shall be brought student the Purchases, or its officers, agents or employees at any time on acroum or by reason of any act, action, neglect, omission or default of the Sella of any of bit contractors in any of its or their oRcers, agenu or employees as aforesaid, fie Seller hereby agum to assume fie &to. thereof and to def,M the same at the Sellers own asperse, an pay any and all costs, charges, aimsru s fees and other expenses, any and all judgments dal may be, incurred by or obtained against the Purchaser m any of its of their oRcers, agents or employees in mob suits or other proceedings, and in came judgment or other lim be plead upon or obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the sane w be dissolved and dischmgd by giving bond oroferwiss. The Seller and his contractors shall lake all safety precaution, humian and irumll all guards necessary for the prevenlon of accidents, comply wind all laws and regulations with regard w safety including, but without limication, the Campalonal Safety and Hwlth Act of 1970 and all tales and regulations issued pursaat thereto. Revised 07n(H4