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HomeMy WebLinkAbout504814 CONCRETE-VISION LLC - PURCHASE ORDER - 9147191PO PURCHASE ORDER 9147191 Page C1171 of PURCHASE 47191 1 of 2 Flirt Collins( his number must appear ',-_\V`, ` V " 1 1 on all invoices, packing sli s and labels. Date: 12/08/2014 Vendor: 504814 Ship To: OPERATIONS SERVICES CONCRETE -VISION LLC CITY OF FORT COLLINS 517 N LINK LN SUITE E 300 Laporte Avenue FORT COLLINS CO 80524 Building B FORT COLLINS CO 80521 Delivery Date: 12/05/2014 Buyer: DOUG CLAPP Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 City Hall Restroom Remodel 1 LOT LS 4,700.00 Concrete countertops per quote dated 11/25/14. Color selection is Concrete Grey. Contact: Nick Jovene or Jennifer Harvey ph# 970-221-6277 or970-221-6848 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.com Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order'I'erms and Conditions Page 2 of 2 L COMMERCIALDETAILS. Tax exemptions. By statute the City of For Collins is exempt from state and local taxes. Our Exemption Number is 98.434502. Federal Excise Tax Exemption Cenificam of Registry 84fi000587 is registered with the Collator of brand d Revenue, Deaver, Colorado (Ref Colorado Revised Smuts, 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure as meet sped icarions, either when shipped or due to defers of damage in want, may be reamed to you for credit and are not to be reploed except upon receipt of written instructions from me City of Fan Collins. Impatim. GOODS art subject to bje City of Fan Collins inspection err arrival. Funs[ Acceptance, Racipt of the merchandise, sersucea or equipment in response to this order can moth in authorized payment on the part of the City of Fan Collins. However, it is to be understood that FMAL ACCEPTANCE. is dependent upon completion of all applicable required inspection pence hi Freight Tema. Shipments most be F.O.B.. City of Fan Collins, 700 Wood SL, Fan Collins, CO 80522, amen otherwise specified on this oiler. If permission is given to prepay freight and charge welcomely. the original fight bill must accompany invoice. Additional charges For packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nmmt distribution paint to destination, and excess freight will be deducted from Invoice when shipmenls are made from greater domme. Pewits. Seller shall procure at sellers sole cast all res acsary permits, catu fcales not licenses acquired by all applicable laws, regulations, ordinances and toles of the state, municipality, territory or Political subdivision where the work is performed, or required by any other duly constituted public authority havingjmsdiction over the work of vendor. Seller further agrees to hold the City of Fan Collins howlers from and against all liability, and lass incurred by them by anion of an restated or established violation of my such laws, regulators, ordinances, toles and rtquimm nts. Authorization. All patio to this contract agree that me representatives arc, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terra end conditions stated herein set moor and my supplemearary or additional terms and conditions annexed hereto or incapacitated herein by reference. Any additiaml or differ nr taws and au itiam pm,mal by seller are ablated to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASfNG AGENT immediately if you cannot make an,lem shipment to arrive on your promised delivery duty as noted. Time is of tha esmri Delivery and performance most be eft scmd within the time stated on the purchase order and the daummts attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpmlal late deliveries, shill operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, me option of placing this order elsewhere and holding the Sella liable for damages. Hownva, the Seller shall not be liable for damages as a mull of delays due to causes not reasonably Inractable which me bnysnd its reasonable control and without its fault of negligence, such acts of Gad, acts ofcivil or military authorities, governmental prionties, fires, strikes, flood, epidemics, wars or hats provided met notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when me Sella first raeived knowledge therm[ In me event of any such delay, me date of delivery shall be extended for me pemaj equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller wawnts that all goods, articles, materials and wok covered by this order will conform with applicable drawings, specifications, samples and/or ather descriptions given, will be ❑t for me purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a similar nature. The Seller agrees w hold the purchaser harmless man any lass, damage or expense which me Poorhouse, may suffer m into on at.., ofine Sellers breach of voi The Seller shall replace, repair m make good, without cost to the pmchauq any defects or faults ansin, within one (1) year or within such longer period of time as may be pnenbed by law or by me moss of any applicable wamnty provided by the Sella once the dam of acceptance of the good furnished hereunder (acceptance not to be unreasonably dlayah, resulting from imperfect m defective work done or mamdak famished by the Seller. Acceptance or use of good by the Prrchmer shall not omtimm a waives of any claim under this warranty. Except as otherwise provided in this purthme order, the Sellers liability hereunder shall extend ho all damage pmxinamly causerl by me breach of my of the foregoing warmnti. or guarantees, but such liability shall in no event include leas of profits or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CI LANCES IN LEGAL TERMS. The Purchaser may make changes to legal term by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes m the moos, other man legal terra, including additions to or delaious Farm the quantities originally odered in me specifications or drawings, by smi al or wriuen change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be mad. 6. TERMINATIONS. The Purchaser may at any rime by wnd. change ender, terminate this agreement as to my or all portions of the goods then nor shipped, subject to any aluimble adjusment b unnsm the ponies as to my work or materials then in pmgres provided that the Purchaser shall not be liable for my claims for mtieipamd profits on the uncompleted portion of the good an Nor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which ere the Sellers standard stock. No such termination shall relieve die Purchaser o, be Seller of any of their obllgaions as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be warned whims thin, (30) days fmm the date me change in termination is ordered. 8. COMPLIANCE WITH LAW. The Sella wewnts that all goads sold hereunder shall have ban produced, sold delivered and fumishal in ruin compliance with all applicable laws and regulations to which me goods am subject. The Seller shall execute and dliva such documents. may he nuanced to effect m evidence compliance. All Iaws and regu atiom canonical to W incorporated in agmements of this character are hereby incorpotared hacin by this reference. The Seller agates to indemnify and hold the Purchases harmless fmm all costs and damages suffered by the Purcham as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pat, shall assign, monster, or anvcy this under, or any monies due or to hoarse due hemandef within, me prior wromn consent ofine other parry. IU. TITLE. The Seller warrants full, char and unwanted title to me Parch ser for all equipment, materials, and item famished in Performance of this agreement face and clear of my and all lies, mtrictiam, nervations, minority intent ensumbmraes and claims ofomers. 11. NONWAIVER. Failure of the Purchaser an insist upon strict performance of the tows end conditions herewt failure or delay to ammise any rights or remedies Provided herein w by law, failure w promptly notify the Seller in the event of a breach, the acce,mome of., payment for good hereunder or approval ofthe design, shall not release the Seller of any offl a warranties or obligations of this purchase order and shall not b, damcd a waiver of any right of the purchaser to insist upon strict performance hereof or any ofam rights or remedies as to any such good, regardless of when shipped received or accepted, as to any prior or subsequent default hereunder, am shall any Toward oral modification in rescission of this purchase oiler by the Purchaser operate as a waiver of any of the terra hater 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic pmetier, overcharges resulting from antitrust violations are in fact home by the Purchaser. Theretofore, for good cause and us corasidemmon for executing this purchase mdeq the Seller hereby assign to the Purchaser my and all claim it may now have or hereafter acquired under federal or ewe antlmsst laws for such overcharge relating or me particular goods or services Purchased] or acquired by the Purchaser pr mart to this Paschax 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 Sella, and me Sella dhender indicates its inutility m uowillo,al. to comply, the Purchaser, may cause the work w be Performed by the most expeditious memo available to it, coal me Sella shall pay all tors asamorted with, such wok. The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature resulting firm the performance ofsuch work. This releuse shall apply even in the event of fault of veghgeae of the Early arterial and shall extend to me directors, officers and employes ofsuch party. The Seller's vammaml obligations, including warranty, shall trot be deemed to be reduced, in any way, became such work is performed or caused m be performed by the Purchaser. 14. PATENTS. Whenever me Seller is naquirtd to use any design, device, material or praess covered by lever, poem. wdemork or ca yrigh. the Seller shall indemnify and save harmless the purchase from my and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any vase, expense or damage which it may be obliged or pay by return of such infringement at any time during the prosecution or offer the completion of the work. In case said equipment, or any pan thereof or the intended use of the good, is in such suit held w constitute infringement and me use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, enter procure for the Prochuer the right to continue using said equipment or parts, replac me same with substart ally equal but runinfringing equipment or modify it so it bccomn camnGnging. 15. INSOLVENCY. If the Seller shall become insolvent or andurt make an assignment for the benefit of creditors, appoint a or w,am for my of the Sellers property or business, this order may foMwith be canceled by me Purchaser without liability. 16. GOVERNING LAW. The definitions oftews used or the interpretation ofthe agreement and the rights of all panics hereunder shall be crowned under and gwarnal by the laws of the State afCaloaado, USA. The following Additional Conditions apply only in cases where the Sella is 0 perform work hereu sla, including the service of Seller Repreenmtive(s), on the premise ofobjers, 17. SELLERS RESPONSIBILITY, The Sella shall tarty an said work at Sellers own risk card the tame is fully completed and accepted, and shall, in au of any accident, destruction or injury to the work and/or materials before Scllees final completion and acceptance, complete the work at Sellers own expense and w me satisfaction of me Pumhaser, When msamals and equipment are famished by others far installation or erection by the Sella the Sella shall receive, unload scare and handle same a the site and become mpomrble therefor as though such macials andta equipment were being fumished "a Sella order the order 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation. including occupational disease benefit, an its employes employed on or in connection wins me wok covered by $is purchase rather, anNor to their depend.. in mcundsom with me laws of am sure in which the, wok is to be done. The Sella shall also any vampreheaive general liability including, but not limited to, communal and automobile public holialiry insurance with bodily injury and death limits of at least E300,000 for my one Person, 5500,000 for any one accident and property, damage limit per accident of 5400.000. The Sella shall likewise require his commit. , if any, m provide for such vampauation and insurance. Before any of the Sellers or his contractors employes shall do any work upon me premises of object, me Seller shall famish the Purchaser with a canificate Oat such compensation and insurance have been provided. Such ramifications shall specify the date when such top tionandinsurancehavebenpmvded. Such certifiersm shall specifythe date when such compensation and insurance expim. The Sella agrees that such comp aremis and insurance shall be no m used mail i fler the entire work is complied and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hemby au toes the entire rrspotssibild, and holiday for any and all dams,, lass or injury of any kind or rmaure whatsoever to persons or property, camel by or resulting from no execution ofine wok Provided for th this purchase order or in connection herewith. The Sella will indemnify and hold haart ess the Purchaser and my r all of the Purchasers officers, agents and employees fmm and against my and all claims, Iosses, damages, charge or expense, whether direct or indirect, and whether to persons or property to which me Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller any of his contractors, or my of bje Sellers or contractors officers, agents or employees. In case any suit or other pmca,m, shall be brought again[ Om purchase, or its oRcers, agents or employes st any time on account or by f,asoo of any act action, neglect omission err default of me Sella of any of his corommu rs or any of its or their officers, agents or employes m aforesaid, the Sella herby agrees to assume the defense thereof and to defend the mine at the Sellers own expense, to pay my and all ants, charges, attorneys fees and other expenses, my and all judgments mat may be incurred by or obtained against the Purchaser or any of its or their oflicen, agents or employees in such suits or other proceedings, and in vase judgment or other lien be placed upon or obtained against flue property of the Purchases. or said pant. in cur as is mull of such to a ome, proceedings, me Sell. will ed once cause me same to be dissolved and discharged by giving basal or otherwise. The Sella and his conwmms shall take all safety pretentious, furnish and install all guard naesvry for the prevention of accidence, comply wins all laws and regulations with regard to safety including, but without limitation, me Occupational Safety and Health Act of 1920 and all rates and regulations issued pursuant merew. Revised 09/2014