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HomeMy WebLinkAbout120116 BESTWAY CONCRETE CO - PURCHASE ORDER - 3215010of Fort Collins Date: 01/02/2015 Vendor: 120116 BESTWAY CONCRETE CO PO BOX 309 MILLIKEN CO 80543-0309 Date: 01 /02/2015 PURCHASE ORDER PO Number Page 3215010 1of2 This number must appear on all Invoices, packing sli s and labels. Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS CO 80524 Note: Line Description Quantity UOM Unit Price Extended Ordered Price Concrete for Projects Annual 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 LS 5,000.00 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 1���17[�i DC7iFiTC[K7TlA6LFi Page 2 of 2 1. COMMERC1AI.13ETAILS. Tax exeraptiors. By suture the City of Fon Collins n exempt from torte and Real taxes. Our Exemption Number is I I. NONWAIVER. 98-04502. FMeml Excise Tax Exemption Canificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon met perfmmmce ofthe terms and conditions hereof, failure or delay, in Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smote, 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to pmmpdy notify the Seller in the event of breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to &fee, of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any night of the damage in nnusit, may be moored In you for credit and arc not b be replaced except upon receipt of written purehaxr to insist upon strict performance hereof., my of as rights or sanWies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as a any prior or subsequent defeWt hereunder, not shall any purported oral modification or tacissio , of ads purchase order by the Purchaser operate as a waiver of my of the terms Inspection. GOODS are subject a the City of Fort Collins Inspection on articaL hoof. Final Acceptance. Receipt of the memhandix, services or equipment n apace, b this order can cult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Pmchsser mopize cant in actual mossexpric practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completionof all applicable required impaction poreedurm. violations are in fact home by the Purchaser. Themalum, for good cause and as consideration for executing ads purchase order, the Seller hereby mans to the Purhaer any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 70o Wood St, Fro Collins, CO 80522, unless acquired under federal 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 separately, the original freight Purchased or acquired by the Purchaser, pursmnt to ads purchase order. bill most accompany invoice. Additional charges for waking will not he accented. Shipment Distance. Whew manufacturers have diambuting points in various pans of the country, shipmens is expected From the names distribution point to de, inatioa and excess frdght will be deducted from Invoice when mpmenu are made for Sooner do.. Permits. Seller shall procure at sellm sale cost all necessary p.niu, cenifwe and licenses required by all applicable laws, regulations, ordinances and piles of the spite, municipality, territory or political subdivision where the work is p.formed, or required by my other duly constituted public authority having jurisdiction over the work of variant. Seller further agues to hold the City of Fan Collins harmless form and against all liability and loss incurred by them by reason of an asserted or established violation of my such laws, regulations, ordinances, roles and requirement. AutMvation. All parties to this contract agree that the repmxnalives are, in Each, bona fide and possess full and complete authority b bind said panics. LIMITATION OF TERMS. This Purchase ONer expressly limit acceptance W the hors and mndinew sor,ed herein set form and my supplementmy or additional arms and conditions aonexM hero or incorporated haven by referena. Any additional or different terms and condition proposed by seller are objecmd to and hereby jeured. 2. DELIVERY. PLEASE ADVISE PURCI IASING AGENT immediately if you cannot make complete shipment W arrive on your promised delivery date. noted. Time is of the esmm. Delivery and performs er must be rfd within the lime stated on the purchase order and the domments atcuhed herein. No new of the Purchasers including, without limitation, amemarre of panid lam deliveries, shall opmte as a waiver of Ws provision. In the event of.y delay, the Purchaser shall have, in addition to other legal and equitable reanediet, the option of placing this order elsewhere and holding the Sella liable for damages. Hoxcver, thr, Seller shall not he liable for damages as a cult of delays due to causes not reasonably foreseeable which are beyond its reomcable wvtml and without its fault of negligence, such acts ofGad, acts ofail or military authorities, governmental priories,! , srflrs, Rood, epidemics, wars or rim provided that notice of the conditiom causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge theresf. In the event of any such delay, the dam of delivery shall he extended for the period equal [o the lime actually last by mamn ofhe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work coveml by this Order will conform with applicable drawings, spaifi,mana. sample and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of art and competence in urerdance with ancebal standards f work of a similar retire. The Seller agrees to hold the purchaser hornless from my loss, damage is, expense which the Puxhaxr may staffer or incur on warm ot'dw Sellers breech of wmermty. The Seller shall radium, repair Or make good, without cast to the purchaser, my defects or faults arising within one (1) year Or within such longer period of time as may be pnrxribed by law m by the aorta Of my applicable wmrranry provided by the Seller after the dam of acceptance of the goods fumiahed hounder (accomme not in be amersonably delayed), resulting from impmfe a or defective work done or materials bunched by the Sella. Acceptance or use of goods by the Purchases shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase aide, the Sellers liability hereunder shall extend to all damages porsimately caused by the breach of any of the foregoing warranties or guarantees, bur such liability shall in no event include loss ofprofis or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal arms by "am change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchase may make any changes to the coma, other than legal tames, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or woman change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchase, may .any time by wrinen change odor, tetmiwa this agrecmam u to any or all portions of the goods then tot shipped, subject m my equitable Wjymaerw between the panics as in any work or materials then in progress pvided that the Purchaser shall cot be liable for any claims for mticiWted profits on me unmmplelW ,man .fair muds sadNm wok, for incidental or consequential damages, and that ne, such adjustnem be made in favor of the Seller with epal b any grads which art the Sellers standard stock. No such tefmna[im shall ali a. the Purchases in the Sella ofmy ofrheh obligation on, to my goods deliveral homder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within thirty, (30) dys tram the date the change or Saturation is ordered. 8. COMPLIANCE WITH LAW. The Seller amounts, that all good sold hereund. shall have been produced, sold delivered and f shed in strict compliance with all applicable laws and regulations to which the good sure subjecL The Sella shall execute and deliver such docum.ts as may he lead to effect or evidence corniancoe. All laws and regplmons t alumal to be, Incorporated as agxemenb of this character ea hereby imorpmmed heart by this triturator. The Seller agrees to indenudfy and hold the Purchaser hmmless Imo all cows and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. . Neither party shall assign, vamfm or convey this order, or any mopies due or to become due heauMa without the prior wrinen consent ofhb other parry. 10. TITLE. The Seller wasi fall, clear and mmpicad lisle to the Purchaser for all equipmmt, trauerisls, end it —fished in Parfarmaree of 0us agreement for and caw of my cob all liars, eaictions, reservations, accuracy Waret encumbramm and claims ofoamm 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser direct the Seller to recover nomanforming or defective good by a doe to he agreed upon by One PureM1aser and the Seller, and the Seller therwftef indicates its inability err —willingness to comply, the Purchaser nmy muse the work b be pMomM by the moss expeditious mom available b n, and the Seller shall pay all costs associated with such work. Thc Seller shall releaze the Purchaser and its contactors of my tier form all liability and claims of my canoe resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry relented and shall extend to the directors, of icon and employees of such party. The Sellers command obligations, including warranty, shall Out a deemed a be reduced, in my way, because such work is performed or vowed b he Fractional by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any deign,device,material dev, aterial or increases rovered by lever, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchoser for any and all claims for infringement by reason of the use of such pound d design, device, material or process in connection with the comma[, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement in my time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended we of the goods, is in such suit held to comriaa infringement coral the we of said equipment or Paul is enjoined the Seller shall, at its own expense and at its oplion, either procure for %e Purchaser the right to commue to, said informants or ports, replace the same with substantially agora but reninfringfng equipment, or modify it so it becomes noninfringing. IS. INSOLVENCY. If the Seller shall become imol,am m badaupt, snake an assigmnent for the benefit of creditors, appoint a reacivac or poster for my of the Sellers promay or business, this under may forthwith he repealed by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe ancemem marl to ughu.fall parties hereunder shall be announced under and Swapped by the laws ofthe State ofColomdo, USA. The following Additiaml Conditions apply only in asses when the Seger it to perform work hounder, including the services ofSellm Representmive(s), an the premises ofether, 19. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until am same u fully compl.ed and m«ptd, and shall, in x of any accident, destruction or injury to the work and/or materials before Sellds final completion and acceptance, complete the work at Sellers own expense and On the satisfaction of the Forebear,. When mamrials and equipment arc famished by others for installation or erection by the Sell., the Seller shall receive, wload, store and handle same at the site and became responsible therefor ns though such materials anduor equipment were being fished by the Sella anchor the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including commitment disease benefits, to its employees employed an or in cosmcction with the work wv<ad by this Pumhax order, andlor b their dependenu in arrom ance with the lasts of are sure h which the wok is w be done. The Seller shall also tarty comprehensive general liability including, but not limited to, contractml and automobile public liability irsumnce with bodily injury and death limits of at least 5300,001 for my one person, $500.000 for my one accident and property damage limit per accident of S40 ,000. The Sell. shall likewise require his eamrmmrs, if any, to provide for such commotion and insurance. Before my of the Sellers or his contractors employees shall do my wmk upon the premises of others, the Seller shall fish the Purchaser with a certificate Red such compensation and assurance have ban provided. Such c.if.tes shall specify da done when such comperumion and inscri have been provided. Such cenifcanm shall specify the dale when such compensation and insurance expires. The Seller agrees Nat such compenation and become shall be numm ed until after the .lire wok is rempl.ed and occupied. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for my and all damage, loss or injury of my kind or piano whatsoever b 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 harmless the Purchase, and my or all of the Purchaars oRcers, agents and employees from and against any and all claims, losses, damages, tha,as or expenses, whether direct or indirect, and whether in persons or property to which the Purchaser may he at or subject by ream. of any act, action, v,[at, omission o, default . the pan of the Seller, my of his contractors, or my of she Sellers or conactors affirm, agents or employees. In cox my suit cr other proceedings shall he brought upshot the Pumhmer, or its officers, agenu of employees to my time on ocreanl or by ammo of my cot action, inflect, omission Or defauh of the Sella of my of his convectors or my of its or their officers, agents m employees as, of said, the Sella herby agrees to acaume the defame moment and b defend me same an the Salim own sciatic, In pY any and all emus, charges, commeys fees and other expe a rs, my and all judgments that may he incurred by or obtained Wheat the Pmchsser or my of its or their officers, agents or employees in such suit or other proceedings, and in cox judgment or other lien be placed upon or obtained against the properly of the Purcbas., or said parties in or m a result of such was or other proceedings, the Seller will as once came the same no he dissolved and dixharged by giving bond or otherwise. The Seller and his contractors shall take all safety pmaufm, famish and iwtall all gumd necessary for the prevenrion of accidents, comply with all laws and regulations with regard b safay including, be, without limitation, the Occuptio of Safety and Health Act of 1970 and all rates and regularities issued pursuant Nob. Revised Rin(I14