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HomeMy WebLinkAbout367963 LOVELAND READY MIX - PURCHASE ORDER - 3215026Fort Collins Date: 0110212015 Vendor: 367963 LOVELAND READY MIX PO BOX 299 LOVELAND CO 80539 PURCHASE ORDER PO Number Page 3215026 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 Delivery Date: 01/02/2015 Buyer: Note: Line Description Quantity UOM Unit Price Extended Ordered Price Concrete Supplies 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@fogov.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 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Cmificate of Registry M-600058T is registered with the Collector of Failure of the Purchga m insist u trio f f the terms end conditions here.(, failure or data m upon s Performance o y Normal Rename, Denver, Colorado (Ref. Colorado Revised Sumter 1973, Chapter 39-26,114 (a). exercise any rights or mnefes provided herein or by law, failure to promptly testify the Sella in the event of a bench, the in. of for payment for goods hereunder or approval of the deign, shall rat release the Sella of Good Reported. GOODS REJECTED due in fa'luFo in meet specifications, either when shipped or due Or definers of my of the warranties or Obligations of this pucbale order and shall rot be domed a waiver of any right of the damage in transit, maybe rmwed to you for aefl and as Far to be replaced except upon receipt of wrinen p nothuer to insist upon Strict performance hereofm my of irs rights or remedies. w any such goods, regardless instructions from ter City of Foes Collins. of when shipped, received or accepted, as to any prior or subsequent defmlr hercunda, nor shall my purported and modifief ion or Financial.. of this purchase order by the PuchaFor operate as a waiver ofany of the terms Inspection. GOODS am subject to the City of Fort Collins inspection on amval, hereof. Final Acceptance. Receipt of the merchandise, services or equipment in c.ponse to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized pzymenl an be part of the Ciry of Fort Collins. However, it is to be understood that FINAL Sella and the Pamzcer recognize that in actual .commie practice, o eaharges resulting fmm antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection proa dura. violation are in fact home by the Purchaser. Theran fom, for good mule and was consideration for executing this pumhase Order, the Sella brmby assigns to fc Porebssa my and all claims it may now have or herd fler Freight Terms. Shipments mnsr be F.O.D., City of Fort Collins, 700 Wood St., Fear Collins, CO 80522, unless acquired under Read car sure .,a., laws for such reaching. relating to Ire particular goods or services otherwise specified on this order. Ifpererission is given to papery freight and charge srpaarely, the original freight purchased or acquired by fie Purchaser pre. as this purchase when. bill most accompany invoice. Additional charges for packing will or be accepted. Shipment Distance. Where manufacturers have distributing paints in various puns of the country, shipment is expected fmm the nwmt distribution in, I. dommome, and excess freight will be deduced from Invoice when shipments Fr, made from greater distance. Permits. Sella shall procure at Follow sole cast all crec.sxry permits, certificates and licenses rsryire! by all applicable laws, regulations, ordinances and miss of the mule, municipality, name, or political subdivision whom the work is performed, or Factored by any other duly emotional public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless to.m it against all liability and loss incurred by them by reason of an asserted or established violation of my such laws, regulations, .Mimeo., Fees and requirements. Authorization. All panic in this convect agree that the rpcsentativa are, in fazk horse fide and µsuss full and complete authority to bind said parks. LIMITATION OF TERMS. This Pumhge Order expressly limits acceptance to be terms and conditions ward herein set forb and any s ipplemenmry or additional tenor and conditions Formed hereto or incorpomred herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately BY.. canmr make wmDlae shipment or arrive em yom Promised delivery dte OF noted. Time is of the gurce. Delivery and pafomrmee must be eRated within the time sound on the purchase oho and fie documents arched hereto. No acts of Oa, Purchasers I.di,. without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event ofany delay, the Pmchga shall have, in addition to other legal and attitude remedies, the option orplacing this order elsewhere .ad holding the Seller liable far damages. Ilowever, the Sella shall nose be liable far damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts offend, rats ofeivil or military authorities, governmental pliondes, fires, strikes, flood, epidemics, wan of now provided that notice of the conditions causing such delay is given to be Parefua within Eve (5) days of the time when the Sella first received kmsvleelp therm[ Ia the event of may such delay, the date of delivery shall be extended for the period equal to the time morally last by roman ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples ardor other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar mo re. The Sella agFomi to hold the puahssor harmless from any loss, damage or expense which the Prrchaer may suRer or loom on account ofthe Sellers breach of waranry. The Seller shall replace, repair or make good, without cost or Ore pmchaler, my defects or faults arising within one (1) year or within reach hanger Penal of time as may be presented by law or by be terms of my applicable summary provided by the Sella after the date of acceptance of the good fumishrd hereunder (mceptmce not to be measurably delayed), resulting from imperial or defective work done or materials finished by the Seller. Acceptance or use of goods by the Purmger shall not onatimte a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend hi all damages proximately caused by the breach of any of the foregoing warmers or guaranues, but such liability shall in no event include loss ofprofits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make charger to legal to. by written chomp Oder. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to Ili, Fiber xs, er than legal terms, including additions to or deletions from be gturion.originally cr oval in be speciffirm mrs or drawings, by verbal or written change .her. Irony such change offthe amount due or the time of performance horunder, an equitable adjourning shall be nude. 6. TERMINATIONS. no Pureha err may at any time by weir change order, terminate this agreement m to my or all ponions of the goods then not shipped, subject to my rqum ble adjustment berwan the parties as to my work or materials then in progress provided that the pardoner shall not be liable for any claims for anticipated profits on the unommplcted Portion ofthe good and/or work, for incidental err crose wool damages, and that no such adjustment be made in favor of fe Seller with respect to any good which we the Sellers sundah stack. No such termination shall relieve Fine Pufchaler or be Seller ofany oftheir obligatiog as to any goods delivered 1wrcuMa. T. CLAIMS FOR ADJUSTMENT. Any claim for rdjuxtmew must be exi wihin fury (30) days Two fie date tor change .r terminstiw is ordered 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have been produced, sold, delivered and f eeted in snip compliance wit all applicable laws and regulations an which be good are subject. The Sella shall execute and deliver such documents m may be rryuired to effect or evidence compliance. All laws and regulations Featured to be incorporated in agreements of this character are hereby marginated heave by this ref u. The Sella agrees in indrnmify and kid be Parmilawar harmless from all costs and dowager suQaed by the Provisioner res a result of the Sellers failure we comply with such law. 9. ASSIGNMENT. Neither parry shall .sign, tougher, or convey this order, or any monies due or m become due hereunder without the Prior written consent ofthe office party. 10. TITLE Tire Sella warrants fill, cloy and auhtriaed title to the Punchaur far dl equipment, maeriall bid harem finished in performance of this numerical, free tend clear of my and all linen, restrictions, Foservati.m, affinity interest encumbrances and claims falls. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the purchaser directs fie Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purebmer and the Seller, and done Sella thereafter indicates its lability in unwillingness to comply, rbe Purchaser From, cause the work to be perfermW by the crow expeditions means available W it, and be Seller shall pay all oats asswvted with such work. The Seller shall release the Purebnser and its contractors of any Ia from all liability end claims of my ramre .Ili, from the performance of such work. This release shall apply even in the event of fault of negligence of the pray rclessrd und shall extend to the directors, officers and employec5 ofstch part'. The Sellers commercial obligations, including warranty, shall not be damed m be Forward, in my way, because such weak is pert ed or eamcd m be perfomred by fie Purchaser. 14. PATENTS. Whenever the Sella is required to we any design, device, material or process award by linter, patent, trademark no copyright, the Seller shall indemnify and save harmless be Purchaser from any and all claims for infnngemenl by reason of the use of such patented design, device, material or process in connection with the contra , and shall indemnify the Purchaser for my cost, expanse err damage which it may be obliged to pay by reason ofmah infringement at my time during the prosecution or after the mmpletioo of the work. In case said entrapment. or my pan thereof or the intended use of tine goads, is in such suit held no mnstimte infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own actmem and at its pdo., either procure for the Purchaser the right m continue using said rquipmenl or pane replan the mane with substantially wind but noninGnging aaulpmerrr, or modify it son becomes noninfrit ing. 15. INSOLVENCY. If be Sella shall become insolvent or brakmpt, make an assignment No the bene0r of cndilors, appoint a receiver or trmrre for my of the Sellars prepare, Or business, this order ray forthwith be comment by the Purchaser aeithwt liability. 16. GOVERNING LAW. The definitions .flares coed or the interpretation offl a agreement and the rights fail parries hereunder shall be construed under and governed by the laws of be State of Colorado, USA. The following Additional Conditions apply onty in cases where the Sella is Io perform work interaction, including the fervicer ofScllers Raµesenotive(s), on the premises ofo0mrs. U. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in se of my accident, destruction or injury to the work bitter materials before Sellers firal completion and accepance, complete the work at Settees own expense and to the satisfaction of the Purchaser. When maenals and equipment we finished by others for installation or erection by the Sella, the Seller shall receive, blood, shire and handle same ar be site and become responsible therefor as though such mmerials and/or equipment were being frmished by the Sella under the order. 18. INSURANCE. The Sella shall, at his own expense. Provide far the pzymrnt of workers wmpawtiew .]arm, neematimed desmFo benefits, to its employer employed on at in connection with the work covered by this purchase order, indoor to their dependents in accordance with the laws of the state in which the work is to be done. The Sella shall also carry comprehensive general liability including, but not limited to, ornamental and automobile public liability insurance with bodily injury and demM1 limits of at lean 5300,00 for any one person, E5W,UUn for any one accident and property damage limit per accident of S400,000. The Sella shall likewise require his contractors, if any. w pmnde fen such wmpmwui.n and Itssnra , Before any of fie Sellers or his anatmmrw employees shall do my work upon the premises of others. IN, Sella shall finish the Purchaser with a certificate rhat such ommpomssum and insurance have bare. provided. Such ceniGcar. shall span fy the are whom such competwtion and insurance have bun provided. Such certificates shall apecify the date when such compensation and insurance expir.. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby muccom the entire responsibility and liability for my and all damage, loss or brjury of my kind or Fww, obaboof to pawns or proper, caused byerr resulling from the owarrion of the work pre ided fen in this purchase order err is ex manion haewirh. The Sella will i man ify and hold harmless be Purchaa and my or all of be Puchasers .Moors, a,am and employees fmm and against my and dl clams, losses, damages, charges or expenses, whether direct or indirect, and whether hi persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his wnrmerors, or any of the Sellers orcontainers; officers, agents or employres. In owe any suit or other proceedings shall be brought against bar Puchaser, or its officers, agents or employees at any time on account or by crown of any act, When. neglect, omission or default of the Sella of any of his contractors m my of its or fee of users, agents or employees . aforesaid, the Sella hereby agree to assume the defines, thereof and to defend the warn. a fie Sellers axes expense, hi pay my and OR nuts, charges, womeys fen and other expenses, my and all judgments that may be incurred by or obtained against be Purclu er at my of its or their officers, agents or employees in such suits or other proceedings, and in use judgment or Other lim be placed upon or obtained against be property ofthe Purchaser, or said parties in or. a result of such suits mother proceedings, be Seller will at once cause the same to be dissolved and diwharged by giving bold or oferwise. The Seller and his contractors shall mine all safety precautions, fmish and igull all goad crec.sary for the prevention of accidents, comply with wl laws rod regulations with egad to to, including, but without limimtioo, the Occupational Safety and Hcdith Act of 1970and all miles said regummu issued pursuant then.. Revised 07Q014