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HomeMy WebLinkAbout120116 BESTWAY CONCRETE CO - PURCHASE ORDER - 3215177Fort Collins Date: 01/12/2015 Vendor: 120116 BESTWAY CONCRETE CO PO BOX 309 MILLIKEN CO 80543-0309 PURCHASE ORDER PO Number Page 3215177 10f2 This number must appear on all invoices, packing sli s and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/12/2015 Buyer: PAT JOHNSON Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 2015 Blanket Order Utilities 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 10,000.00 Total $10,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 I. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Om Exemption Number is 11. NONWAI VER 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon inner performance of the terms and conditions herself, failure or delay so Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1993, 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 ucepmnm of or Payment for goods hereunder or approval of the design, shill not release the Seller of Cords Rejected. GOODS REJECTED due to fulue a meet specifications, either when shipped or due to defects of any of the wmrannice or obligations of this purchase order and shill not be deemed a waiver of any right of the damage in transit, may be retamnd to you for credit and me not a be refined except upon receipt of ore en puchaser to insist upon main performance hereofor any afire rights or remedies as to any such gaols, regardless instructions from the City of Fon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puryoneci are modification or rescission of this purchase order by line Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the Ciny of Fon Collins inspection on arrival. Lowey, Final Acceptance. Receipt of the merchandise, vervarm or egepment in response no this order can rmuch in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authonxed payment on she part of the City of Fort Collins However, it is to be understood thatFINAL Seller and the Purchaser recogaire that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact Some by the Purchaser .Theretofore. for tgood cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments man be F.O.B., City of Fort Collins. 200 Wood St, Fort Collins, CO 90522. unless acquired coder federal or state sndtnm laws for such overcharges relating to the particular goods or services otherwise specified on this order. if pemriswon is one to prepay freight and charge sepuawly, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for nations will hot be accepted. Shipment Distance. Where manufacturers have mmilming pace in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will he deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole con all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and sales of the stare, municipality, territory or political subdivision where the work is performed, or required by any other duly conssitmed public authodry having jurisdiction over the cork of vendor. Seller further agates to hold the City of Fort Collins harmless from and against all liability and loss incurred by Ncm by reason of an asserted or established violation of any such laws, regulations, ordinances, colas nd requirements. Authmixe lion. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete wfonry to bind said parries. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set Seen and any supplementary or additional terms and conditions annexed hereto or incorporated 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 if you cannot make complete shipment to arrive on your pmmised delivery date as noted. Time is of the essence. Delivery, and performance most be effected within the time steed ne the purchase order and the documents reached hereto. No acts of the Purchasers including, wifvut limitation, acceptanceof paadal late deliveries, shall operate asa waiver of this provision. In the event of any delay. the Purchaser shall have, in addition 0 other legal and equitable remedies, the option of placing his order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for 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 acss of Gad, acts of civil or military suthodtem. governmemal pro nice, firm, strikes, Flood epidemics, wars or hots provided fat notice of the emditiou causing such delay is given to the Purchaser wfin five (5) days of he Line who the Seiler fist received knowledge hereof In the event of cry such delay, the date of delivery shall be extended for the period equal to the time actually lost by remain of he delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will confirm with applicable drawings, specifications, samples and/or other desorption given, will be fit for the purposes intended and performed with the highest degree of cue and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless fmm any loss, damage or expense which the Purchrew may suffer or inem on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, wifoe cost to the purchaser, any def«ts or faults arising within one (I) year or within such longer period of time as may be pruent ed by law or by the terms of my applicable wananry provided by the Seller after the dale of acceptance of the goods fmishes] hereunder (acceptance not m be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver of any claim under this summary. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend as all damage proximately caused by the breach of my of the foregoing wermdex or guarantees, bur such liability shall in no event include loss 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 scams by wrinen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other fan legal terms, including additions to or deletions from the quantities originally ordered in the specifications or coronets, by verbal or written change order. If arty such change affects the amount due or the time of performance hereunder, an equitable adjustment 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 gaud then not shipped subject to my equitable adjustment between the pules as to my work or materials for in progress provided that the Purchaser shill not be liable for any claims for mutilated profits on the uncompleted poroon of the goods andsor work, for incidental or couequential darnaga, and that no such adjustment be made in favor of the Seller with respect to my good which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of my of their obligations as to my goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment man he asserted within thisty (30) days from the time the change or termination is ordered 8. COMPLIANCE WITH LAW. The Seiler warrmU that all goods mid hereunder shill have ban produced, said, delivered and famished in inner compliance with all applicable laws and regulations a which the god are subject . The Seller shall exam, and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required in be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees Ip indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the prior written consent of the ofer party. 10. TITLE. The Seller winners full, clear and unrestrided title or the Purchaser for all equipment, materials, and items famished in pw omimca of this agreement, free and clear of my and all liens, restrictions, ruervations, security interest encumbrances and claims ofothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the purchaser direcac the Seller m correct nonconforming or lefictive goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereaRer indicate its inability or cowllingness by comply, the Purchaser may cause the work in be performed by the coon expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Primmer and its ce ntracu rs of any her from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, off cars and employees of such parry. The Seller's conoactue obligations, including weranry, shall not be decanted to be reduced, in any way, become such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Wheneor the Seller is required to use any deep, device, material or process covered by leneq patent tr sines r copyright, the Seller shall indemnify and save random the Purdtesa favor any and all claims for infringement by reason of the use of such patented design, device, mammal or process in convenient with the contract and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason crouch infringement at any time during the prosecution or after the completion of the cork. In case said equipment, or any pan hereof or the intended use of the goods, is in such suit held to constitute infngement and the um of said eqnparem or pan is mjoinak the Seller shall, as its own expose and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes neninfnnging. 15. INSOLVENCY. If the Seller dull become insolvent ce bankrupt, make m assignment for the Small, of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may faenwh be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpre arms cethe agreement and the rights of all partias hereunder shill be ruminated under and governed by the laws of the State of Colomda, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representu ivHs), on the premises afofwrs ❑. SELLERS RESPONSIBILITY. The Seller shall carry oa said work m Sellers own risk are the z.a is fully completed and accepted, and shall in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete he work at Sellers awn expense and to the satisfaction of the Purchaser. When recently and egwparant are famished by others for installation or erection by the Seller, the Seller shall receive, unloadt store and handle same a the site and biome responsible therefor as though such wormals and/or equipment were being fumished by the Seller under the order. 18 INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in commentat®r with the work covered by this purchase order, similar to their dependents in accordance win the laws of he spite in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited m, commerce and automobile public liability insurance wide bodily injury and deaf limits of at least OW,000 for any one person, $500,000 for any one accident and property damage limit Per accident of VW.000 The Seller shall likewise reqerc his contractors,if any, to provide for such comparection and insurance. Before any of he Sellers or his contractors employees shall do my work upon the premises of olhers, the Seller shall fumish the Purchaser with a twiificare that such c mpensation and insurance have been provided. Such c nifcates shall specify the date when such compensation and insurance have been provided Such certificates shall specify the date when such compensate and insurance expires. The Seller alpas the such compensation and insurance shall be maintained one aver the entire work is completed and accepted. IA PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume the entire responsibility and liability for my and all damage, lose or injury of any kind or nature whatsoever to Persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller ell indemnify and hold harmles the Purchaser and my or all of the Pumhmen oRcers, agents and employees fmm and against my and all claims, losses, damages, charges or expenses. whether direct or indirect and whether to persons or Felicity in which the Purchaser may be put or subject by reason of any tit anion, neglect omission or default on the pan of the Seller, my of his contractors, or my of the Sellers or conuacers officers, agents or employees. In case my set or other proceedings shill be brought against the Purchaser, or its offcam, agents, or employees u any time m account or by remm of my act action, neglect, omission or default of the Seller of my of his contractors or my of its or their officers, agents or employees as afresaid, the Seller hereby agrees to assume the defense thereof and in defend the same at the Sellers own expense, to pay my and ill costs, charges, aeemeys fees and other expenses, my and all judgments that may be incurred by or obtained agent the Purchaser or my of its or their offices, agents or employees in such most or other proceedings, and in cue judgment or other lire be plied upon or obtained against the proper, of the Purchaaq or said parries in or as a result of such sets or other proceedings, the Seller will in once cause the same to be dissolved and discharged by giving band or otherwise. The Seller and his contractors shall take all safety precautions, famish and instill all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without linex ie, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursumt thereto. Revised 09I2014