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HomeMy WebLinkAbout256106 E-Z POUR READY MIX - PURCHASE ORDER - 3215208Fort Collins Date: 01/12/2015 Vendor: 256106 E-Z POUR READY MIX PO BOX 1166 WELLINGTON CO 80549 PURCHASE ORDER PO Number Page 3215208 1012 Ronis number must appear all invoices, packing slips 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 2015 Blanket Order Concrete 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 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 Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Camisoa of Registry 84-0)(10587 is registered with me Collector of Inaemal Revenue, Dever. Colorado (Ref. Colorado Revised Summers 1971, Chapter 19-26, 114 (a). Goads Rejected. GOODS REJECTED due to failure m meet specifications, either when shipped or due to defects of damage in vansiL may be returned to you for credit and are net to be replaced except upon receipt of written insauctions from the City of Fort Collins. Inspection. GOODS are subject to the City effort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authonud payment oa the part of the City of Fan Collins However, it is to be uvdentomd that FINAL ACCEPTANCE is dependent upon complmon oral applicable required inspection procedures. Freight Terms. Shipments must be FOB., City of ran Collins, 700 Wood St, Fort Collins, CO 90522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for packing will Out be accepted. Shipment Distanw. Where manufacturers have distributing points in vanous parts of the country, shipment is expected from the nearer distribution point to slum ation, and excess freight will be deducted from Invoice warm shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, cenlficmes and licenses required by all applicable laws, regulmors, ordinances and roles of the state, municipality, territory or political subdivision where the work is performed, or required by any order duly constituted public authority having junedictow over the work of vwrder. Seller fuller agrees to hold the City of Fort Collins haedev from and against all liability and loss incurred by them by reason of an avwned or established violation of any such laws, regulations, ordinance, Mes and requirements. Author mllon, All games to this contract agree that the representatives are, in fact, bona fide and possess full and complete maturity to bind said pales. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions cared herein set fall and any supplementary or additional terms and condrtions annexed hereto or incorporated herein by refeomme, 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 promiscidelivery date as noted. Time is of the essence. Delivery and performance must be effected wihin the time stated on the purchase order and the documents muched hereto. No rots of the Purchasers including, without limitation, acceptance of paiul late delivenes, shall operate ea a waiver of this provision. In the event of any delay, the Funding shall have, in addition m other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due or causes not reasonably foreseable which are beyond its reasonable control and without its fault of negligence, such aura of God, acts of civil or military authorities, governmental priorities, fires, Ones, flood, epidemics, was or ns provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof In the event of my such delay, the data of delivery shall be extended for the penod equal Or the time actually lost by reason of the delay. J. WARRANTY. The Seller wanana seat Of goods, anicles, materials and work covered by this order will conform with applicable drawings, specifiwrions, samples and/or 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 nature. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which the Purchaser may suffer or incur on amount of the Sellers breach of eananty. The Seller shall replace, repair or make got without cast to the purchazm my defeus or faults arising within one (1) year or within such longer period of lime as may be prescribed by law or by the terms of my applicable ani provided by the Seller after the data of weeprmce of the goods famished hereander (acceptance not to be enreamnably delayed), resulting from tonsi as or defwtive work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not connote a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties or guarantees, but such liability shall in no event include loss of profin or loss of use. NO IMPLIED WARRANIV OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. a. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by worst change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the terms, other than legal terms, including additions to or deletions from we quantities onginally ordered in are specifications or drawings, by verbal or sommen change order. If my such change Offer¢ the amount due or the time ofperformace hereunder, an equitable adjustmetrt shall m made. 6 TERMINATIONS. The Purchaser may w my time by wn om change order. terminate this agreement yo to my or all potions of the good then unshipped. subject to my equitable adjustment between the ponies as to any work or materials then in progress provided char me Purchaser shall not be liable for my clams for anticipated profits on the uncompleted potion of the goods sandier work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to my goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of my of their obligations arm my goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be received within Ship, (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goad sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with Of applicable laws and regulations m which the goods arc subject The Salle, shall execute and deliver such documents as may be required m effect or evidence compliance. All laws and regulations required to be incorporated in agreements of Nis character are hereby incaryo anted herein by this reference. The Seller agrees to 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 pay shall assign, transfer, or convey Nis order, or my moulm due or m become den hereunder without the prior wdnen cmaeOr of the other parry. I O. TITLE. The Seller warrants full, clear and unrestricted tide to the Purchaser for ell equipment materials, and items famished in patronage, of this agreement, free and clear of my and all liens, restnctions, reservations, security interest encumbrances and clams of others. I I. NONWAIVER. Failure of the Purchaser to hoist upon strict performance of the was and conditions hereof. failure or delay to eany rights or remedies provided herein or by law, failure to promptly nody the Seller in the went of a breach, asexquanm of or payment for goods hereender or approval ofde design, shall not release the Seller of any of the yeanmties or obligations of this purchase order gad shall not be deemed a waiver of my night of are purchaser to imam upon anct performance M1ereofor any of its rights or remedies as to any such goods, regardless of when shipped received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms herwf 12. ASSIGNINT OF ANTITRUST CLAIMS. Seller and the Purchaser recognise that in actual ew is practice, overcharges resultinn g from aimus, violations are in fan home by the Purchaser. Theretoforenfor rgood cause and as consideration for executing this purchase order, the Seller hereby sups to the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser parsuanuo this purchase order. 13.PURCHiiSERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to wnect nonconforming or defcrive goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwdliepass m comply, the Purchaser may cause the work to be performed by the most expeditious means avant to it and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any her from all liability and clams of any nature resulting retain performance of such work. This release shall apply eve in the met of fads of negligence of the parry released and shall emend to the dhecwrs, officers and employees of such parry. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced in my way, because such work is performed or caused to to performed by the Purchaser. la. PATENTS. Whenever the Seller is mr,ar d ao ace ay design, device, material or process covered by least, patent andemah or copynght the Seller shall indemnify and save harmless the Pu eerier from my and all clams for infringement by reason of the use of such patemed design, device, material or process in connection with the contra, and shall indemnify the Purchaser for my cost, expense or damage which it may be obliged to pay by reason of such infringement at my time during the prosecution or after the completion of the work. In case said equipment or my pa thereof or the intended use of the goods, is in such suit hold to renstitme infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and Or its optim, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfnnging aquipmmt cr itwdiy it so it becomes mninfnnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrvpt make an assignment for the benefit of creditors, appoint a receiver or trustee for my of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the inter amuntion of the Mmerneot and the rights oral] parties heeunder shall In, constioed under and governed by the laws of the State of Colorado, USA. rthe following Additional Conditions apply only in owes where are Seller is to perform work hereunder, including are services of Sellers Representatives), on the premises ofomers. IY. SELLERS RESPONSIBILITY. The Seller shall wry on sad work ar Sellers own risk well the vane m Fully wmpleaed and acwpted and shall, in e of my accident destruction or injury to the work mdror intends before Sellers final completion and acceptance, complete the work at Sellers own expanse and to the snt sfxctum of the Purchaser. When materiels and equipment are famished by others for insulation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such nationals mdor equipment were being furnished by the Sit let under the order. IS INSURANCE, The Seller shall, at his own expense, provide for the payment of workers compensation, including revulsion" disease benefits, to its employees employed on or in connector 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 to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and deem limits of at least $3W,000 for my one person, 15W.(XQ for any one accident and property damage limit per accident of S40K.000. The Sailer shall likewise require his contractors, tinny. to provide for such compensation and insuemce. Before my of the Sellers at his contactors employees shall do my work upon the premises of others, the Seller shall furnish the Forcing with a reaifwrc that such compensation and insurance have been Provided. Such eertifiutes :hall specify the date whin such compensation and insurance have been provided. Such cemf cafes shall specify the date when such compensation and mnswmce expires. The Seller agrees that such compensation and insurance shall be mainunad until after me erne .,it is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby aasumm the mute responsibility and liability for my and all damage, loss of injury army kind or nature whatsoever to persons or property causN by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmlm the Purchaser and my or all of the Purchasers Queers, ai and employees form and against my and of clams, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property or which the Purchaser may be put or subject by reason of my act, action, neglect omission or default an the pa of he Seller, my of his coaanors, or my of the Sellers m commorms ofB<ers, agents or employees. In case my .it or other proceedings shall be brought against the Purchaser, or its otliccrs, again or employees at my time an account or by reason of my act action, neglect, omission or default of the Seller of my of his contracts or my of in or their officers, agents or employees is aforesaid the Sellar hereby agrees or assume the defense Isobar and to defend the same at the Sellers own expense, to pay my and all cause, charges, an imeys fees and other expenses, my and all judgments thed may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the papery of the Purchaser, or said parties in or w a result afraid suits or other promotiongr, the Seller volt at once muse the same to be dissolved] and discharged by giving bond or otherwise. The Seller and his exaacwrs shall fake all safety precautions, famish and insull all guard necessary for the prevention of emitters, comply with Of laws and regdatiorrs with regard to safety including, but without limitation, the Dartmoor] Safety and HmIN Act of 1970 and all roles and regulations issued pursuant thereto. Revised 09I2014