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HomeMy WebLinkAbout498349 BANNER CONCRETE - PURCHASE ORDER - 9141875City of /01`vF6rt Collins Date: 04/03/2014 Vendor: 498349 BANNER CONCRETE 1408 STEEPLECHASE DR FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9141875 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS CO 80521 Delivery Date: 04/03/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Repairs to Poudre Trail 1 LOT LS 6,385.57 per Poudre School District Bid. 2 Repairs to Poudre Trail 1 LOT LS 3,188.08 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 Total 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Too Collier is exempt from state and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Fedenl Excise Tax Exemption Ca tificare of Registry 84-60e0587 is registered with the Collector of Failure argue Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, 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 broach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REIEC TD due to failure to meet speri ficatiom, eithe, when shipped or due m defects of any of $e warranties or obligations of this purchase order and shall not he deemed a waiver of any right of the damage in uansit, may be renamed to you for credit and we not to be replaced except upon receipt of wooer purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless inshgcti.ns from the City of Fan Collim. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported real moci lication or rescission of this purchase order by the Parchamf operate as a waiver of any of the temu Eastman- GOODS are subject a the City of Fort Collins inspection on arrival, hereof. Final Acceptance. Receipt of the machandix, seviar .r equipment in impome to this oNer ran court, in 12. ASSIGNMENT OF ANTITRUST CLAIMS. amhrdzed payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Penchuer notorious, War in artual economic practice, oveu:hargas consulting from afirmst ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good muse and as consideration for executing this purchase order, the Seller hereby assign to the Pu.chue any and all down, it may now have .r hereafter, Freight Terms. Shipments ram, M F.O.B., City of Fon Collins, loft Wood Se, Fort Collins, CO 80522, unless acquired under federal or lute anonand kill for such x'mhargas relating to the particular good or amites otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant a this purchase under. bill mast accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Wheat monafacmrers how duulbuting Foods in various parts of the country, shipment is expected from the nwnest distribution prior to dediation, wed excess freight will be deducted from Invoice when shipments art made from •yenta distance. Permits. Sella shall procure at sellers sole cost all necessary permits, cadifiestes and licenses original by all applicable laws, regulations, ordinance and roles of be sure, municipality, territory or political subdivision wheat the work is performed, or required by any offer duly constituted public authority having jurisdiction over the work of vendor. Sella fuller agrees to hold the City of Fort Collins harmless tram and against all liability and loss incurred by them by mown of an recorded or established violation .f any such laws, regulation, ordinurim, mhes and requirements. Authorization All parties to this contract agree (hat the representatives are, in fact, bona fide and possess full and omplete authority m bind said at.. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and continuous stand herein set forth and any so,imaemary or additional masts and conditions annexed hereto or incorprmted herein by reference. Any additional or d1lTerenn menu and conditions proposed by seller we objected to and hereby mijated. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment m arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance mast be efened within be time sated on the purchase oMe, and the documents attached liters. No acts of the Purchasers including, without limitation, acceptance of radial late delivene, shall Wismar as a waiver of this provision. In the event of any delay, the Purchaser shall base, is addition to .,he, legal and equitable remdies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not 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 negligm such acts of Cod, acts of civil or military authorities, governmental priorities, fires, strikes. food, epidemic, wars or tints provided that nature of the conditions causing such delay is given 1. the Purchaser within Ge (5) days of the time when the Seller fast received knowledge there.[ In the event of any, such del:,, the cite of delivery shall be extended for the period equal to the time annually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or nine, descriptions given, will be fit for the premses intended, and performed with the highest degree of cure and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser Equal.. from any loss, dorm, or expense which the Purchaser may su0'er or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer period of rime as may be presented by law or by the terms of any applicable warranty provided by the Seller after the data of cceptance of the good furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials fumishd by the Sella. Acceptance of me of good by the Purchaser shall act constitute a waiver of any 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 any of the foregoing warranties or guarantees, but such liability shall in as evens include lass of profits or loss of res. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pmchroer may make changes to legal homes by winner change order. 5. CHANGES IN COMMERCIAL TERMS. The Practicer man may make any changes to the temp, other them legal moms, including additions to or deletions from Ne quantities originally ordered in the specifications or drawings, by verbal or wrigen change under. If any such change affects the removal due or the rime cifperfnfi ace hertuede, an smitable adjustment shallM made. 6. TERMINATIONS. The Purchaza may w any time by women change order, terminate this agreement as to any or all povirns of the goods then rat shipped, subject to any equitable adjustment Ixetween the ponies as to any work or materials then in progress provided that the Purchaser shall act be liable for any claims for anticipated profits on the uncompleted portion of the good and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which art the Sellers studied stock. N. such termination shall relieve the Purchaser or the Seller ofany of their obligations ex to my goad delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mud be asserted within thirty (30) days from the dare the change or o nniatian is ordered. S. COMPLIANCE WITH LAW. The Seller warrants Our all good sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable Lows and regulations to which the goods are subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be unanswered in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and held the Purchaser hmmlass from all costs and damages suffered by the Purclaxser as a all of the Sellers failure In comply with such law. 9. ASSIGNMENT. Neither party shall assign, founder, or convey this order, or any monies due or to become due hereunder without the prior wrinen consent ofthe other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, mammals, and item furnished in performance of this agreement Bee and clear of my and all liens, renditions, reservanions, secunry interest are abmnces and claims odathers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Pumhma directs the Seller to coned nonconforming or defecrive goods by is date m be agreed upon by the Narrower and the Sella, and der Seller themes err indicates its lability or unwillingdss to comply, the Purchaser may caum the work to be performed by the most expeditious means available I. it, and the Seller shall Pay all casts associated with such work. The Seller shall release the Purchases and its commcbrs of any seer from all liability and claims or any namse resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the pan, telexed and shall extend to the directors, Micers and employees ofsuch party. The Sellers contractual obligations, including wormaty, shall not be deemed to Ise educed, in any way, became such work is performed or mold toed accurnad by the Pandora. 14. PATENTS. Whenever the Seller is required to use any design, device, maternal or prwess covered by letter, patent, trademark or copyright, the Seller shall indemnify and save hatmless the Purchaser from any and all claims for infringement by reason of the rise of such Formed design, device, material or process in connection with the mummer, and shall indemnify the Purchaser for any cost expense or damage which it may be obliged to pay by reason of such infringement at any time during the pmseation or after the completion of the work. In case said equipment, or any an Ihamf or the intended use of the goad, is in such suit held to constitute impingement and the vas of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the eight in continue ding said equipment or pans, replace the same with substantially equal but noninGnging equipment, or modify it so it becomes noninGnging. 15. INSOLVENCY. If the Seller shall became insolvent or bandmpt, make an assignment for the benefit of creditors, appoint a or trustee fur, any of the Sellers property or business, this order may forthwith be canceled by the Purchuser withom liability. 16. GOVERNING LAW. The definitions of temu used or the interpretation ofthe agreement and the fights of all pmie hereunder shall be eonstmed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represenladve(s), on the premises of others. O. SELLERS RESPONSIBILITY. The Seller shall tarry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in se of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, foe Seller shall receive, unload, store and handle same at the site and become impossible therefor as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own experue, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this pumhase oNer. md/n to their dependents in accordance with the laws of the since in which the .,it is m he done. The Sella shall also carry compachomic, general liability including, but not limited W. contractual and automobile public liability insurance with bodily army and dea h limits of at least 5300.000 for any one From. 554Opgn for any one accident and property damage limo, per accident of 5400,000. The Sella shall likewise require his if any, to provide for such compesation and mi urdnce. Before any of der Sellers or his contractims employees shall do any work upon the premises of whers, the Seller shall Finnish the Purchase with a rati fcme Bad such motorman. ad insurance have been provided. Such scrulfwe shall specify the date when such compesation and imarence have been provided Such conifimtes shall specify the date when such compensation and insurance expires. The Seller agrees Wad such co n,cra com and ...a shall be maintained .,it after the more wmk is complied ad accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assunces the entire respmaibiliry ad liability far any and all damage, lass or injury of any kind r nature wbarsoeer to pictures or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Sella will indemnify all hold harmed. the Parcbsser all any or all of the Purchasers officess, agents and employees from and against any and all claims, losses, damages, charges or expenses, wbether direct or indirect and whether to persons or property to which the Purchaser may be at or subject by reason of any .4 action, ri lm,, omission or default on the pan of the Seller, my of has commemn, in any of the Sellers or ontractors offices, agents or employees. In case any suit or other proceedings shall be brought against the Prechmer, or its offices, agents or employees at my time on account or by reams of my =4 whim , neglect omission or default of the Sella of any of his contractors or any of its or their officers, agents or employees as aforesaid the Seller hereby agrees an ..me the defense therred and to defend the some at the Sellers owns expense, to Pay any and ell cents, charges, attorneys fees and higher expenses, any and all judgments that 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 race judgment or other for b, placed upon or obtained against the property of the Purchase, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discbargd by giving bond or otherwise. The Seller and his contractors shall Like all safety precautions, famish and install all gird necessary for We prevention of accidents, comply with all laws and regulations with expand] m safety including, but without limitation, the Occupational Safety and Health An of 1970 and all roles and regulations issued pursuit thereto. Revised 03n0H)