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HomeMy WebLinkAbout498349 BANNER CONCRETE - PURCHASE ORDER - 9142051Fort Collins Date: 04/10/2014 Vendor: 498349 BANNER CONCRETE 1408 STEEPLECHASE DR FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9142051 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: 04/10/2014 Buver: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Spring Creek Trail Repair 1 LOT LS 8,891.05 per terms and conditions of Poudre School bid 2 Spring Creek Trail Repair 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 8,891.00 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 sumo the City of Fart Collins is exempt form state and local nixes. Our Exemption Number is I L NONWAIVER. 9"502. Federal Excise Tax Exemption Cenificare of Registry 84-601 u registered with We Collector of Failure of the Purchaser to insist upon start performance of she tams and conditions hereof, failure or delay to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Sumter 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a breach, the aceeptaoca ofar payment for goads hereunder or approval ofthe design, sluill not releare the Seller of Goods Rejected. GOODS REJECTED due to failure m meet specificatio s, either when shipped or due b defects of any of the warranties or obligmions of this purchase order and shall not bet dented a waiver of any right of the damage in numb, may be rommed as you for credit and are not to bet replaced except upon receipt of wrinen Purchaser to insist upon strict performance hoomfor any of its rights or remedies as b any such goods, regardless instructions from th<City of Fiat Collins. of when shipped, received or accepted, as to any prior or subsequent &fault hereunder, for shall any appeared oral modification or rescission of this parcbase order by the Purchaser operate as a waiver of dry of the morn Inspection. GOODS we subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptant. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of run Collins. However, it is to be understood that FINAL Sella and the Purchases recognize that is actual craverrinic practice, ovechmges resulting from amicant ACCEPTANCE is dependent upon completion of all applicable required inspection procedures violations an in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby cosigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or stale antitrust laws for such overcharges redoing to the particular goods or services otherwise apecifial on this order.lfpennisnon is given to prepay freight and clrugc separately, the original freight purchased or required by the Purchaser pursuant to this purchase order. bill must accomoanv invoice. Additional chances for oackinu will not be accented. Shipment Distance. Where manufacturers have distributing p anu in various pans of the country, shipment is expected from the nearest distribution Point to destination, and excess freight will be deducted form Invoice when shipments art made from greater distance. Permits. Sella shall procure at sellers sale cost all necessary permits, c aifiestes and heart required by all applicable laws. regulations, aMunnces and roles office state, municipality, territory or polifcal subdivision where the work is performed, or required by any other duly continued public authority haviogjuroubstio r over the work of vendor. Seller (other agrees to hold the City of Fort Collins harmless from and against all liability and loss mounted by them by reason of an assured ar ntblishd violation of any such laws, regulmious. MO.. rule, and cammeamenes. Authoriaalion. All parties la this contract agree cast the apresentativ« arc, in fact, buv fide and possess full and complex nuthomy to bind said parries. LIMITATION OF TERMS. This Purchase Order expressly limit acceptance to the moms and conditions stated herein set fond and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additimal or di@rent it. cad conditions pmpasd by scller are objectedro dad hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date m noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchaw order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance f,.dial late dolwarisa, shall operate as a waive of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable far 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 reesamble central and without its fault of negligence, such act of God, acts of civil or military a don ies, governmental Niumms fires. strikes. Boor. epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Sella first received knowledge thereof. In the event of any such delay, the dam of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Sella wmmnm that all goads, articles, matmoda and work covered by this order will conform work applicable drawings, specifications, ample, andtor other descriptions given, will be fit for the purposes intend&, and parforend with the highest degree of eve and companies, N accordance with accepted standards for work of a similar ..to The Sella agrees to hold the pmchown harmless from any loss, damage ar expense which the Purcha may suffer or incur on account office Sellers breach of w.mnty. The Seller shall replace, repair a make good, without cost b the purchase, any defects or faults arising within one (1) year or within such longer pmod of time as may be presented by law or by the terms of any applicable warranty patented by the Sella after the date of acceptance of the Goods famished remainder (acceptance at to be unto mbly Ealayed), resulting Rom impnfira at defecrive work done or matarals banished by the Seller. Acceptance or use of goods by the Purchaser shall at consulate 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 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 Purchases may make changes to legal teats by written change odes. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser any make any changes to the terms, other than legal terms, including additions to or deletions form the quantities originally ordered in the specifications or drawing, by cabal or written change order. If any such change aliens the amount due or the time of peforrrwce hereunder, an equitable adjustment shall be made. &TERMINATIONS. The Purchaser may at any time by variants change order, terminate this ag.m u m any ar all portions of the goods then rent shipped, subject to any equitable ndjmtment between the ponies as m any work or mmenal5 then in progress provided that the Purchaser shall dot be ]ionic for any claims for anticipated pmlits on the uncompind portion ofthe goods and/or work, for incidental or consequential damages, and that an such adjustment be made in favor ofthe Seller with respect to any goods which art the Sellers standard stock. No such parecution sholl relieve the Purchaser car the Seller of any of their obligations as m any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim far mi ustmrnr must be asserted within thirty UO) days from the date the change or constitution is ordered. 8. COMPLIANCE WITH LAW. The Seller woman, that all goods sold hereunder shall have bran produced, sold, delivered and famished is strict compliance with all applicable laws and regulations to which the goods arc 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 imory vaned in agreements of this character One herchy incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all casts and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign dansfer, or convey this order, or any monies due or to become due hereunder without the prior wrinrn consent of the other May. 10. TITLE. The So[], is full, clear and committed rifle to the Purchas.forsell equipment, materials, and it. furnished in parforappon of Nis agreement free and clear of any and all liens resminions, mtnvafi., sa mity inrerRl encumbmrma and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or deb Live goods by a date to be agreed upon by the Purchaser and the Sellerand the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious mean available to it, and the Seller shall pay all coal associated with such work. The Seller shall release the Purchaser and its contractors of any tier boom all liability and claims of any ware resulting from the Performance ofsuch work. This release shall apply even in the event of fault of negligence of the party oriented and shall extend to the directors, of irers and employees ofsuch party. The Sellers contractual obligations, including warranty, shall not be deemed to be calmd, in any my, because, such work is performed or caused m be pert d by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, From. trademark ca copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the caniract, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such infi ngement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof m the intended nse of the goods, is in such suit held in comfort infringement and the use of and equipment or pan is enjoined, the Seller shall, at its awn expense and at its option, either procure for the Purchaser the night to continue using said equipment or pads, replace the same with substantially goal but noninfringing e,ropment, or modify it sec it becomes naninfinnging. 15. INSOLVENCY. If the Seller shall became insolvent or loodmpt, make an assignment for the benefit of creditors, appoint a resu,iser or us trme for any of the Sellers property, or business, this order may forthwith be canceled by the us Famo. without liability. 16. GOVERNING LAW. The definitions of temu used or the interpretation ofthe agreement and the rights of all ades hommada shall be construed tadee and govemd by the laws of the Sate ofC.Ionsdo, USA. The fallowing Additional Conditions apply only in cases where the Sella is to pert work hereunder, including the services ofSellm Ramearabove(s), on the premises crackers. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work in Scures awn risk until the same is fully completed and accepted, and shall, in se of any accident, destruction or injury to the work arbor materials before Sella's final completion and acceptance, complete the work in Sellers own expense and to the satisfaction of the Purchases. When memriala and equipment are Finished by others for installation ar eversion by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible 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 expense, 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 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 repay comprehensive general liability including, but nor limit& ra, coometoal and automobile public liability insurance with bodily injury and death limits of at least 5300,001 for any one person, $SW,IXp for any ne accident and property damage hour per aaidert of S4MOi The Sella shall likewise require his conmacrors, if any, to provide for such compensation and harmonic, Before any of the Sellers or his contractors employees shall do nay work upon me examsa of others, the Sella shall furnish the Purchases with a certificate quit such compensation and insurance have been provided. Such cauftwm shall specify tf date when such compensation and insurance have been provided. Such c aif®ses shall specify the date when such compesation and immame expires. The Sella agrees their such compensation and insr. shall be maintain& until affa the emire work is completed and accept&. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damgaq loss or injury of any kind or wture whatsar er to persons or property, caused by or resulting from the execution ofthe work provided far is this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Pmchoser and any r all of the Purchasers officers, agents and employees farm and against any and all claims, losses, daagea, cm harges at expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any net, action, neglect, omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time oa account or by reason of any act, action, neglects omission or default of the Sella of any of his contractors or any of its or their officers, agents or employees as aforeaid, the Seller hereby ounces to assume the defense thereof and to defend the same at the Sellers own expense, so pay my and all cases, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purolocia or any of its or their officers, agents or employees in such suits or other praceedings, and in care judgment or other lien b, placed upon or Obtained against the pmpeny of the Purchaser, or said parties in or as a rtsair ofsuch suits ar other proceedings, the Seller will at once cruse the. m be dissolved and discharged by giving bond or otherwise. The Sella and his contacors shall take all safety precautiam, fiunish and install all guards rmcesary far the prevention of accident, comply with all laws and regulations with regard to safety including, but without limitation, the Occupmion id Safety and Health Act of 1970 and all roles and negotiations pound pursuant thereto. Revised Wind 10