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HomeMy WebLinkAbout498349 BANNER CONCRETE - PURCHASE ORDER - 9142051 (2)Fort Collins Date: 05/19/2014 PURCHASE ORDER PO Number Page 9142051 1 of 2 his number must appear on all invoices, packing sli s and labels. Vendor: 498349 Ship To: PARK MAINTENANCE BANNER CONCRETE CITY OF FORT COLLINS 715 PETERSON ST 413 S BRYAN FORT COLLINS CO 80524 FORT COLLINS CO 80521 Delivery Date: 04/10/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 3 CHANGE ORDER 1 1 LOT EA 2,517.08 4 CHANGE ORDER 1 1 LOT EA 2,517.08 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry B. 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 $5.034.16 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 jtiond Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By swore la City of Fun Collins k aompl Lima mare ad local loxes. Our Examp,tan Number is11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cenificale of Registry g 6000587 is national with flue Colleuor of Fail. of be Pumnaser o imist NO mitt po fomunce of the ,mo and mdstiom b f. failure or dd, m Internal Revenue, Denver, Colonels (Ref. Colorado Revisd Somalia 1973. Chapter 34 26, 114 (a). eas mice tiny fights or remedies provided herein or by law, 6ilum In promptly nodty the Seller in the event of a branch, the incendiaries oror pnyman for goods hereunder. approval of,a design. sail not rlead die Seller or Good, Ropead GOODS REJECTED due to fuilum m men menfReammus, erdm who shipped or due m defaces of any of the warrants or obligations of this purchase order anal shall not be deemed a waiver of any right of the Manage In exam, Easy be rammed to you for credit end arc mu I. Lee replawd Oxen, upon receipt of wrinrn purchaser to most upon times pcdo mwce hereofor my of es fights or remedies as to my such goods, regardless itamcdoa form the City of Fa Collins, of who shipped. fxeivW or excepted, a to any prier or emaciation detnult areumkr, ter shall wry, pu ported oral mdiRndon . rec n. of Nis purchow ender by the Frontier upemtc a a weiver of any of the ,emu Imposition. GOODS are subject to the City of Fat Collins nrperfion on arrival. hereof. Find Maritime. hermit of to memhundi¢, service or equipment at aspoae to this under con matt in 12. ASSIGNMENT OF ANTITRUST CLAMS. atom ad payment an Nos rya of the City of Fan Collins. However, .l s m M umlmmnl tat FINAL Sella and the Purchase, occanin anat m aaW ecammic 1—tic, o mehaeges Mulling from antitrust ACCEPTANCE is dependent upon completion aFall applicable segwml Mission ineedrrce. violations ism in feet Marc by the Purchaser. Tl,Mofore, fur god au. and Us anaidemfion for executing this purchase orkr, the Salim many aligns to the Pumhmer by and all claims it any now have car hereafter Freight Teams. Shipments must be F.O.B., City of Fort Calll. , 700 Wood St., FUEL Collins, CO 80522, unless national under formal or state nntilmsl lows for such overcharges mining to the particular goods err services Otherwise specifid on this order, ll' padsxim is given to prepay freight and charge separately. the original height pamhoal or ec9uird by mo Pamhur puruat an this puruaas order. hill .,at mampan, I.... Additlomd calla far perking will mt M concerned. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where mnnuf.turtax, have dkmbuhnS panes in venom pas of the country, ahipnlcm is Little Purchaser disco the Seller to corner nonmnfosming or defectin geode by a date to M aged upon by the expected from the ..Mt ddriatnn pain, to desdsnrom, ad excess (reign, will M deducted from linesmen who Purchaser nth der Sella, and the Seller thereafter idiyt. its tabilisy or unwillingmss to comply. the Pmmh.er shipments am made farm grader distance. Easy ceux Me won m M performed by We ram, expedition memo manful le an tt, and der Seller shall pay all sets asaximd with arch work. Permits. teller shell p . m wail. ale cash all mmesary, pandits, cari ficuse rain iiwmes uquimd by all applicable kws, regulations, adim.ea end ales of the smm, poe icipahty, t.imry or political sudivtsion where Ta Sella shall also tie Embosser ,ad its conracor of ay tier Ram till liability and dames of any amrc the work is pa omW, or mqun l by my other duly ooatdamed public au odty having jurisdiction oar the work resulting from the Performance ofauch work. of vendor. Seller funbm agma to hold the City of Fan Collins Mmiex from and against all liability and lair mcorrd by tam by mama of an asserted or established vmbilim of any soh laws, regulations, odmaMs, rules This release shall apply even in the event of fault of negligence of We perry relared and sail extend In the and requinxanb, ducca s. Was. end employees Orions pate. Authanwtim, MI parties to this contract agree 'list der reprtwnmiva era, in fact horn fide not pa— fail and The Sellds cm,mctuel valentines. including w,fea1y,.1.11 to, M denied a M seduced, in any way, Moment, complete mdanty an bind mid pales. such work is performed of caused in M per -Mated! by the Purchases. LIMITATION OF TERMS. This Purchase Order m,pm.1, limit, acenome 1. the ,am and condition, amend Mason wet fish and my supplementary or ddhmml omu and mdrfiom maxed b.to or mcmTUUded arein by refire... Any aditiaal or MIREnt to. and candbioras pmlarud by seller are abjoetW to End hereby aW ed. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedi.10y t'yun canna, make mo pla, sbtpmt,n, m arrive on your pcmiaed delivery duo as noted. TO. is of the eaaro. Delivery and Mi..., must M effected within the lime sold on the pooh" _ order and this documams atd.bed beclo. No aces of me Pumhmers maturing, without limitation,.entmce ofpodal for deliveries, shall opera, as a server oftbs provision, in mhos event army delay, the Purchaser shall have, in addimia In other legal and egmdable mnedms, the opdon ofplacing thin order esewliem od holding Nos Seller liable fro damages. However. One Seller shall Ida be, I Ile far dmraga as o result of delays due to oases ml feammbly fmaeemble abortion, Myad its reeaable casual and wlthm, its fah orould,bi ce, such acts ofGd..ts or.vll ormilitery i uWando, govornmemal pnada, foes, mikes, flood, epidemic, was or has provided that notice of the coalitions cooing such delay is given to tla Pum1bUM within fin (5) days of the if., who the Sella his, feceivd Mnwldge thamr. In the event of ay soh MI,, the date of dormsy shall M attended for the Period visual to the time astany lost by reran ofthe delay. 3. WARRANTY, The Seller warrants [lint all gods, entries, materials and work covered by Mis under will con, with applicable drawings, specifications. w mM adsor odlld deveripmes mina, will be fit for the Purposes memdd, ed perfumed with the higher, degree of care and compnr en so accadmy wiW accond smdafds ter work of a similar nanme. The Seller agates I. Mid due pmchamr hasinlaus Ram any, has damage or eapeme which ,he Pumhnsor any safer or tour on ovum of the Sellers branch of wammy. The Seller sell arpluu, repair or make ,..L without twos der, pumMser, my cisfrers or foul, main, within oo (1) ymr m wsthm such hanger peril of ,me a may be praeribd by kw or by lM temp army applicable warranty Revsdedby fa Sella after due due of naeplance of the gods Runishad aerwda (acceptance no, to hr unreaambly delayed), mulling from rehab., or dar nive work done err mntennls Noshed by the Seller. Acceptance or tic of goods by the Purchaser shell not coafiote n waiver of., claim condor Ihie waanty. Except as otherwise Provided in lists Immune. order, the Sellers liability heaonder shill atmd a all domagn proximately awed by Lou March of my of the mregoing enormous or gll.nfees, bra such liability shall in no earn, include ram at pmfim or loe of ere. NO REPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERM!. The PmcharEn cony make change to legal Mors by am change order 5. CHANGES IN COMMERCIAL TERMS. The purchaser may make any changes, she mats more than legal sumo, ialding ak itimen in err deletions from the slogdfio originally ordered in the specifianom or drawings, by vcrbnl or "am change order. If wry such clung, stores the mount due or the time of perfomanw hereunder, an equimble adjustment shall M mode. 6. TERMINATIONS. Tire PumMser may is any fi. by .. change artkr. mmninme this agreet.m n. ,,any err all porionm of the gaods than am shipped, mbpen Ins my a gacmble djmma, bnuxrn Ill, ponies us la any work or mmmuls then'm progress provided that the Purchaser shall and M liable far any claims for mono add profits on IM uncomplmd palm of the grads, amlm r work, ter incidental or emsexper cil damages, and Ile, no such dlmtmen, M modern favor of dw factor wig rap., so my goods which sre'le Sellers smndad sleet. No such mmmwaa shill relieve the Pamhmer or ra Sella army urtmirmlignaa us 1. my Sours deliverd hereurrtM. T. CLAIMS FOR ADJUSTMENT. Any claim for dj UpMmt mat M murtd wiWin marry (30) daya from the date the change of temhafion is adored H. COMPLIANCE WITH LAW. The Sella..is than all gawk mW remainder call has then produced, mid delivered and tesbed in strict compliance wit all applicable laws and reguhtioa in which the goads are amest. TM Seller shall execute and deliver such dos.. as nay M IequlMl or eRec, or evidence csmPhmue. All In. ad mgulathm respond I. M incorporated is ageem mess of his carnnor ere herby hi mpomrd herein by des mi.. TM leper mts to indemnify and Mid Nos Purclmdr hmmlrs Ram all costs and duagm suRvrad by der Pumhadr a a haul, of the Sell. failure m wmPly with inch our. 9. ASSIGNMENT. Ndther Party shall assign, trawler, or convey this order, or any monies due or to lime= due herounder without the prior weapon consent of the other party. 10. TITLE TM Sella wmmms FEB. clear and ImmsusdW fide be the Rochester for all equiPEao, mmdas, and items mmkhd in porromearres, of dos announce, firm and slare of my ad all Issues, asutdon, reservoMm, seariry mencen encumbans and cams area ers. 14. PATENTS. Whatever no Seiler s MimrcJ In use my design. device, rtmmfial or access coveted by loner, puma,, ,mdemak or mpyri pa, the Seller shall Oak any and rave Emotions der Pumhmor from ay and all claims far infringement by muss of the use of ash pruned design, device, amend or prow. in conrecfiun with the contract, ad shall indamni fy the Puchuser for any cast, expense or damage which it may M obliged to pay by serum of such infringement el my time doing Out prosecution or afM the campletton of the work. in cuss add equipmal or my pen thereof or the thml kx1 see of the goads, is in such euh held to cacdmte infringement and the use of mid mmprMU or Leon is carpusal, the Seller shall, at its own expense and se its ophon, either prcmme far the Pn chnocr ,M right in w arm using wEd mquipmmll or pan, White the stem with substantially equal but mnintnngins aldpmenl, or intensity it so it baronies naninfdnging- 15, INSOLVENCY. Ir IM Sake soli Me. iaalveat or baksup,, make an asig .1 fw roe Math of arras, npoim a Incisor or bust. for on, of I. Sellers ymamy or business. this area may forthwith he arrested by the Puchaer wrthmd liability. H. GOVERNING LAW. The definsdom of terns Ead or the tntetpr,mdm ofthe agretreard W the rights of all pnnia hammdershUl he conmued under and govemed by the leas ofsle Sale of Colorado. USA. The fallowing Additimud coditiom apply only in cases when Me, Seller is to perform won hereunder, including the snviees efSElI. Repreaaldvgs). an t premiaa of mg me. V. SELLERS RESPONSIBILITY. The Seller shall arty on mid work at Sellers own risk and the age is fully ample d and accepted, and shall, I. Ease of any awidenk destmotion or injury to the work arbor nomads before Sellers final campletim and accordance. complete tho work at Sellers own amese and to der sahsferman of the Purcheirs. Wan nationals and equipment are fimin by others for ImW hdon or nation by tla Seller, the Seller shall receive, unload, store and handle mine at do, site and become mpmmlble drainer m Ilmugh soh mumerwM motion rquimnam were Using Natiohd by the Seller under the order. 18. INSURANCE. Ter Seller salt, or has awn apace. Parasols far the'yarn, of workers campemnttan, tin lmhng accalefiomd disease beafib, to its empinymes employed an or in amrection wife Ore work wwmd by this panchaae adn. mall., o their depe.krns in mcaduae with the lows of the slate in which the work is to be done. The Seller .hull do entry ampahemive pnaml liability including, and as Ieddd to. cmmetml and uutonrabre public liability Unions, n s, with bodily injury and Myth limits of in least S300,mo fm my one person. S50o.0100 fro my one accident and property Matepe limit per accident of $400.000, The Selin shall likewise fegulre his antrneon. if any,,. provide to, Each normeratio n it iruurnme. Bat my of the S.H. or his co rmcdota employ.., shall do my work rpm be premises of others, the Seller shell Month the Purchaer with a wdfiwre dint such ampenmrian arW insurance wve b.n Dfivided. Sah certificates shell specify to date when such ompewulon and human have been Pm . San wnrifien shall speci fythe hue when such compensation aEd in .......piro. TM Sulle.gr. IMI men compmmanim and mumrwe shall M maintained until Order the .It. work is compined and acePMl 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby comment the Entire s®pmuLiliry and liability for any and all dernage, loss or injury army kind or more whobwver to porsoa an prepay aced by or faulting farm de amnia of la work pcvidd for in the. Purchase odm or to eann.dm herewtb. The Sella will Lndemmffy end Mid buml. the Immune sd any or till of the Purchaser idnec s, agents and smplays tram ad agurat my and all claims, Item, alas,., chroga or exams es, whether dire, or inthren, and whether to peream or property to which the Pumlaser may M put or subject by mean of any act, action, seglact, omission or dollish an the pan of the Seller, my of his ..l., or my of der Sella or contamar aWwn, tgenb o com.y.s. In ass my aril or othor promdivga shill M brought Want the N., or its o0iceas, agora or employ. at my date m account or by ,man of my act, .fi m, small, not. or default of the Seller of any of his consumers or try, of its or Nosh afters, agenb or Employees as amremd, Ins Seller hemby rgmees m assume Ins defemn tarot and to defend the mate el the Sell. own ExU me, o Pay mry and all cos,, cargo, aammays fan and tither expends, any and all jdgno a la, Easy M mourned by or oMnind against the Purchaser or my of its or theta aB,c., arms or employs in such onto or other proundings, and in won judgment or after hat M placed upon or obrtned against Ore property of the Purchaser, or said pates In or as a MULE of such suite or other pmcedirat the Seller will at ease arose the tame to Md solved and dtEchgged by am ng Mae or otherwise. Ter Seller and his cardamom shill mks all may transitions. fumsh and taall all mounds necessary, far tM prevention of ondens, comply with all laws and rcgulaMes with regard to safety including. but without hmiatim, doe Occupational Safety gel Health Act of 1970 must all toles and reguldaa kaad ptmumt theeo. Revised 03,2010