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HomeMy WebLinkAbout498349 BANNER CONCRETE - PURCHASE ORDER - 9144568PURCHASE ORDER PO Number Page City of PURCHASE 9144568 ,oft Flirt Collins This number must appear ,�—J`-' ` 1 1�7 on all invoices, packing sli s and labels. Date: 08/11/2014 Vendor: 498349 Ship To: STREETS DEPARTMENT BANNER CONCRETE CITY OF FORT COLLINS 715 PETERSON ST 625 NINTH STREET FORT COLLINS CO 80524 FORT COLLINS CO 80524 Delivery Date: 08/11/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price INV 1205 and work order STS-20 1 LOT LS 18,344.00 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Jummm mrrmlra-csmrlC.L7mLhR� Page '2 of 2 1. COMMERCIALDETAILS. Tax exemptions. By statute film City of Can Collins is exempt from state and ]mat axes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is regis¢red with the Collector of Interval Became. Uenva. Colorado (Ref. Colorado Revised Statures 1973. Chapter 39 26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defers of damage in coresit, may he retuned us you for credit and are net m be replaced except upon receipt of women instructions man the City of Fan Collins. Inspection. GOODS art subject to the City ofFOrr Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, sec equ ipment uipment in response to this order cansult rein authorized payment on the pan of the City of Foe Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable terminal inspection procedures. Freight Tears. Shipments most be F O.B., City of Fact Collins, 700 Wood Sr. Fort Collins, CO 80522, unless otherwise specified on this Omer. If permission is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pants of the country, shipment is expected firm the nearest distribution point to destination, and excess freight will b, deducted Pram Invoice when shipments are made from greater domme. Permits. Seller shall procufe at sellers sale cost all necessary famous, certificates and licenses required by all applicable lases, regulators, am.. tales of the some, municipality, mnitory or political subdivision where Me work is performed, or required by any other duly constiNted public authority havingjumdiction over the work of vendor Sella further agrees to hold the City of Pon Collins harmless from and against all liability and lass incurred by them by reason of an asserted or eablishd violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All panics to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority m bind said panics. LIMITATION OF TERMS. This Pummov Omer expressly limits acceptance to the terms and conditions stand herein set Rob and any supplementary or additional hots and conditions annexed hereto or incorporated herein by refrricia. Any additional or dillbrem terms and conditions proposal by miler are objected to and hereby OJasa, 2. DELIVERY. PLEASE: ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your pmmiscd delivery date as noted Time is of the essrna. Delivery and performance most be effected within the time sated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of p.mial late deliveries, shall opmte as a waive, of this provision. In the ,Of 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 for damages. However, the Seller shall not he 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 acts afGod, acts of civil or military authorities, govemmental priorities, fires, strikes, Food, epidemics, wars or dots provided that notice of the conditions causing such delay is given to Me Purchasa within five (5) days of the time when the Seller First received A wddge thereof In the evem of any such delay, be date of delivery shall the extended for the period equal m the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants bar all good. articles, materials and work covered by this rode, will cant wit applicable drawings, specifcaim , samples unWar other descriptions given, will be in for the purposes intended, ark performed with the highest degree of care and competence in accordance with accepted standard for work of a 'mils note. The Seller agrees to hold the purchaser harmless Form any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost In the purchaser, any defects o, faults arising within one (1) year or within such long, period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goads famished hereunder (acceptance not to be unreasonubly delayed), resulting from imperial 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 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 lass of pmNs or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser nay make changes to legal terms by amen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tents, other than legal terms, including additions to or deletions from Me quantities originally ordered in the specifi always or drawings, by verbal o son en change order. If any such change affects the amount due or the time of sammance hereunder, an equitable adjuslment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrimen change order, terminate this agreement any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to my work or materials then in progress provided that the Purchaser sh II not be liable for any Onions fur anticipated praf s on the uncompleted portion of the goods and/or work, for incidental or consegoential damages, And char no such adjustment be made in favor of the Seller with respect to any goods which am the Sellers standard stock. No such lamination shall ref ieve the Purchaser (it the Seller ofany of their obligations w to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within thirty (30) days from the ire the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all good sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods arc subject The Sella shall execute and deliver such documents as may be orbited to eRea or evidence compliance All laws and regulations requill so be marginated in agreements of this character are hereby marginated herein by this reference. The Sella agrees to indemnify and hold the Pashas, hounnla, from d) rams ad damages s rfli d by the Purchaser as a result of Fe, Sellers failim, to comply with such law. 9. ASSIGNMENT. Neither pony shall assign, transfer, or convey this order, or any monies due or in become due harmnda without the prior written consent of the other party. 10. TITLE. The Seller warrams full, clear and unresoicmd title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, Gee and clear of any and all liens, remictiuns, mamations, security interest encumbrances and claims ofmhaa. 11. NONWAIVER. Failure of the Purchaser to exist upon suict performance of the tcrtns and conditions hereof, failure or delay to exercise any rights or readies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance arm payment for goods hereunder in approval of the design, shall not relator the Scll, of any of the wamnties in obligations of this purchase order and shall not he deemed a waiver of any right of the purchaser to Insist upon strict performance harmfor any of its rights or comedies as to any such good, re,un less of what shipped, received or mimpld, as m any He, or subsequent default hemwdeq mar shall any pmponed coal madi fation or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENIOF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, o achorges resulting from antitrust violations are in fact home by the Purchasu,. Theretore Nr good 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 acquired under federal or stars antiwst laws for such overcharges relating ,, the partial., good or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. tribe Purchaser directs the Sella to correct nonconforming or defective goods by a dare to be agreed upon by the Purchaser and the Seller, and the Sella thereafter indicates its inability or unwillingness to comply, the Purchaser may auu the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs resseiatd with such work. The Seller shall release the Purchaser mat its contractors of any tier from all Robins and claims of any afore rewiring Room the Performance ofsuch work. This takeout shall apply e'en in Me event of fault of negligewe of the parry released and shall extend to the dimemrs, aRecrs and employees of such party. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purehasa. 14. PATENT S. Whenever its Seller is required m use any design, device, material or process em'ered by later, patent, trademark copyright, the Seller shall indemnify and save hamdess tle Purchaser from any and all claims for infringement by reason of the use of such premed design, device, material or process in connection with the contract, and shall indemnify the Purchase, for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its awn expense and at its option, either procure for the Purchaser the right in continue using said equipment or pans, replace the same with some ntlally equal but noninMnging equipment, or modify it so it becomes nounfringing. 15. INSOLVENCY. If the Seller shall become overhear or bankrvpt, rake an assignment for the benefit of Cradom, Vinum a receiver or tr 1. for any of the Sellers pmpeny or thusimes, this aide, nay forthwith W canceled by the Purchaser wide m liability. 16. GOVERNING LAW. The definition ofterons used in the interpretation ofthe agreement and the rights ofall ponies hereunder shall Ito construed under and governed by the laws ofthe State ofColomda, USA. The following Additional Conditions apply only in aticas where be Seller is m perform work hereunder, including the services of Sellers Rmausentativas), on the premises of others. 19. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellels own risk bill the same is fully completed and accepted, and shall, in e of any ...idea,. deswcom or injury to the work mi materials before Seller's final completion and eceptunce, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are fumishd by others fur installation or erection 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 Me order. I& INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compersaion, wcluding Occupational disease bcncfinu as its employees employed an ar in connection with the work covered by this purchase Order, unNor to their dependrns in accordance with the laws of the state in which the work is an be done. The Seller shall also any comprehensive general liability including, but Out limited to, tame n d ad automobile public liability insurance with bodily injury and death limits of at least Dun, tlO for any one person, 5500,000 for any one accident and no,edy damage limit pa accident of 5400,0F0. The Seiler shall likewise memire his contract , many. to provide for such compensation and intormance. Before any ofNe Sellers or his contractors employees shall do any work upon Me premises of others, the Seller shall Finnish the Purchaser wiN a mordent Fiat each emaperromm. and immanc, have been provided. Such cenifeaes shall specify the time when such compensation and insurance have been provided. Such aniftcales shall specify the die when such compensation and in expires. The Seller agrees that such ima, m oomin and insurance shall be maintained will after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. 'the Seller hereby assumes the entire responsibility and liability for any and at I damage, lass or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers ofrers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may In, put or subjcct by reason of any act, action, neglect, omission or default on the pan of the Seller, any arms contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other promadings shall be brought spins, the Purchaser, or is.Beers, agents or employees a any time o s account or by season of any Oct. action, Militia, omission or default of the Sella of any of his contractors or any of is or their officers, agents or employees as of id. the Sella hereby agrees to assume the defense thereof ad to defend the matte at the Seller own expense, to pay any and all cods, charges, inamb x fees and oMa expenses, any and all judgmens tot may be incurred by or obtained against the Purcosa or any of is or they officers, agents or employees in such suits or other pace e i ip, and in case judgment or order liar be placed upon or Obtained against thc property of the Purchaser, or said panes in or as a nesuit of.h suits or other pmceditip. Me Seller will at once cause Me same to he dissolved and dischargd by giving bond or otherwise. The Sella and his contractors still take all safety precautions, famish and install all guad necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all tales and regulations issued pursuant therem. Revised 074oU4