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HomeMy WebLinkAbout498349 BANNER CONCRETE - PURCHASE ORDER - 9144585of Fort Collins Date: 08/11/2014 Vendor: 498349 BANNER CONCRETE 715 PETERSON ST FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9144585 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 08/11/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price i INV 1207 per WO StreetsYard 1 LOT LS 5,726.68 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 $5.726.68 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 1. COMMERCUV,DEI'AIIS. Tax exemption. By statute the City of Fort Collins is exempt from state and local m u s. Our Exemption Number is 98-04503. Federal Excise q'as Exemption Certificate of Registry 84.6000587 is registered with the Collector of Internal Revenue, Dar tt, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39 26. 114 (a). Greek Rejected, GOODS REJECTED due to failure a meet specifications, either when shipped or due to defects of damage in fmnsil, may be returned to you for credit and art not to be replaced except upon Parl r of written instructions from the City effort Collins. Inspection. GOODS ate subject to the City argon Collirs Inspection on arrival. Final Acceptance. Receipt of the merchandise, smicee of equipment in religious, to this order can recall in amhodud payment on the pan of the City of ran Collins. However, it is fro be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terns. Shipments must be F.O.B., City of Fort Collins, 700 Wood St, Full Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge sparely, the original freight bill must accompany invoice. Additional charges for peaking will not be accepted. Shipment Distance. Where manufacturers gave distributing points in various pans of the country, shipment is expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater dismmc. Parris. Sella shall procure at sellers sale cos, all ,wcessary permits, ceniftrmas and licenus required by all applicable laws, regulations, ordinances and mles of the site, mmnicipali y. territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vend.,. Seller further ounces, to hold the City of For Collins Iamtless from end against all liability and loss incurred by them by reason of ua nseatd or established sudstinn of any each laws, mailnlh ns, cads alas, miss mid requirements. Authoritarian. All panics to this contract agree that fhe representatives are, in fact, bona fide and possess full and complete autboriry to bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions stated herein sal fur, and any supplementary or additional tams and mnddians amexed hereto or incorporated herein by reference. Any additional or different terms and mndiliom proposed by xlla are objected to arm hereby rejected 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to allve on your promised delivery date as noted Time is of the slimness. Ddivrry and performance ..at be effected wilhin the time stored oa the purchase order slid hlie doaumtt,ts ataehed hereto. No aces of the Purclfasers including, without haritmion, acceptance of pri itd late deliveries, shall operne as a wease, of this provision. In the event of any delay, the Purchase, shall have, in.ackla on to .,her legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages_ However, the Seller shall not be liable for damages m a result of delays due to causes not reasonably foreseeable which are beyond its Promote al l and without its fault ofneglighm e, such aces of cod, ass of civil or military authorities, govemmenal pnonties, fires, strt flood], epidemics, wars or nos provided Nat notice of the condition coming such delay is given to the Purehrea within five (5) days of the time when the Seller Bast received knowledge thereof. In file event of any such delay, the dam of delivery shall be extended for file period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will calif rml with applicable drawings, specifications, samples anllor other descriptions given, will be fit for he purposes intended, end Performed with the highest degree of care and competence in accordance with accepted standards for work of a similar ,alum The Seller agrees to hold the purchaser harmless from any loss, damage or expense which fhe Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replxe, repair or make good, without cold o the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warraoty provided by the Seller after the date of acceptance of the goods famished hereunder (aceptance not fo be umeasorably delayed), resulting from imperfect or defective work done or mmand fumishd by the Seller. Acceptance or use of goods by in Purchaser shall not omtimte 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 paths or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SIIA LI. APPLY. 4. CHANGES IN LEGAL TERMS. The Purcbaer may make changes fo legal terns by wriamn change oMe,. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to fhe reml other than legal items, including additions to at delniors fmm the amounts originally ordered in the specitiratiom or dmwint by verbal or walment change order. If any such change affects the amount due or the time ofpalmornance, hereunder, an equitable djunment shall b<made. 6. TF.RMMATIONS. 'r he Purchaser may at any time by unt en change order, laminate this agreement as to any or all portions of the goads then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purdsmer shall not In liable far any claims for anticipated profits on the uncompleted Portion of the goods andfor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respech to my goods which are fhe Sellers standard stock. No such mandration shall relieve the Purchaser or the Sella ofully affair obiliganow, as to any beads delivered hereunder. Z CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date file change or ¢mriration is ordered. 8. COMPLIANCE WIT IT LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and fumishd in strict compliance with all op,trouble lows and regulations to which the goods are subject. The Seller shell execute and deliver such documents is may be required to effect or evidence compliance. All laws and regulations required to be incoTomted in agreements of this character are hereby incorporated herein by this reference. the Seller agrees to indemnify and hold the Purchaser harmless from all cults and damages suffered by the Purchaser as a fault of the Selas failure to comply with such law. 9. ASSIGNTSENT. Neither party, shall assign tmra feq or convey this order, at any monies due or to become due hereunder without fire prior wnttrn convent of the other vary. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items mounted in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest rncumbmnces end claims of others. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terns and conditions hereof, failure or delay to any rights or remains provided herein or by law, failure to promptly notify the Seller in the event of a branch, the acceptance of or payment for gaads hereunder or approval ofthe design, shall not release the Seller of any .1 the warranties or obligations of this purchase Order and shall not be deemed a waiver of any right of the purchaser to insist upon stun performance hereof., any of its rights or remedies as m 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 pursherse order by dw Purchaser operate as a waiver of any of the team hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser magma that in actual ec is listener, nonetheless res ulting fmm anif.' violations are in fact borne by the Purchaser. Theretofore, far good.. and as romlde vaion far executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or Farago acquired under federal or state animal laws for such overcharges relating to the particular goods a, services purchased or acquired by the Purchaser ...aunt to this purchase older. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Puchaer directs the Seller to correct nonconf Ing or defective guess by a date to he ogees upon by the Purchaser and the Seller, and the Sella therwner indicates its imbility or unwillingness to comply, the Purchaser may coupe the work to W performed by the mast expeditious mcam available to it, and the Seller shall pay all toss associatd with such work. The Seller shell ¢lease the Purchaser and its contractors of any tier from all liability and claims of any Porous resulting from the performance armor walk. This release shall apply even in the event of fnuh of negligence of the party released and shall extend in the directora, nlficefs and employees of such p.my. The Seller's contractual obligations, including warranty, shall not be deems to be reduced, in any way, because such work is performed or caused 10 ge performed by the Purchaser. 14. PATENTS. Whemvc, the Seller is required to use any design, device, mssum.1 or process revered by lever, pmear, mndemark or ropydght the Seller shall indemnify and save harmless fire Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in correction with the cantmcl, ail 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 prosecution or aftt the completion of the work. In case said equipment, or any non thereof art the intended use of the gouda, is in such suit held to constitute infringement and the use of said equipment a, pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to Continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it us it becomes noninfnnging. 15. INSOLVENCY. If the Serer shall become insolvent m historical make an assignment for the benefl of creditors, appoint a resciver or comme for any of the Sellers property or business, this order may forthwith be wnceld by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of fhe agreement and the rights of all ponies hereunder shall be construed under and go,med by hLe Inws of fbe Slate of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Reprexnafive(s), on file premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall wrty on said work at Sellers own risk until the same is fully completed and aceepfrd, and shall, in case of any accident, destruction or injury to the work anNor materials before Sellers foal completion and amepance, complete the work at Sellers own experse and to the satisfaction of the Necklines. When metal and equipment are famished by others for immigration or erection by Ne Sella, the Sella shall prall unload, store and handle same at the site and become responsible therefor as though such materials andror equipment were being famished by the Seller under the oidea 18. INSURANCE. The Seller shall, at his own expenx, provide for the g yment of workers compensation, including occupational disease handles to its employees employed on or in connection with the work roverd by this purchase under, lumber to their dependents in accordance with the laws of the auto in which the work is to be done. The Seller shall also any comprehensive general liability including, but nut limited to, commercial and auromobile public liability insurance with bodily injury and death limits of err is S300OW for any am Person, S500,000 (or any one accident and property damage limit per accident of S400.)00. The Sella shall likewise require his contractors, if any, to provide for such compensation an and insurance. Before y of thmnars o e Sellers or his contc employees shall do any work upon the premise f offers, the Seller shall runtish the Purchaser will a certificate that such contravention and insurance have been provided. Such c-Pricmes shall specify the dale when such our, turn and insurance have bun provided Such minfisales shall specify the date when such wripensation and inalsomee expires. The Seller .,,a.,.,,a.,that such compensation and insurance shall be maintained until alter the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hro by aaumm the enfihe responsibility and liability far any and all damage, lass or injury of any kind or mture whouoever to Persons or property caused by or resulting fmm the execution of the work providd fro is this mandate orda in in comedian herewith, The Seller will indemnify and hold harmless the Purchaser and any r all of the m Purchas officers, amens and employees from and updraft Pay and all claims, lasses, damages, charges no aftem s, whether direct or indirect and whether to persons or progeny an which the Purehassr may be put or subject by reason of any act, action, neglect, omission or defauh oa the pan of the Seller, any of her contractors, or any of the Sellers or connecton affects, agents or employees. In arne, any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any era, action, neglect, omission or default of the Seller of any of his contractors or any of its or their oflimai egen s or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and in defend the same of the Sellers own mspeme, to Pay any and all costs, clnrges, attomrys fees and other expenxs, my and all judgmenu thin may he incurred by or obtained against the Purchaser or any of its or their officers, Vents or employees in such point or offer pracedwgs, and in cox Indignant or offer lien be placed upon or obtained aga int the property of fhe Purchaser, or said parties in or as a result ofsuch suits or offer proceedings. fee Sella will at once cause the same to be dissolved and d6aM1mgd by giving bond or offenvise. The Sella and his commcmrs shall Pike all safely p.action, Somali and ireall all guards necesury for the preverfican of accidents, comply with all laws and regulatiom with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant human. Revised 07Q014