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HomeMy WebLinkAbout498349 BANNER CONCRETE - PURCHASE ORDER - 9144687Fort Collins Date: 08/13/2014 Vendor: 498349 BANNER CONCRETE 715 PETERSON ST FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9144687 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: PARKING SERVICES CITY OF FORT COLLINS 215 N MASON, 1 ST FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 08/13/2014 Buyer: JOHN STEPHEN Note Line Description Quantity UOM Unit Price Extended Ordered Price Concrete work parking lots 1 LOT LS 6,555.00 per work order OP-458968 Jefferson, Oak/Remington and Olive Parking Lots 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 Purchase Order Tenns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from sate and local taxes. Our Exemption Number is 11. NONWAIVER. 99-04502. Federal Excise Tax Exemption Cenificae of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to most upon in,, performance of ibe ants and wndium, haw( failure m delay to Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Salum, 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 breach, the acceptance ofor paymmnt for goads hereunder or appmv.I oDm design, shall not relative he Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any if the warranties or obligations Of his purchase order and shall not be deemed a waiver of any right of the damage in tramp may be ,ewmng to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies in to any such goods, regardless instructions Ifom Ore City of Fort Collins. of when shipped received or accepted, as to any prior or subssquenn default hereunder, nor shall any purposing am] mWification or rescission of this purchase order by be Purchaser agent', as a waiver of any of the terns Inspection. GOODS a¢ subject to the City of Fan Collins inspection on apical. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. Howxver it is to be understond that FINAL Seller and the purchaser recognize Out in actual ec c practice, Overcharges mulling from antitrust ACCEPTANCE is dependent upon completion ofall applicable retained inspection procedures. violations are in fact home by the Purchaser. Therelnfrrenforr good cause and M consideration for executing this purchase order, the Seller trashy assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments nmst be FD.T, City of Fan Collins, 700 Wood Sr, Fur, Collins, CO 80522, unless otherwise specified oa this order. If pemdissirn is given a area, freight and charge sorgandy, the original freight bill must accompany invoice. Additional charges for poking will not be accepted. Shipment Distance. Where manubcou ers have distributing Points in various pans of the eoumry, shipment is aspersion fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made fmm grower disputes. acquired under federal or Slane soutmst laws for such overcharges blaring to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser direc6lhe Seller to correct nonconforming of defective goods by a date to be agreed upon by Ne Purchaser and the Sella, and the Seller drussu ter irdiwtes its inability or unwillingness to comply, the Purchaser may cause the work a be performed by the most expedilimes means available to it. and der Sella shall pay all casts associated will such work. Permits. Seller shall procure .1 sellers sale cost all necessary pemrils, certificates and Ile. inquired by all applicable laws, regulations, ordinances and turns ofiha slate, municipality, temtary or political sublvi ion he. the work is performed, or required by any other duly c,untioned public authority having Finadidion over the work of vendor. Sella partner agrees In hold the City of Far Collins hamless from and against all liability and loss reed by them by reason ,I it asserted or established violation of any such laws, regulations, ordinances, piles and requperamos. Aufl mzation. All parties to this contact agree that the representatives are. in fact, bnnn fide and possess full and complete authority to bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance m the R. and condition sorted herein set forth and any supplementary, or additional corms and conditions annexed hereto or incorporated herein by election. Any additional or i ifierent tents and wndourns proposed by sells, are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCI IASING AGENT immediately it you cannot make complete shipment m amve oa your promised delivery date its noted. Time is of the essence. Delivery and perfrmance must be effected within the time stated on the Purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable comedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due as causes not r emonably foreseeable which are beyond its rcawnable control pod widmm its fault of negligence, such acts of God, acts of civil or military authorities, gm'emmenal priorities, tires, strikes. Boat epidemics, your or riots provided Nat notice of Ile conditions causing such delay is given to fie Purchaser within fire (5) days of the time when the Seller first received knowledge therwf. In the event of any such delay, the date of delivery shall be extended for the penal equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller war ants that all ponds, articles, materials and work covered by this older will cmingn with applicable drawings, specifications, samples andor other descriptions given, will be fit for the purposes intended, and performed with the Lighter degree of care and competence in accordance with accepted standards for work of a similar worm. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may surfer or incur on account ofthe Sellers breach of waranty. The Sa11a shall replace, repair err make goal!, without cast o the purchmeq any defaces or faults arising within one (I) year or within such longer period of time as may be proscribed by law or by the arms of any applicable warranty provided by the Seller after the date of acceptance ofNe goods famished hereunder (acceptance an, to be unreasonably delayed), resulting from imperfect or defective work drum or moanals famished by the Seller. Acceptance or we of goods by the Purchaser shall not owtimte a waiver of any claim under Nis warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all d merges proximately caused by the breach of any of the fen ,cm, x.,Orion or guarantees, bur such liability shall in no event include loss ofprofils or loss of we. NO IMPLIED WARRANTY OR MERC"riANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchna may make dark. al legal to. by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes m the terms, tither than legal toms, including additions to or deletions from the quantities originally ordered in @e specifications or drawings, by verbal or written change order If any such change affects the amount due Or the time of performance hereunder, an equitable O Swur an shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change oNet immune une this agreement as many or all prniom of the goods then not shipped, subject m any cap itable adjmtmem berwuen the panics as to any work or maarials then in pmgrese provided thm the Purchaser shall not he liable for any claims far anticipated profits oa the uruomplered portion of the goods andor work, for incidental or comospormal damages, and that no such adjustment be made in favor of the Seller with mspar many Scads which nor be Sellers standard stock. NO such Rmrinatinn shall relieve the Purchaser or the Seller ofany ofthew obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within du ry (30) days fmm the date the change or termination is ordered. 8. COMPLIANCE WITH LAN', The Seller wartans that it goods said hereands, shall have been produced said, delivered and famished in strict compliance with all applicable loots and regulation to which the goods am subject. The Seller shall execute and deliver such documents as may be required to effect in evidence compliance. All Was aM regulations rryuired in be incarnation nation in agreements of this character are hereby mumpooded harem by this reference. The Seller agrees to indemnify and hold Ne Purchaser hmmless fmm all costs and damages suffered by the Purchaser az a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither patty shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior wdvw consent of the the, an,, 10. TITLE. The Seller warrants full, clear and unrestricted may as fire Purchaser for all nluipment materials, and items fumshed in pecf ce of this ul approm L for and clear of any aid all liens, renriction. resew 1iom, sanity interest wcumbmnces and claims a f mhos. The Seller shall release the Pursuant and its complaints of any pier from all liability and claims of any nature resulting fmm the Formulance Of such work. tali, release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees ofmch party. The Sellers contractual obligations, including commonly, shall not be deemed to be reduced, in any way, because such work is performed or catered to be perfotmN by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covc'xd by letter, patent vademark or copyright, On Seller shall indemnify and save hmmless the Purchaser fmm any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the complct, and shall indemnify the Purchaser for any tun, expense err damage which it may be obliged to pay by rennin of such infringement at any time during lla prosecution or after the completion of the work. In ease said equipment, or any pm thereof or the amended use of the goods, is in such suit held m cormiwte infringement and the use of said egair—, or pan is enjoined, the Seller shall, at its own expense and err its oplion, either procure for the Purchaser the fight to continue using said ryuippo t or part, replace the same with sub tanlially equal but noninfiinging equipmrnt, or modify it.w it becomes ooninMnging. 15. INSOLVENCY. If the Sella shall become imoh'em or bankrupt, make an assignment for the benefit of cooditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of resins mail or the interpretation ofthe agreement and Ne rights ofall parties hereunder shall be command under and governed by the laws ofthe State ofColomdo, USA. The following Additional Conditions apply only in cases where live Seller u to perform work hereunder including Ne services of Sellers Repreeenm lass), on the premises o wahi 17: SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in e of any accident, destruction or injury to the work and/or materials before Shcels final completion and acceptance, complete the work at Saller's own expense and to the satisfaction apple Purchase. When matmms and egmpmenl are famished by olhers for installation of creation by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor w though such materials and/or equipment were being furnished by the Seller under Ne order. 18. INSURANCE. The Seller shall, err his axon expense, provide far the payment of workers compensation, including rccupatimul disease benefits, to its employees employed an m in ambeca . with the walk covered by this pumhase order. and/or m their dependents in accordance with fire laws of the .to in which the work is on be done. The Seller shall also carry comprehensive general liability including, but not limited to, contncmal and automobile public liability insnrzn¢ with lnNily injury and death limits of in lens, SAID,nop for any one penal. S500,000 for any " accident and property damage Until per accident of $400.000. The Seller shall likewise require his annctlars, if any, to provide fir such crmpensalion and it an e. Before y of the Sellers or his contractors employees shall do any work upon the premises of miters, the Seller shall famish the Purchaser with a cenificate Ill., such compensation and insurance have been provided. Such certificates shall specify he dam when such compensation and uncertain have been presided. Such cumificaes shall specify Ne date when such compensation .it insurance expires. The Seiler agrees Nan such wmpemarion and mompnee shall be maintained until after the "mire work is completed aM accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the .,it, responsibility and liability far any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or reaching from the execution of the work pmvided far in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purebmer and any r AI of the Purchaser officers, .gents and employees from and against any and all claims, losses, damages, charges or expenses, whether direr, or indirect and whether m persons or property I. which the purchaser may be put or subject by reason of any act action, neglect omission or defaul, on the part of 'he Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employess. In pose any suit or other proceedings shall be brought agaimt the Purcham, or its oRcers, agents or employees at any time on account err by reawn of any am. action, negiect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as of said, the Seller hereby agrees to assume the defense thereof and to defend the same a the Sellers own expense, m Pay any and all vests, chages, anomrys fees and other expenses, my and all judgments that maybe incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or said patties in or in a result of such suits or other proceedings, ,he Seller will or once came tire same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, formal and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to springy including but without limitation, the Occupational Safety and Halth Act of 1970 and all piles and reguiatiom issued pursuant thereto. Revised 07nO14