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HomeMy WebLinkAbout498349 BANNER CONCRETE - PURCHASE ORDER - 9144803Fort Collins Date: 08/19/2014 Vendor: 498349 BANNER CONCRETE 715 PETERSON ST FORT COLLINS CO 80524 PURCHASE ORDER PO Number I Page 9144803 1 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 08/18/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price i Police Station Replace curb and gutter, flat work and drain pan per quote dated 7/31/14 and 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 9,350.00 Total 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from slate and local coxes. Our Exemption Number is 11. NON W AIVER. 98-04502, Federal Excise Tax Exemption Cenitteme of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26,114 (a). exercise any rights or comedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected GOODS REJECTED due an failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be retained to you for credit and are not to be replaced except upon receipt of woum purchaser to insist upon strict performance heeof or any of ils rights or remedies w to any such goods, regardless interactions from the Orly effort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported am] modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are object ro the City of Fort Collins inspection on moron, hereof. Final Acceptance. Receipt of the merchandise, service s or equipment in response to This order can r esult in 12. ASSIGNMENT OF ANTITRUST' CLAIMS. subjected poymcot on the pan of the City of FortCollins. However, it is to be understood thatFINAL Seller and the Purchaser recognize that in actual c ur is practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for 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 Freight Terms. Shipments must be F O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or .to antitrust laws for such overcharges relating W the Particular goads or services otherwise specified on this order, if permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase oNer. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have disladmang points in various pans of the country, shipment is If the Purchaser drivers the Seller to correct nonconforming or defective goods by a data to be agreed upon by the expected from the nearest distribution point m desurrame, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or anwlllit ess to comply, the Purchaser shipments are made from greater distance. may cause the work to be perfmned by the most expeditious means available of it, and the Seller shall pay all costs associated with such work. Permits, Sell,, shall procure at sellers sale call all necessary peconow, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the slate, municipality, territory or political subdivision where the work is perforated, or required by any other duly constituted public authority ba,ummiivdicom aver the work of vendor Seller further agrees m hold the City of Fort Collins harmless from and against sill liability and loss anincurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles d requiremene. Authorization. All parties In this contract came that the represenmtivn are, in fact, ban. tide and possess full and complete amharity to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions noted herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected a and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment or arrive on your promised delivery date se noted Time is of the essence. Delivery and performance most be infected within the time stated on the purchase order and the documents attached hereto. No one of the Purchases including, wihout Radiation, acceptance of phial 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 remedies, the option of placing this order elsewhere and balding the Seller liable far damages. Himisi , the Seller shall not be liable for damages as a mealt of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofnegligence, such rr6 of God, acts ofdvil or military authorities, governmental priumm es, fires, strikes, flood epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purehas,, within five (5) days of the time when the Seller first received knowledge thereof In the event or any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goads, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descdptimi given, will be fit for the purposes intended, ant performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from 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 call to the purchaser, any defects or faults arising within one (1) year or within such longer period of time m may be prescribed by Law or by the tams of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not onstlate a waiver of any claim under this warrant, Except n, 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 w'artanlies 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 Purchaser may make changes m legal terns by women change major. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quamnies originally ordered in the specifications or drawings, by verbal or written change order. If any such change affords the amount due or the time ofperrorreace hereander, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change maker, terminate this agreement as to any or all portions of the goods then not shippd, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of in, Seller with respect m any goods which are the Sellers standard stock. No such termination shall relieve the Purebow, a1 the Seller army of their obligations as to any goods delivered hereunder. J. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in stem compliance with all applicable laws and regulations 1, which the goads are 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 incorporated in agreements of this ebera der are hereby incorporated herein by this reference. The Seller agrees to Indemnity and hold the Purchaser htimless from all cwN and damages suffered by the Purchaser as . reach of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither any shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior wriden consent ofthe other party. ILL TITLE. The Seller warrants full, clear and umesrieted title m the Pwehaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, instructions, reservation,, security interest emcambrawa, and claims ofoticma. The Seller shall release the Purchase, and its contractors of any lier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, aRcers and employees ofsueh parry. The Seller's 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 Purchaser. 14, PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser ham any and all claims for infringement by reason of the use of such patented design, device, material or process in correction with the contract, and steal I 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 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 canstimte infringement and the use of said equipment or part 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 noninfnnging equipment, ar modify it s0 it becomes centrifuging. 15. INSOLVENCY. If the Seller shall become insolvent or bankmp, make an assignment for line benefit of creditors, appoint a revolver or harme for any of the Sellers stage, or business, this order may forthwith be canceled by the as Purcher without liability. I& GOVERNING LAW. The definition, of terms used or the interpretation of the agreement and the rights oral parties hereunder shall be cannoned under and governed by the laws of the Stale cf, Calomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work bereundem including the services of Sellers Represcrionve(d, on the premises of others. . . 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work ed Seller's own risk until the same is fully completed and accepted, and shall, in se of any accident, destruction or injury to the work and/or nutenals before Seller's final completion and wepti nee, complete the work at Seller's own experru and to the satisfaction of the Purchase, When contends and equipment are famished by others for installation or mar rion by the Seller, the Seller shall receive, =load, store and handle same at the site and became responsible therefor as though such materials amber equipment were being famished by the Seller carder the order... IS. INSURANCE. the Seller shall, at his .11, 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, -Tor to Their dependenor in accordance wish the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited te, cprourtual and automobile public liability coonerve with bodily injury and deatb limits car .1 least b300,000 far any one person E504000 for any e accident and property damage limit per accident of $400,000. The Seller shall likewise quire his ontmdoq if any, to provide for such compensation and insurance, Before any of the Sellers or his contractors employees shall d0 any work upon the premises of others, the Seller shall famish the Purchaser with o certificate that such compensation and Insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and amounts, expires. The Seller agrees that such compensation and insurance shall be monitored unlit after the entire wok is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby as es the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless he Purchaser and any cr all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, harges or expenses, whether direct or indirect, and whether to persons or property to which the Puachaer may be put or subject by reason of any act, action neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit on other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be 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 propedy order Purchase, o1 sold panics in or w a result of am b suits or other proceedings, the Seller will at once cause the same to be dowNed and discharged by giving bond or otherwise. The Seller and his contmetors shall take all safety precautions, famish and Install all guards necessary for the pfevenrion 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 rules and regulation, issued parsuent thereto. Revised 071d014