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HomeMy WebLinkAbout498349 BANNER CONCRETE - PURCHASE ORDER - 9145265Fort Collins Date: 09/11/2014 Vendor: 498349 BANNER CONCRETE 715 PETERSON ST FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9145265 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: TRANSFORT BUS FACILITY CITY OF FORT COLLINS 6570 PORTNER ROAD CITY OF FORT COLLINS CO 8052 Delivery Date: 09/11/2014 Buyer: JOHN STEPHEN Note Line Description Quantity UOM Unit Price Extended Ordered Price Bus Stop Improvements 1 LOT LS 19,765.00 5317/FY 2012 PER WORK ORDER DATED 9-10-14 Total $19,765.00 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 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 stall and local taxes. Our Exemption Number is 11. NONWANER, 98-04502. Federal Excise Tax Exemplion Certificate of Registry 84-6000589 is registered with the Collector of Failure of the Purchaser 10 insist upon strict performance of the terms and conditions hemof, failure or delay to Iftemal Revenue, Drover, Colorado (Ref. Colorado Revised Sutures 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 is breach, me acceptance of or payment for goods hereunder or approval writhe design, shall not release the Seller of Goods Rejected. GOODS RFJECI'ED due to failure to meet specifications, either whim 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 retuned to you for credit and arc not to be replaced except upon receipt of written purehacer in insist upon strict performance hereinto any of its rights or remedies as to any such goods, regardless msmuctlons from the City of Fort Collins. of when shipped, received or accepted, to to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purehaw order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS ate subject to the City of Fort Collins inspection as consul. hermf. Final Acceptance. Receipt of the merchandise, services or equipment in response to this older ran result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, authorized payinew m the pan of the City of Fan Collins. However, it is to be understood that FINAL Seller and me Purchaser mr reae that in mural economic practice, overcharges resulting from antitrust ACCEPTANCE isdr,ademo,oricomplelion ofall applicable required inspection procedures. violations are in fact home by Me Purchases. Thcrctome, for good caw and as consideration for executing this purchase order, the Seller hereby assigns to Me Purchaser, any and all claims it may now have or hereafter Freight Tents. Shipments mast be F.O.D., City of Pon Collins, q0o Wood St, Fon Collins, CO 80522, unless acquired under federal or sure antitrust laws for such overcharges rclming to the particular goad or services otherwise specified on this older. If permission a given to propay freight and charge supamterY, the original freight purchased or acquired by the Purchaser parstmnt to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS, Shipment Dishomm. Where manufacturers have distributing points in carious Plans of the country, shipment is firms, purchaserdirer, the Seller ro fUrecl mmmnfmmingerr, defective good by a date to be agreed upon by the expected form the marest distribution Point to destitution, and exec freight will be deducted from Imoim when purchaser and the Seller, and the Seller mereaaa indimtes its inability or unwillingness to comply, the Purchaser shipments are made from greater disunce. may cause the work to be performed by the most expeditions means available an it, and me Seller shall Pay all costs answunt with such work. Permiu. Seller shall domain, at sellers sole cost all necessary permits, wrtincatn and licenses required by all applicable laws, regulmimts, w( iamces and roles of me sure, municipally, territory or political subdivision where The Seller shall reltaw the Purchaser and its contusions of any tier fun all liability and claims of any nature Me work is performed, or requiml by any other duly monitored public authority having jurisdiction over Me work resulting form the perfomwce ofsuch work_ of vendor. Sella funkier agrees to hold the City of Tom Collins hatmless form and against all liability and loss incurred by them by reason of an assumed or established violation of any such Wes, regulations, ordinances, roles This releaw shall apply een in the rman or fault of negligence of Me party released and shah extend m Me and requirements. directors, officers and employees of such party. Aathodmtion. All parties to this cannot agrte that the expmsenutives am, in fall, W. tide and possess full and complete authony an bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the term and conditions stated herein set foath and any supplementary or additional terns and conditions annexed hereto or irmorpammd herein by reference. Any additional or different rams and conditions pmpased by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately firm cannot make complete shipment to arrive on your promised delivery date as poled. lime is of the essence. DrI,very and pert arrnre muses be Rated within 'he lime stated on the purchase order and the documents attached hmtu. No acu of the Purchasers including, without limiation, acceptance of partial line 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 mmcelms, the option of plaring this order elsewhere and holding the Seller liable for damages. However, the Sella shall nor be liable for damages as a result of delays due to tames not reasonably foreseeable which art beyond its reasonable control and without its fault of negligence, such acts of Gad, arts ofcivil or military authorities, gavemmentcl primilies, fires, strikes. flood, epidemics. wars or hors provided that notice of the conditions causing mch delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof, In the event of any such delay, the dam of delivery shall be exlmmN for the period clod to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, anicles, materials and work cm'ered by this older will conform with applicable drawings, specifications, samples nnd'or other descriptions given, will be fit for the purposes intended, and perfomed with the highest degree of care and compeo nce in accorad nce with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser harmless from any lass, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wanamy. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longef pwind of time us may be prescribed by law or by the terns of any applicable womanly provided by the Seller after the date of acceptance ofthe good famished hereunder (acceptance not to be memorably delayed), resulting from imperf t or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not omrlmte a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, me Sellers liability hereunder shall extend ro 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 Profits or loss or use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. •• 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tams by written change ondrf. 5. CHANGES IN COMMERCIAL TERMS. The I'mila , may make any changes to the mmu, other thin legal terms, including additions to or delc ions flow Me quantities originally ordered in the specifications or drawings, by verbal or written change order If any such change affects the amount due or the time ofpaformance hereunder, on equitable adjustment shall ha made. 6.1FERMINATIONS. The Puschamf may at any time by written change .,it,, termimm this ngp awn as m any or all portions of me pawls men Out shippul, subjccrao may equitable adjmtmem between the pmias ss m any work or materials turn in progicas provided that the Purchaser shall Out be liable for any claims for anticipated profits on the waomplered portion of the goods andrm work, fw incidental or smaequemial damages, and that no such adjustment be made in favor of the Sella with respect to my goods which cone the Sellers standard track. No such termination shall reline the Purchaser or the Seller of any oftheif obligations ss to any goods delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for adjusment must be word within thirty (30) days from the date Me change or tamimtion is ordered 8. COMPLIANCE WITH LAW. The Seller wamnts But all goods sold hereunder shall base been produced, sold, delivered and famished in Now compliance with all applicable laws and regulations to which the goals art subject The Sella 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 character air hereby incorporated harem by Nis reference. The Seller agrees b indemnify and hold the Purchase( hvmless from all osts and damages suffered by the Purchaser as a recall of the Sellers failure la comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or my monies due or to become due hereunder without me prior wriuen consent ofthe other party. I o. TITLE. The Sella warrants full, clear and umesuiaed title to the Purehasa for all equipment, materials, and items furnished in Performance of this agreement, face and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of ethers. The Sella's contractual obligations, including warranty, shall nor be deemed to be reduced, in any way, because such work is performed! or caused to be performed by me Purchases. 14. PATENS. Whenever the Seller is required to use any design, device, material or process covered by lariat, patent, trademark or copyright, me Sella shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of me use of such patented design, device, material or process in connection with the contract, and shall indemniy the Purchaser for any cost, expense or damage which it may he obliged to pay by reason of mch infringement at any time during the prosecution or after the completion of the work. In care said equipment, or any pm thereof or the intended use of the good, is in such suit held m constitute infringement and the one of said equipment or Part is enjoined, the Sella shall, an its own expense and at its option, rather procure for the Porbaser the right an continue using said equipment or tuns, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a mi Or trustee for any of me Sellers property or business, this order may fcnhwith be canceled by the Purchase, without liability. I& GOVERNMG LAW. The definitions of terms used or me interpretation of the agreement and the rights of all parties hereunder shall he construed under and governed by the laws of Me State wColomde, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represenative(s), on the premises ofothers 19. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the some is fully completed and accepted, lad shall, in se of any accident, destruction or injury to the work anal materials before Setters Trial completion and cm"mce, complete the work at Sellers awn expose and to the smisfictlon of the Purchaser. When materials and equipment are banished by others for wordlation or erection by the Seller, the Sella shall reccivr, unload, store and handle same at the site and become responsible frrefor as though such materials an&or quipmmt were being fumisht by the Sella under the order. IS. INSURANCE. The Seller shall, at his own expense, provide for the payment cf workm compensation, including occupational diswo benefis, to its employees employed on or in connection with the work crowed by cis purchase order, and/or a Man dependents in accordance with me laws of the state in which me work is to he done. The Seller shall also carry mmprehessive gmeml habiliy including. but not limited W. wntractual and automobile public liability insurance wild bodily lWaY and death limits of at least S300,000 for any one Recruit, S500,000 for any me accident and property damage limit per accident of S400,000. The Seller shall likewise require his mntruaors. Worry, to provide fur such compensation and insurance. From any of the Sellers or his contractors employees shall do any walk upon me premises of others, the Seller sholl famish the Purchaserwith a certitiote that such Compensation and insurance have been provided. Such certificates shall specify tM date when such compensation and insurance have been provided. Such certificates shall specify the dam when such compensation and insurance expires. The Sella jera Nat such ..,.it. and hsmmnce shall be, maintaint mail after Ne entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assoma me entire rea mosibiliry turd liability for any and all damage, loss or injury of my kind mtme whatwevcr ro persons or property, roused by or resulting from Me axecmion ofine walk provided far in Nis purchase order or M consortium herewim. The Sella will mornatify led hold homeless the Purchaser and any or all of the Purchasers officm, agents and employees from not against any and all claims, Imes, damages, Charge, or expenses, whether direct or indirect, and whether to persons or proper, to which me Purchaser may, be put or subject by reason of any act, action, neglect, omission or default on the pm of the Sella, any of his comments, or any of me Sellers or comments officers, agents or employees. In case my suit or other proceedings shall be brought against me Pashas, or its officers, agents or employees at any time on =count ar by Olson of any awl, action, neglect, omission or default of the Sella of any of his contractors m any of its or Men officers, cm, agents or employees as aforesaid, Me Sella hereby agrees to assume me defense thereof and to defend me same at the Sellers own expense, m pay my and all casts, charges, attorneys fees and other expenses, can, and all judgmmu quit may be incurred by or ancient against the Purchaser or any of its or their oMr., agents or employees in such suits or other prac adurp, and in caw judgment or once lien be placed upon or obtained againal the property ofthe Purchaser, or mid pmica in or as a result winch suits or other proceedings, Me Seller will at care cause me same in be dissolved and Mschargrd by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, fiunish and install all grand necessary for the prevention of accidents, comply with all laws and antiabortion, with regard to safety including, but wuhaw limitation, me Occupational Safety and Health Act of 1970 and all ales and regulations issued pursuanl Marietta. Revised 072014