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HomeMy WebLinkAbout498349 BANNER CONCRETE - PURCHASE ORDER - 3214052 (2)Fort Collins Date: 09/17/2014 Vendor: 498349 BANNER CONCRETE 715 PETERSON ST FORT COLLI NS' CO 80524 PURCHASE ORDER PO Number Page 3214052 10f2 This number must appear on all invoices, packing sli s and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 09/17/2014 Buyer: PAT JOHNSON Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 2 Addendum to add additional funds per req 48098 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@fogov.com 1 LOT LS 30,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By smash, the City of Fan Collins u exempt from sure and local taxes. Can Exemption Number is 11. NON WAIVER. 98-01,1502. Federal Excise Tax Exemption Cmifirme of Registry 84 6000587 is mgiomed with me Cereals of Failure of the Puahastt to ins¢t upon strict pamorrearce of the umn and conditions hereof, failure or delay to Internal Revenue. Denver, Colorado (Ref Colorado Raised Sumter 1923, 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 mceptmce, of or payment for goods hereunder an approval ofine design, shall rest release, the Seller of Goods Rejected. GOODS REJECTED due to failure m meet specifications, either when shipped or due to defects of any of the we racques or obligations of this purchase order end shall not be downed a waiver of any right of the damage in transit, may M resumed to you for credit and ate not to be replaced except upon Re upd of written purchase, to insist upon strict performance hamofm any of its rights or remedies as to any such Bond, regardless instructions from the City of Fort Collins, of when shipped, served or accepted, ns many prior or subsequent default bereuvda, nor shall any pmpnred will modification or rescission of this purchase order by the Purchaser operate as is waiver of any of the lertna Imitation. GOODS are subject m ON City of Fort Collins inspection on omval, hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order canresult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. au errized payment on the pan of the City of Fan Collins. However, u us o be understood chatFINAL Seller and the Purchaser recognize that in actual economic practice, o ercharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection proxedwea violations am in her home by the Purchaser, namefiore for good came and as consideration for executing this purchase ndeu the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipment must be F.O.B., City of Too Collins, 900 Wood St, Fort Collins, CO 80522, unless acquired under federal or stare own=( laws for such overcharges relating to the particular good or services mhavvia specified on this order If permission is given re prepay freight and charge separately, the original freight purchased or acquired by the Purchaser Formula to this purchase order. bill must accompany invoice. Additional charges for packing will not be warned. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Diumer. Where monsfacmers have distributing points in various puns of the country, shipment is If the Purchaser directs me Seller to corers nonconforming or defective good by a date to be agreed upon by me expected from the nearest distribution point to destruction, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicate its inability or unwillingness to comply, me Purchaser shipment am made from greater distance. may ra. the work m be performed by the mast expeditions means available to it, and the Seller shall pay all casts associated with such work Permit. Sella shall procure at sellers .to cost all necessary perms, cenificma and licrnsa required by all applicable laws, regulations, ordialwas and roles of the scale, municipality, territory or political subdivision whom The Seller shall release, the Purchaser and it contractors of any tier form all liability and claims of any warm the work is performed, or required by any other duly constimmd public authority having jurisdiction over the work resulting fmm the performance ofsuch work. of voodoo. Sella fuller, agrees to hold the City of run Collins harmless form said against all liability and loss mourned by them by reaswn of an asssened or established violation of any such laws, regulations, wilirmnces, roles This all. shall apply even in the event of fault of negligence of the party released and shill extend to the and commercials. directors, effect and employees ofsach party. Authorization. All parties to this contract agree that the representatives arc, in fact bona fide and possess full and The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because complete authority to bind said ponies, such work is performed or cat rt m be performed by me Purchaser. LIMITA]'ION OF TERMS, This Purchase Order expressly limit acceptance m the toms and conditions sated herein set four, 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 to and herehy rejected. 2. DELIVERY. PLEASE ADVISE. PURCHASING AGENT immediately ifyou cannot make mmplem shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and pall maure must be effected within the time stated on the purchase order and the document attached hereto. No act of the Purchaser including, without limitation, weeptunce ofpartlal late deliveries, shall operate res a waiver of this prevision. In the event orally delay, the Purchaser shall have, in addition to other legal and equitable coon s, the option ofplacing this order elsewhere and holding the Sella liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable comml and wimom it fault of negligence, such act ofGwk act orcivil or military authearies, grecmmenal priorities, farts, states. flood epidemics, wars or riot provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Sella first received knowledge thereof. In the event of any such delay, she dam of delivery shall be extended for the period equal to the ate actually lost by awn of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples anchor other descriptions given, will be fit for the purposes intended, and Performed with the highest degree of care and compromise in accordance with accepted standards for work of a similar suture. The Seller agrees to hold the purchaser hatless from any lass, 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 to the purchaser, any defects or fault arising within one (1) year or within such longer period of time as may be prescribed by law or by the toms of any applicable warranty provided by the Seller a0er the date of acceptance ofshe mob fumished hereunder (acceptance not m be unreasonably delayed), resulting form imperfect or defective work done or materials f ished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver of any claim under this warmnry. 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 shill in an event include loss of prefix or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY, 4. CHANGES IN LEGAL TERMS. The Pumhutt may make changes to legal teat by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terra, other, man legal ream, including wi itions to or dele ions !rem the quantities originally ordered in the Wounfcations or drawings, by verbal or written change order. If any such change ailed the amount due or the him, ofoaformmea hmunder, an equitable wjismml shall be, made. 6. TERMINATIONS. The Purchaser may at any time by written change order, lacrimal. his .,mornem m to any or all portions of the goods then not slipped, subject to any equitable adjmtmem between the ponies as 10 any work or materials men in progress provided that the Purchase, shall not be liable for any claims for anticipated profits on the uncompleted portion of the goad nnd/or work for incidental or consequential damages, and that now such adjustment be made in fawn of the Seller with respect to any, good which am the Sellers standard clock. No such atinatian shall eel irve the Purchaser or the Seller of any of their obligations as to any grad delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or nomination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and fumished in strict compliance with all applicable laws and regulations or which da, goals are subject The Seller shall exame and deliver such d armmu as may be terminal to 'Wert or evidence compliance. All laws and regulmom required to be incorporated in agreement of this character are hereby mad ousted herein by this reference. The Sella agrees to indemnify and hold to Flavorsome hatless form all rods and damages suffered by me Purchaser as a result of the Sellers failure to comply with such taw. 9. ASSIGNMENT. Neither pang shall assign, transfer, or convey this order, or any monies due or to become due hereunder without me Prior wrincn consent ofee other parry. 10. TITLE, The Seller wpmnt full, clew and mrestriaed rifle w me Purchaser for all equipment, materials, and items burnished in performance of this agreement, five and clear of my and all liens, restrictions, reservations, security interest encumbrances and claims of others. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by liner, patent, trademark or copyright the Seller shot[ indemnify and save brimless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnity the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such inGngement at any time during the policemen or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the good, is in such suit held to cowtimte infringement and the we of said equipment or pan is joined, the Sella shall, at it own rxperue and at it option, either procure for the Purehaser the right to continue owing said equipment or pans, replace the same with substentially equal but noninfringing equipment, or modify it so it becomes noninfiinging. 15. INSOLVENCY. If the Setter shall become imolvem or barristers. mats on actigmnent far the benefit of meditors, mp d w is reservoir as trasnee far any of she Sellers proprrty or business, this racer may foMwilh be conceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftems used or the interpretation of the agreement and the right of all parties hereunder shall be commoed under and governed by the laws ofee State of Colorado, USA. The following Additional Conditions apply only in cases where the Sella is to perform work hereunder. including me services of Seller Rowasentativas), on the premises orations. 17, SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in use of any accident, destruction or injury to the work anchor materials before Seller's find completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment we fumished by others for installation or auction by the Seller, the Seller shall receive. unload, store and handle same at the site and baome responsible therefor as though such commds and/or equipment were being fumthed by the Seller undo the order. 18, INSURANCE. The Seller that. m his own expense, provide far the payment of waken compensmiaa including oe mariarml disease benefit, to it employees employed on or in coma,ction with the work covered by this purchase order, anchor to their dependent in xcwrdmce with the laws of the sum in which the work is in be done. The Sella shall also carry comprehensive general liability including, but nor limited to, announced and amomobile public liability insurance with bodily injury and death limits of as least 5300.000 for any one Person, 5500,000 for any one accident and property damage limit per accident of 5400,000. The Sella shall likewise require his many, to provide for such compensation and insurance. Before say of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate that such comparsation and insurance have been provided. Such crnificmes shall specify the date when such compensation and insurance have been provided. Such cenifeutm shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maimuined Will after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the ,mire 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 ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hatless the Purchaser and any r all of the Purchasers officers, agent and employees fmm and against any and all claims losses, damages, charges or expenses, whether direct or indirect, and whether to peesom or property to which the Purchaser may be put or subject by reason of any act, action, neglat omission or default an the pan of me Sella, any of his contractors, in any of the Sellers or contractors officers, agents in employees. In eau my suit or other proceedings shall be bmughl.,war me Purchaser, or it afir., agent or employees.1 any time an account or by reawn of any owl, action, neglect, omission or default of the Sella of any of his examactors or any of it or mein oMo.. agent or employees as aforesaid, the Seller hereby agrees to assume the defame thereof and to defend the same at mar Sellers own expense, m pay my and all cost, charges, Wool as and other expenses, any and all judgment mat may be incurred by m ermined egoist ma, Purchaser or my of it or their officers, agents or employees m such suit or other proceedings, and in case judgment or offer lien be, placed upon of insured against thc propMY of the Pri chaaa, or said From, in or m a result of such suit or other proceedings, me Seller will at once caeca the more to be dissolved and discharged by giving bond a otherwise. The Sella and his contractors shall take all safety precautions, famish and instill all guard necessary for me preventim of accident, comply with all laws and regulation, with regard 1a safety including, but wimom limitation, me Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant themo. Revised O7R014