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HomeMy WebLinkAbout498349 BANNER CONCRETE - PURCHASE ORDER - 9145480Fort Collins PURCHASE ORDER PO Number Page 9145480 1of2 This number must appear on all invoices, packing sli s and labels. Date: 09/22/2014 Vendor: 498349 Ship To: COLLINDALE GOLF COURSE BANNER CONCRETE CITY OF FORT COLLINS 715 PETERSON ST 1441 E HORSETOOTH RD FORT COLLINS CO 80524 FORT COLLINS CO 80526 Delivery Date: 09/22/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Quote Dated 9/11/14 1 LOT LS 5,000.00 Per Work Order dated 9-15-14 900 SQFT Asphalt Demo 900 SQFT 5" Concrete Flatwork 20 LF Sawcut Asphalt 9 Tons Compacted Crushed Concrete Road Base 13 Yards Fibermesh 2 Quote Dated 9/11/14 1 LOT LS 1,798.65 Concrete 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 $6.798.65 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 For Collins is exempt from state and local taxes. Our Exemption Number is H.NONWAIVER. 98-04502, Federal Excise 1'ux Exemption Cmificala of Registry 84-6tro0587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay m Intemol Revenue, Deaver, Colorado Her Colorado Revised Statutes 1993, 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 of or payment for go As hereunder or approval ofthe design, shall not release the Seller of Goods R jectd. GOODS REJECTED due to failure to mad specifications, either when shipped or due to defects of any of the warranties or obligation of this purchase order and shall not bei deemed a waiver of any right of the damage in mnsk, carry be retnmad m you for credit and are rot to be replaced except upon receipt of wrium purchaser to insist upon stria performance haeofor any after rights or remedies as to any such goods, regardless corrections firm the City offer Collins. ofwhen shipped, raeived or accepted, n to any prior or subsequent default hereunder, nor shall any purpaned oral modification or rescission of this purchue enter by the purchaser opmte as a waiver of my of the terms Inpeeion. GOODS ere subject to the City of For Collins inspection on actual. horror. Final Acceptance. Receipt of the memhaodhe, ,an. or equipment in response to this mder can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of For Collins. However, it is to ha understood that FINAL Seller and the Purchaser recognize that in actual economic prunim, overcharges resulting farm melihust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in tact home by the Purchaser. Theremfore,for good cause and as consideration for extent ng this purchase oMe,, the Seller hereby assigns to he purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of For Collins, 700 Wood St, For Collins, CO 80522, unless acquired under federal or state mortis, la. for such overcharges mitring to the particular goods or services otherwise specified on this order. Upermission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser ...a, or this purchase order. bill must accompany invoice. Additional charges for Finding will out be accryred. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Whim mninfintuers have distributing nours% vanen pars of the country, shipment is If the purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the expected tram the nearest distribution noun to dmrinstion, and excess freight will be deducted from Invoice when Purchaser and %e Seller, and the Seller thereafter indicates its hmbiliry or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work m be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all native, permits, certificates and licenses required by all applicable laws, regulations, ordinances and tales of the state, municipality, tenimry or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller fonher agrees m Mid foe City of For Collins M1mmless from and against all liability and loss ncunnd by them by remain of an asserted or established violation of any such laws, regulation, on icaeres, miles and calmoments. Authorization. All ponies to this conduct agree that the representatives ate, in foot, bona fide and possess full and complete authority to bind said parries. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance 1. the terms and conditions stated herein set forth and any supplementary or additional tears and conditions annexed hereto or incoporated herein by reference. Any additional or stammer tears and conditions proposed by seller are objected m and hereby rejaned. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedlaely if you cannot make complete shipment m arrive on your premised delivery date as noted. Time is of the estate. Delivery aM perfomamm mar be eRated within the time sound on the purehau order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance organist late deliveries, shall opemm as is waiver ofthis provision. In the event ofany delay, the purchaser shall have in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding he Seller liable her damages. However the Seller shall rock be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control unit without its fault of negligence, such acts of God, sea of civil or military anomalies, gevemmental priorities, fires, strikes, flood, epidemics, wars or dots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first noticed knowledge therm( In the event of any such delay, the date of delivery shall be extended for the period equal to the rime f molly lost by reason of the delay. 3. WARRANTY. The Sella warrants that all goods, articles, materials and weak covered by this order will conform with applicable drawings, specification, temples tanker other description given, will be fit for the pmposcs intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a 'miler 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 wammy. The Seller shall replace, repair or make good, without cost to the purchase, any defects or faults arising within one (1) year or wiW n such longer period of time n may be prescribid by law or by the to. ofmy applicable wamnry provided by the Sella after the date of acceptance of the goods famished MreurNer (acceptance not to be unreasonably delayed), reaching from imperfect or determine work done or materials fished by the Sella. Acceptance or use of goad by the, Purchaser shall act eus once a waiver of any claim under this wamnty. Except us otherwise pmided in this purchase order, the Seller liability hereunder shall extend or all damages pmximamly muttd by the breach of any of the foregoing warranties 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 to legal corms by wham change oNer 5. CHANGES IN COMMERCIAL TERMS. The Purchowe may make any changes m the team, oNer than legal temp, including additions an or deletions from the quantities originally ordered in the specifications or drawings, by verbal or women change oNer. If any such change affects the amount due or the have ofperfomarm hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by written ch:mge order, terminate fix agree eta as to any or all potions (it the goods fen not shipped, subject o any equitable adjustment between the parties as to any work of materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on foe uncompleted portion of the good carbon work, for incidental or consequential damages, and that no such adjustment be made in favor of fe Seller with respect to any goods which sm the Seflas standard stork. No such rermireation shall relieve the Purchaser or fe Seller of my ofthetr obligation as to any good delivmd reminder. f. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from foe date the change or lamination is ordered. 8. COMPLIANCE WITH LAW, The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and inrushes! in unct compliance whir all applicable laws and regulation to which foe goads art subject. The Seller shall execute and deliver such documents at may he required to effect or evidence compliance. All laws and regulation "chat to be, incorporated in agreements of this mho ae er arc thereby incorporated herein by this reference- The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages tethered by be Purchaser n a mull of foe Seller failure to comply with such law. 9. ASSIGNMENT. Neither party shall nsign, transfer, or convey this order, or any monies due or to become due hereunder without the prior wrinco consent of the other party. 10. TITLE. The Seller wamnts full, clear and mresmchd title m the Purchaser for all equipment, matenah, and item f ishd in parficarecomes, of this agreement flee and clear of any and all lien, restrictions, reservations, saunry increst rneumbmnces and claims ofothers. The Seller shall release the Purchaser and its contmcmrs of any her from all liability and claims of any tmmre resulting from the performance ofsuch work. This release shall apply even in foe aair of fault of negligence of the party released and shall extend to the dbectom. oRcm and employees Crouch party. The Sellers contactual obligaunns, including wamnry, shall not be deemed Co be medical in any way, Isecane such work is pafomed or caused to be performed by the Purchaser. 14. PAT EN I S. Whenever the Sella is required muse any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser farm any and all claims for infringement by reason of the vie of such pounded design, device, material or process in connection with the conduct and shall ink arify the Purchaser for any cost e.apense or damage which it duty M obliged to Pay by taken ofsuch inducement at my time dung de, presumption or after dre 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 cous vies, %Gmgment and the use of said equipment or pan is cnjomd, the Seller shall, at its on expense and at its option, el%a procure for the Purehner the right to continue rising said equipment or pars, replace the same with substantially alwl but noninGrnging equipment, or modify it so it becomes noninGnging. 15. INSOLVENCY. If the Seller shall become insolvent or bank.,,, nuke an usignmem for the better, of Creditors, appoint a or trustee for any of the Sellers papery or bnlness, this under may forthwith be canceled by the Pmchaxr without liability. 16. GOVERNING LAW. The definition ofterrm used or the interpretation ofdre agreement and the rights of all parries hereunder shall be causwed under and gavmed by the laws of the Sum of Colorado, USA. The following Additional Conditions apply only in where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on the epremiscs archers, 17. SELLERS RESPONSIBILITY. The Seller shall curry on said work at Series own risk until the same is fully completed and accepted, and shall, ase of any accident destruction or injury m the work major materols before Sellers final cout leion and oreci unu, complete the woke i, Sellers own expense and to the saklawfion of the Purchases. When rremnah and equipment art furnand by others for insulation or erection by the Sella, the Sella shall receive, unload, stem and handle same at the site and become responsible therefor as though such mmeiah .Nor equipment war being fumishd by the Seller under the order. I S. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compensation, including occupational dueaso bene0ts, to its employers employed on or in connection with the work covered by this yumose order, anther he their dependents in accordmc, with the laws of the state in which the work is to the done The Seller shall also many comprehensive gratin liability including, but not limited to. Conmcmal and automobile public liability insurance wtri bodily injury and dealt limits of at lean S300,OW for any one person, 5500,000 for any am accident and pmpary damage limit per accident of 540ift". The Seller shall likewise require his contractors, many, to provide for such compensation and Commerce. erce. Before my et foe Sellers or his contnazmrs employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such cerflicares shall specify the time when .ch ompetsation and insurance have been provided. Such econficme, shall specify the date when such cony aualion and insurance expires. The Sella agrees that such compensation and insurance shall be maintained until after the entire week u completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby ass tam the more mponibifiry and liability for any and all damage, loss or injury ofany kind or rwmre whauoeserto persons or property, caused by or resulting from the execution of the work provided for in this pureham oNer or in connection herewith. The Seller will indemnify and bold handless the Purchaser and any or all of the Pumhmers officer. agents and employees from and apical any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be at or subject by reason of any act, odion, neglect, omission or default on the par of the Seller, any of his contractors, or any of the Sellers or Commemrs officers, agents or employees. In case any suit or other proceedings shall be brought against the Purehner, or its otficens, agents or employees at any time on account or by reason of nay acl, action, neglect, omission or deffult of the Sella of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Sella herby agates to assume the defense therm(and to defend the same m the Sellers own expense, to pay any and all cos., charges, mmme5s fees and miser expenses, any anal all judgments that may be ituumd by or obtained spirit foe Purchaser or any of its or their officer, agents or employees in such suits or other proceedings, and in woe judgment or other lien be placed upon or obtained against the property of the Purehner, or said parties in or as a result ofsuch suits or other proceedings, the Seller will an once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller end his contractors shall take all safety precaution, famish and install all grad necessary for the prevention of accidents, comply with all laws and regulation with ream to safety including, but without limitation, the Occupational Safety and Heal%Act of I970 and all tales and regulations issued Ir., therein. Revised 07n014