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HomeMy WebLinkAbout498349 BANNER CONCRETE - PURCHASE ORDER - 9145482Fort Collins Date: 09/22/2014 Vendor: 498349 BANNER CONCRETE 715 PETERSON ST FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9145482 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: ENGINEERING DIVISION CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS CO 80521 Delivery Date: 09/22/2014 Buver: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Pedestrain Planning & ADA WO #01-BAN-400903700-14 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 18,000.00 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. COMMERCIALDEfAILS. Tax exemptions. By amtem the City effort Collins is exempt from state and local taxes. Our Exemption Number is 11, NONWAIVER. 98-04502. Federal Excise Tax Exemption C'epific to of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance offie 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 remedies 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 ofthe design, shall not release the Seller of Good Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the wamenties or obligations of this parchese order and shall rot be deemed. waiver of any right of the damage in tremit, easy be returned to You far credit and are trot to be replaced except upon receipt of women purchaser to insist upon strict performance hereofor any of its rights or mndlw as to any such goods, regardless corrections from the City of Fort Collins. of when shipped, received or actepfed, as to any prior or spbuqurnt default hereunder, nor shall any patpuned oral modification or reuissim a of this purcbax order by the Purchaser ultimate as a waiver of any of the terns Inspection. GOODS arc subject to the City of ran Collins inspection on wrival. hereof. Final Acceptance. Receipt of the merchandise, sereice s or equipment in response to this order can . esult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of FortCollins. However, it is to be understood thatFINAL Seller and the Purchaser recognize that in actual economic pme, eticovercharges resulting room antitt ACCEPTANCE is dependent upon completion ofdl applicable required inspection prwedmos. violations are in fact home by the Purchaser. Theretofore fogood cause and as consideration for executing this purchase order, the Seller hereby assigns to be Purchaser any and all claims it may now have or hereafter Frei,ba Tam¢. Shipments must be F.O.B., City of fort Carlos, 700 Wood Sr, Fon Calins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular good or services otherwise specified an this mail. Upermission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase motor. bill most acccumme invoice. Additional cherees for packing will not be accepted. Shipment Distance. Where mare f corers have dis fibuting points in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipment, are made from greater distance. Permits_ Seller shall procure at sellers sole cast all mews, permits, certificates and lianas required by all applicable laws, ugulmimes, mdimnces and poles of the state, municipality, seamry or political subdivision where the work as performed, or acquired by any other duly constituted public authority having jurisdiction over the were of vendor. Seller prober agrees to held the City of Fiat Collins Iwmless fmm and against all liability and loss incurred by them by expand of an asserted or established violation of any such laws, regulations, ordinances, rates and requirements. Authorization. All parties to this contract agree that the representative, are, in fit, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein an foot and any supplemenrary d additional toms ad conditions annexed hereto or incogomted herein by now.". Any additional or diferennemu and conditions propoxd by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immdiately ifyou cannot make cormcm shipment to arrive on your promised delivery it.,, as noted. Time is of the essence. Delivery and performance most be en2eted within the time allied oa the purchase order and the documents attached hereto. No nets 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 remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall .1 be liable for damages as. result of delays due to causes not reawr:ably foreseeable which we beyond its reasoeuble control and without its fault of negligrnce, such sets of cod, acts of civil or military amlwrides, gmxtrummad import., Fires, strikes, flood, epidemics, wars or OR; provided that notice of the conditions cawing such delay, is given to the Purchaser within five (5) days of be time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall No extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, anldes, materials and work covered by this older will conform with applicable drawings, specificatiow, samples and/or other descriptions given, will be fit for the purposes intended, ad reallocated with the highest degree of care and competence in accordance with accepted stand ids for work of a similar naure. The Seller agrees to hold the purchaser harmless fmm any loss, damage or expose which the Pumhaur may sufferear incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defeeks or faults arising within one (1) year or within such longer period of time as may he prescribed by law or by the rams of any applicable warranty provided by the Seller after the date of weptance of the goad famished bereunder (aaeptana not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall nut constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proxlmarely caused by the breach of any of the fomgoing warramies or guaramees, but such liability shall in no event include loss of profits or loss of was. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the moon s, other than legal terms, including additions to or deleawas from the quantities originally ordered in the specifications or drawings, by variant or written change order. If any such change aRects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 5. TERMINATION v. rch The Purchaser may t any time by wa row change order, ow nian a this agreeme d as to any or ell paniuns of the goods then null shipped, subject to any equitable adjusment between the panne, as to any work or materials then in progress provided ram the Pural asp shall not be liable for any claims for anticipated profits on the uncompleted portion ofthe good and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with aspect m any goads which arc the Sellers standard stock. No such termination shall relieve the Purahow, or the Seller fany m Nei, obligations as a any goads directed hereunder, Z CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he pasomed within thin, (30) days fmm the date the change or mrmimpow is wheat 8. COMPLIANCE WITH LAW. The Seller warrants that all goads sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject The Seller shall ceemne and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be ncatp crated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify spit held the Purchaser hvmless fmm all masts and damn. suffixed by the Purchaser w a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall resign, attempt, or convey this order, or any monies due or to become due hereunder without the Error women consent ofthe other parry. 10. TITLE, The Seller warrants full, clear and unresmeted title to the Purchaser for all equipment materials, and items banished in perform a of Ibis agreement, face and clear of any and all liens, restrictions, reservations, wantonly imerest mmwdwAw w and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller m comul nonconforming or defective goods by a date to be imeed upon by the Purchaser and the Seller, and the Seller thereafter indicates its liability or unwillingness to comply, the Purchaser may car. the work to be performed by the most expeditious means available m it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its cpntraormix of any tin f all liability end claims of any .mare resulting fmm the perlmmance orsed, wed. This release shdl apply even in the ,at of fault of negligence of the relay released and shall extend to the directors, officers and employees ofsuch parry. The Sellers conowmal obligations, including warranty. shall not be, deemed to be reduced, in any way, because such work is perfurmeJ or caused to be performed by be Purchaser. 14. PATENTS. Whenever the Seller is acquired to sea any design, device, material or process covered by letter, patent, hadcmmk or copyright, the Seller shall indemnify aM save liar okee, also Purchaser fmm any and all claims for infringement by reason of the use of such marled design, device material or pr«ass in connection wide the contact. and shall indemnify the Purchaser for any cost expense or damage which it may be obliged no pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said ryulpme d, or any pan thereof or the intended use of the glad, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue wing said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it haomes noninRinging. 15, INSOLVENCY. If the Seller shal become irsohent or baetkrvpt make an assipmnent for the benefit of creditors, append a receiver or brsme for any of the Sellers reapply or business, this order may forthwith be canceled by the Purchaser without liability. 16, GOVERNING LAW. The definitiow of terns used or the interpretation ofthe agreement and the rights of all parries hereunder shot[ be emetrad under and governed by the Isws of the State of Colombo, USA. The following Additional Conditions apply only in taus where the Seller is or perform work hereunder, including the serita. of Senors Represenutiva(s), on the premises products. 17. SELLERS RESPONSIBILITY. The Seller shall carry an said work at Seller's own risk until the same is fully completed and accepted, and shall, in e of any accident, destmction or injury to the work orator materials before Sellers final completion and acceptance, complete the work al Sellers own expense and to the satisfaction of the Purchaser. When nationals and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become impalpable therefor as though such materials and/or equipment were being fiunhhed by the Seller under the cable. 18. INSURANCE. The Seller shall, at his own 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, and/or to their dependents in accordance with the laws of the stare in which the work is to be done. The Seller shall also cart, comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with 0.tlily injury and &sib limits of no least S300,000 for any one person, 550g000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such svmpeneamen and insurance. Before any of tot Sellers or his contractors employees shall do any work upon the premises of orders. the Seller shall famish the Purchazer with is cenifirate that such compensation end insurance have bees. provided. Such certificates dull specify the dam when such compenafion and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller curie Nat such compensation and insurance shall be maintained will liner the entire work is completed and accepted. 19. PRO I'ECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume the entire reetwumbilily➢nth liability for any end all damage, lass or injury of my kind or nature whatsoever to persons m property nosed by or resulting from the execution ofthe work provided Or in this purchase order m in correction herewith. The Seller will laboratory and hold lumsless fie Purchaser and any r all of the Purchasers officers, agents and employers fmm it against any and all claims, lasses, damages, charges or expenses, whether direct or idaxed. and whether as persons or propel ro which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pep of the Selleq any of his contractors, or any of the Sellers or contractors officers, agents or employees. In view any suit or other proceedings shall be, brought against be Pachaseq or its oRcers, agents or e.pfo ,,, at any time oa account or by mason of my act, action, neglect, omission or default of the Seller of any of his contractors or any of irs 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 Puy my and all cods, charges. ➢Itomeys fees and other espouses, any and all judgmens that may he incased by or obtained again' the Purehasct or any of its or their olfieces, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon ar obtained mains the property of the rummager, or said poppies ta or as is result of such Buis or be, proceedings, the Seller will at once cause the same a he dissolved and discharged by giving bond or otherwise. The Seller and his commcmrs shall take all safety precautions, Flemish and install all guards necessary for the prevention 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 poles and regulations issued pursuant thereto. Revised O7R014