HomeMy WebLinkAbout498349 BANNER CONCRETE - PURCHASE ORDER - 9145483Fort Collins
Date: 09/22/2014
Vendor: 498349
BANNER CONCRETE
715 PETERSON ST
FORT COLLINS CO 80524
PURCHASE ORDER
PO Number Page
9145483 left
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 Pricc
Pedestrain Planning & ADA
WO #02-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
28, 500.00
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 Collin is exempt fmm state and local axes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Caifcate of Registry 84 6000587 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref, Colorado Revised S®tutes 1993, Chapter 39-26, 114 (a).
Good Rejectd. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in transit, may be reamed to you for credit and are not to be replaced except upon receipt of written
instmetions from the City of Fort Collins.
Inspection. GOODS are subject of He City of Fort Collins inspection on mrival.
Final Affamner. Receipt of the merchandise, son equ
ipment uipment in response to this order can result in
authorized payment on the pan of the City of Foe Collins. However. it is ro be understand] that FINAL
ACCEPTANCE is dope rde nt upon completion of all applicable required inspection procedures.
Freight Terns. Shipments most be F.O.B., City of Fon Collins, 700 Wood St, Too Collins, CO 80522, unless
othewise specified on this oMe,. If permission is given to prepay freight am charge mparamly, the original freigh,
bill most accompany invoice. Additional charges for packing will not be weepred.
Shipment Distance. Where manufacturers have distributing Points in serious pans of the country, shipment is
expected from the nearest distribution Point to destination, and excess freight will be deducted fmm Invoice when
shipments are made from greater distance.
Penaux Seller shall procure at sellers to cast all fia,mary Fermis, cenifato and licenses required by all
applicable laws, regulations, ordinances and rates of the slate, municipality, temtory or political subdivision where
the work is paRommed, or required by any other duly constituted public achonry havingjuddiaian use, the work
of vendor. Seller lumber agrees to hold the City of Fan Collins hanmless from and against all liability and loss
incurred by than by reason of an wasend or ¢ablahed violation army such laws, regulations, ordination, rules
and requiranenb.
Authorization, All ponies to this contract agree Oat the opomwi urism are, in fact, bona fide and possess full and
amplde authony as, bind mid pain.
LIMITATION OF TERMS This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set forth and any supplementary of additional terms and conditions annexed herein or incorporated herein by
reference. Any additions[ or diR err terms and conditions propound by seller art objected m and hereby rtjald.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you amm make complete shipment 10 arrive on your
Promised delivery dte or oohed. Time is of the essence. Delivery and performance must this cohered within the dime
soled on the purchase maker and the documents attached hereto. No was of the Purchasers including, without,
limitation, acceptance of partial late deliveries, shall operate as, a waiver of this provision. In the event of any delsy,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of,mema this order elsewhere
and holding the Soler liable for damages. However, the Sella shah not be, fable ism damages of a recub of delays
due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of magi igence,
such acts of God, ants ofcivil or military aurowhies, governmental priorities, fares, strikes, Ilomd, epidemics, wars or
riots provided for notice of the conditions caning such delay is given 10 the Purchaxa within fax (5) days of dmc
time when the Seller first received knowledge thereof. In the event of 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 Our all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples andmor other descriptions given, will be fit for the pOpoaes intended, and
performd with the highest degree of are and mmperence in azcordmce with accepted sundrds fan work of a
similar rumre. The Seller agrees O hold time purchaser harmless from my loss, damage or ca moo, which the
Purchaser may mObr or incur on account of the Sellers breach of wananry. The Seller shall replace, repair or make
good, without cast to the purchaser, my defects or faults arising within one (1) year or within such longer period of
not, as may be proscribed by law or by the manes of my applicable warranty pmvided by the Seller moor the dam of
acceptance of the goods famished hereunder (acceptance not to be unrammbly delayW), resulting from imperfect
or defective work dune or rommals famished by the Seller. Acceptance or use of goods by the Purchaser shall not
ondlnte a waiver of my claim under this warranty. Except s mherwise 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 shall in no event include loss of profits or lass 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 moms by written change order.
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the temss, other than legal terms, including additions to or deletions fmm
the quantities originally ordered in he Iscibcatimu or drawing} by verbal or written change order. If any such
change adieux the amount due or the time ofperformeva hereunder, an equitable adjustment shall be made.
fi. TERMINATIONS.
The Foodstuff may in any time by women change order, terminate this agreement as to any or all portion of the
good then not shipped, subject to any Wuiuble adjustment hansom the paies s to my work or materials then in
progress provided law the Purchase, shall not be liable for any claims for amichand profits an the unmmplaed
portion of the goods andar work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller win respect many goods which are the Sellers standard stack. No such marrinswum shall relieve
to Pmchise, or ere Sella artery offmr obligations as to any good delivered hecade,
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most v aamnd within thirty, (30) days from ere dam the change or temira,ion is
Ordered.
S. COMPLIANCE WITH LAW.
The Sella w'mrwls that all good sold hereunder shall have ban produced, sold, delivered and f rmishd in strict
compliance with all applicable laws and regulations m which the goads are subject. The Seller shall excmm and
deliver inch documents as may be regNred to effect or oclde roo compliance. All laws and regulation required to be
Incorporated in agreements of this character are hereby, incorporated herein by this reference. no Series agrees to
indemnify and hold the Purchssa hamdeas fmm all ass and damages suffood by the Purchases u a fault of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall ssign, lmnsfin, or convey this Order or any monies due or to became due hadawda without the
prior written consent of the other party.
10. TITLE.
The Sella wacoms full, clear and unrestricted title 1. the Purchaser fur all equipment, mammals, and items famished
in performance of this agreement, free and clear of my and all liens, restriction, reservation, security interest
.bmnces and claims ofothers.
11. NONWAIVEB.
Failure of the Purchaser to farm upon stria performance of the If. and mndiliom hereof, failure m delay to
,maisrights or m rerdies Enriched herein or by law, failure to promptly notify the Seller in the event of a
br ach Cthe acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller at
my of the vvwnawlifa or obligations of this purchase order and shall not h deemed a waiver of my right of the
purchaser not insist upon inner perfsommce hereof., any of its rights or remdies as of any such goods, mgmdless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
and modification or rescission of this purchase order by the Purchaef opera it, a waiver of my of the terms
hemmf.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognise that in acnW reommic Pausee, overcharges resulting from anlimnl
sfolaaion are in fact home by the Purchaser. The rdolum, for good cause and as cousidartion for executing this
purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter
acquired Order federal or state mtitfnt laws for such overcharges relating to the pw imlar goods or service
ma ch'ued or acquired by the Purchaser purstant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs Re, Seller to summer mnconforming or defective gom8 by a date to W agreed upon by the
Produce and the Seller, am the Seller therefor indicates its inability or unwillingness m.,Iy,,he Purehase,
may cause the work to be perforated by the most expeditious means available to h, and the Seller shall pay all
costs associated with such work.
The Seller shall release the Purchaser and its commdms of my tier from all liability and claims of any nature
resulting from the performance .Touch work.
This release shall apply even in the evens of fault of negligence of the party released and shall extend O the
directors, omcers and employers oFaufh pray.
The Sellds m alownual Obligation, including wzrmary, shall not M deemed to be (educed, in any way, because
such work is performed or caused to M performed by the Purchaser.
14. PAT'ENTS.
Whenever life Seller is required to use my design, desicc, namrial or process covered by letter, patent, commands
or copyright, rise Sella shall indemnify and save harmless the Purchase( fmm any and all claims for infringement
by reason of the use of such provided design, device, material Or process in connection with the contract, and
shall indemnify the pumh'ser for any anon, expaxxe or damage which i, may be obliged as Jury by reason .(such
infringement at any time during the proscription or after the completion of de, work. In case said equipment, or
any part thereof or the intended use of the goods, is in such suit held to coatimte infringement and the use of
said equipment or part is enjoined, the Seller shall, at in own expense and at its option, either procure far the
Purehscr the right to continue fixing said equipment or pars, replace the more with substantially equal Ind
nonmfnnging gul,ment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become imolvem or bankrupt, make an assignmew for the bereft of creditors, appoint is
or trustee for any of the Sellers property or business, ,his order may forthwith be canaled by the
Purchaser without liability.
W GOVERNING LAW.
The kinitions oftems used or the interpretation ofthe agreement and the rights ofall parties hereunder shall be
contra d under and governed by the laws of the State of Colorado, USA.
The fallowing Additional Conditions apply only in cams where the Seller is to Perform work hereunder,
including the services of Sellers Representative(s), on the premises archers.
IT SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellels owe risk until the same is fully completed] and accepted, and shall,
in ease of any accident destruction or injury to the work author materials before Seller's final completion and
aceepmme, complete the work at Settees awn espouse and to the satisfaction of the Fractious. When mOenah
and aluipment art famished by others far installation or erection by the Seller, the Sella shall receive, unload,
stem and handle scone at the site and become responsible therefor as though such materials affair equipment
were being fumishx[ by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefis, to is employees employed on or in connection with the work covered by this puffins, order,
pallor to their dependm¢ th scomaken a with the laws of the ware in which the walk is a be done. The Seller
shall also carry comprehmsive general liability including• but not limited to, contractual and automobile public
liability insurance with bodily injury .,it death limits of at lax, $300,000 fur any one person, lisnow for any
one incident and property, damage limit per accident of S400,000. The Seller shall likewise acquire ha
contractors, if any, to provide for such cournmemion and insurance. Before tiny of the Sellers or has contmetors
employees shall do any work upon the premises of other, the Sella shall famish the Purchaser with a cemifcate
that such compensation and insurance have been pmvided. Such certificates and specify the data when such
mpmmtion and inumnce have been pmsided. Such certificates shall specify dz darn when such cmwasomati.n
and answer a expires. The Seller agrees that such compensation and insurance shall bd maintaind until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby w xumn the afire responsibility and liability for any and all damage, loss or injury of any kind
or nature whatsoever m persom or property caused by or resulting f can the execution of the work provided for in
runs purchase order or us mutaction herewith. The Sella will indemnify and hold harmless ere Purchaser and any
r all of the Purchasers in Boors, agar and employees firm and against any and all claims, lasses, damages,
charges or expenses, whether direct or indirecl, and whether to persons or property to which the Purchaser may
be or or mbjal by reason of my act, action, neglect, omission or deficit an the part of the Sella, any of has
awassemm, or my of the Sellers or contractors o81em, agents of employees. In caw, my suit or other
proceedings shall be brought against the Purchases, or is officers, agents m employees at any time on account or
by ..,an of my act ..Iran, neglect, omission or default of the Seller of any of his contractors or any of its or
their .Beers, agars or employees as aforesaid, the Sella hereby agrees to asxume ere defame thereof and 1.
defend the same at ere Sellers own expense,,. pay any and all costs, charges, attorneys fees and other, expenses,
any and all judgmcns that ,may be incurred by or obtained against the Formosa or any of its or their officer,
agents or employees in such suits or other pm"aha s, and in case judgment or other lien be placed upon or
obtained against the pmpe sy of the Purchaser, or said Form in of as a result of such suits or other proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving boad or otherwise. The Seller and
his commaors shall take all safety precaution, famish and install all guards necessary for the prevention of
incklam, comply with all laws and regulations with regard to safety including, but without limitation, ere
Occupational Safety and Halth Act of 1970 and all tales and regulation issued paramount thereto.
Revised 07I2014