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HomeMy WebLinkAbout498349 BANNER CONCRETE - PURCHASE ORDER - 9145484Fort Collins Date: 09/22/2014 Vendor: 498349 BANNER CONCRETE 715 PETERSON ST FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9145484 1 of 2 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 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Pedestrain Planning & ADA 1 LOT LS 20,600.00 WO #03-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.wm Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 rder Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from stain and local taxes. Our Exemption Number is 98434502. Federal Excise Tax Exemption Cceifiesom of Registry 84.6000587 is registered with the Callecmr of Internal Revenue, Denver, Colorado (Ref Colorado Revised Statures 1973, Chapter 39-26, 114 (a). Good Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transi, maybe returned to you for credit and art not m be replaced except upon receipt of venom instructions from the City of For Collins. Inspection. GOODS are subject to the City of Fort Collins inspection an,rtival. Final Acceptance. Receipt of the merchmdo.. trainer, or mprom in response to this oNer can result in authorized payment on the pan of the Co, of Fort Collins. However, it is to be understand that FINAL ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. Freight Teas. Shipments must be F.O.B., City of Fort Collins, bed Waal St., Fort Collins, CO 80522, unless oNenvise specified on this order. If permission is given to prepay freight and charge segment the original freight bill must accompany invoice. Additional charges for Woking will Out be aremord. Shipment Distance. Where manufacturers have distributing points in various parts of the court, shipment is expected from the nearest dedribution paint to destination, and excess freight will be abdicated from Invoice when shipments we made from greater disame. Permits. Seller shall procure nl sellers sale cost all necessary permits, cenifimms and licenses required by all applicable laws, regulations, oNbrances and roles of the state, municipality, territory 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 Junior agree 10 hold the City of Fan Collins board. from and against all liability and lass incurred by them by reason of an assened or established violation of any such laws, regulations, ordinances, rules and requirements. Amlanam anion. All parties m this annual agree that the repoom a rro ore, in fact, was fide and possess full and complete authority to bind said p ties. LINIITATION OF TERMS. This Purchase Order expressly limits acceptance to die terror and around. stated herein in faith and any supplementary or additional terms sad cnvdi0ore annexed herein or incorporated herein by reference. Any additional or different toms, and conditions proposed by seller are objected ed and hereby rejected. 1. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment an arrive on yam promised delivery date as noted. Time is of the essence. Delivery end performance most be aff cued within the time stated on the purchase order and the documents mocked heem. No acts of the Purchasers including, without lowrom n, mceptana affect late deliveries, shall opeate as a waiver ofilm 1mvuio-.1n the eval ofany 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 not be liable for damages as o malt of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such dots afGod, aces of civil or military authorities, governmental pnorities, Fires, strikes, Rood, epidemics, wars or not, provided that notice of the conditions cousing such delay is given to the purchaser within five (5) days of the time when the Seller fin received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the period equal to the time ritually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, sp.ifcations, samples atWm other desenpdons given, will be fit far the purposes intended. and performed with the highest degree of care and own culnre in ..&.a with acalmd standard for work of a similar nature. The Seller agrees to bold the purchaser harmless from any loss, damage or expense which the Purchases may suffer or incur on account of the Sellers breach of warranty. The Seller shell replace, repair or make good, without cost to the pmchasca my der is or faults arising within one (U year or within such longer penal of time as may he pmrnbed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the good famished hereunder (acceptance not to be, unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller Acceptance or use of goods by the Purcha¢r shall not constitute a waiver of my claim under this warranty. Except m otherwise Excoriated in this purchase order. the Sellers liability hereunder shall extend to all damages proximarely caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or Ims of ere. NO IMPLIED WARRANTY OR MERCI IANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by wrinen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal terms, includingaddomm to or deletions firma the qmm Mica originally ordered in the w cihcations or drawings, by veNW [ or written change order . If any inch change affects the amount due or the time ofpaformance hart ndeu an equitable w1juslmmt shall be made. 6. TERMINATIONS. The Purhaser may at any in. by written change order, terminate this agreement m to any or all potions of the goods then not shipped, subject to my equitable adjustment between the ponies as to any work or informal, then in progress provided that the Pumhsser shall not he liable for any claims for anticipated PmOs on the unromplaed potion of the goads anNor work, for incidental or com,nandial damages, and that no such adjustment be made in favor of the Sella with respect to any goods which we the Sellers worked steel. No such termination shall relieve the Purchaser or die Seller of any of their obligations as to any good delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must l e moaned within thins (3o) days from the dam the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that col goad sold hereunder shall have been produced, sold, delivered and fumishcd in strict compliance with all applicable laws and regulations in which the goods art subject. The Seller shall execute and deliver such documents m may be required to effect or evidence compliance All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this referenceThe Seller agrees to indemnify and hold the Purcho er harmless Irmo all cats and damages cuff eel by the Purchaser as a milt of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither platy shill sum, transfer, or convey this order, or any mown due or to become due hereunder warrant the poor written consent of the other party. 10. TITLE. The Sella warrants full, clear and utarestdded fill, to the Purchaser for all equipment, mmcriaH, and items fumi,hN in performance of this agreement, f and clam of any and all liens, runimiam, ouemotions. security in meat encumbrances and claims of others. 11. NONWAIVER. Failure of the Purchaser, an insist upon strict performance of the terms and canditions henmt, failure or delay to rimmise any rights or remedies Provided herein or by law, failum to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not calorie the Seller of any of the warranties or obligations of this putch rid order and shall not be deemsel a waiver of any right of the purchaser to insist upon strict perfwouna hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted. as W any prior or subsequent default hereunder, nor shall any purpomed oral modification or rescission of this purchase order by the Purchaser operate m a waiver of any of the rams hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Puralwas recognize that in actual economic practice, overcharges resulting form national violations are in fact home by the Purchases. Theretofore, far good cause and as consideration for executing this purchase order, the Seller hereby cosigns to the Pmcbsser any and all claims it may now have or lummu n acquired under federal or store around laws for such overcharges relating to the particular good or services purchased or acquired by the purchaser punuanuo this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a data to be agreed upon by the Purchaser and the Seller, and the Seller thermfer indicates its inability or unwillingness to comply, the Purchan may cause the work to be performed by the most expeditious means available to it, and the Seller shill Pay all casts ussocimed with such work. The Seiler shall release the Purchaser and its commctors of any to from all liability and claims of any rimo reselling from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees ofsuch parry. The Seller's contractual obligations, including warranty, shall nor be deemed to be reduced, in any way, because such work is performed or caused to be perforated by the purchaser. 14, PATENS. Whenever the Seller is regoired on use any design, device, material or process covered by letter, parent. trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement by reason of she use of such paimtal design, device, material or pro¢ss in connection with die commit, and shall indemnify the Purchaser for any cost, expose or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion of the work. In case said equipment, or my pan thereof or the intended use of the good, is in such suit held to constimre infn'ngemont and the use of said equipment or pan is apind, she Sella shall, at its own expense aal at its option, either Income for the Purchaser the right to continue using said equipment or pans, replace the same with substantially qual but noninfringing equipment, or modify, it s, d becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or herdsman, make as assignment for the benefit of creditors, appoint e receiver err trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16, GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be omtmed under and governed by the laws of die Slate ofColom ld, USA. The fonawing Additional Conditions apply only in own, where the Seller is in perform work hereunder, including the services of Sellers R,presedamose(a), on the premises -&others. IT SELLERS RESPONSIBILITY. The Seller shall carry on said wank a1 Seller's awn risk until the some is fully completed and accepted, and shall, in use of any ac.%ent. destruction or injury to the work and/or warrants before Sellers fnal completed and momptar, , complete the work at Sellers own expense and to the satisfaction of she Purchaser. When ralenak and equipment arc famished by others for imollation or erection by the Seller, the Sella shall receive, unload, store and handle same at the site and became responsible therefor as though such materials anam, equipment were being famished by the Seller under the doer. 18. INSURANCE. no Seller shall, to his own expense, provide f r 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, anNor to their dcperMents in accordance with the laws argon sole in which the work is to he done. The Seller shall also carry comprehensive general liability including, but not limited m, committed and automobile public liability insurance with bwlily injury and death limits of or least S3W,MO for any one person, 55 W,000 for any ne accident and property damage limit per accident of 5400,000. The Sella shall likewise require his cormarmax, if any, m provide for such compensation and irswance. Before any of die Setters or his random. employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a cenifirme that such compensation and insurance have been provided. Such mnificates shall specify the date when such compensation and idxwwce have been provided. Such o nifcam shall specify the date when such compensation and mounted, expires. The Sella agrees rim such compensation and insurance shall he maintained until alter the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the more responsibility and liability for any and all damage, loss or injury of., kind or nature whmseever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or col of the Purchasers officers, agents and employees from and against any and all claims, losses. damages, charges or exposes, whether direct or indirect, and whether to persons or property to which doe Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the an of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other p amedimp shall be brought against the Purcbuer, or its officers, agents or employees at my fime on moounm or by roman of any act, dotion, neglect, omission or default of the Seller of any of his conraceors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to nssume the defense thereof and to defend she same at the Sellers own expense, to pay any and all costs, changes, attorneys fees and other expenses, any and all jdo,ram that may be incurred by or obtained against the Purchada or any of its an their officers, ,germs or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the pmpeny of die Pmchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same as be dissolved and discharged by giving bond or otherwise. The Sell. and his conlrsdors shall oke all safety prawriom, fiunion and small all guard necessary for the pmention of accidents, comply with all laws and regulations with regard to safety including but without limitation, the Occupational Safetyand Health Act of 1970 and all mles and regulationscausedpursuant thereb. Raised 02Q014