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HomeMy WebLinkAbout498349 BANNER CONCRETE - PURCHASE ORDER - 9145600PO PURCHASE ORDER 914560er Page City of PURCHASE 45600 1 of 2 Flirt Collins( This number must appear !_\V`I ` V " 1' on all invoices, packing sli s and labels. Date: 09/26/2014 Vendor: 498349 Ship To: TRANSFORT BUS FACILITY BANNER CONCRETE CITY OF FORT COLLINS 715 PETERSON ST 6570 PORTNER ROAD FORT COLLINS CO 80524 CITY OF FORT COLLINS CO 8052 Delivery Date: 09/25/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price Bus Stop Improvements 1 LOT LS 63,405.00 FTA Section 5317 per work order dated September 18, 2014 and Bid 7658 that includes Davis Bacon Wages and FTA Terms and Conditions. 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 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 Pon Collins is exempt from slate and lwal taxes. Our Exemption Number is 11. NONWA [VCR. 98-04502. Federal Excise Tax Exemption Cenifcaa of Registry 84-(y00587 is regisered with the Collector of Failure of the Purchaser to insist upon stria performance of the Terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1923, Chapter 39-26, 114 (a), exercise any rights or remedies provided M1aan or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ,for payment for goods hereunder m approval of the design, shall or release the Seller of Gads Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase aide, and shall not be deemed a waiver of any right of the damage in transit, may be refimed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict Performance hereof or any of ils rights or remedies as to any such goods, regardless instructions from the City of For Collins. of when shipped, received or accepted, n to any prior or subsequent default haeunda, nor shall any purported coal modification or renewing of this purchase order by the Purchaser operate w a waiver of any of the terms Inspection. GOODS are suipW to fie City of Fort Collins inspection on arrival. hereof, Final Acceptance. Receipt of the merchandise, musims or ryuipment in response to this order can result in 12. ASSIGNM ENT OF ANTH RUSTCLAIMS. authorized payment on the part of the City of Too Collins. However, it is to be understood thatFINAL Seller and the Purchaser recognize that in actual economic practice, overcharges mantling from kn o nt ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Therttomm, for good cause and as consideration for executing this purchase order, the Seller hereby cosigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments now be F.O.B., City of Fon Collins, 700 Wood St., Fan Collins, CO $0522, ualess acquired under federal or state antibvst laws for such overcharges alming to the particular goad or services otherwise specified on this order. If pco-swen is given m prepay freight and charge separately, the original begin purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for parking will not be accepted. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distribtning Points in various pans of the country, shipment is If the Purchaser threats the Seller to cancer nonconforming or defective goad by a data to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will the, deducted from Invoice when Purchaser, and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made Gom master dismer, may cause the work to be performed by the most expeditious mean available to it, and the Seller shall pay all cosh associmed with such work. Powers. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordbanees and roles ofthe state, municipality, factory or Political subdivision where the work is pwhourood. or required by any other duly contributed public authority havingjurni iaiw over the work of vendor. Seller further agrees to hold the City of Von Collins harmless from and against all liability and lass incurred by them by reason of an assured or established violation of any such laws, regulatima, ordinances, rates and nxfirsarnews. Authorization. All parties to this contract agree that the represcracrow are, in fact bona fide and pores full and complete authority to bind said panin. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the temp and conditions stated herein set form and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different moms and conditbm proposed by Seller ere objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you canner make complete shipment to active on your promised delivery date as acted. Time is of the cammu. Delivery and performance must be Acted within the time sward on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of powal late delisedes, shall operate as a waiver of Nis provision. In dre ever ofwy delay, the Premium, shall have, in addition to other legal and ryuimble remedies, the option of placing this order elsewhere and holding tM Seller liable for damages. However, the Adler shall no, be liable for damages as is msult of delays Sam to causes not reasonably foreseeable which are beyond its executable control and without its fault of negligence, such wers of God, acts ofcivil or military wllmon ies, governmental priorities, tarts, strikes, Ooed, epidemics, wars or co%provided that notice of fie conditions caning such delay is given to the Parchment within five (5) days of the time when the Seller firs, received knowledge thereat In the even, of any such delay, the &te of delivery shall be extended for the period equal It the tine, xmally for by auto. ofthe delay. 3. WARRANTY. The Seller warrants war It good, articles, maanzls and wad covered by fis order will coot with applicable drawings, apecifiations, samples and/or afar desifilmm given, will ba fit for fie inciamm intended, nod performed wins the highest degree of care out compne we in accordance with accepted standard for work of a rinds, mature. The Seller agree to hold the psuchue, harmless from any loss, damage or expense which we Purchaser may sallef or item nor .anam offe Sellers breach of warranty. The Seller shall replace, repair or make good, without cast to the purchaser, any defers or f rodu arising within one (I) year or within such longer period of lime as may be prescribed by law or by are temp of any applicable warranty provided by the Seller anent $e data of acceptance of the good Furnished harcumar (acceptance na, to be unaawrably delayed), resulling from imperfect or defeaise wore done or mwsmals Romanian by the Seller. Acceptance or ne of good by the Purchaser shall rant mreation. is waiver of any claim uMe, this warranty haacepl m otherwise provided in fis purchase order, the Sellers liability herettmlef shall extend to all damages Proximately wined by One breach of any of the foregoing warranties or guornmems. be, such liability shall in an n'cut 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 change to legal Ames by wren change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the mane, other than legal anrts, including additiom to or delegates from fie quantities originally ordered in fie specification or drawings, by verbal or written change order. If any such change affects fie amowt due or fie time ofperform ace heterader, an equitable adjustment shall be with. 6. TERMINATIONS. The Purchaser may at any time by wren change order, terminate Otis agreement as to any or all pinions of the goad then not shipped, subject to any winnable adjteament between the parties as to any work or materials then in Tacitness pmvided That me Purchaser shall not nd liable for any claims for anticipated profits an fie uncompleted portion of the goods antpm work, for incidental or consequential damages, and that no such adjustment Is, made in favor of me Seller with impact to any gads which me the Sellers stundad stock. No such termination shall relieve me Purchaser or the Seller of any oflhlil obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim fro adjustment most be reached within thirty (30) days from the dam the change or termination is ordered. I. COMPLIANCE WITH LAW. The Sella warrants chat all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with sll applicable laws and regulmlom In which we goads arc subject The Seller shall execute and deliver such documents no 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 reference. The Seller agrees to indemnify and hold the Purchase, hmmless from all now, and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, nansfe, or convey this order, or any monies due or to become due hereunder without the prior women consent of fie other only. 10. TITLE. The Seller warrants full, dear and wrestricted title to me Purchaser for all imimpmen, materials, and items fumishet in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security women encumbrances and claims ofothers. The Seller shall tnlease the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the Performance ofsuch work. This release shall apply es'en in the ever of fault of negligence i f the party released and shall extend m the directors, oMae. and employees ofsuch pan,. The Sellers contractual ddiy lions, including warranty, shall not be devoted to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by lane, pant, trademark or copyright, the Seller shall iMemnify and save Impact pact no, Purchaser from any and all claims for infringement by mason of the use of such Fomented design, device, material or process in contraction with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch infringement many time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended we of the goods, is in such suit held to roastimte infringement and the use of said equipment or pan is joined, the Sella shall, at its own expense and at its option, either pnsute for the Purchaser the right to continue using said ryuipment or parts, replace the same with substantially equal but naninfrging equipment, or modify it w it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become involved or banking. make an encouraging for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith bra canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions crown used or the interpamtion of the agreement wall fe rights of all probes heauMer shall be comtmed under and gover nd by we laws offe Sam ofColooado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work intentional including no senicas of Sellers R ixona ntaaive(s), on fe pamues ofomers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on laid work at Sellers oxn risk until the same is Rally completed and accepted, and shall in cruse of any accident, destruction or injury to the work and/or maerisls before Sellers final completion and acceptance, complete no work at Sellers own expense and to the satisfaction offe Purchaser. When materials and ryuipment ore furnished by others for installation or erection by the Seller, the Seller shall mimics, unload, some and handle same at the site and become responsible diameter as though such materials anchor ryuipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, m 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 fis purchaSe order, cal to their dependents in accordance with the laws of the acme in which the work is m he done. The Seller shall also marry comprehensive Van al liability including, but not limited to, economical and automobile public liability i ommice with wi ily injury and deaf limits of at least 5300,000 for any one person, SS1p,IwU for any property accident and propy damage limit Per accident of SMILOCI . The Seller shall likewise manage his waraors, if my. to provide for such computation end announce. Berme any of fie Sellers or his anmmcmw employees shall do any wool, upon he premises of others, the Seller shall famish me Purchaser with is certificate that such compensation and insurance have been provided. Such ecnifiwcn shall amity use &te when such ompemelion and insurance have been provided. Such cenificales shall specify the the when such conformation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby m ,the trairc responsibility and liability far any and all dami low or injury of any kind or nature whatsaaver to permits or property caused by or resulting from me execution of the work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold lowit the Purchaser and any r all of the Purchaser officers, agents and employees from and again, any and all claims, Ines, &rages, charges or expenses, whether direct or indirect, and whether to Famous or property to which fie Purchaser may be pm ant subject by prawn of any act, action, neglect. omission or default oa the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by renwn of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their offli agents or employees n aforesaid, the Seller hereby agrees to Hume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may Is, incomed by or obtained against the Purchaser or any of its or then officers, agents or employees in such suits or other proceedings, and in eau judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be disturbed and discharged by giving band or otherwise. The Seller and his contractors shall coke all safety precautions, famish and unroll 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 rates and agulatior issued pursuant ream. Revised 01I2014