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HomeMy WebLinkAbout498349 BANNER CONCRETE - PURCHASE ORDER - 9145696Fort Collins Date: 10/01/2014 Vendor: 498349 BANNER CONCRETE 715 PETERSON ST FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9145696 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 10/01/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Per Work Order STS-2014-01 1 LOT LS 8,173.41 INV 1254 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.wnn Total Pay terms net 30 days Invoice Address: 173.41 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local axes. Our Exemption Number is 98-04502. Fdcnl Excise Tax Exemption Catifiew, of Registry 84-6000587 ¢ na no rd with the Collector of Internal Revenue, Denver, Calonde (Ref. Colorado Reeked Senegal 1973. Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due m defects of damage in mamit, relay be returned to you for credit and are not to he mplared except upon receipt of venom instructions fmm the City of Fen Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services cr equipment in response an Nis order cam result in nmhoriud paymcm on the per, of the City of Fen Calling. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required imitation procedures. Freight Teams. Shipments matt be F.O.R. City of Fan Collins, 20) Wand Sr, Fan Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge intimately, the onginal freight bill mast accompany invoice. Additional charges for Parking will not be zccepgd. Shipment Distance. Where nmnufarturers have distributing points in vadom pans of We counary, shipment is expected from the nearest distribution point m destiva0on, and excess freight will be deduced fmm Invoice when shipments are made from greater distance. ILNONWAIVER. Failure of the Purchaser to insist upon street performance Of the tenses and conditions hereof. failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the warranties or obligmiom of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon side; performance hermfor any of its rights or temdies as to any such goods, regardless of when shipped, received or acen tW, as to any prim or subsequent default hereunder, not shall any punponed and modification at rescission of Nis purchase order by the Purchaser operate as a waiver of any of the terns hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller card the Punctuator recognize dual in actual -.—a practice, ovndarri resulting fmm anti., violations are in fact home by the PureM1nser. Themofare, for good cause and as comideton for executing this purchase order, the Seller hereby assign to the Purchaser any and all claims it may now have or hereafter ncquirN goer federal or gam It., taxi for such overcharges relaring to the panimlm goods or services purchased or acquired by the Purchaser pursuant Is, this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Write Purchase, dram the Seller to more, nonconforming or defective goods by a date m be agreed upon by the Purchaser and the Seller, ad the Seller thereafter indicates ill turbidity or unwillingness ro comply, the Penshowr may cauu the work to be perfond by the ..at expeditious means —liable to it, and the Sella sit,[] pay all costs associated with such work. Permits. Seller shall muc rag al sellers sole cost all necessary pcomes, certificates and licenses required by all applicable laws, regulations, ordinances 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 vendee Seller further agates to hold the City of Fan Collins harmless fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Audmdaation. All panics her this Oatmeal agree that the representatives are, in Get, been fide and possess full and complete authority to hind said parka. LIMITATION OF 'TERMS. 'Phis Purchase Order expressly limits acceptance to the terms and conditions stated herein sa Inch and nny supplementary or additional terms and conditions annexed hereto or incorporated herein by reference Any aditional or ddfarm mates and mediums proposed by seller am objected to and hereby rjoand 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery, date as holed. Time is of the essence. Delivery and performance muss be effected within the time smtd on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of, vial late deliveries, shall atomic as a waiver of this provision. In the event many delay, the Parchau, shall have, in addition to other legal and equitable remedies, the oDlow of placing this older elsewhere and holding the Seller liable for dame,,. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably forescrable which are beyond is reasonable control and without its fault of negligence, such acts of God, act,; of civil or military autharitia, govemmenml priorities, fires, stages Rood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to We Parabola within five (5) days of the time when the Sella first received knowledge therm(. In We net of any such delay, the date of delivery shall be extended for the period equal to the time slimily lam by reawn of the delay. 3. WARRANTY. The Seller wmranls mat all Goods, aaida, matrnak as work coveted by dds order will conform with applicable drawings, spacifcztiom, samples anNor other descriptions given, will be fit for the purposes intended, and performed with the highest degree of core cared ca ni egoo, in acmNance wins wait standards far work of is similar nature. The Seller agrees to hold the purchaser homeless fmm any loss, damage or expense which We Purchmer may suffer or incur on account riddle Sellers breach of waventy. The Seller at replace, minicar make good, without cost W the purcluamr, any defers or faults arising within one (1) year m within Such longer period of time as may be prescribed by law tar by elm terns of any applicable warranty provided by We Seller afterthe dale of acceptance of the guests famished hereunder (accepmace rut as tea unreasonably delayed), resulting from imperfect or defective work done or materials Rumored by the Seller. Acceptance or use of goods by the Purchaser shall nose constitute a waiver of any claim under this womanly. Except as otherwise providd in this Foochow order, We Sellers liability hereunder shall extend m all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss ofpmfits or Imes of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. the Pirrone, may make changes 1. legal terms by written change order. 5. CI IANGES IN COMMERCIAL TERMS. The Purchaser nary make nny changes 1. the temp, other than legal lens, including additions to or deletions from the asurnies on,in.11, ordered in the specifications or drawings, by verbal or wrihen change order. If any such change aQe d, thrown I due or the line of performance hereunder, an equitable adjustment shall be mad,. 6. 1 E RMRJATIONS. The Purchaser may at any time by written change order, outwork, this agreement as to any or all portions of the goods then not ship,rd, sub al to any egnitable adjustment between the parties as to any work or materials than in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted per ion of the goods worker work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with raped to any goods which are the Sellers standard stack. No such lamination shall relieve the Purchaser or me Sella of any aftheir obligations as to any goods delivered hereunder. 1. CLAIMS FOR ADJUSTMENT. Any claim for adjustment matt be asserted within doo, (30) days fmm the time the change Or termination is odered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall base been produced, sold deliverd as fteniand in tenet wmpliance with all applicable laws and regulations to which the gwds are subject. The Seller shall execute and deliver such dammrns as may the mquired to diner or evidence compliance. All laws and beguGtiom required to be incorporated in zgreemens of,hia character are hereby incorporated hereto by has refeream. The Seller agrees I. indemnify and hold the Purchaser harmless from all casts and damage suffered by Ne Function. as is result Tthe Sellers failure W comply with such law. 9. ASSIGNMENT. Neither parry shall random, manager, or convey this area, or any monies due or to become due hereunder willing the 'do, wrinen comet of me order Pony. 10. TITLE. The Sella warming; full, clear as wvavieded title to the Parchaur far all equipment materieb, as it. famishd I. performance of this agreement, free and clear of say and all liens, ratiown, reservalions, security interest encumbmdes and claims of others. The Seller shall release the Purchaser and its contractors of any tier fmm all liability and clams of any merger resulting firm the Performance of such work. This release shml ripply even in the event Of fault of negligence of the party released and shall extend m the duccums, officers and employees of such party. The Seller's ownworal obll,mines, include., warranty, shot] not be decmd to be reduced, in any way. because such work is penb.metl or caused to be performed by the Purchaser. 14, PATENTS. Whenever the Feller is requiredto use any design, device, material tar process covered by letter, parent, trademark r copyright, the Sella shall indemnify and save harmless the Fumbler from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the comett, and shall indemnify the Purchaser for any msr, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of We work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to consumer impermanent and he use of mid equipment or pan is enjoined, the Seller shall, at its own expense and at is option, either procure for the Purchaser the eight to conrinuc vain, mid equipment or parts, ¢place the same with substantially punt but noniefnnging Wuipment, or modify it so it becomes werinGnging. 15. INSOLVENCY. If the Seller shall become insolvent or bntkmpt, make an assignment for the benefit of creditors, appoint a or I.IOr for any of the Sell. property, or business, this ruder may goof be d camuc by the Purchaser willow liability. 16. GOVERNING LAW. The defchieus of arms used) or the interpremdon ofthe amoselo t nod me righs of all pania M1ereuMer shall be conswed under and governed by the laws of the State fColorado, USa The following Additional CoMitiom apply only in caus where the Seller is m perform work hemunder, including the services of Sellers Re,amsenutive s), on the pmnines of there. IZ SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Seller's own risk mod We same is fully completed and accepted, and red, in case of any accident, destmnion or injury to the work and/or materials before Sellers rival completion and acceptance, complete We wad at Sellers own expense and to We sitiametion of the purchaser. Men materials and equipment arc famished by others far installation or erection by the Sella, the Seller shall receive, unload, store and handle same a1 the site and become rapomible therefor as dow la such materials maker gnipmrnl were being fumishd by the Sella under the older. IS. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational disease beneGls, to is employees employed on or in connection with due work covered by this purchase order, wirer to their dependents in accordance with the laws of the state in which me work is to be done. The Seller shall agsn tarty comprehensive general liability including, but not hot to, contractual and automobile public Ii.i iluy insurance wins Ixeld, injury and dead, limits of or lean 5300,000 6r any one persun, S500um for any one accident and property damage limit per accident of S400,000. The Seller shall likewise rquire his untmaton, if any, m provide for such emn,sawation and itue. Before any of the Sellers or his contractors employees limit do any wark upon the premises of others, the Seller shall famish We Purchaser with a cenifcme that such compensation and insurance have been provided. Such certificates doll specify the date when well compensation and insurance have been provided. Such certificates shall specify the dam when such compensation and imvnnte expire. The Seller agrees that such compensation and mummer shall be maintained anti[ after 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 any kind or nature whatsoever to penom or p opemy caused by of resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and held banless the Purchaser and any or all of the Purchasers officers, agens and employees fmm and against any and all claims, losses, damages, charges or expenses, whether direct a indirect, and whether to persons or property to wbieh the Purchaser may be put or subject by remain of any act, artion, neglect, omission or default on the part of the Sella, any of his contractors, or any of the Sellers or contractors officers, agent ot employees. In case any suit or other proceedings shall be brought against We Purchaser, or its officers, agents or employees at any time on around or by reason of any an, action, nigger, omission or default of the Sella of any of his contractors or any of its Or their officers, e,n.D or employees as aforesaid, We Seller hereby agree to assume the defame Hereof and 1. defend the same at the Sellers own expense, to pay any and all mess, cargoes, anomeys f del other exp regi any and all judgments that may be incurred by or obmined against We Purchaser or any of is or their officers, sums or cmployacs in such Will or other pews figs, and in eau judgment or order lire be placard upon a obtained against the property of the Punhaser, or said panic, in or as a result ofsuch saint or other proceedings, the Seller will at once came the same It be dissolved and discharged by giving bond or otMrwise. The Seller and his materials shall take all mfery prtcaufnm, furnish and install all guards necessary, for the prevention of accidents, comply with all laws sod regulations with regald to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all mles and regulations issud pursuant Hereto. Revised 0712014