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HomeMy WebLinkAbout498349 BANNER CONCRETE - PURCHASE ORDER - 9146341Fort Collins Date: 10/29/2014 Vendor: 498349 BANNER CONCRETE 715 PETERSON ST FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9146341 1of2 his number must appear on all invoices, packing sli s and labels. Ship To: PARKING SERVICES CITY OF FORT COLLINS 215 N MASON, 1 ST FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 10/29/2014 Buyer: JOHN STEPHEN Note Line Description Quantity UOM Unit Price Extended Ordered Price i CCPS floor drains per quote 1 LOT LS 9,272.00 per work order OP-463002 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 I. COMMERCIAL DETAILS. Tax exemption. By statute the City of Ford Collin is exempt from sum awn local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-630)587 is rag m,o, with the Collector of Failure of the Purchaser to insist upon strict performance of the temp and rnMition hereof, failme or delay to Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Sumter I973, Chapter 39-26, 114 (a), exercise any rights in remedies provided herein in by law, failum to immunity unity 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 Goods Reject. GOODS REJECTED due to failure to men s sceiricati ars, either when shipped or due to defects of mY of the abnorm l, or obligation of Nis purchase order and shall not be deamed a waiver of any right of the damage in transit, may be resumed to you for credit and arc not to be replaced except upon receipt of women purchaser to iruist upon strict performance hermf or any of its rights or rrnedics as to any such goods, regari instructions from the City effort Collins. of when shipped, received or accepted, as to my prim or subsequent default hereunder, oar shall any purparted oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on conical. hereof. Final Acceptance. Receipt of the merchandise, services r equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorised payment on the part of the City of Fort Collins. However, it is to be understood thatFINAL Seller and the Purchaser recognize Nat in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violation arc in fact Lame by the Purchases, Theramom,nfar good cause and as consideration for executing this purchase order, the Seller hereby assign W the purchaser now and all claims it may now have or hereafter Fraight Terms. Shipments most be EO.B., City of Fort Collins, 900 Wood Si Pon Collin, CO 80522. unless acquired under federal at state mrim,t laws for such ovechargas miming to the particular goods or services otherwise sp cited on this orderif permission is given as prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Addi peal charge for packing will nor be accepted. Shipment Distance. Where rwnufacturers love distributing points in anon pans of the country, shipment is expected from the nmrest distribution point to destintion, and excess freight will be deducted from Invoice when shipments of made from greater i islaerce. Permits. Seller shall procure at sellers .to cast all necessary permits, certificates amd licenses required by all applicable laws, regulations, ordinances and mi. of the state, municipality, temsory or political subdivision where the work is performed, or required by any other duly constituted public ausltoory having jurisdiction over the work of similar. Seller further agrees to hold the City of Pan Collins harmless from end against all liability and loss andseud by them by rson of an asserted or established violation of any such laws, regulation, onliwnces, rates earequirements. Authorization. All pansies to this contract agree that the represcnutives are, in fact bow fide and pnuss full and amplest authority in bind said parties. LIMITATION OF TERMS. This Poreheac Order expressly limits acceptance to she toms ad conditions scared herein set forth and any supplementary or wnditimul trnas and condition annexed hereto or incorporated herein by ref,.. Any additional or different tens and condition proposed by seller art objected to and hereby jacmd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery dam as noted. Time is afthe essence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hercm. No ic, of the Pitchman including, without limitation, acceptance of partial late deliveres, 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 ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays but to causes not reasonably foreseeable which are beyond its reasonable cannot and without its fault ofnegligence, such acts of God, acts of6vil Or military authorities, governmental priorities, fires, strikes, flood, apidemics, wars or riots provided that notice of be condition causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge therm(. In the event of any such delay, the data of delivery shall be extended for the period egal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller wmrents Out all goods, articles, materials and weak covered by this order will conform with applicable drawings, specification, samples and/or other deuriptions given, will be to fen the puryoses intended, and perforated with the highest degree of art ad competence in accordance with accepted attendants for work of a mil. reture. The Seller agrees to hold the purchaser harmless from any all, damage or expense which the Pumhaer may sufferer incur on account of the Sellm breach of w.mdy. The Seller shall replace, repair or make Road. without cost to the uncluuq any defecs or foul, arising within nee (1) year or within such longer period of time as may be prescribed by law or by the terns of any applicable warranty provided by she Seller after the data of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperf t or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not institute 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 proximately caused by she breach of any of the Foregoing warranties or guarantees, but such liability shall in no event include loss ofprofus or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchase may make changes to legal tens by woman change order. 5. CHANGES IN COMMERCIAL TERMS, The Parameter may make any changes W the temp, other than legal toms, including additions to or deletions from the quantities originally ordered in the specification or drawings, by vahl or women change coda. If any such change Officals, the amount due or the time of,serf ace hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may in any time by wrinen change order, mrmiwte this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the Parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated prof, on the uncompleted ponion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor ofthe Seller with respect to any goods which are the Sellers standard stack. No such termination shall relieve the Purchaser or the Seller infamy oftheir obligations a an any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for mijustment most be asserted within shiny (30) days Item the date rbe change or termination is ordered. S. COMPLIANCE WTfH LAW. The Seller warm, that all goods sold hereunder shall have been produced, sold, delivered and f mished in strict compliance with all applicable laws and regulation to which the good .c sabjat The Seller shall execute and deliver such documents as may h required to efem or evidence compliance. All laws and regulation required to be incorporated in agreements of this character art hereby incorporated herein by this reference. The Seller agrees to indemnify wit hold the Purchaser harmless from all cosy and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall reign, mansf a, or convey this order, or my monies due or to become due hereunder without the prior wrimen consent ofthe other pray. 10. TITLE. The Sella warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in arfotramic of this agreement free and clear of my and all lien, restrictions, reservations, security interest encumbunces and claims ofothers 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to cannot aonainf ing or defective goods by a date to be agreed upon by the Purchaser and the Seller, and she Seller thermfler indicates its inability or unwillingness W comply, the Purchaser may cause the work to be preformed by the most expedition mean available to it, and the Seller shall pay all cos, associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, oBicros and employees of such party. The Sallies contractual obligations, including w.mnty, shall not be deemed to No reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. NTenevar the Seller is required to tau any design, device, material or p.. covered by limits patent trait.& r copyright the Seller shall indemnify and save harmless the Provisioner from nay and all claims l infringement by no wn of the ate of such pmmsed design, device, material or process in connection with the contract, and shall indemnify the Porchues for any cost expense or damage which it may No obliged to pay by town ofmch infringement at any time during the prosecution or after the completion of she work. In case said equipment or any pan thereof or the intended nu of the goods, is in such suit held to constitute infongemenr and the use of said equipmetn or pan is enjoined, the Seller shall, at its bum expanse and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninf inging muipmcnt or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bard mpl, make a assignment for the benefit of creditors, appoint is receiver or trustee for my of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition of tern used or the interpretation of the agreement and else rights ofall Forces heretualer shall be consumed owner anal gowned by de laws offm State of Colorado. USA. no following Additional Condition apply only in eases where she Seller is to perform walk hereunder, including the smite of Sellers Repmsenutive(s), an the pmnisec of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on mid work at Sellers own risk until the same is fully completed and acceptd, and shall, in se of any accident, destruction or injury to the work actor materials before Sellers frod completion and compliance, complete the work at Sellers own asperse and to the mllsfaalon of the Producer. When momriols and equipment arc famished by others for installation or erection by the Seller, she Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller urdcr the order. 18. INSURANCE. The Seller shall, in his own expense, provide for the payment of workers compessaton, including Occupational disease benefits, to its employees employed an car in connection with the work covered by this purchax under, -Nor so their dependents in sevmJmae with the laws of the state in which she work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contmctusl and automobile public liability incentive with highly injury and Math limits of in least S300,o00 for any eve Texaco, 5500,000 for any ow accident and property, damage ling pa accident of S400,000. Thc Seller shall likewise secure his contractors, if nay, to provide for such compensation and insurance. Before any of the Sellers or his contractors empla,wa shall do ay work Olson the remises of others, the Seller shall I nnod, the Pamhaser with a certificate Nat such compensation and insurance have been provided. Such ecr ificmn shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and inumnce expires. The Seller agrees Out such compensation and insurance shall be nommined until no, the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for my ad all damage, loss in i jury of any kind or wtum whatsoever to person or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith The Sella will indemnify and hold harmless the Purchaser and my or all of the Purchasers officers, agents and employees from ad against my sod all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to person or property to which fire, Purchaser nay No, put or subject by mason of my act, action, caplet, omission or default on sbe part of the Seller, my of his contractors, many of the Sellers or contractors officers, agents or employees. In raze my suit or other proceedings shall the brought epinl she Purchaser, or its olBcers, age., or employees at any rime on account or by reason of any wL action, rallied, omission or default of the Seller of any of his contractors or my of its or their oficam, agents or employees as aforesaid the Seller hereby agree to essume the defeae, thereof and ro defend the same as she Sellers own expense, an pay any and all costs, chatga, anomeys fees and other expenses, my and all judgment that may be banned by or obtained against the Purchaser or any of its or their oficars, agents or employees in such suits or other proceedings, and in case judgment or other has be placed upon or obtained against the property of she Purchaser, m said parties in or as a result of such suits or other proceedings, Use Sella will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guard necessary for the prevention of accidents, comply with all laws and regulation with regard to safety including, but without limitation, the Occup tioal Safety and Health Act of 1970 and all rates and regulations issued pursues thereto. Revised (Dan 14