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HomeMy WebLinkAbout498349 BANNER CONCRETE - PURCHASE ORDER - 9146459PO PURCHASE ORDER 914645er Page C117/ of PURCHASE 46459 t of z ' `t Collins( his number must appear V " 1 1 on all invoices, packing sli s and labels. Date: 11/04/2014 Vendor: 498349 Ship To: OPERATIONS SERVICES BANNER CONCRETE CITY OF FORT COLLINS 715 PETERSON ST 300 Laporte Avenue FORT COLLINS CO 80524 Building B FORT COLLINS CO 80521 Delivery Date: 11/04/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 Eco-Thrift/FoCo Cafe 1 LOT LS 6,902.35 Remove and replace concrete to infill trench draing and pit along with sidewalk repairs. Remove approach and pour back curb, gutter and sidewalk. Per Work Order #OP461376 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. COMMERCIALDEfAILS. Tax exemptions. Hysteric, be City of Fon Call. is exempt from sham and local tax.. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000582 is registmol with the Collector of Internal Revenue, Demeq Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written instructions from the City of Fort Callfact. Insptttion. GOODS are subject to the City of fort Collin inspectim oa arrival. Final Aaspance. Receipt of the merchandise, reffices or equipment in mponse a this order ran result in authorised payment on the pan of the City of Fon Collins. However, it is to be undmilod that FINAL ACCEPTANCE is dependent upon completion craft applicable required inspection procedure. Freight Tema. Shipments most be F.O.U. City of Fort Collins, 700 Wood M., Fain Collins, CO $0522, unless otherwise specified on this order. Upermission is given to prepay freight and charge separately, the original fought bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in co various pans of the untry, shipment is expected from the nearest distribution Point to destination, and excess freight will be deducted from Invoice when shipments are made from Bremer disunce. Permits. Seller shall pmcvrt at sellers role cost all necessary permits, cerdfiates end If.. required by all applicable was, regulations, ordimnces and colas of the sac,, municipality, tco imry or political subdivision where the word, is performed, or required by enY other only constituted public authority haviogj arrahnian over the work of vendor. Seller fuller agrees to hold the City of Few Collins hairless from and against all liability and loss incurred by them by reason of an nssend or established violation of any such laws, regulations, ordinances, was and acquirements. Authorisation All panics m this contract agree that the mociamatives are, in fact, bona Ede and possess full and complete authority a bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions smld herein set both and any supplementary or additional team and conditions mmexed hereto or ascertained herein by reference. Any additional or di@rent it. and mnditi.. proposed by seller art objected to and hereby rejecmd 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you ammt make complete shipment to arrive on yam promised delivery der¢ as ruled. Time is of the essence. Delivery and worm. must be elfMed within the time surd na the purchase order and the documents attached hereto. No so. of the Purchasers including, widiom limitation, acceptance of partial late deliveries, shall opwmbe 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 of placing this order elsewhere and holding the Seller liable for damages. Howeveo the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which we beyond its reasonable control and withom its fault of negligence, such acts of God, acts ofeivil or military authorities, gwammmtal Immune.. firms,sWss. Rood, epidemics, wars or roes provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller First received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the peril egml to the lime acmafiy lost by reason of the delay. 3. WARRANTY. The Seller wartavas but all goods, articles, materials and work covered by This order will conform with applicable drawings, specifications, samples .&ar he, descriptions given, will he fit far the purpns. intended, ad perfonnd with be highest degree of care and contrivance in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the parchawr hairless from my loss, damage or expense which the Purchaser may suffer or incur on account orhe Seller branch of woranly. The Seller shall replace, repair ar make good, without cost to the purchasep any defects or faults arising within one (1) year or within such longer period of time an may be prescribed by law or by the terms of any applicable scummy y provided by the Seller after the date of acceptmce of the goods famished hemunder (acceptance not to ha communicably delayed), resulting from impede. or defective work done or materials fumishd by the Seller. Acceptance or me of goods by be Pmchver shall not commands a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability heremder shall extend to all damages proximately caused by the breach of any of the foregoing warantius or guarentm,, bar such liability shall in no evert include lass of profirs 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 changes to legal terms by worm change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the hems, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or wrinc change We, If any such change affects the amount due or the time ofperfotmmce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchase, may in any time by written change ode,, terminate this agreement as m any or all Pomona 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 shift not W liable for any claims for anticipated profits on the uncompleted portion ofthe goods mNor work, for incidental or consequential damages, and but no such adjusrmem be made in favor of the Seller with respeet to any goods which are the Sellers sandard stock. No such termination shall relieve the Purchaser or the Seller array oftheir obligations as to any goods delivered hereunder. Y. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date be change or termination is odeced. 8. COMPLIANCE WITH LAW. The Seller warrant Nat all goods said hereunder shall have been produced, sold, delivered anal fummbeal in inner compliance with aft applicable laws and mgulamns to which the goods are subject The Seller shall execute and deliver such documents as may be rcluiml to effect or evidence compliance. All laws and regulations requir.l to be fractionated in agreements of this character ere hereby now,omted herein by this reference. The Seller agrees an indemnify and hold the Purchaser harmless from all coss and damages suffered by the Purchaser . e « salt of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, mansf n, or convey this order, or my monies due or to become due hereunder without the prior wrifen moment of the other party. IRTITLE. The, Seller wammt full, clear and ftmeumbod aide to be purchaser for all equipment, materials, and it. famished in performance of this a®eenenk free and clear of any and all firm, restrictions, resections, security interest encumbrances and claims of orders. ILNONWAIVER. Failure of the Purchaser an insist upon strict performance of be terms and conditions hereof. failure m delay to exercise any rights ar remedies provided heroin or by law, failure to D.,Ily notify the Seller in the no, of a breach the acceptance afar payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereofor any of its tribes or remedies as to my such goods, regardless of when shipped, received or accepted, ns to my poor or subsequent default hereunder, nor shall any purported oral madi fication or rescission of this purchase order by me Purchaser operate as a waiver of any of the corms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognise that in mtml economic practice, overcharges resulting From antitrust violations art in fact bone by fe Pmchavn. Theretofore, far good cause ad as emaddration for erecting this purchase order, to Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter acquired under federal or state antionat laws for such m erchmges relating m the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to coned nonconforming or defective goads by a date la be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability at unwillingness to comply, the Pumhasff may muse the work to be performed by the most axpeditiom means available to it, ad the Seller shall pay all .st associated with such work. The Seller shall release the Purchaser and it emtadons of my tier from all liability all claims of my mature resulting firm the performance ofxucb work. This relase shall apply even in the event of fault of negligence of be party relmad and shall extend to the directors, officers and employees ofsuch patty. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or cursed to be performed by the Purchaser. 14. PATENTS. Whenever the Sell. is requiredto use any design. device. mar mial or process covered by letter, patent, trdernark or copyright, the Seller shot iMemnify and save harmless the Purchaser Rom my all all claims for infringement by ¢awn of the use of such patented design, device, mamrird or process in comection with the contract, all shall indemnify the Purchaser for any cost, expense or damage which it may be obliged of pay by reason of such Infringement at my time during the pmsxmion or after be completion of the work. In case said swimming, or any pan thereof or the intended use of Ile, goods, is in such suit held . canstimm infringement and the use of said equipment or pan is calcined, the Seller shall at its own expense and at its option, eihe, procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but mainfiinging.luipment or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a or Limits for any of the Sellers properly or bum ess, this order may but h canceled by the Purchaser without liability. 16. GOVERNING LAW. TLe deenhian ofterms used or the interpretation ofthe agreement wall the rights craft panics hereuder Shull be command uad. and Simemd by the tars of the State ofColoadr, USA. The following Additional Conditions apply only in cases where the Seller is m perform work hereunder, including the services of Sellars Reprewnative(s), on the premises crabbers. 12. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers awn risk until be sane is fully completed and meepted, and shall, in aw of any accident, desbmetion or injury to the work singer materials bef Shcds final completion and acceptance, complete the work at Stiles own expense aed to the satisfaction of the Pumhase. Wbeo m arrogs mail equipment are f ishd by orders far imbibition or enema by the Seller, the Seller shot receive, reload, short all handle same at the site all became responsible therefor as though such materials mrNm equipment were being fmishd by the Seller order the order. I B. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease better., to its employees employed on or in cameclion with the work covered by this purchase of and/or to their dependents in accordance with the laws of to sum in which the work is to be done. The Seller shall also miry comprehensive general liability including, but not limited to, contractual and automobile public liability insuantt with bodily injury and death limits of at least S300,000 for any one person, $500,000 for any one accident and property damage limit par incident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do my work upon the premises of orders, the Seller shaft famish the Pumhaser with a certificate fast such compensation anal hattiance have been provided- Such artifates shall specify, the date when such compensation and in.,, love bran provided. Such renifimte shall specify the doe when such curnpossufficar and examine expires. The Seller agrees but such compensation and insurance shall be maintained until age, Him retire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire respansibility and liability for any and all damage, loss or injury of any kind r nacre whatsucver to persons or property caused by or resulting form the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless be Purchaser and any r all of the Purchrom officers, agents and employtts from and against any and all claims, lasses, damages, charges or expenses, whether direct or indirect, and wheher to persons or property to which to Purchaser may be put or subject by rm»n of any act, action neglect, omission or default on the pan of the Sever, my of his contractors, or any of the Sellers or contractors officers, agent or employtts. In caw my suit m ofa proceedings shall he brought against to Pumhaser. m it of Tess, agent or employees at any done on account or by reason of any an% action, mglttq omission or default of the Seller of my of his contractors or any of it ar their oRcers, agent . employees as aforesaid, the Seller hereby agrees to assume be defense hereof and to defend the come at the Sellers own expense, to pay any and all costs, changes, woman s ftts and oaer expenses, any and all judgment that may be inured by or obtained against the Purchnser or my of it or heir officers, agents or employees in such suit or other proceedings, and in case judgment or other lien be placed upon or obaind against the property of the Purchaser, or said pmies in or as a result ofsuch suit or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwlu. The Seller and his contractors shall take all safety precautions, famish ad instill all guards na ssuff, for der, romanticist of accident, comply wid, all lows and regulation wit regard to safely including, but without limitation, the Occupational Safety all Halth An of 1970 all of was and regulations issued pursuant themn. Revised Units