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HomeMy WebLinkAbout498349 BANNER CONCRETE - PURCHASE ORDER - 9146533Fort Collins Date: 11/07/2014 Vendor: 498349 BANNER CONCRETE 715 PETERSON ST FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9146533 t of 2 This number must appear on all invoices, packing sli s and labels. Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS CO 80524 Delivery Date: 11/06/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Rocky Mountain High X-Walk As per Estimate 7 City's share 2 Rocky Mountain High X-Walk Poudre School District Share 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 1 LOT LS 1 LOT LS 55,266.00 2.10 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 L COMMF.RCIALDETAILS. Tax exemptions. By waN4 the City of Fon Collins isexempt f state and Imal axes. Ow Exemption Number is I L NONWAIVER. 98-04502. Federal Excise Tax Exemption Cenifican of Registry 84-6000587 is registered with the Collector of Failure of the Pumhaser to imist upon sufetperfomlanm of the terns mod mnditiomhmof, failure or delay to Interco[ Revenue, Denver, Colorado (Ref Colorado Revised Stamm 1973. Chapter 39-26, 114 (a). exercise my rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, me acceptance of or payment for goods hereunder or approval ofthe design, shall not reteam the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defre, of any of the warranties or obligations of this purchase older and shall not be deemed is waiver of any right of me damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of women purchaser to insist upon strict performance hermfor any of us rights or remedies as to any such goofs, regardless instructions from the City of Fat Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall my purported oral modification or rescission of this purchase order by the Puteheser operate ns a waiver of any of the terms Impaction. GOODS are subject to the City of Fort Collins inspection on artival, hereof. Fund Acceptance. Receipt of the merchandise, services or equipment in response an this older can mull in 12. ASSIGNMENT OF ANTITRUST CLAIMS. autimme d payment on the Wt of the City of Fort Collins. However, it is to be ttvde ataal that FINAL Seller and the purchaser recognize that in antral economic practice, overcharges resulting frem antitrust ACCEPTANCE is dependrnl upon completion of all applicable reduced inspection pmewhicam. violations are in fact home by the Purchaser. Theretofom, for good.. and as co¢ideration for exemping this purchase older, the Seller hereby acsigm to the Purchuv my and all claims it may now have or hereafter Freight Tams. Shipments mind he EO.B., City of Fort Collins, Pp Wood St, Fort Collins, CO 80522, unless acquired under federal or sure reco mot laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchau l or acquired by the Pumhnse Torswant to this purchase order. bil I must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, Aposm is expend from the neared distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from grater distance. Permits. Seller shall procure at sellers sole cost all necessary peemiu, certificates and licenses responded by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where In work is perfinsioned. or required by any other duly emotional public authority having jurisdiction over the work of vector. Seller further apes ro held the City of Fan Collins harmless floor and against of liability and loss incurred by drum by neaten of an wommed or established violation of any such lawx, repolanons, inchworms, rules and requirements. Authorization. All parties to this contract agree that me representatives are, in fact, bona fide and possess full and omerate authority to bind sad Pont.. LIMITATION OF TERMS. This Purchue Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions pmpased by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arms, on your promised delivery dam as rented. Time is of the essence. Delivery and performame must Ise a@sped within the time anted on the purchase alder and the dmumem arucbed heam. No act of the lunchrom including, without limitation, acceptance efpartial late delivmes, shol 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 of placing this order elsewhere and holding the Seller liable fur damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil or military authorities, governmental primilies, Ores, strikes, Rod, epidemics, wass or riots provided that notice ofthe conditions rasing 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 my such delay, the due of delivery shall be extended for the period equal to the time actually last by rmson ofthe delay. 3. WARRANTY. The Seller wamdms that all good, articles, nmmak aM work covered by this order will conform with applicable drawings, specifimums. samples sndior cubic descriptions givers, will be fit fix the pu eems intended, and perfmmed with me highest degree of are and competence in acmName with accepted swsdards for work of a similar asmre. The Seller spot. to hold the purchaser harmles firm my loss, damage or expense which the Polemical may collector incur on summit ofthe Sellers breach of warrmty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults ansing within one (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 the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to lam unreasonably delayed), resulting from imperfect or defective work done or mumals famished by the Seller. Acceptance or me of goods 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 damal proximately mused by the breach of any of the foregoing waromi. or Jwwwtms, but such liability shall in no event include loss of profits or loss of tree. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser now, at changes to leg[ It. by wnnm change older. 5. CHANGES IN COMMERCIAL TERMS. The Purchase may make any charges, to the terms, other than legal lean. including additions, to or deletions from the quantities magically ordered in the specifications or drawings, by verbal or written change order. If any such change aRecu the amount due or the lime of performance hereunder, an equitable adjustment shall be mode. 6. TERMINATIONS. The Pumbereser may at any lime by Warren cbange order, terasimte this agreement a, to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panges as to my work or materials then in progress provided Nat this Puahsser shall rent be liable for any claims for anticipated profits on me uncompleted portion of me golds aratior work, for incidental or comaxim dial damages, and that no such djnstrmnt he trade in favor of the Seller with respect to my goods which are the Sellm standand stock. No such termiwlion shall rtli.e the Purchaser or the Seller of my of their obligations as to my goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within minty (30) days frown the chit me change or termination is ordered. I. COMPLIANCE WITH LAW. The Seller warrants Nat all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such domments as may he required to effect or evidence compliance. All laws and regulations required to be incorpoated in agreements of this clurecter are hereby incorporated herein by this reference. The Seller airs. o indemnify and bold the Purchaser hwmlem from all masts and damages suRctal by the Purchaser as a mull of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or my monies due or o become due hereunder Without he prior writen comsmt of me other party. 10. TITLE. The Seller warrants full, clear and unrestricted title or the Purchamr for all equipmm, matmals, end toms finished in performance of mis agaemen, free and clew of my and all liens, mountains reservations, security interest ewumb wq, and claims ofathim, 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGAI'IONS. If the Purchaser dincen the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to he performed by the most expeditious means available o it, and the Seller shill pay all coal associated with such work. The Seller shall release the Puchua and its mnraear. of any tier fmm all liability, and claims of any mwre resulting from no performance of such work. This ml. shall apply even in the event of fault of negligence of the party selected and shall extend to the directors, oflicen and employees ofsuch party. The Sells?, contractual obligations, including warranty, shall not be deemed 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 letter, patent. trademark or copyright, the Seller shall indemnify aad save hvmless the Purchaser from any and all claims for impalement by reason of fee me of such patented design, device, maternal or process in connection with the contract, and shall indemnify the Purchaser for any eves, expense or damage which it may b, obligd to pay by reason of such infringement at any time during me Prosecution or after the completion of the work. In case said equipment, or any For thereof in the intended use of the gonds, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue wwg said equipment or pan, replace the same work substantially equal but noninfringing equipment, or modify it so it becomes noninfdnging. 15. INSOLVENCY. If the Seller shill become insolvent or WNemp, make an msignmeat for the benefit of creditors, appoint a Em ben or trustee for any of the Sellers property or business, his doctor may forthwith be smacked by the Pvrchaer without liability. 16. GOVERNING LAW. The definitions ofterms used or the io urpretarim ofthe agreement and the rights of all pities hereunder shall be corsoud trader and governed by the laws ofNe State of Colorado, USA. The following Additional Conditions apply only in cams where she Seller is to perform work hereunder, including the servicesof SellersRepresentatives), an the premis. ofothrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and wccptd, and shop, in se of any accident, desnuctiun or injury to me work andror materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchase, When matmals and equipment are famished by alders for installation or.enian by me Seller, the Seller shall receive, unload store and handle mate at the site and become responsible therefor res Nought such materials and/or malignant were being fiunishd by the Seller under me order. 18. WSURANCE. The Seller shall. at his owm expense, provide for the payment of workers compensation, including emanational disease benefits, to its employees employed on or in connection went the work covered by this pmcherse order. mdor to their dependenu in accordance wild the laws of the state in which the work is or b, done. The Seller shall also carry comprehensive general liability including, but not limited to, conceptual and automobile public liability insurance with RWily injury and death limits of at least 5300,000 for any one Person, 5500,000 fen any one accident and property damage limit per accident of 5400,000. The Seller shall likewise quire his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate flat such compensation and insurance haw been provided Such cenificat. shall specify me date when such compensation and insurance have been provided. Such certificates shall specify me date when such compensation lost immmce expires. The Serer agrees Nat well compensation and inuuuance shall be mainmined unto after me entire work u completed and accepted. 19. PROTECTION AGAB4ST ACCIDENTS AND DAMAGES. The Seller hereby assumes the more responsibility end liability for my and all damage, loss or injury of any kind r oppose whatsoever to persons or property caused by or resulting from me execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold homed.. the Purchases and my cr all of me Purehasers m omce, agents and employees from and against my and all claims, losses, damages, harges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be pm or subject by reason of my act, action, neglect, omission or default on the pan of the Seller, my of his convectors, or any of the Sellers or complaints officers, agents or employees. In case any suit or other procemilip shall be brought agalnsr me Purchaser, or its officers, agents or employees at any time on account or by reason of my act, action, neglect, omission or default of the Seller of my of his contractors ar my of its or thew officers, agents or employees as aforesaid, die Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay my and ill costs, changes, aromays fees mad other expenses, my and all judgments that easy he incurred by or obtained against the Purchases, or my of its or their apcm, agents or employees in such swiss m omen pracccdings, and in case judgment or ether Jim be placed upon or obtained against the property ofthe Puchasn, on said patties in or ns a result of inch suits or other proceedings, me Seller will to once cause no mass, to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precauvos, famish and insist] of guarts 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 roles and regulations issued pursasnt thereto. Revised OII2014