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HomeMy WebLinkAbout498349 BANNER CONCRETE - PURCHASE ORDER - 9146679Fort Collins Date: 11/14/2014 Vendor: 498349 BANNER CONCRETE 715 PETERSON ST FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9146679 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: ENGINEERING DEPT-MASON CITY OF FORT COLLINS ENGINEERING DEPT-MASON 281 N. COLLEGE AVE FORT COLLINS CO 80524 Delivery Date: 11/14/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price I Swallow Sidewalk Installation WO Banner-902070-2014 Fairway 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 26,422.28 Total $26 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 exemptions. By statute the City of Fort Collins is exempt from stare and local taxes. Da Exemption Number is I L NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon stria performance of the terror and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised So macs 1971, Chapter 39-26, 114 (a). exercise any rights or remndies Enriched herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofahe design, shall not release the Sella of Goods 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 order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and we not to be replaced except upon receipt of writer Purchaser to insist upon strict performance hareofor any of its rights or remedies as to any such goods, regardless instructions from the City of Fon Collins. of when shippnd, received or accepted, e, to any prior or subsequent default hereunder, nor shall my pumoned oral modification or rescission of this purchase under by the Ptuchaer operate s a waiver of any of the tenor Inspection. GOODS art subject to the City of Fort Collins mutation an arrival. hereof Fhal Acceptance. Receipt of the mcrchondise, smite or cquipmmt in response to his under can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authimmod payment oa the pan of the City of Fort Collin. However, it is to be undmtuud floor FINAL Sella and the Purchases monartix thol in actual axvmomir pries ice, overcharges resulting from antiwar ACCEPTANCE is dependent upon completion of all ,fnble required inspection procedure. violations me in fact home by the Purchases. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Pumhaes any and all claims it may now have or hereafter Freight Terms. Shipments mast ha FOR . City of Fort Collins, 000 Wood St., Fan Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relining to the Particular goods err smite otherwise specified on this order. If permission is can to prepay (might and charge separately, the original freight purchased or acquired by the Purchaser purswtn to this purchase order. bit must uocompany invoice. Additional charges for packing will not be accepted. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Disclose. Where nomfaaumm have distributing points in condo pans of the country, shipment is If the purehaver directs the Seller to correct nonconforming or defecfive goods by a&te to be agreed upon by the expected room the nearest distribution Point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Sella thereafter indicates in inability or unwillingness to comply, the Purchaser shipments are made from greater dou nce. may cause the work to be performd by the most expMitioas memo available In it, and the Seller shall pay all costs associated with such work. Permits. Sella shall powers or sellers sale cost all aaecam, prnnirs, ccrfifacate and liases resulted by all applicable laws, regulations, mdimance and tales i f the state, municipality, ternary m political subdivision where the work is performed, or required by any other duly vacationed public authority havingjurisdiaion over the work of vendor. Seller fuller agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an assened or established violation of any such laws, regulations, advancers, tales and fequiremma. Authoriantion. All parties to this contract agree that the representatives are, in face, bona fide and possess full and ...plate authority to bind said panic. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional tams ad coddions wrom d here. ar inew,mor tad herein by referma. Any mulatoal or diRerem to. and conditions proposed by seller are objected to and hereby rejectd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediaely ifyou cannot make complete shipment to arrive oa yam promised delivery date in noted. Time is office comma, Delivery and performance most be effemad within the time Owed an the purchase coder and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late delivefies, shall operate as a waiver ofthis provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the o nor ofplacing this order elsewhere and holding the Seller liable for damages. However, We Seller shall not be liable for damages us 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 pnontles, fires, stares, flood, epidemics, wars or riots provided that notice of the conditions among such delay is given . the Purchases within five (5) days of the time when the Sella first received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the period egged. the time grandly for by reason of the delay. 3. WARRANTY. The Seller warrants Out all good, articles, materials and work covered by this order will con( with applicable drawings, specifications, samples and/or who, descriptions given, will be fit for the purpasa intended, ad Performed with the highest degree of care and compeknre in accordance with accepted standards for work of a miler nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which firePurchaser may suffer or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make good, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer padod of time as may be pourrib 1 by law or by the tams ofaoy applicable warranty provided by the Sella men the doe of accepantt of me good f island Ircecander (acceptance not to he unreasonably delayed), resulting from imperfect or defective work doge or materials furnished by the Seller. Acceptance or use of goods by the Puchmer shall not announce a waiver ofwy claim under this warranty. Except ss otherwise provided in this purchase order, the Sellers liability hereunder shall extend. all damages proximately nused by the breach of any of the foregoing warrmties or romances, hot such liability shall in no event include lass of pmfics or loss ofuse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchases may make changes to legal arms by women change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the to=, other than legal arms, including additions to or deletions from the quantities anodically ordered in the specifications or drawings, by verbal or warm change odes. If coy such change nRecs the amount due or the time of psuformamc hereunder, an equitable adjustment stall be made. 6. TERMINATIONS. The Purchaser may at any time by woman change order, terminate Nis agreement . or any or all ponios of the gods then not shipped, subject to any equitable adjustment between the panic s to any work or materials the. in progress provided that the Purchaser shall not be liable for any claims for anticip and profits on the uncompletd portion of the goods and/or work, for incidental or consequential damages, and Out no such adjustment he made in favor of the Seller with respem to any goods which are the Sellers standard stock. No such nomination shall relieve the Purchases or the Seller of any of their obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for ad whavent mosn be suited within thirty (30) days form the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. no Seller warrants that all goods sold hereuda shall have bees produced, sold, delivered and famished in strict compliance with dl applicable Wws and regulations . which line goods are subject The Seller shall execute and deliver such documents as may be rcyuizd to effect or evidence compliance. All laws and regulation occurred a be n..clammed in agmano s of this chamwar are hereby moo or ad herein by this redrence. The Seller agrees to indemnify and hold the Purchaser handless from all casts and damages suffered by the Purchases as a result of the Sellers failure. comply with such law. 9. ASSIGNMENT. Neither Parry shall assign, truster, or convey, Was wake, err any monies due or to became due hereunder without the prior wriben resent of the other party. 10. TITLE. The Sella warrens Poll, clear ad amendment tide an the purchaser for all equipment mmenals, and items fumishnd I. pesfoemance of this agreement free cad clear of any and all liens, restriction, resmatm., ucumly interest encumbaance and claims of orders. The Seller shall release the Puchaser and its contractors of any fins from all IidoItry and claims of my ranee resulting from the pert ceofsuch work. This ¢lease shall apply even an Ne event of fault of ncgligmce of the party relcsed mad shall extend to the directors, officers and employees of such party. The Seller's contractual obligations, including warranty, shall rim be deemed to be reduced, in any way, because such work is Performed or caused to he performed by the Pwchow. 14. PATENTS. Whenever the Seller is required to use any design, device, material or proess covered by labor, PatmL tademark or copyright the Seller shall indctmify and wove harmless the Purchaser from any and all claims for infringement by reauv of the use of such Franca deign, device, material or process in connection with the contract, word shall indemnify the Pu.clsaser for any cost expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecmion or after the connotation of Ne work. In rise said ryuapmmt or any ON thereof or the intended se of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the eight . continue using said egto,man Or pans, replace the same with substantially and but whinfringing equipment or modify it so it becomes wninfnndng. 15. INSOLVENCY. If the Sella shall become bsolvent or I akrupt nuke an contingent for the bnefft of creditors, appoint a raderivor or trustee for any of the Sellers property or business, this order may forthwith W canceled by the Purchase, without liability. 16. GOVERNING LAW. The deftninin. of tams used or the inteeprnetion of the agreement and the rights of all panic hereunder shall be command under and governed by the laws ofthe Some ofColomdo, USA. The fallowing Additional Conditions apply only in cases where the Seller is W perform work hereunder, including the srrvica ofSclla, Repnessami ve(s), oa the premises of others. 17. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Seller's own risk it the same is fully completed and and dd, and shall, in ease of any accident destruction or injury to the work aadnr materi before Sellers Fin] completion and acceptance, complete fire work at Seller's own expense and in the satisfaction of be Purchases. When rrtaarins and re, .promt art f isbed by othm for installation car .,to. by the Seller, the Seller shall receive, uolnd, store and paddle same at the site and became ropunsible therefor as though such mmeriaB and/or equipment were being famished by the Sella modes the Oder. I& INSURANCE. The Sella shall, at his own expense, pmAde for the payment of workers compensation, including occupmiowl disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be tone. The Seller shall also carry, comprehensive general liability including, but not IimitM to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,00o for any one person, S500,031) for any one accident and properly damage limit per accident of S400,000. The Seller shall likewise squire his contactors, if any, to provide for such camparmtiw prod insurance. Before any of the Sellers or his commuctom employees shall do any work upon the premiva of others, the Seller along fumish Ne Purchases with a certificate that such compensation all insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such cebifcates shall specify the date when such compensation and incurrence expire. The Seller agrees that such nmpcsation and insurance shall be maintained cad after the more work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby asm. the emirs responsibility and liability for any end all damage. loss or injury of any kind or nature whomever to persons or property caused by or resulting from me execution Of do walk provided for in this purchase odor or in conneUio. herewith. The Sella will Wdemvify and hold harmless the Purchases cad any or all of the Purchasers officers, agents and employees from and against any all all claims, lasses, damages, charge or expenses. whether direct or indirect, and whether an persans or property in which the putcbasa may be par w subject by reason of any act, action, in lue, omission or default on the pat of the Seller, any of his ontractors, Or coy of the Sellers or contractors officers, agents or employees. In rase any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act action, trillion, omission or default of the Seller of any of has commands or my of its or Nair officers, Mount or employees as aforesaid, the Seller hereby agrees to assume rate defense thereof and to defend the tame at the Sellers own expense,. pay any and all ass, chains, s, at.meys fees and order expenus, any and all judgments that may be incurred by or obtained against the Plichser or any of is or their officers, agents or employees in such suits or other proceedings, and in aau judgment or other lies IN, placed upon or obtained almost the property of the Purchaser, or said parties in or as a result of such suits or other procerchap, We Sella will at once couse, the same to he dissolved and diuhargd by giving bond or otherwise. The Seller ad his contractors shall eke all safety precautions, burnish and install all guards woseary for the prevention of .aide.., comply who dl laws and regulation with regrrd to wofary including. but without Inorganic, do, Occupational Safety snd Health Act of 1970 and all rules and regulaaios issud purstmnr therein. Revised 0112014