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HomeMy WebLinkAbout498349 BANNER CONCRETE - PURCHASE ORDER - 9147008PURCHASE ORDER PO Number Page Cityof/� 9147008 1of2 ' `} Collins l'„C This number must appear �.I ` 1 1�7 on all invoices, packing sli s and labels. Date: 12/01/2014 Vendor: 498349 BANNER CONCRETE 715 PETERSON ST FORT COLLINS CO 80524 Ship To: ENGINEERING DIVISION CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS CO 80521 Delivery Date: 12/01/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price t Pedestrian Plan/ADA WO #05-BAN400903700-14 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 8,700.00 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. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is I1. NON WANER. 98 04502. Federal Excise Tax Exemption Ceaificare of Registry 84-6000582 is regimered with fie Collector of Failure of be Pumhaxr to insist upon strict performavice of the terms =d conditions hereof, failure or delay to burned Revenue, Denver, Colorado (Ref. Colorado Revised Snaps 1973, Chapter 39-26. 114 (a), excrcix any rights or remedies provided here. or by law, failure a promptly notify the Seller in be evmt Of. breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifeutions, either when shipped or due an 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 monsit, may he remind to you for coedit and art not in be replaced ear", upon receipt of armum purchaser to insist upon stairs perfommce himb fm any of its rights or remedies as to my such goods, tegmdlev instructions from to City of Fort Collins. of when shipped, received or acrepted, as to any prior or subsequent default hereunder, nor shall my Imported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS me subject to the City of Fort Collins inspection an artival, hereof. Final Acceptance. Receipt of fie machinist services or equipment or real. m this order can re,uh in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from commust ACCEPTANCE isdependentmon completion ofallapplicable required inspection procedures. s,miaions are in fact brow by the Pumhaaa. Theretubm, for Wod cause and as consideration for executing this purchase order, the Seller hereby assigns or the Purchaser my and all claims it may now have or hereafter Freight Tams. Shipments must be F.O.H. City of Fort Collins, 900 Wood St, Fort Collins, CO 80522, mless acquired under federal he sate ntlmat laws far such ovachar es relating to the Formal. goods or sm'ices mhawise specified on this order. Up nnission is given to prepay freight and change separately, the original Ireighl purchased or acgpired by be Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges far packing will not be accepted. 13. PURCHASERS PERFORMANCE SELLERS OBLIGATIONS. is Shipment Distance Where manufacturers ovediitutio,sued main various Wlie ofthe rouxon Ifthpure Pserand rdireller, Seller tocarxmtwmnnformingmdbilitygoods byadte tobeply,tupon bythe ma Invoice fmm the distribution port m destitution, and excess freight will be deducted fmm Invoice when Purchaser and be Seller, be Seller thereafter indicates its inability u unwillingness a comply, fie Purthmel from distn shipments am made from greater distance. shipments may cause the wank m be performed by the rams expeditious mews available to it, and the Seller shall pay all e p fo costs associated with such work. Permits. shall procure at sellers sole cost all necessary permits, ceninwres ard lieensas required all w e I or political subdivision when applicable lases, regulators, odimnccs and roles of tcrc sate, The Seller shell the Purhaser wd its convenors of my tiff fmm all liability end claims of any nvturc Thirty d public having ains over the work the work is performed, or required by any other duly public resulting from the mace of such work. a por shorn Fort Collinsed ws fiery of vendor. Seller agrees m hold the City Of Fart Coharmless fmm and against all liability and loss incurred by Nam by reason of an assented or established violator of my such dews, regulations, ordinances, roles by ass This release stall apply awn is the even,of fault of negligence of fix, parry relcamd and shall extend to the and requiremenm. dhecrors, officers and employees of suchch party. Aurltonzatma All panics 10 Nis contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind and panics. LIMITATION OF TERMS. TO, Purehax Other expressly limits acceptance to fie xmu and conditions stated herein set forth and any supplementary or additional macs and conditions mowed hereto or incorporated herein by reference. Any additional or different rams and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedimely if you cannol make complete shipment to arrive con your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on be purchase order and the documents attached herem. No acts of the Purchasers including, without limitation, acceptance ofpamisl late deliveries, shall operate as a waiver afthis PawwiOn. In the rent ofew delay, the Purchaser shall have, in addition to other legal and ryuitable mncdics, be option ofplocing this order elsewhere and holding the Seller liable for damages. Howsra, the Seller shall not be liable for damages as a resair of delays due to causes nut reasonably favorable which are beyond its reasonable control and without its fault of negligence, such was of God, acts fcivil ar military mthorities, governmental pncrities, fares, stokes, rood, epidemic, wars or riots provided for notice of the conditions, causing such dday is given to the Purchaser within five (5) days of fie time when the Seller first received knowledge thereof. In the event of my such delay, the dale of delivery shall be extended for the period equal to fie time actually lost by reason ofthe dday. 3. WARRANTY. The Seller warrants that all goods, amities, materials and work covered by this order will confirm with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with be highest degree of Care and competence in accoNnce with accepted standards for work of a similar nature. The Seller agrees a hold the purchaser harmless fmm any loss, damage m expense which the Purchmer may sufferer incur on account ofthe Sellers breach of wamnry. The Seller shall failure, repair or make gad, without cost to the purchoser, any defects or faults owing within one (1) year or within such longer period of time m may be prerecorded by law or by be trams of any applicable waraaty provided by the Seiler aRr the date of acceptance of the good famished hereander (acceptance not to be unreasonably delayed), resulting fmm imperfect or defecrive work done or materials famished by the Sella. Acceptance or we of good by the Purchaser shall Or constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunda shall extent to all damages proxinatdy caused by the breach of my of the foregoing warranties or guarantees, but such liability shall in an event include loss admi is or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The puxhaxr may make changes to legal terms by woman change oda. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tame, other than legal tame, including additions to or deletions from the quantities originally ordered in the specifications at drawings, by verbal u women change order. If my such change affeca the amount due m be time ofperfommre hereunder, an equiable adjustment hall be made. 6. TERMINATIONS. The Purchastt may at any time by written change order, xmira , this agreement as a my or all premium of the ,Or& ton not shipped, subject to any extricable adjustment between the pniea m to any, work or materials Nen in progress provided that the Purchaser shall not be liable for any claims for anticipated profts on the uncompleted ,man of the 60o& and/or work, for incidenml a coasequntlal damages, and that no such ashmment be made in favor of fe Seller with respect to any goods which are the Sellers sanded stock. No such temiwtion shall relieve the Purchaser or the Seller of any oftheir obligations no in any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assumed within thins (3o) days from be date the change or termination is odtted. 8. COMPLIANCE WITH LAW. The Seller wanaws Nat all goods sold hereunder shall have been produced, sold, delivered and bilateral On strict compliance with all applicable laws and re mli tiom a which be goads ore subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees m indemnify and hold be Purchaser harmless fmm all casts and damages suffered by be Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pray shall assign powder, or convey this maker, or any monies due or to become due hereunder without be prior women consmr ofhe other parry. 10. TITLE, The Seller wmtmn pill, clear and unrestricted till, to the purchaser for all Brims r, materials, and it. famished in pcAumc arc ens a of this garum, free and clear ofmy and all li, uourmti iclim. reuna.m. mainly pretreat mws ctsmbrceend claims of of era. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is pafamed or ..it to be performed by the Pmchaxr. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by icura, patent, tradenmrk or copyright, the Seller shall indemd(y and save harmless be Purchaser fmm my and all claims for infringement by reasm of the sew of such patented design, device, material me process in romeclim with the eamtrnl, =d shall indemnify be Purehmer for any cost, expense or damage which it may be obliged to pay by mason ofsuch infringemem at any time during the onsormum Or alter the completion of the work. In case said equipment, or my pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pert is enjoined the Seller shall, at its run cataracts, arm at its i ptiaq either procure far the Purchaser the fight to continue using said equipment m pans, replace the same with si bsamielly equal but nontafringing equipment, or modify it so it becomes nominfringing. 15. INSOLVENCY. If the Seller shall become imolvent or bmA pL make o assignment for be bear of creditors, appoint a receiver or aware for my of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of term used or the interpretation ofthe agreement and the rights of all panties hereunder shall o onspued under rid governed by the laws ofthe Sate ofColomdo, USA. The following Additional Conditions apply Only in caras where be Seller is to perform work mumbler, including the services of Sellers Representative(s), ou the premises ofoNem. 12. SELLERS RESPONSIBILITY. The Seller shall may an said work at S,Ilees own risk pail the some is fully completed and accepted, and shall, in u of my accident, destruction or injury m be work and/or materials before Settees final completion and eceptance, complete the work at Seller's own expense and m the satisfaction of the Purchaser. When materials and equipment are furouhed by others for installation or erection by the Seller, the Seller shall receive, =load, mare and handle same m be site and become responsible barb, as though such mmaiaB ord/o equipment were being famished by be Seller =da the order. 18. INSURANCE. The Seller shall, at his awn axpetme, provide fro be payment of workers compensation, including Occupational disease benefits, to its employees employed an or in connection with the work coverai by this purchase ceder, and/or to then dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability mcludm,. but not limited to. contractual and automobile public liability inamorce with bodily injury and deaf limits of at least S300,000 for my one person, S500,000 for any one accident and property damage limit per accident of $aW,IgO. The Sella shall likewise require his contractors, if my, to provide for such compensation and insurance. Before my of the Sellers or his contactors employees shall do any work upon be premises of others, the Seller shall burnish the Purchaser with a retificane that such campemtion and insaonce have been provided Such arti0cata shall specify the date when such compensation and inamaance have them provided. Such cmineares shall specify the dale when such compensation and nmurance expires. The Seller agrees that such compensation and insurance shall be maintained ..,it a0tt the entire work is completed and accepted. 19. PROTECTION AGAfls f ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire respero bilily rand liability far my rid all damage, loss or injury of=y kind or nature whatsoever to persons or property caused by or resulting from be execution of the work provided for in this purchase order or in cormectiom herewith. The Seller will indenmity and hold bamlcss the purchaser=it any m all of the purhasers mliac ,agents and employers from and againt any and all claims, losses, damages, charges or expenses, whether dime or indirect, and whether to persons or property to which be purchaser may be put or subject by reason of any act, action, neglect, omission or default an the pan Of be Seller, my of his omractors, a my of the Sellers or contractors oficm, agents Or employees. In sax any suit or other pmceedinp x1rall be brought against the Purchaser, or is offic ps, agents or employees m any time on account or by reaxn of my ar, ... neglen, omission fir default of the Seller of any of his commctvrs or any of its or their olEcers, agents or employees m aforesaid. the Seller hereby agrees to msume the defense thereof and to defend the same at the Sellers awn expense, a pay any and all cams, charges. anomcys fees and other expenses, any and all judgments that may be incurred by err obtained against the Purchaser or my of its or Neu oRcers, agents or employees in such suits ar other proceedings, and in case judgment or other lien be placed upon or obtained against the property of be Purchaser, or said patties in or as a result of such suits or other proceedings, the Seller will at once cause be same to he dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall age all safety precautions, famish and wall all guads necessary for be preeentir of accident, comply with ell laws and regulations with regard to safety including, but wifout limitation, the Occupational Safely and Health Act of 1990=it all rules and regulations issued pursuant thereto. Revised 02R014