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HomeMy WebLinkAbout498349 BANNER CONCRETE - PURCHASE ORDER - 9147016Fort Collins Date: 12/0112014 Vendor: 498349 BANNER CONCRETE 715 PETERSON ST FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9147016 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS CO 80521 Delivery Date: 12/01/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price City Park Red Bridge Approach 1 LOT LS 6,400.00 Ramps PER WORK ORDER DATED 11-25-14 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.00m 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 L COMMERCIALDEfA1LS. Tax exemptions. By statute the City of Fort Collins is exempt from spite and local taxes. Our Exemption Number 4 11. NONWAIVER, 98-04502. Federal Excise Tux Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sutures 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure m promptly notify the Seller in the even, of a breach, the acceptance of or payment for goads hereunder or approval of the design, atoll not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the wa ommies or obligation, of this purchase order and shall not be deemed is waiver of any right of the damage in transit, may be returned to you for credit and are rot to be replaced except upon receipt of wrinen Purchaser to insist upon strict pert e, hereof or any of its rights or remedies as to any such goods, regardless in,tructioas Rom the City of Fort Collins. of when shippol, receivd or accepted, as many prior m subsequent default herernnder, nor shall any purposed oral modification or rescission of this pmchae order by Ore Purchaser operate Or a waiver of any of the terms Inspection. GOODS are subject to the City of Fos Collins impaction on ar val. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in romame to this order can result in 12. ASSIGNMENTOF ANTITRUST CLAIMS. authorised payment oa the port of the City Of Fan Collins. However, it is to be understood Nat FINAL Seller and the Purchnur recognize Out in moral economic pramice, ovechmges resulting fen antitrust ACCEPTANCE is dependent open completion of all applicable required inspection procedures. violations are in fact from by the Purchaser. Theretofore for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tam¢. Shipments most be F.O.B., City of F. Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired Order Salami or shire antitrust laws for such overcharges relating to the particular goods Or services Otherwise specified on this order. Upermission is given to propty freight and charge separately, the original freight purchased or acquiral by We Purchaser pursuant to this purchase order. Nil most accompany invoice. Addidowl chances for tacking will not be compred. Shipment Distaace. Where ..of.. have distributing paints or sarmus parts of the country, shipment is expected firm the mmesl distribution point m dcstimtion, and excess freight will be deducted frown Invoice when shipments are made Rom grwter distance. Permits. Sella shall procure at sellers sole cast all necessary permits, ce fifiamca and licenses required by all applicable laws, regnla ens. ordinances and mles of the state, municipality, temmry or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Port Collins harmless Rom and sulphur all liability and loss incarmd by them by reason of an mused or eamblishd violation of any such laws, regulation,, ordinances, rules and requirements. Andoursomoa All panics to this common agree that de representatives ate, in fact, bout fide and possess full and complete authority to bind said Isartles. LIMITATION OF TERMS. This Purchase Order expressly limits mcep. to the toms and conditions added herein set forth and any supplementary or additional terns and conditions annexed hereto or incorporated herein by reference. Any additional or different how, and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCI LASING AGENT immediately if you cannot make complete shipment to r rive an your premised delivery dare as .mad. Time is of the essences Delivery and pedasmance most be official within the time stated on the pmchssia order and this, documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of flux provision. In the wait of ary delay, Me Purchaser shall have, in addition to other legal and equitable mdrahl , the option of placing this order elsewhere and holding the Seller liable for 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 reasormble control and without is fault of negligence, such acts ufGad, acts ofcivil or military norhodties, governmental priorities, fires, strikes, Rood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller for received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by motion ofthe delay. 3. WARRANTY. The Seller warrants Nat all &rods, asides, materials and work covered by this order will of. with applicable drawings, specifications, samples aMlof older descriptions; gran, will h fit for de purposes ..tied. and performed with ere highest degree of cure and competence in accordance with accepfd standards for wask of a similar mare. The Sella agrees to hold the purchaser harmless fen any loss, damage Or expense which the Purchaser may suffer or incur on account of ere Sellers breach of warranty. The Seller shall replace, repair or make grad, without cost to the purchaser, any defects Or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by Me terms of any applicable wammty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not m m unreasonably delayed), resulting fmm impeder, or defective work done or materials fomished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim order this we.,. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proxitmrely mused by Me breach of any of But foregoing worrmums or grommucs, but such liability shall in no event include loss ofprofis or lots of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purehasa may make changes to legal to. by wrinen change order. 5. CHANGES IN COMMERCIAL TERMS. The Pmchaser may make any changes to the terms, other than legal mom, including additions to or deletions from the qumtides originally ordered in the specifications or drawings, by vefbal or written change order. If any such change afTects the amount due or the time ofpaformance hereunder, an equitable adjustment shill b, made. 6. TERMINATIONS. The Puchaser may or any time by written change dean, terminate this agreement as to any or all lamps of the goads then not shipped, subject o any equitable adjrmmem between Me pasties as to any work or materials then in progress provided that the Purchaser, shall not Na liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Pumhoser ar the Seller oF.y oftheir obligation, m many goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within Mirty (30) days from the date Ne change or lamination is Ordered 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold herewder shall have been produced, sold, delivered not fumhhd in strict compliance with all applicable laws and regulmlom to which the goods are subject. The Seller shall execute and deliver such documents as may has required to effect or evidence compliance. All laws and regulations required to be ncoTorated in agreements of this character we hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Purchaser as a result of the Sellers failme to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or comay this dNer, or my marries due ar to become due bereander without the prior w own comtnt ofthe offer parry. 10. TITLE. The Seller warru rs full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished n performance of this agreement, free and clear of any and all Item, resnicridns, reservatims, security interest ou curalmoreas and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goads by a date as b, agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser may worse the work to be performed by the most expeditious nream available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any per 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 Me party released and shall extend to the directors, officers and employees of such past'. The Sellers contractual obligation,, including warranty, shall not be deemed to be reduced, in any way, became such work is performed or wuxd to W performed by the Purchaser. 14. PATENTS. Whenever ere Seller is required to use any design, device, material or process covered by levee, patent, trademark r copyright, the Seller shall indemnify and save harmless the Franchiser fmm any and all claims for infringement by remain of the use of such patented design, device, material or process in connection with the contract, and shall indemnify ere Purchaser for any cost, expense or damage which it tiny be obliged to pay by reason of such infringement at any lime during the psosmmion at after the completion of Me work. In tam said equipment. or any part thereof or ere mraidad use of the goods, is in such suit held to comtitum infringement and the use of said equipment or Wn is inquired, ere Sella Ant). at its own expense and at is option, either Fracture for the Purchaser the right to continue using said equipment at pars, replace the same with substantially equal but nrniaMnging equipment, or modify it so it becomes nomnfdnging. 15. INSOLVENCY. If the Seller shall become insolvent or baNempt, make an assignment for the benefit of creditors, appoim a or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions offerms nosed of We interpretation ofdfe agreement and the rights ofall parties hereunder shall be maswed under anal governed by t, laws ofthe Sure ofColomdo, USA. The following Additional Condition, apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represemhilive(a), oa the premises of.the s. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Seller's awn risk until We some is fully completed and accepted, and shall, in case of any accident, destruction or injury to Me work mdlor materiils before Sellers Brad completion and acceptance, complete the work at Sellers own expense and to the antiabortion of the Purchaser. When materials and expripmmr are furnished by others for installation or erection by the Seller, the Seller shall native, unload, smre and handle same of the site and became responsible Nerefm as Waugh such materials andor equipment were being furnished by the Seller under the order. I S. INSURANCE. The Sella shall, at his own expense, provide for ere payment of workers compensation, including occupational disease b su fta, to its employees employed on or in connection with the work covered by this purchase ordcn andfor to their 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 including, but of limited to, contractual and automobile public liability insurance with bodily injury and death Irmits of at least S30O." for my one person, S500,000 for any out accident and property, damage limit per accident of S400,". The Seller shall likewise require his commuters, if any, ro provide for such campcmation and imumnce. before tiny of the Sellers Or his comiscmrs employees shall do my work upon the premises of orders, the Seller shall furnish the Purchaser wiN a c ffiftwte Mat such compensation and insurance have been provided. Such certificates shall specify ere date whom such compensation and insurance have been provided. Such coat tiara shall specify the date when such compensation and insurance expires. The Sella agrees that such compensation and iasmmee shall be maintained until after the entire work is completed it incepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or do., of my kind or nature whensoever to person, or property caused by or resulting fmm the execution of me work provided for in this purchase order or in connection hnewith. The Seller will indemnify and hold harmless the Farmhouses and any or all of the Purchasers officers, agents and employees from and against any end all claims, losses, damages, charges or expenses, whether direcr or indirect, and whether to persons or property m which We Purchaser may be put or subject by reams of my act, action, neglect, omission or default on the part ofthe Seller, any of his comm on, or any of Me Sellers or contractors officers, agents or employees. In coa, my suit or other prmeciings shall b<brought against the Purchaser, or is officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of Me Seller of any of his contractors or any of its or their oRcan, agents or employees as aforesaid, the Seller hereby agrees to assume the def Wemof and to defend the same at Me Sellers own expense, to pay my and all casts, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against Me Purchaser or any of is or their officers, agents or employees in such suits or other promdings, and in case judgment or other lien be placed upon or obtained against Me property ofthe Purchaser, or said parties in or as a result of such suits or other procedings, the Seller will at ode time the same to be dissolvd and charbroiled] by giving band as otherwise. The Seller and his contractors shall take all safety positions, famish and msull all guards naessary, for Me prevention of ccidens, comply wida all laws and regulation, with regard to safety including, but without limitation. Me Occupational Safety and Health Act of 1970 and all rules and regulation, issued pursuant thereto. Revised 072014