HomeMy WebLinkAbout498349 BANNER CONCRETE - PURCHASE ORDER - 9147139Fort Collins
Date: 12/05/2014
Vendor: 498349
BANNER CONCRETE
715 PETERSON ST
FORT COLLINS CO 80524
PURCHASE ORDER
PO Number Page
9147139 1of2
This number must appear
on all invoices, packing
slips and labels.
Ship To: NATURAL AREAS
CITY OF FORT COLLINS
1745 Hoffman Mill Road
FORT COLLINS CO 80522
Delivery Date: 12/04/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
t Concrete work at Nix
PER WORK ORDER DATED 8-19-14
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@fogov.com
1 LOT LS
9,482.88
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. COMMERCIALDETAUS.
Tax exemptions. By stature the City of Fort Collins l exempt fmm state and local lazes. Our Exemption Numbs is
98-04502. Federal Excise Tax Exemption Cmificfte of Registry M4 RXX)589 is regicaeed with the Collector of
Internal Revenue, Damon, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39 26, 114 (a).
Goods RePOOL GOODS REJECTED due to failure or meet specifications, either when shipped or due to defects of
damage in transit, may be remmed to you for credit and are not to be replced except upon receipt of wrinen
irstruclions fmm the City of Fan Collins.
Inspection. GOODS are subject to the City of Fun Collins inspection on arrival.
Fiml Acceptance. Receipt of the merchandise, sourrices or equipment in maximum to this order can mull in
enhanced payment on the pan of the City of Fan Collie. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon acradonam ofall applicable required inspection noredum.
Freight Terms. Shipments most be F.O.B., City of Fort Collie, 700 Wood St, Fort Collins, CO 80522, unless
otherwise specified on this order. If permission is given to prepay freight and thea,m separately, the original freight
bill must accompany invmim. Additional charges for Peaking will not h accepted.
Shipment Distance. Where manufacturers have distributing points in varom parts of the country, shipment is
exported from the nearest distribution point to deslinwtioq and excess freight will be deducted from Invoice when
shipments arc made from greater distance.
Permits. Seller shall France at sellers sale cost all necessary permits, reni0catea and licerevs acquired by all
applicable laws, regulations, ondinames and mles of the state, municipality, territory 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 lusher agrees to hold the City Of Fort Collins hornless from and against all liability and loss
incurred by them by reason of an assened our established violation of my such laws, regulations, ordinances, rates
srd requirements.
Authorization. All parties to this contract agree then she representatives are, in feel, bona fde it possess full and
om,am..,badly in bind said parties. -
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the term and conditions stated
herein set fond and my suppam,atary or additional terns and conditions amazed hereto or incorpommd herein by
reference. Any additional or different erms mad meditions pmpwcd by seller are objected to and hereby joned.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date as noted. Time is of the esmnce. Delivery and performance most be effected within the time
stated on the porch., order and the documents atewbed hereto. No acts of the Purchasers including, without
Justinian, acceptance ofpmial late deliveries, shall operate as a waiver of this provision. In the event army delay,
the Purchaser shall have, in addition to other legal and mable comedies, the Optima mf placing dais under elsewhere
and holding the Seller liable far domains. However, the Seller shall not be liable for damages ns a react, of delays
due to causes not reasonably fomceable which are beyond its amancem a central and without its fault ofinglig,nce,
mchavei.fcad acts ofcivii m arilitury amhoriaes.governmental pnmiees. fuel strikes. nand, epidemics, wars.
riots provided that .mice of the conditions causing such delay is given ,a the Purchaser within five (5) days i f,he
time when the Sella fiat received knowledge thereof. In the event of my such delay, the data of delivery shall be
extended for the period equal m the time actually let by ecaam ofthe delay.
3. WARRANTY.
The Seller warrants that all goad, ar la, material and work covered by this order will conform with applicable
drawings, specifications, samples copper order descriptions given, will be fit far the purposes intended, and
performed with the highest degree of core and competence in mcordsom, wilt accepted standard far work of a
similar mlure. The Seller agrees to hold the purchaser homeless from any loss, damage or expense which the
Purchaser may mob or incur on account arrive Sellers breach of warranty. The Sella shall replace, repair or make
good, without cost to the pmchasep any defsax or foul¢ arising within one (q year or within such longer period of
time as may be, retardant by law or by the teams of my applicable waerearty provided by the Sella after the date of
mceplma of the goad famished hereunder (accnptmce not to be cormmnubhy delayed), annulling from imperfect
or defective work done or materials famished by the Sella. Acceptance or nose of good by the Particular shall not
constitute a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sella
liability hereanJer shall extend re all damages proximately caumd by the breach of any of the foregoing warranties
or grammes, be, such liability shall in m even, include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES N LEGAL TERMS.
The Purch.er may, make changes,. legal terra by Written change ender.
5. CHANGES N COMMERCIAL TERMS.
The Purchaser may make any changes to the mans, the, than legal terms, including additions to our dolmans from
the gmnnitics originally ordered in the specifications or drawings, by verbal or written chmm.,do, Harry such
change affects the amount due or the time ofpenfomnmce hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may in any time by winners change order, terminate this agreement as to any or ell amnions of the
goods then nat shipped, subject to any equitable adjustment between the parties as to any work or materials then in
progress provided that the Pardoner shall not be, Inaba for any claims for anticipated profits on the uncompleted
Portion of the good aneor work, for incidental or consequential damages, mtd that no such adjustment be made in
favor of the Seller with mpmt to any good which are the Sellers sandand stack. No such termination shall relieve
the Purchases or the Seller crony of their obligations as to any good delivered hereunde.
Z CLAIMS FOR ADJUSTMENT.
Any claim for adjustmenn must be smarted within thirty (30) days from the date rate change or mrtnimtion is
ordered
B. COMPLIANCE WITH LAW.
The Seller warrants the, all goods sold hereunder shall have been produced, sold, delivered and furnished in strict
compliance with all applicable laws and regulations to which the good arc subject Th, Seller shall execute and
deliver such do eadmis as may be required to effect or evidence compliance. All awn and regulations,ryuined to be
unconsecrated in agreements of this character am hereby ieconpom,ed herein by this reference. The Sells agrees to
indemnify and hold the Purchaser harmless firm all cents and damages suffered by the Purchaser as a mull, of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, uansar, or convey this order, an my monies due or to become due hereunder without the
prior written consent offs, other parry.
10. TITLE.
The Sella wana ds full, clear and constructed title to the Purehaer for all equipment, materials, and items famished
in performance of this agreement, fen and clear of my and ell Bean, restrictions, motivations, security moral
owumbrmces and claims afo ac
11. NONWANER.
Failure of the Purchaser Ins insist upon strict performance of the arms and conditions hereof, failure or delay to
exceisc any rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a
breach, the acceptance ofor payment for goods hereunder or approval ofine doing., shall not release the Seller of
any of the warrmties or obligations of this purchase order and shall ism he deemed a waiver of any right of the
pmchasn to insist upon shirt par mennre hereof or my of its rights or remedies as to any such goads, regardless
of when shipped, received or accepted, ex as my prior or subsequent default mummer. not shall my paramount
oral mmaifleaaon or nomissim Of this p.h— order by the Purchaser operate as a warner of any of the tames
homer.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognise then in acmnl economic reactive, merchinges mulling fmm mtimnt
violations are in fact home by the Pumhasa. Theretofore, fen good came and as consideation for executing this
purchase under, the Seller hereby assign to the Purchaser any and all claims it may now have or hereon.
acquired under federal or state antitrust laws for such overcharges relating to the annular goads or services
patented or acquired by the Purclvv pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to Ise 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 a be performed by the ..at expeditious means available to it, and the Seller shall pay all
roils aasmmuct with such work.
The Seller shall release the Pummor and its contractors of any tin fmm all liability and claims of any nature
welting from the performance of such work.
This release shall apply even in the event of fault of negligrnce of the pray released and shall extend to the
dimetors, officers and employees of such party.
no Series contmeual obligations, including warranty, shall not be domed to be reduced, in any way, because
such work is performed or caused he be porknmed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, mmcriel on process covered by lean, patenl. trademark
cepynght, he Sella shall indemnify and save hi nmless the Parelmser from any and all claims fen augmentation,
by reason of the use of such patented design, device, material or process in connection with the contract, and
shall indemnify the Purchaser for any cast, expense our damage which it may be obliged to pay by reams of such
infringement at any time during the prommilion or net the completion of the work. In case mid equipment. or
any pan thermf or the intended arse of the goods, is w such suit held to mans,iNte iM-ngement and the use of
mid mquipmenl or pan is enjoined, the Seller shall, at its own expense and at its option, either pmcare for the
Purchaser the right to continue using said equipment or pens, replace the mine with substantially equal but
noninfringing equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall became insolvent or bank r 1, make an assignment fen the benefit of creditoes, ep, ,an a
move, or comma for my of the Sellers property or business, Nrd Nisi, oer may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
no defnrowns, of.. used or the innalme trios ofthc namormal and the rights.fall penis hercander shall is,
...ad ender and governed by the laws afthe State of Colorado, USA.
Ile following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including den s rmiea of Sellers Roprtxotativea, on the %erases of others.
17. SELLERS RESPONSIBILITY.
The Sells shall carry on said work an Sol]&, own risk until the more is fully completed and accepted, and shall,
in e of any accident, destruction or injury. to the work anent materials before Sellers final completion and
acceptance, complete the work at Sellers own oxpntse and to the satisfaei.n Of the Purchaser. When mmmals
and equipment are famished by others for installation or erection by the Sella, the Sella shall receive, unload,
score and handle same at the site and become mponsible therefor as drought such materials anemr equipment
were being fiunishst by the Sella under the order.
IS. INSURANCE.
The Seller shall, a, his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work coverts by this purchase under,
aneor to their dependents in accordance with the laws of the stem in which the work IS to be dune. The Seiler
shall also many comprehensive gmeml liability including, but not limited to, commnual and automobile public
liability insurance with bodily injury and death limits of at kn9 $300,000 for any one person, $500,000 for any
one accident and property damage limit per accident of S400,000. The Seller shall likewise require his
contractors, if any, to povde for such compensation and insurance. Before any of the Sellers or his annimaues
employes shall du any work upon the promim of others, the, Sella shall famish the Pmchum with a comficam
that such compensation end ias.—. have been provided. Such ceetificatex shall specify, the date what such
compensation and Insurance have been provided. Such certificates shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be moia mined until after the
entire work is completed mud accepted.
19, PROTECTION AGANST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage loss or injury army kind
or nature whatsoever to persons or property caused by or resulting from the execution oftha work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harness the Purchaser and any
r all of the Pumbaurs oRcers, amnia and employees farm and against any and all claims, losses, damages,
charges or exparm, whether direct or indirect, am whether to Persons at pmpnry to which the parehea may
be put or subject by turnover of any act, action, neglect, omission or default on the par of the Seller, my of his
contractors, or any of the Sellers or contractors officers, agents or employees. In cam any suit or other
proceedings shall be brought against he Pumhasm or its offices, agents or employees at any time on account or
by region of any ac, account, neglect, omission or &mull of the Seller of may of his camradors or any of its or
their officers, opera or employees as afoeemid, the Sella hereby agrees to assmne the defense trained and to
defend the same in the Sellers own expense, to Pay any and all occurs, charges, attomays fens and ether expenses,
any and all judgmrnts that may be ineured by or obtained against the Purchaver or my of its or their officers,
agents or employees in such auita or other proceedings, and in cam judgment or other lien be placed upon or
obtained against the prosany of the Frachasec, or mid parties in or m a result of such suits or other proceedings,
the Seller will at mac came, the more to be diuolved stud discharged by giving band or otherwise. The Seller and
his comments shall take all safety precautions, forma and install all guard nx,ssary for the prevention of
accidents, comply with all laws and annotations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rates and regulations issued p omen thereto.
Revised 07n014