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HomeMy WebLinkAbout498349 BANNER CONCRETE - PURCHASE ORDER - 9143907Fort Collins Date: 12/05/2014 Vendor: 539869 VOGEL CONCRETE INC 6330 S COLLEGE AVE FORT COLLINS CO 80525 PURCHASE ORDER PO Number Page 9143907 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 07/11/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 5 2014 SMP CONCRETE CONTRACT Change Order 2 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 i I I 165 -' 17,779.95 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 I'am Collins is exempt from state and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. padded Excise Tax Exemption Certificate of Registry 84-6000587 is regismial with the Collator of Failure of the Purchaser to insist upon strict performance of the terns and conditions hereof, failure or delay m Inremal Revenue, Denver, Colorado (Ref. Colorado Revised Sumtcs 1973, Chapter 39-26,114 (a). exercise any rights or ¢medics provided herein or by law, failure to promptly notify the Seller in the evcm of a breach, the acceptance of or payment for goods hereunder or approval ofrhe design, shall out release the Seller of Goods Rejected. GOODS REJECTED due in failure m men specifcatime, either when shipped or due to defers of any of the womaties or obligations of this purchase order and shall not he deemed a waiver of my right of the damage in nunsit, may be returned to you for credit and are Out to he replaced axcept upon redraft of wrinen purchaser to insist upon strict performance hemafor any if is rights ordered iea tam any such goods, regardless instructions fore Be City of For Collins. of when shipped, received or accepted, in; to any prior or subsequent default hereunder, nor shall any puryorted oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms Inspection. GOODS am subject to the City of Fan Collins inspection on ancient, hereof. Final Acceptance. Receipt of me merchandise, services of equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on rise pan of the City of Fort Collins. However, it is to he undarmand Nat FINAL Seller and the Purchases recognize that in actual a m is practice, overchmger resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable requital inspection procedures. violations are in fact tame by the Producer. Theretofore, fair good cause and Or wuiderano r for caauting this purchase oMer, the Sella hereby maigns to the Purchaser any and all claims it may now have or hneafter Freight Terms. Shipments mast be F.O.B., City of Fort Collins, 7M Wood Sf., pan Collins. CO 80522. unless acquired under federal or state antitrust laws for such overclurges relaring to the particular good or services otherwise specified on this order. Upermission is given be prepay freight and charge sepmakly, fie original freight purchased ar inquired by the purchaser pursuant to this purchase oMer. bill must accompany Invaice. Additional charges far packing will rat be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Wheanal manufacturers have distributing points in variorefight pane of sntry,can on,te erreet n ourach or defective by a dare to be agreed by tM1e direcs the m lrffi,prod race. I voice when to destitution, and excess freight will be deducted from Invoice when expected from Om nearest distribution d snand ducted expand from dSeller a Pn cedandPurchase, abiliyor unwillingness to comply, the Purchaser, l fter indicates is inability and the Sell,, and the Sellerythe bounce. shipments art made from greats alisfanCe. va by the most expeditious means available m it, and the Sella shall pay all may cause the work m be most my caux orfomrd casts csorivted coned such work. Permits. Seller shall procure or sellers it cast all maessery permits, di ifcares and Itccnscs required by all applicable laws, regulations, ordinances and rules of the state, municipality, tam my or Political subdivision where the work is performed, or required by any other duly constituted public authority havingjmisdiction over the work of vendor Seller further agrees to hold the City of For Collins harmless from and against all liability and has incurred by them by reason Oran asserted or established violation of any such laws, regulations, ordinances, mles regnirements. Auth miratum. All panics Ire this contract agree that fe remdddmives are, in fact born fide anal possess fall and complete authority to bind said panic. LIMITATION OF TERMS. This pumbe c Order expressly limits acceptance to the terms and conditions social herein set forth and any supplementary or additional terns vad conditions annexed hereto or incorporated herein by reference. Any additional or i inerat tours and conditions pnmsased by seller are objee¢d Ire and hereby rejaled. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou carrot make complete shipment to arrive on your promised delivery dam as noted. Time is of the assmce. Delivery and performance minor he effened within the time stated On Be purchase order and the ducumens drachal harem. No acts of the Purchasers including, without limitation, acceptance almond late delivend, shall operate as a waiver of this Provision. In fire event of any delay, the Puchaer shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding oho Seller liable for damage. However, me Seller shell 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, acer ofcivil or military authorities, govemmenfal priorities, Gres, strikes, Bond, epidemics, wars or fiats provided tMcausing t notice of the conditions using such delay is given to the purch ncr wifin Eve (5) days of the time when the Sella fast received knowledge thereof In me event of my such delay, this, date of delivery shall be extended for the Ended equal to Be time actually lost by reason close delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, sample maim, other descriptions Given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar came. The Seller agree Ire hold me pu chaser harmless Imo any loss, damage or expense which the Purchaser may suffer or imur on account of the Sellers breach of wamnty. The Seller shall replace, repair or make good, without cost to fin, purchaser, any defects or faults ansing within one (1) year or within such longer period of time raw may be pramTibed by law or by the mom army applicable warranty provided by the Seller after the date of acceptance of the goods finished hereunder (acceptance nor to he mrreasmmbly delayed), resulting from imperial or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as mherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of One foregoing wo radar, or guamutim, but such liability shall in no event include loss of profis or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The purcM1vsn may make changes to legal terms by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the rams, other than legal terms, including additions to or deletions from the 9namums originally ordered in the specifications or drawings, by verbal or written change order IIany such change offcs the mount due or the time ofperf once hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, mrrimm this agreement as to any or all portions of the good then net ship*. subject to any equitable adjustment between the parties as many work or materials fen in prugess provided that Be Purchaser shall not be liable for any claims for mticipmed profits an 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 wbich are the Sellers mmdad stock. No such termination shall relieve the Purchaser or Be Seller ofany of their obligations aw to any goods delivered hereunder. q. CLAIMS FOR ADJUSTMENT. Any claim for ad earrown must be asserted within dirty (30) days from the dam she change or lamination is omnm. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have ban produced, sold, delivered and famished in strict <ompli. with all applicable Iowa and regulations to which the goods are subject. qhe Sell, shall estate and deliver such documents as may he required to effect or evidence compliance. All laws and regulations required to be incorporated to squadrons of this character are hereby incorporated herein by Nis refit.. The Seller agrees or indemnify and hold the purchaser harmless farm all sass and damages mimed by the ParM1aur as a result of Be Sellers failure m comply with such law. 9. ASSIGNMENT. Neither party shall usilm number, or convey this order, or any manias due or to became due hereunder without the prior wroom consent of$, affected, 10. TITLE. The Serer wo ms fan, clear and unrestrietedti0em me purchaser to, at equipment. materials, and it. famished in performance of this agreement, free and clear of my and all liens, restrictions, mcradans, security ificrest encumbrances and claims ofoNers. The Sella shall release the Purchaer end its cmnmdors of my tier, from all liability and claims of any metre exulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party relemed and shall extend to the directors, alBcers and employers ofsuch party. The Sellers courn.l obligations, including se. , shall at he dames m be reduced, in any way. because such work is performed or caused to be performed by rise Purchaser. 14. PATENTS. Whenever the Sell, is required to tow any design, device, material or provess covered by ]am,, patent, trademark or copyright, the Seller shall indemnify and save harmless the Punehaaer from any and all claims for infringement by reason of the use of such pamnted design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason clinch infringement at my time during the pmsccution or after the completion of the work. In case said equipment, or any pan thadd or due intended use of the goads, is in such suit held I. duration, infringemem and the use of said equipment to pan is enjoined, the Seller shall, in its own expense and at its option earlier immune for Be Purchaser the right to continue using said equipment or parts, replace the same with substantially egml but noninfringing equipment, or modify it so it becomes noninfringing. 15, INSOLVENCY. If the Seller shall become insolvent or baderupt, make an assignment far the benefit of creditors, appoim a raciver or s mme for any of fior e Sellers property bmma luess, this order y foMwios he canceled by the Pummord William liability. 16. GOVERNING LAW. The definitions of tends used or the interpretation ofthe agreement and the rights ofall parties hereander shell be combined under and govemed by the laws of the Stare of Colorado, USA. The fallowing AddiriOml Conditions apply only in do. when, the Seller Is to perform work hMundec. including the amides of Sellers Representativdi), on the premised aromas. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said were at Sellers own risk unfit fie same is fully compinal and accepted, and shall, in u of any accident damnamad or injury to the work and/or materials befott Sellers final completion and ccepmnce, complete the work ail Sellers awn expense and to the satisfaction of the Pmchuer. When materials and equipment are finished by others for installation or erection by Be Seller, the Seller shall receive, unload, stare and handle same of the sim and tom me responsible therefor as though such nuterials andim equipment were being famished by tlfe Seller under fie muld. 18. INSURANCE. The Seller dull, in his own expense, provide for the payment of workers compenution, including Occupational disease benefits, to its employees employed on or in connection with the work Covered by this purchase order, and/or to their dependens in accordance with the laws of the stare in which Be work is an be done. The Seller shall also any comprehensive general liability including, but not limited to, communist and automobile public liability assurance with buddy injury and deaf limits of at least S300,0100 for any one person, S500p00 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if my, so provide for such compensation and tremaince. Before any of fie Seller or his contractors employees shall do my work upon the premises of ofen, the Sella Shall fmnuh the Producer with a cenifeate far such compensation and insurance have been provided. Such certificates shall specify the date when such compe nsation and insurance have ban provided. Such certificates shall specify the date when such compensation an d insurance canines. The Seller agrees that on compensidam cad fsurana shall he mainramed unit an., the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume the entire responsibility and liability for any and all damage, loss or injury afmy kiM mire whats ,Ire persons err property caused by or resulting from de execution film word provided for in this purchase order or in connection herewith. The Senn will indemnify and hold harmless the Purchaser aM any or all of the Furchasm officers, agents and employees from and against my and all claims, losses, damages, charges or exposes, wheme, direct o, indirect, and whether to persons, or mopany to which the Purchase, may be put or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors officers, again or employees. In cue my suit or other proceedings shall be brought against the Purchaser, or its of inen, agents or employees at any time on accamr or by mean of any act, action, neglect, omission or default of the Seller of any of his contractors or any of is or dome affairs, egens cr empfyees as aforesaid the Seller hereby agrees to assume the defersse, thereof and Iti defend the same m Be Sellers own expense, to pay any and all cosy, charges, anomeys fees and B. expenses, any and all judgmens that may be incurred by a assumed against the Purehnso of any of is or their Rcm, agents or employees in such suits or other proceedings, and in case judgment or other lien he placed upon or obtained against the property of the Purchaser, or said parties in or os a result of such suits or other proceedings, the Sella will at once cause the scone m be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall fake all safety predautions, famish and inaall all gourd necessary for the prevention of accidents, comply with all laws most regulations with regard to sefan, including, but without limitation, the Occu,sumnal Safety and Health Ad of 1970 and all tales and conclusions issued Functional drtrem. Revised 07Q014