HomeMy WebLinkAbout498349 BANNER CONCRETE - PURCHASE ORDER - 9145265 (2)Fort Collins
Date: 12/05/2014
Vendor: 498349
BANNER CONCRETE
715 PETERSON ST
FORT COLLINS CO 80524
PURCHASE ORDER
PO Number Page
9145265 1of2
This number must appear
on all invoices, packing
sli i and labels.
Ship To: TRANSFORT BUS FACILITY
CITY OF FORT COLLINS
6570 PORTNER ROAD
CITY OF FORT COLLINS CO 8052
Delivery Date: 09/11/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
2 ADDENDUM TO PO
Per work Order dated 11-24-14
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
1 LOT EA
26,799.97
Total
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
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Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By starve the City of Fan Collins is exempt from state aM local axes. Our Exemption Number is
9844502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with be Collator of
Internal Revenue, Denveq Colomdo (Ref. Colomdo Revised Sutuus 1973. Chapter 39-26,114 (a).
Goods Rejected. GOODS REJECTED due to failure in meet spmi fications, either when shipped or due to defects of
damage in transit, may be reduced to you for credit and are not to be replaced except upon receipt of written
instructions from the City of Fon Collins.
function. GOODS are subject to the City of Pon Collins inspection an madval.
Final Acceptance. Receipt of the merchandise, services or equipment in rasponew to this order can result in
authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight Terms. Shipments must be F.O.B., City of Fort Collins, ID0 Wood St., Fon Collins, CO 80522. udess
otherwise specified on this am. Ifpermission is given to prepay fight and charge separately the original bought
bill must aecomn ew invoice. Additional changes for ucknn will not be accepted.
Shipment Distance. Where poinufaacreas have distributing Points in us parts of the country, shipment is
expected from the neaest distribution point to destination, and excess freight will be deducted from Invoice when
shipments are made tram greater distance.
Premium. Sells sbull procure at sellers to cast all necessary permits, certificates end licenses resided by all
applicable laws, regulations, ordinances and rules of the rude, municipality, territory or political subdivision where
the work is prodmoM, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against ail liability and loss
incurred by them by reason of an domed or established violation of any such laws, regulations, ordinances, roles
and mNirements.
Awho action. All ponies to this compact agree that the representatives are, in fact, from fide anal possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance a the arms and conditions stated
herein set forth and any supplementary w additional mums and conditions annexed herein or incorporated herein by
refema e. Any additional or different terms and conditions proposed by seller are objected to add herbyrejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou urmat make complete shipment 10 arrive on you,
promised delivery date as need. Time is of the usenet Delivery and performance must be dTected within the lime
stated on the purchase order and the documents couched hereto. No acts of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the on, of any delay,
the Purchaser shall have, in addition as other legal and equitable emedies, the option of placing this order elsewhere
and bolding the Seller liable for damages. However, rho Seller shall ear M liable fir damages as a result of delays
due to causes not commodity sederable which are beyond its pasoamble comrol and without its fault ofsregligence,
such aces of God, acts of civil or military authorities, smdwdd dworiries,fiat, strikes, flood. epidemics, warrantriots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof In the event of tiny such delay, the dam of delivery shall be
extended for the pmriod equal o the time acrvally lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all good, anicies. =[costs and work covered by this order will conform with applicable
drawings, specifications, ampler andfor 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 more. The Seiler agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchase may insist. i.ew on account of the Sellers breach of.,y. The Seller shall epla s, repair or make
good, without two to the pumhaur, my defects or faults arising within one (I) year or wnhin such longer period of
time w may be prescribed by law or by the terms of any applicable xarmnty provided by be Seller after the date of
acceptance of the good famished hereunder (acceptance nut 10 be unreasonably delayed), reaching from imported
or defective work done m materials finished by the Seller. Acceptance or use of goods by the Purchaser shall not
tractions a waiver of any claim under six wormnty. Except as otherwise provided in this purchase order, the Solids
liability hereunder shall extend to all damages pro de areLy ..it by the breach of my of the forgoing —it.
or gumanted, but such liability shall in no event include loss ofpmhts or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4, CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to hie 1mmw, other Ilan legal terms. including additiau to or &Idiom from
me quantities originally ordered in be specifications or drawings, by verbal or wrnm change order If any such
change.1fieets the amoum due or the time c fperformance hereunder. an esmitable adjustment shall be made.
6. TERMINATIONS.
The Purchase, may at any time by wrinen change code, ermimte his agreement as to any or all p admix of the
goad then not shipped, subject to any equimbL, atimpro t between be parties as o any work or ma,erials Nan in
progress Provided that the Purchawm sand not he liable for my claims for anticipated press on the mwmplded
Portion of hie good =Nor work, for incidental or emuesuemial damages, and that an such adjustment be made in
Low of the Seller with respect 10 my goods which are the Sell. standard stek. No such cannimdian shall relieve
the Purchaser or the Seller of any oftheir obligations as many good delivered hereunder.
). CLAIMS FOR ADJUSTMENT.
Any claim for adjmennt must be sssmed within thirty (30) days tram dic date the change or termination is
ordered
S. COMPLIANCE WITH LAW.
The Seller warrants Nat all good sold hereunder shall have been produced, sold, delivered and fumishcd in mitt
compliance with .11 applicable laws mJ regulations to which the good are subject. The Seller shall execute and
deliver such documents as may be repaired to effect providence compliance. All Wxs add regulations required to No
Incorporated in agreements of this character ere hereby incorporated herein by this reference. The Solid agrees to
indemnify and hold hie Purchased harmless fmm nl costs stud damages suffered by be Pumhmer as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, ttamfer, or convey this order, or my monies elm or to become due hereunder without the
Poor wrinen Co., ofb, order Petry.
10. TITLE.
The Seller warrants Bill, clear and uruestricted tide to be Purchaser for all equipment, nowerials, and items frnisfed
in performance of this agreement, free and clear of any and all lido, mametions, reservations, security interest
encumbrances and claims of others.
II. NONWAIVER.
Failure of the Purchaser to insist upon strict peRotmamx of Ilre wrrm end core ssimpor heof, failure or delay to
exercise any rights or remedies provided heroin or by law, failure to promptly notify be Seller in the event of a
breach, the acceptance afar payment for goods hereunder or approval ofthe design, shall not release to Seller of
any of the warmrtlies or obligations of this purchase order and shall nor be deemed a waiver of any right of the
purchaser m insist .,an strict performance hdeofor any of its rights or mouses as to any such goods, regardless
of when shipped, received of accepted, as to any prior or subsequent default hereunder, nor shall any purported
am[ modification or rescission of this purchase order by the Pumhaur operate as a waiver of any of the terms
heeor.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust
violations are in fact borne by the Purchaser. Theretofore, forr good cause and as consideration for executing this
purchase order, the Seller hereby assigns to da Purchaser my and all claims it may now have o, heeafer
acquired under Indeml or state m,itmst laws for such overcharges relating to the particular good or services
purchased or acquired by see Purchaser pursuant to Nis purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifro, Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness as comply, the Purchaser
may douse be work to be peep W by be most expeditious means rwilable to it, and the Seller shall pay all
costs associated with such work.
The Seller shall ml. the Purchaser and its wmmdors of any tier from all liability and claims of any nature
resulting from the performance ofsuch work.
This mlowe shall apply even in the event of fault of negligence of the party released .ad shall extend to the
diedors, aMo. and employees ofawls pony.
The settees contractual obligations, IMhdmg warranty, shall trot be deuced Io be reduced, in .1 way. because
such wade is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is requiml to use any design, device, momrial or ppvxcss covered by letter, patent, w demark
or copyright, the Seller shall indemnify and save harmless the Pudchmn from any and all claims for infringement
by mama of the use of such pateneed design, device, material or process in connection with the contract, and
shall indemnify the purchaser for any cum, expense or damage which it nay be obliged to pay by reason of such
inGngement at any time during the prosecution or after the completion of the work. In case said aluipmenL Or
any pen thereof or me intended vso of the goods, is in such suit held to co odarm inMngement and the use of
said equipment or pan is enjoined, the Seller shall, at its awn expense and at its option, either procure for the
Purchaser the right to continue using said equipment or parrs, replace he same with substantially equal but
mars fringing esuiPrrenl, or modify it so it becomes wnicipatiing.
15. INSOLVENCY.
If the Seller shall became insolvent or lonkmpl, make an assignment for the benefit of creditors, appoint a
receiver or lmrme 1'or any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16, GOVERNING LAW.
The definitions oftemn used or the inndpr.tion of the .,.do and be rights ofail ponies hereupdd shall be
concerned under and ..it by the laws offhe Smut of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including be services of Sellers Representativead, on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry ou said work at Sellers owa risk until the same is fully completed anti accepted, and shall,
in u of any accident, destruction or injury to be work andfar materials before Seller's fiwl completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials
and equipment art famished by athcrs for installation or erection by the Seller, the Seller shall moreover unload.
sort and handle same as the site and brume responsible therefor as though such materials and/or compound
wee being finnished by hie Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the pa,ando of workers compeati on, including occupational
disease benefts, to its employees employed on or in connection with the work covered by this purchase order,
auditor to then dependents in accordance with the laws of the mute in which the weak is o be done. The Seller
shall arm carry wmpehensive gm.l liability including, but trot limited to, mmroctual .nd automobile public
liability insurance with bodily money, and drum limits of at trust 5300,OM for any one Amon, 5500,01)(1 for any
conaccident and pmyerty damage limit per accident of S400,N)i The Solid shall likewise norm. his
tractor, if any. to provide for such compensation and insurance. Before any of the Solids or his economists
employees shall do any work upon the premises of athers, the Seller shall famish the Purchaser with a di if cam
that such compensation and insurance have been provided. Such cenifcaes shall specify the dam when such
compensation and insurance have been provided. Such conditions shall specify, the date when such compensation
add insurance expires. The Seller agrees but such compensation and insurance shall be mainmi d=fit after the
moire work is wmplerd and accepmd.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Salle hereby assumes the entire responsibility and liability for my and all damage, loss or injury crony kind
or more whatsoever to persons or property caused by or resulting firm the execution ofthc weak provided for in
mix purchase order or in connection herewim. The Seller will indemnify and hold hadmlesa the purchaser and any
or all of the Purchasers olfcers, seen. ad .play. f aM ii'mr, any and all claims, loses, damages,
charges or expeaes, whether bred or indied, and whose, 1. persons or property to which the Purchaer may
be put or subject by reason of any act, notion, neither. omission or defauh on be pan of the Seller, any of his
contractors, or any of the Sellds or contractors olfrda, agents or employees. In case any suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or
by wawn of my der, ration, neglect, omission or defmlt of the Seller of any of his contractors or any of its or
their offer., agents or cand.yas u aforesaid, me Sell. hereby agrees to assume the defense thereof and do
defend the same at be Sellers own expense, as pay my and all casts, charge, anomeys Ross; and other expenses.
my and all judgments but may be incurred by or obtained against the Pwchasd or my of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the pmpdoy orthe Purchase, or said parties in or as a result of such suits or other proceedings,
the Seller will at once douse the mine to be dissolved and discharged by giving hand or otherwise. The Seller and
his contractors shall take all safely predictions, furnish and iasull all guard incessant for be prevention of
accidents, comply with all laws and regulauota with prompt to safety including, hull without limitation, the
Occupational Safety anal Health Ad of 1970 and all rates and negotatioin issued F.umt broad.
Revised O7a014