HomeMy WebLinkAbout498349 BANNER CONCRETE - PURCHASE ORDER - 9145600 (2)City of
Frt Collins
Date: 12/05/2014
Vendor: 498349
BANNER CONCRETE
715 PETERSON ST
FORT COLLINS CO 80524
PURCHASE ORDER
PO Number Page
9145600 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: TRANSFORT BUS FACILITY
CITY OF FORT COLLINS
6570 PORTNER ROAD
CITY OF FORT COLLINS CO 8052
Delivery Date: 09/25/2014 Buver: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
2 Bus Stop Improvements
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.com
1 LOT EA
Total
Pay terms net 30 days
Invoice Address:
3,157.85
157.85
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 Fort Collins is exempt from sad and local hems. Our Exemption Norman
11. NONWAIVER.
9g (W502. Federal Excise Tax Exemption Certificate of Registry 84.6000587 is registered with the Collector of
Failure of ere Purchaser to insist upon sides performance of the terms end conditions hareaf, failure or delay m
Internal Revenue, Denser, Colorda (Ref. Colorado Revised Shades 1973. Chapter 39-26,114 (a).
exercise any rights or Lnnefes provided herein. by law, failure to promptly ratify the Seller in ere swam of a
breach, fie acceptance Of., paymcm for goods hereunder or approval of the denim, shall net.1. the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defds of
any of the wammin or obligatiom of this purchase order and shall not be darned a waiver of any right of the
damage in transit, may be reamed to you for credit and are net to be replan, except upon racipt of wrine s
purchaser W insist upon wriat performance hereof or any of its rights Or remedies as to any such gaods, regardless
instructions from the City of Fan Collins.
of when shipped, accused or acc,ned, in to any prior or subsequent default hereandn, nor shall any purported
oral modification or rescission of this purchase order by the Purchaser operate az a waiver of any of the terms
Inspection. GOODS an, subject in the City of Pan Collins inspection on Larval.
hereof.
Final Acceptance. Receipt of the merchandise, advas or equipment in minimum to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
aulhonzed payment on the pan of the City of ran Collins. Howeveq it is to be understood that FINAL
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antinust
ACCEPTANCE is dependent upon completion wall applicable required inspection procedures.
violations are in fact home by the Purchaser. Theretofore �fumgmd cause and as consideration for executing this
purchase order, the Seller hereby assigner m the Pumhxser any and all claims it may now have or hereafter
Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood Sr. Fan Collins, CO 80522, unless
acquired under federal or state antitrust laws for such overcharge relating m the particular goods or service
Otherwise specified ov this order. Ifpermission is given to prepay freight and charge seoment] , ere original freight
purchased or acquired by the Purchaser pursuant to this purchase order.
bill must aca...... imnice. Additional charees far lacking will not be acceptd.
Shipment Distance. Where manufacturers have distributing points in varous pans of the country, shipment is
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when
shipments ere made firm greaer distance.
Permits. Sella shall procure at sellers Is cost all necessary permits, artifientes and license required by all
applicable laws, regulations, ordinances and roles of the spite, municipality, territory or palimal subdivision where
Re work is performed, or required by any other duly constiNmd public authority having jurisdiction over fe work
of vendor Seller further agrees to hold the City of Fort Collins harmless form and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulmens, ordinances, roles
mat r Wounaen..
Authonew o r All parties m this comma agree that the representatives are, in fat, bow fide and gong. fall and
mmplem authority to bird said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the Inds and conditions stated
herein se' Ibrth and any supplementary or additional arms and conditions annexed here'. Or incorporated herein by
reference. Any additional or diffe an arms and conditions proposed by seller we objected to and hereby opened.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you eamwt make complete shipment to arrive on your
Promised delivery date as noted. Time is of fie essence. Delivery and performance ..it be eBlcted within the time
sited net ds purchase order and the documents attached hereto. No acts of the Purchasers including, w0ow
limitation, acceptance of,atrial late deliveries, shall operate in a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable readies, the option of placing this order elsewhere
and holding fie Seller liable for damages. However, the Seller shall not he liable for damages as a main of delays
due or waves not memorably foreseeable which are beyond its rexmmble roads and without its fault ofeegligence,
such ads of God, no%ofcivil at military authorities, Weemmenal pdodties, fires, strike; BOod, epidemics, wars or
dots provided Out notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when he Seller first received knowledge therm(. In the event of Say such delay, the date of delivery shall be
extended for the pennd egml to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warhnrs that all goods, articles, materials Laid work covered by this order will conform with applicable
drawings, specifications, samples andfor other descriptions; given, will be fit for fie purposes intended, and
peR ed with the highest degree of care end competence in recorderce with accepted warrants for work of a
similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which ere
Function may suffer or incur on =roast of the Sellers breach of werraaty. The Sella shall replace, repair or make
good, without cost n the purchaser, any defers or faults arising within one (1) year. within such longer period of
lime. may be pracnbed by law or by Ne it. of ay applicable waranry provided by the Seller after the dare of
acceptance of the goods Industrial hereunder (acceptance not to be untcasonably dehyed), rauIrin, from imperfect
or defective work done or materials famished by the Sella. Acceptance or use of goods by the Purchaser shall trot
constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder, shall extend an all damages proximately caused by the breach of any of the foregoing warmelt,
or guamnttts, but such liability shall in no event include loss of profi. an 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 women change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other own legal terms, including additions to or deletions from
fie quantities Originally ordered in the specifications or drawings, by verbal or women change order If any such
change offers the amount doe or the time of mf..-,O hereunder, an aluitable Wjustment shall be made.
6. TERMINATIONS.
The Purchaser may ad any Time by waime r change order, temminear This agreement as to any or all portions of the
goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials fen in
progress provided that ere Purchaser shall Last be liable for Loy claims for Lnticipmd Recalls on the uncompleted
Notion of the goods union, work, for minimal or conew mn dal damages, and that no such Austrian be made in
favor of the Seller with, coupon m any goods which art ere Seller standard stock. No such temnwn. shall relieve
the Pumhaser or the Seller of any ofine,, obligations as to any goods delivered hereunder.
y. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment mat be awned within thirty (30) days from the dale the change or termination is
ordcrcd.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have Iran produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and
deliver such dncumen, as may be 'mount m OT c, or evidence compliance. All laws and regulations required to be
incorporated w agreements of this dera ctor we hereby mentioned herein by this refereme. The Seller agrees to
indemnify and hold she Purchaser harmless from all cons and damages suffemd by fe Purchaser as a result of not
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither Party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior wrimen consent of she other party.
10. TITLE.
The Seller warrants full, clan and unearned lisle to ere purchaser for all equipment. mam us, and items Famished
in performance of this agreement, free and Oar of any and all tram, monitions, reservations, ammnry interest
encumbmnwa and claims f.the..
13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser dirce. the Seller to carted nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller and the SAer thereafter indicates its inability or unwillingness to comply, the Purchaser
may cause the work to he performed by the meal expeditious means available to it, and the Seller shall pay all
costs associaW wiN such work.
The Seller shall release the Pumhaer and its contractors of my tin from all liability end claims of my nz,ure
resulting from the performance of such work.
This release shall apply even in the event of fault of negligence of the parry released and shall extend to the
directors, olT ers and employees ofsuch parry.
The Sellers contactual obligati.., including warranty, shall ned be decided to be rWuced, in any way, because
such work u performed or ..it to be performed by not Purchaser,
14. PATENTS.
Whenever the Seller is required to use any desigre device, material or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify mat save harmless the Purchaser from any and all claims for arrangement
by reason of fie ase of such patented design, device, mmenal or process in cmmenion win the contract, and
shall indemnify the Purchaser for any cost. expense at damage which it may be obliged to gay by reason of such
infringement in any lime during the prosecution or after the completion of ere work. In case said equipment, or
any part thereof or the intended use of the goads, is in such suit held to combine impingement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, rife procure for the
Purchaser fie right to continue using said equipment or pans, replace the same with substantially equal but
maninfringing equipment, or modify it so it becomes monfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankmpt, make an assignment for the benefit of creditors, appoint a
receiver or trust. for any of the Sellers properly or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions oftemic used or the interpretation oflbe agreement and the rights ofaR ponies hereunder shall be
rammed under and govemd by the laws offs Sate of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the a dares of Sellers RepessearatiraDd. on the pemises of others.
17, SELLERS RESPONSIBILITY.
The Seller shall carry on aid work at Sellers own disk and ere same is fully completed and namptd, and shall,
in se of any accident, destruction or injury to fie work andsor materials before Sellers foal completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Friction When materials
and equipment are famished by others for installation or erection by the Sella, fie Seller shall receive, unload,
store and handle same mere site and become responsible therefor as though such nowenak and/or equipment
ware being mounted by ere Seller under the order.
18. INSURANCE.
The Seller shall, in his oven expense, pradde for the payment of worker compensation, including occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
andor 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 eat limited to, contractual and automobile public
liability insurance with bodily injury and deaf limits of at least 5300,000 for any one pcmn, S500,000 for my
me ccident and property damage limit per accident of S40o,000. The Seller shall likewise require his
ontracton, if any, to provide for such compensation and insurmce. Before any orthe Sellers or his contractors
employees shall do any work upon the premises of athers, fie Seller shall monolithic Purchaser win a certificate
that such compensation and insurance have been provided. Such certificates shall specify the data when such
compensation and insurance have been provided. gain cenificata shall specify the date when such compy action
and insurance expires. The Seller agrees Out such compasation and imurance shall be mai.awed unfit after the
entire work is mmplad and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, lass or injury ofany kind
or nnwre whatsoever to persons or property caused by or resulting from the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my
or sll of fe Purchasers .Vicars, agent, aud employees from and agaiml any and all claims, losses, damages,
dutga a, cepemes, whelber direct or mahma, end Whether as persons or property to which the Purchaser may
be put or subject by reasons of any act, nation, neglec, omission or default on fie pan of the Seller any of Ids
ontmdors, or any of the Sellers Or contractors officers, agents or employees. In ease any suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or
by reason of any act, action, neglect, omission or default of the Sign of any of his contractors or any of its or
their officers, agents or employees ex aforesaid. fie Seller hereby agrca to assume fie defense thereof end m
defend fie same at the Sellers own expense, to pay any and all mots, charges, anorney,, fees rid afar expemes,
any Last all judgments dust may be incurred by or obtained against the, Purchase or any of its or feu officers,
ages or employees in such mits or other proceedings, and or case judgmenl or oNer lien be placed upon or
obtained against the property of the Purchaser, or void proms in or as a result of sash suits or other proceedings,
,he Seller will at once cause Ne same,. be dissolved and discharged by giving bond or otherwise. The Seller and
his condmctars shall take ail safety pacautions, famish and install all grads onaary for flue prevention of
accidents, comply with all hicei and regulations with regard n safety including• but without limitation, fc
Occupational Safety and Half An of 1970 and all roles and regulations issued pursuant tbertns.
Revised 07l2014