HomeMy WebLinkAbout498349 BANNER CONCRETE - PURCHASE ORDER - 9147175City of
/11"F6rt Collins
Date: 12/05/2014
Vendor: 498349
BANNER CONCRETE
715 PETERSON ST
FORT COLLINS CO 80524
PURCHASE ORDER
PO Number Page
9147175 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: TRANSFORT BUS FACILITY
CITY OF FORT COLLINS
6570 FORTNER ROAD
CITY OF FORT COLLINS CO 8052
Delivery Date: 12/05/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Bus Stop Improvements
Section 5317
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 LS
18,632.25
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
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Coll am 6 exempt from state and local taxes. Our Exemption Number is
11. NON WAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6011 is registered with the Collector of
Failure of the purchaser to insist upon wend Performance of the leans and conalmom hereof, failure or delay to
Internal Revenue, Dancer, Colorado (Ref. Colorado Revised Sutures 1973. Chapter 39 26,114 (a),
aercia any rights or remedies provided herein or by law, failure to promptly ratify the Seger in the sent of a
breach, the acceptance after payment for goods hereunder or approval of the design, shall not releam the Seller of
Good Rejected. GOODS REJECTED due w failure to meet specifications, eifa when shipped or due to defects of
my of the warranties or Obligations of this purchase tender and shall or be termed a waiver of any right of the
damage in vomit may be returned to you for credit and are Out to be replaced except upon receipt of written
porchaser to imist upon shied performance nce hereofor my of im rights err temdies m to any such goods, regardless
imvuctions from the Ciry of Fan Collins.
of when shipped, received or accepted, in an my prior or subsequcot default hereunder, via shall my ransomed
trial modification or remission of this purchase order by the Purtbma operate as a waiver of my of the terms
Inspection. GOODS are subject to the City of Fan Collins inspection on arrival,
hereof.
Final Acceptance. Receipt of the merchandise, matter Or egtripmmo in response to this order men result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
milmrmd paymem on the pan of the City of Fort Collins. However, it is to W proactood that FINAL
Seller and the Purchaser recognire unit in actual tt is practice, overcharges resulting from moment
ACCEPTANCE is dependent upon completion of all applicable raryired Impeton pmd care.
violations are in f tame by taby the Theretofore, Purchaser. Theretofore, forgood come and as consideration for executing this
purabme order, the Sella hereby assigns in the Purchmer my and all claims it may new have in hereafter
Freight Term. Shipments must be F.OD., City of Fan Collins, 200 Wood St., Fort Collins, CO 80522. unless
mquird under federal or suite antitrust laws for such wercharga relating to gue particular goods or services
otherwise specifid on this under. Hpermission is given to prepay freight and charge separately, the origins] freight
parehasc l or acquird by the Purchaser pursuant W this purchase order.
bill mot accompany invoice. Aditioaal charge fro packing will not be, areeptd.
13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing Points in carom pros of the country, shipment is
If the Purchaser directs hse Sella lte rurtect nancadficamg or defame goods by a date to be agreed up on by the
expected Tom the ream, distribution point m denimuott and excess freight will W denuded from Invoice what
Purchme and the Sella. end the Seller thatcher indicates its instability or mwillingness to comply, fie Purchmr
shipments are made from Beater distance.
may maniac the work to be performed by due mod expeditions meets available to it, and the Sella shall pay all
cows assocutd with such work.
Permits. Seller shall procure at sellers sale cost ell necessary permits, certificates and fr ma required by all
applicable laws, regulations, ordinances and roles of the sate, municipality, territory or political subdivision where
ttre work is pafrmad, or rryulted by any other duly constituted public authority having jurisdiction aver the work
of vendor. Seller further agree to hold the City of Fort Collins hamlum from and against all liability and lass
incurred by than by reason of an assured or established violation of any such laws, regulations, ordinances, roles
andrequlr¢menm.
Authorization. All parties to this contract agree that the repremnlatives are, in fact, bona fide and possess full and
complete authority to bind said panic$.
LIMITATION OF TERMS. This Purchase Orde expressly limits acceptance lo the team and conditions stand
herein set forth and any supplementary or additional terms and conditions mnexed hereto or incorporated herein by
reference. Any additional Or different terms and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY,
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment lo arrive on your
promised delivery data as noted, Time is of the essence. Delivery and performance most be efladed within the time
stated on the purchase order and the documents attached hereto. No acts of the Parlowers including, without
limitation, acceptance of partial late deliveries, shall operate m a waiver ofthis provision. In the event of my delay,
the Purchaser shall have, in addition an other legal and equitable remedies, the option of placing this mule elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages m a result of delays
due 0 couses not maumbly foreseeable which ere beyond its reasonable control and without its fault of negligence,
such new orGod, rats oftivil or military authorities, governmental priontics, foes, strikes, flood, epidemics, was Or
mom provided for notice of the eonditmm erring such delay is given to the Purchmer within five (5) days of the
time when the Seller first received knowledge term[ In the event of any such May, to date of delivery shall be
extended for hse peed equal to the time actually Imt by remon argue delay.
3. WARRANTY.
The Sella wamnm that all good, articles, materials and work mverd by this other will conform Ochs applicable
drawings, specifimtiom, mmpla mdfor other description, given, will be fit for the purpose, intended and
performed with fie highest degree of care ad compa. in accordance with accepted standard for work of a
similar whore. The Sella agrees to how fie pprchmar bamless from my loss, damage or expense which fc
Ptuchasa nay cuff ar incur on account of the Sella breach of warranty. The Sella shall replace, repair or make
good, without rust to the purchaser, my dell" or faults arising within me (1) year Or within such longer period of
time as Trey be premed by law or by the tenor of my applicable warranty provided by the Seller after the date of
inceptanre of the goods famished hereunder (acceptance nod to be umcesombly delayed), resulting from imperfect
or defective work done or materials famished by Ote Seller. Acceptance or toe of goods by fie Purchaser shall but
constitute o waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately mused by the breach of any of fie foregoing mortuaries
or guarantees, but such liability shall in no event include loss of profits cr loss of we. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may nuke changes to legal terms by written change order
S. CHANGES IN COMMERCIAL TERMS,
The Purchmer may make any changes to the ¢cos, other Than legal am,, including additions to Or delaims from
the qunntide, originally ordered in the specifications or unwinds, by verbal Or written change order. If my such
change affects the amount due or the time of performance hereunder, an cquiable adjustment shall be made,
6. TERMINATIONS.
The Pumbmer may at any time by written change order, terminate this agreement as to any or all portions of the
goods then not shipped, subject to any egnimble ad mornau between the patio as, m any work or materials then in
progress provided that the Purchmer shall net be liable for any claims for anticipated profits on the uncompleted
portion of the gaud andor work, for incidental or consequential damages, and that no such adjuatment be, made in
favor of the Sella with respect to any good which are the Sellers standard stock. No such saturation shall ¢litre
the Purchmer or the Seller of any of their abb,mions or W any gods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment mot be averted within thirty (30) days from the daze the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller so mom that all goods aid hereafder shall have been produced, sold, delivered and ficumbed in short
compliance with all applicable laws and regulations a which to goods are subject The Seller shall amount and
deliver such daumrnts as may be required to effect or evidence compliance. All laws and regulations required f be,
incorpourd in agreements of this character are hereby incorporated herein by this reference. The Sella agrees to
indemnify and hold the Purchase harmless gram all cove and damages suffad by the Purchaser as a result of tar
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither putt' shall cosign, mamRr, or convey this orda, in my mode due or in became due hertuvda without the
prior conger coment ofthe other party.
10. TITLE.
The Sella warrants full, clear and vavaniaed tide to fie Purchmer for all equipment roman ds, and rums fiunished
to performance of this agreement fruce and clear of my and all liens, restrictions, reservations, security interest
mcumbmrca and claims ofothers.
The Seller shall release the Purchaser and its comma. of any tier from all liability and claims of any nature
resulting from the paliiarance 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, officers and employees of such patty.
The Seller's contractual obligations, including wanmty, shall not be deemed to be reduced, in my way, because
such work is pafumred or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any deign, device, material or process covered by letter, patent trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from my and all claims for Infringement
by remon of the me of such patented design, device, material or process in connection coif the contract, and
shall indemnify the Purchaser for any cot, expense or damage which it may be obliged to pay by wason of such
infringement at any time during the prosecution or after the completion of the work. In case said equipment or
my pan thereof at the intended me of the goad, is in such suit held to constim i, inGmgemeht and the use of
said equipment or part is enjoined, the Seller shall, at its own expense and at its option. either procure for the
Purchaser the right to continue using mid equipment or pans, replace the same with substantially tyml but
mninfnnging equipment. or modify it so it becomes noninGnging.
15. INSOLVENCY.
If the Sena shin become insolvent or Fandango, make an assignment for the, benefit of credtors, appoint a
amervar or trmme far any of the Sellers property or business, this order may foMwith be mnceld by the
,sucbma without liability.
16. GOVERNING LAW.
The definitions armors used or the interpretation ofthe agreement and the rights craft parties baeuda shall be
examined under and govemd by hsc laws ofhe State ofColOmdo, USA.
The following Additional Conditions apply only in roses where the Sella is in perform wok hereunder
including the services of Sella Reprammustive(s), on fie premises ofodams.
❑. SELLERS RESPONSIBILITY.
The Sella shall carry on said work at Sellers own risk until the more is rally completed and incepted, and shall,
in Tau of my accident decoction or injury to the work and/or maaerials before Sellers final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purclamer. When materials
and equipment arc famished by others for installation or erection by fie Seller, the Seller shall receive, unload,
stom and handle same at the site and become responsible therefor as though such maenals and., egrdpwam
wart being f nnishd by the Seller under the order.
IS, INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with fie work covered by this purchase under,
and/or to their dependents in accordance with the laws of the sate in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of at lemr S300,000 for any one person, S500,900 for any
one accident and property damage limit per accident of Witold, The Sella shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before any of fie Sellers or his emtmcmrs
employees shall do any work upon the premises of others, the Seller shall famish the Purahma with a cettifcam
that such compensation and insurance have been provided. Such certificates shall spaiy the date when such
compensation and insurance have been provided. Such anificates shall specify, the date when such compensation
and insurance expires. The Salle agree fat such compensation and imumnce shall be maintained until site, he
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire mpona bility and liability for any and all damage, loss or injury of any kind
or nature whatsoever to persons or property caused by in tesulting from be execution of the work provided for in
this purchase order or in connection berawif. The Seller will indemnify and hold barmless the Purchaser and any
r all of the Purchaser ofrom agrnm and employees ❑om and against my and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether in persons or reopen to which the Purchmer may
be put or subject by human of my act action, neglect, omission or default on the pan of the Seller, my of his
anomalous or any of the Sellers or contractors officers, agents or employees. In case my suit in other
proceedings shall be brought against the Purcbom, or its officers, agents or employees at my time on account or
by reason of my act action, neglect, omission or default of she Sella of any of his contmctors or my of its or
their officers, agents or employees m aforesaid, the Seller hereby agrees to assume the defame thereof end to
defend the same at the Sellers was expense, lo coy any and all corm, charges, mor m,c, fees and other expenses,
my and all judgments that may be incurred by or Obtained against the Purchaser or my of its or their officers,
agents Or employees in such suits an other proceedings, and in case jdgmrnd or other has be placed upon car
obuimd against the property of the parchment, or mid patties in or m a result ofsuch suits or other proceedings,
fie Sella will in once aura the came to he dissohd and discharged by giving bond or otherwise. The Sella and
his contractors stall take all mfey precautions, famish and install all grans, Oaessary for the prevention of
accidents, comply with all laws and regulations with regard to mfey including, but without limiation, the
Occupational Safny end Health Act of 1970 and all roles and regulatiomissud purstunt diction.
Revised 07Q014