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HomeMy WebLinkAbout498349 BANNER CONCRETE - PURCHASE ORDER - 9146679 (2)Fort Collins Date: 12/16/2014 Vendor: 498349 BANNER CONCRETE 715 PETERSON ST FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9146679 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: ENGINEERING DEPT-MASON CITY OF FORT COLLINS ENGINEERING DEPT-MASON 281 N. COLLEGE AVE FORT COLLINS CO 80524 Delivery Date: 11/14/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 Addendum to PO 1 LOT EA 1,472.74 Total Pay terms net 30 days Invoice Address: 1.472.74 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasingQa fcgov.com 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 Collins is exempt from slate and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure ofthe Purchaser to insist upon strict perfamance of the teals and conditions hereof, failure or delay to formal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 1 M (a). exeecige any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event are breach, the occeptmrtt of or payment for good horeueWer or approval wide, design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due Ins defects of any of the warranties or obligations of Was purcase order and shall not be deemed a waiver of any right of the damage in transit, may be retmnM to you for credit and are not to be replaced except upon receipt of argon purchaser to insist upon strict perfortmoce bereofm any of its nights in remedies a to any such goods, regardless Momentum from the City of Fon Collins. of when shipped, received or recep,ed, as to any prior or subsequent detach hereunder, tar shall any pwpened am] modification or rescission of this purchase order by me Purchaser operate ss a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins impoction on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response ,o this other can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of We City of Fort Collins. However, in is to be understood that FINAL Seller and the Pumhnser recognize that in actual economic practice, overcharges resulting man antitrustACCEPTANCE ACCEPTANCE is dependent upon completion of all applicable required inspection procedure. violations are in fact home by the Puasa ah. There fibre nforr good cause and m consldereeon far executing Nis purchase order, the Sella hereby assquis an the Prominent, any and all claims it may now have or hereafter Freight Tenses. Shipments man be F.O.B., City of Fort Collins, 700 Wood St. Fon Calif.. CO 80522, unless acquired under fderal or slate mlimnt laws for such overcharges relating to the paniwlw most or satires oWerav c, specified on this order. If permission is given to prepay, freight and charge separately the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most sccomoare invoice. Additional charges for Ivckine will not be revealed. Shipment Distance. More manufacturers M1w'e distribution points in vanous parts of the country, shipment is expected from the nearest distribution Final to destination, and excess freight will be deducted From Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers are not all necessory permits, certificates and licenses required by all applicable laws, regulations, ordinances and soles of the state, mwicipality, territory cr political subdivison where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Sell, further agrees Ins hold no, City of Fort Collins harmless from and against all liability and loss ncurted by them by reason of or asserted or established violation of any such laws, regulations, ordinances, soles and requirements. Aulhoriratim. All ponies to this comma agree that the representatives are, in fact, bona fide and pussess full and complete authority to bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits aMbElance W me terms and condition stated herein set forth and any supplementary or additional terms and conditions nnnexM hereto or incorporated herein by reference. Any additioal or different erau and conditions proposed by seller art objected to and hereby rejemed- 2. DELIVERY. PLEASE ADVISE PURCHASMG AGENT immediately if you cannot make complee shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and perfommnce most be effected within the time stated an the purchase order and the documents a mcbed hereto. No acts of the Perchnscre including, without limimtion, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, me option of placing this order elsewhere and hold,, me Seiler liable for damages. However, Ne Seller shall not be liable for damages as a vault of delays dam to causes not reawmbly foreseeable which x beyond as reasonable control read without, its fault ofereglagence, such acts of God, what ofeivil or military aumounies, governmental priorities, fires, slakes. Hood, epidemics, was car fats provided that notice of the conditions musing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In We ,at of any such delay, the date of delivery shall be extended for the period equal to We time actually lost by Brown of We delay. 3. WARRANTY. The Seller warrants Char all good, anida, matmah and work covered by this order will conform with applicable drawings, specifmtions, samples maker other descriptions given, will be fit for the purposes intended, and perforated wins the highest degree of care and compaeace in accordance with accepted standards far work of n imier nature. The Seller agrees to bold the purchaser harmless from my lass, damage or expense which the Pmchaser may suffer or incur on account of the Sellers breach ofwaemnty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or fares arising within one (I) year or within such longer final of time as may be prescribed by law or by the terms ofany applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not N be unreawnnbly delayed), resulting from imperfect or de@ctive work done or materials furnished by the Seller. Acceptance or use of goods by the Pmchaer shall Mat comtiNte a waiver of my claim under this warranty. Except as otherwise provided in this purchase when, the Sellers liability hereunder shall extend to all damages presumingly caused by the breach of my of the foregoing wamnlim or gmrantces, but such liability shall in no event include lass of profits or hour of vac. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal harms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Procurer may make any changes to the terms. other Nan legal Me , including additions to or deletions from the qumtitics originally ordered in We specifications or drawings, by verbal or written change order. If my such change ofieets the amount due or the time afperfarmance hereunder, m corrigible adjustment mall be made. 6. TERMINATIONS. The Purchaser may at my time by Warren change order, terminate this egrecmem as to any or all tougher, gher, of the good then not shipped, subject o my equitable adjustment between the ponies as W any work or materials them in progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted portion of the good anrkor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any good which am the Sellers smndard stack. No such Nomination shall relieve the Purees, or the Seiler ofany of their obligations as to any good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim fro adjustment must be asserted within dirty (30) days from the date me change w recombination is ordered. S. COMPLIANCE WITH LAW, The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in suet compliance with all applicable Laws and regulations to which the good are subject. The Seller shall execute and deliver such documents as ray be required to effect orevidence compliance. All laws and mgulatiom required to be irrcorpomted W agreements of Was character etc hereby incorporated herein by this reference. The Seller agrcas to indemnify and hold the Purchaser annlass fmm all roger and damages suffered by the Purchaser as a reed, of We Sellers failure ra comply with such law. 9. ASSIGNMENT. Neither parry shall assign, tmnsfeq or convey this ordeq or any monies due or to become due hereunder without the prior written consent of We other party. 10. TITLE. The Seller warrants full, clew and uunstncted tide in the purchaser for all equipment, materials, and items famished in perfomame of firs agreement, fmc real clew of my wM all liens, restrictions, reservations, security interest mcumbmmas and chains of when. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a dam to he 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 to be performed by We most expeditions means available to it, and me Seller shall pay all casts associated with such work. The Seller shall mleae, the Purchaser and its contractors of any her fan all liability and claims of any atum mulling from the performance ofsuch work This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Settees contractual obligations, including warranty, shall not be deemed he be reduced, in any way, because such work is performed or caused to be pMomed by the Purchaser. M. PATENTS. Whenever the Sell, is rcquirN on use any design, device, material or process covered by term,, patent, mdemmk or copyright, We Seller shall indemnify and save harmless the Purchaser form my and all claims for infringement by renwn of the use of such patented design, device, neutron or pmress in connection with the commct, and shall indemnify the Purch ra for any cost, expense or damage which it maybe obliged on pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace me some with substantially equal be, noninfringing equipment, or mWify at m it overseas noninfHnging. 15, INSOLVENCY. If the Seller shall become insohenl or araupe, rake an wasignmea, far ,he benefit of undiftrs, appoint a or ten lee for any of the Sellers proproperty or business, thas maker may forthwith he canceled by the Purchaser without liability. 16, GOVERNING LAW. The definitions of temu used or the interpretation ofthe increasing and the rights ofall parties hereunder shall be constated under and governed by the laws ofthe Stale ofColomdo, USA. The following Additional Conditions apply only is was where the Seller is an perform work hereunder, including the services of Sellers Resmicna,ive(s), mthe premises of others. IT. SELLERS RESPONSIBILITY. The Seller shall cane on said work at Sellers own risk until the same is fully completed and accepted, and shall, in se of any accident, destruction or injury to the work maker materials before Sellers final completion and acceptance, complete We work at Sellers awn expense and to the satisfaction of the Purchaser. When materials and equipment ate famished by others for installation or erection by me Seller, the Seller shall receive, unlaced, stare and handle same at the site and become responsible therefor as though such materials mWar equipment were being famished by Owe Seller under the other. I a. INSURANCE. The Scller shall, at his own expeare, provide for the payment of workers compeaation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, maker to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shill also carry, comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least 5300,000 for my one person, SSo0," for any cona occident and propany damage limit per accident of Smkh,00o. The Seller shW1 bkewier require his contractors, Harry, to provide for such mmpertsation will insurance. Before my ofthe Sellers or his contractors employees shall do any work upon me premises of others, the Seller shall famish rise Purchaser with a cenificane than such compensation and insurance have been provided. Such certificates shell specify We date when such compensation and insurance have been provided. Such cenifiwtes shall specify the date when such compenwtlon and insurance expires. The Seller agrees That such compensation and insurance shall be maintained until after the afire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume the wore responsibility and gimildy far any and all damage, loss or injury of my kind or atom waucever to farmers or property caused by m resulting farm the execution office work provided for in this purchase order or in ronneetim herewith. The Seller will mdemrrify and hold harmless the Purchaser and my r all of We Processions, fifth agents and employees form and aget. my and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Fomenter may be put or subject by reason of my act, action, neglect, omission or default on the pan of me Seller, any of his contmaors, or any of the Sellers or wntracmrs officers, agents or employees. In case any suit or other proceedings shall be brought against the purchaser, or its officers, agents or employees at my time on account or by reason of any act, action, neglect, emission or default of the Seller of my of his contractors or my of its or their officers, agents or employees ex aforesaid, to Seiler Irereby agrees to assume We defame themof and W defend the same at me Sellers own expense, to pay my wait all costs, charges, artone y, fees and office expenses. my and all judgments that May be incurred by or obtained against the Porchuer or my of its of their oMe., agents or employees in such saner or other proceedings, and in case judgment or other liw be placed upon or obtained against the property, of the Purchaser, or said pmia in or as a result crunch mice or other proceedings, the Seller will at onus cause the same to be dissolved and discargtd by giving bond or otherwise. The Seller and his contractors Sall take all safety precautions, famish and moral all guards necessary for the prevention of seeking, comply with all laws and regulations with regard to safety including, but without limimtion, the Germinated Safety and Health Act of 1970 and all soles and regulations issued pursuant thereat. Revised OTl2014