HomeMy WebLinkAbout498349 BANNER CONCRETE - PURCHASE ORDER - 9147493Fort Collins
Date: 12/18/2014
Vendor: 498349
BANNER CONCRETE
715 PETERSON ST
FORT COLLINS CO 80524
PURCHASE ORDER
PO Number Page
9147493 loft
This number must appear
on all invoices, packing
sli s and labels.
Ship To: ENGINEERING DIVISION
CITY OF FORT COLLINS
281 N COLLEGE AVE
FORT COLLINS CO 80521
Delivery Date: 12/18/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Pedestrian Plan 8 ADA
WO #04-BAN-400903700-14
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
Total $9,856.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Filer Terns and Conditions Page 2 of 2
L COMMERCIAL DETAILS.
Tax exemptions. By smmre file City of Pon Collins is exempt from some and local taxes. Our Exemption Number is
11. NON WAIVER.
9843,1502. Federal Excise Tax Exemption CmiGcate of Registry M-60W587 is registered with the Collector of
Failure of the Purchaser to insist upon strict perfonmmce of the terms and wndifivens herself, fulum or delay So
Intemel Revenue, Denver, Colorado (Ref. Colorado Revised Smmta 1973, Chapter 39-26, 114 (a),
exercise any rights or remedies provided herein or by law, failure to premprty many the Seller in the event of a
breach, the acceptance ofor payment for good hereunder or approval ofthe design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure I. meal specification, either when shipped or due to defects of
any of the waramla or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in trial may be retuned to you for credit and are not to be replaced except upon receipt of wrinrn
pearchat ern insist up on throw performance heeofor any ofics rights or remedies as to any such goad, regardless
instructions from the City of Fort Collins.
of when shipped, received or accepted, as to any prior or international default hereunder, nor shall any purported
oral madificotlon or rescission of this purchase order by the Purchaser operate as a waiver of any of the term
Inspection. GOODS are subject to the City of Fort Collins inspection on arival.
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in rtspone to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Tom Collins. However, it is to be understood that FINAL
Seller and the Purchaser recognise Nat in scrawl eemmmie pramice, marching. Faulting from an,,.,
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violation are in fact boost, by the Purchaser. Theretofore, for good rouse and az consideration for executing this
purchase order, the Seller hereby writers a the Purchaser any and all claims it may now have or bereaRer
Freight Tents. Shipments must be F.O.B., City of Pon Collins, 700 Wood St, Fort Collins. CO 80522, It.
mormend under federal or scam autumn laws far such mancharga telling to the particular goads Or ,mica
otherwise specified an this order. Upermission is given to prepay freight and charge separately, the Original freight
purchased or acquired by Ne Purebzser Pursuant,. this purchase order.
bill must accompany invoice. Additional charges far larking will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufactums have distributing Points in vinhwas pans of the country, shipment is
If the Purchaser directs rate Seller in coned nonconforming or defective good by a date to be agreed upon by the
expemed from the nearest distribution point to datintion, and excess freight will be deducted firm Invoice when
Purchaser it he Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments are made farm greater divorce.
may can. the work to be performed by the most expeditious means available to it, and the Seller shall p, all
cock.aocialed with such work.
Pemtits. Seller shall procure at sellers sole cost all necessary permits, ccnifrmes and licenses retained by all
applicable laws, regulations, ordinances and rates of the state, municipality, limit., or political subdivision where
The Seller shall release Ne Purchaser and its contractors of any tier from all liability and claims of any nature
the work is Performed, or required by any other duly constructed public authority having jurisdiction over the work
resulting from the performance ofsuch work.
of vendor. Seller fuller agrees to hold the City of Fan Collin harmless Gom and ii,inl all liability and loss
lowest by hem by reason of an awned or established violation of any such laws, regulation, ordinances, roles
This release shall apply even in the event of fault of negligence of the party released and shall extend in the
and requirements.
directors, officers and employees ofsuch poly.
Aulhoneation. All panic to this contract agree that the representatives are, in fact bow fide and possess full and
complete authority to bind said partial
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to he terms and condition stored
herein set forth and any supplementary, or additional it. and condition tumc.W hereto err incorporated herein by
reference. Any additional or di@rent man and mndiuonpn,fved by seller arc objeeredo, and hereby jecrnd.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT' immediwely if you cannot make complete shipment to active on your
promised delivery date as noted Time is of the amine. Delivery and performance must be ermined within the time
stated on the purchase order and the documents couched hereto. No to of he Purclecon, includin, without
limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision In the evenl crony delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option i f placing This order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages an a result of delays
due to causes not reasonably forareable which are beyond its reamoable control end without its fault of negligence,
such acts of God, was arrived or military mtlwritim govemmeaml priorities fires, strikes, rood, epidemics, wars or
riots provided that notice of Ne mndluon caning such dray is given to the Purchaser within Eve (5) days of Ne
time when the Seller first received knowledge thaw(. 1. the event of any such delay, the date of delivery shall be
extended for rate period equal in the time actually two by reewn ofhe delay.
3. WARRAM'Y.
The Seller warrants that all good, ankles, materials and work covered by this order will emblem with applicable
drawings, specification, samples major other description given, will be fit for the purposes intended, and
ficammted with the highest degree of care and competence in accordance with accepted standard for work of a
simulate aware. The Seller agrees to hoed the purchaser harmless form any Was, damage or expense which the
Purchaser may sutler or incur on account of the Sellers breach of warany. l'he Seller shall replace, repair or make
good, without cost to the purchaser, any defects or faults acting within one (1) year or within such longer period of
lime as may be prescribed by law or by the to. army applicable someway provided by the Seller But the date of
acceptance of the goods famished hereunder (acceptance nut to be mareamnbly delayed), resulting from imperl t
or defective work done or materials famished by the Seller. Acceptance or use of good by the Procreator shall not
onrimte a waiver of any claim coder this warranty. Except n otherwise provided in this panderm order, den Sellers
limiliy hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warrenua
or guarantees, but well liability shall in no event include loss of profits or lass of ore. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make claw,a to legal tern by solution change coda.
S. CHANGES IN COMMERCIAL TERMS.
T¢ Purchaser may make any changes to the terms, other than legal terns, including additions to or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such
change murals the amount due or the time ot'llfi mint, hereunder an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by wmten change order, terminate this agreement as to any or all portion of the
goods than not shipped, subject to any equitable adjustment between she Irarics as to any work or materials then in
progress provided Our the Partial shall nor be liable for any claims for aatidpated profits on the uncompleted
portion of the goods vtl/or work, for incidwlal or annown aentinl damages, and not no such adjustment be made in
favor of Ne Seller with respect to any goods which we no Sellers standard stack. No such truninarion shall relieve
the Panthers, or due Sella of any archaic obligation n to any goods delivered hereunder.
Z CLAIMS FOR ADMSTMENT.
Any claim for adjustment mast be asserted within thin (30) days from the date he change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in stud
compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulation required,a be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser n a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, cramfm, or convey this order, or amp comma due or a become due hereunder without the
prior written summer of the other party.
10. TITLE.
The Seller warrants fill, clear and unrestricted title to the Purchown for all aryipment, mareriak, and items famished
in performance of this agreement, free and clear of any and all lien, restrictions, reservations, security interest
encumbrances and claims crouton.
The Setters contractual obligations, including warrany, shall Out be dimmest to be reduced, in any way, because
such work is performed m caused to be performed by he Problems.
14. PATENTS.
Whenever the Seller is required to use any design, device, nutenal or paces, covered by lener, falmt trademark
or copyright, the Seller shall indemnity and save harmless he Purchaser from any and all claims far infringement
by nown of the One of such patented deign, device, material or process in connection with the contract, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such
infri ngemem at any time doing the prosecution or after the completion of the work. In case said equipment, or
any pan thereofor the intended use of he goods, is in such suit held a conlimte infringement and the am of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaso the right to continue using said equipment or parts, replace late same with substantially equal but
contributing equipment, or modify it so it becomes noninMngiM.
l S. INSOLVENCY.
If the Seller shall become insolvent or barJmpt make an assignment for the benefit of creditors, appoint a
firewer err truster for any of Ne Sellers property or business, fibs order may foMwith the canceled by Re
Perchance without liability.
16. GOVERNING LAW.
The definition ofterms hued or the interpretation of the agreement nod the rights ofall parties hereunder shall be
construed under and governed by t, laws ofthe State wColomde, USA.
The following Additional Condition apply only in cases where the Seller is to perform work hereunder,
including he services of Sellers RepresomwitaSs), on he premises waders.
Il. SELLERS RESPONSIBILITY.
The Seller shall tarty on said work at Seller's own risk until the same is fully completed and accepted, and shall,
in am of any accident, danuction m injury to the work indoor materials before Sellers final completion and
accepcarem, complete the work al Sellers own expene and ra the satisfaction of Re Purchaser. When nm,mals
and equipment are furnished by others for installation or motion by the Seller, Re Sella shall raeive, uNoad,
store and handle same at the site sod become responsible therefor as though such materials andoor equipment
were being famished by dre Seller wall the order.
18. MSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation. including cocup tional
disease benefits, to its employees employed an or in connection with the work covered by his purchase order,
and/or to their dependents in accordance with the laws of Ne state in which the work is to be done. The Seller
shall nI- cart, cam ancensivu yrnerel liability including, but not limited to, communist and automobile public
liability insurance with bodily injury and death limits of at least $300,000 for any one person, 5500,000 for any
one accident and pmpeny damage limit per accident of $400,000. The Seller shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before any of Ne Sellers err his contractors
employees shall du any work upon the premises ofothers, the Seller shall famish the Purchaser with a certificate
that such compensation and insurance have been provided. Such certificates shall specify the date when such
ompenmior and insurance have been Provided. Such ttnificata shall specify the date when such compensation
and income, expire. The Seller agrees that such compensation and announce shall be maintained unfit after the
marine work is considered and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby nwmes the .,an respousibiliry and liability for any and all damage. loss or injury oI., kind
or rt wbluxua er to person or property caused by or resultingfrom the execution of doe work provided for in
this purchase order or in connection herewith. The Seller will indemniy and hold harmless the Purchaser and any
r all of he Purchasers officers, agents and employees from and against any and all waims, Irises, damages,
charges or expenses, whether direct or indirect, and whether to person or property to which the Purchaser may
be put or subject by remain 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, 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 mama of any act, attract neglect, omission w default of the Seller of any of has comtc,ors or any of its or
their officers, agents or employees not aforesaid, the Seller hereby agrees m some rise defense thereof and an
defend the same at the Sellers own expense, to pay any and all cats, changes, mwn,s fees and order expena,
any and all judgments thal may be incorrect by m afi ined again, the Ruchaser or any of its or Neir Orleans,
.,cuts or employees in such wits err other proceedings, and in case judgment so order lien be placed upers or
oboined against the property ofthe Purchsser, or said pared. in or as a mull of such suits or order psxeNivgs,
the Seller will at pace cause the same to be dissolved end dicharged by giving bond or otherwise. The Seller and
has comrawors shall take all su fey precaution, furnish and install all guards accessary for Re pmeration of
accidents, comply with all laws and regulation who regard to safely including, but without limitation, the
Occupational Safety and Health Am of 1920 and all rates and regulation issaed pursuant Remo.
Revised 02R014