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HomeMy WebLinkAbout498349 BANNER CONCRETE - PURCHASE ORDER - 9147543Fort Collins Date: 1212212014 Vendor: 498349 BANNER CONCRETE 715 PETERSON ST FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9147543 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: 12/22/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price I CSU pipe Abandonment WO#902070-2014CSUPA 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@fogov.com 1 LOT LS 4,300.00 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. COMMERCLV.DETAILS. Tax exemptions. By smmre the City of Fort Collins is exempt from state and Imal tour. Our Exemption Number is 98-04502. Federal Excise Tax Exemption CMificam of Registry 84 6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Raised Statures 19II, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due m failure to meet specifications, either when shipped or due to dollars of damage in transit, may be returned to you for credit and Are not to be replaced except upon receipt of written instructions from the City of Fart Collim. hsspection. GOODS Am subject o the City of Fort Cables inspection on ¢rival. Final Acceptance. Receipt of the mathandise, sera or equipment in respome to this oNer an result in authorized payment oa the From of the City of Fort Collins. However, it is to he urWmmod that FINAL ACCEPTANCE is dependent upon completion Af all applicable required inspection procedures. Freight Terms. Shipments must be FOR,, City of Fort Collins, Too Wood St., Fort Collins, CO 80522, unless otherwise specified on this order. Wpeedowns is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges far packing will not be accepted. Shipment Distance. stbere manufacturers have distributing points in us pans of the country, shipment is expected from the nearest distribution point m destruction, and excess freight will be deducted from Invoice when shipments Arc made from greater distance. 11. NONWAIVER. Failure of the Purchaser b insist upon sniet performance of the terms and conditions hereof, failure or delay m exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach the acceptance of or payment for goods hereunder or approval ofthe design, shall not miaow the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of We purchaser to insist upon strict performance first any Af its rights or ¢roadies as to any such goods, regardless of when shipped, received or accepted As to any prior or subsequent default hereunder, nor shall any purported anal modification or rescission of this purchase order by the Purchaser operare As a waiver of any of the teem hereon 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Problems .,am Wert in Actual or no is practirs, .1 mges resulting from mmitrust violations are in fact home by the Ptuchx[er. Theraofno, for Bond cause and As consideration for executing this purchase order, the Seller hereby assigns to We Purchaser my and ell claims it may now have or hereafter acquired under federal or state mtioust laws for such overcharges relating an the particular goods or services purchased or acquired by the Pur finer pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Parcheer directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Sellu, had the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may came the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs assaciated with such work. Pennies. Seller shall p.am at sellers to cast call na., permits, certificates And homes required by all applicable laws, regulations, orditames And roles of the state, municipality, memory or political subdivision where the work is performed, or Acquired by my other duly consfirmed public Authority havingjwsdictiw over the work of vendor. Seller fruiter agrees to hold the City of Fort Collis barmless from am against all liability And loss incurred by them by wrwn of As sssened or established violation of my such laws, regulations, ordinances, roles .ad regn accumne, Authorizaiov All ponts to this contract agree that the representatives arc, in fact, bona fde and pmoseas full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tames end conditions stated herein set forth war any supplementary or additional mrms and conditions annexed hereto or iner,racced herein by reference. Any additional or different corms and conditions proposed by seller am objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make own lerc shipment b were on your promised delivery dam As noted. Time is of the out Delivery and part ante most be official within the time stated on the purchase order and the docamrnn attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial lam deliveries, shall operate As a waiver of this provision. In the event of hay delay, the Purchaser shall have, in addition to other legal and nameable remedies, the option of placing this order elsewhere and bolding the Sella liable far damages. However, the Sella shall not be liable far damages as A remit of delays due to causes net reasonably foreseeable which are beyond its reasonable control and without its fault of acgl igence, such acts of God, acts Afcivil or military authorities, governmental priorities, fires, strikes, Bowl, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchase within five (5) days of the time when she Seller flat received knowledge thereof In the event of any such delay, the date of delivery shall be cxmnded for the period equal to We time actually lost by ream. of the delay. 3. WARRANTY. The Sella wararms Nat ell goods, Articles, materials and work covered by this water will confirm with AWtiable drawings, specifiatiorrs, samples turbine other descriptiona given will be fit for the purPows intended And Performed with the highest degree of cart and competence in accordance with accepted stmdards for work of a similar nature. The Seller agrees to hold she partiaser harmless tram my loss, damage or expense which the Purchaser may sulfur or incur en account of the Sellers breach of warranty. The Seller shall replace, repair ar make good, without cal to the purchaser, Any defects or faults arising within one (1) year or within such longer period of time as may far prescribed by law or by the tenor of my applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be uoccasionally delayed), mauling from imperfect or defective work done or Amounts furnished by the Seller. Acceptance or use of goads by the Purchaser shall not constitute a waiver of my claim under this warrmcoe. Except As otherwise provided in this purchase order, the Sellrn liability hereunder shall extend to all damages proxitrately aumd by the breach of any of the f going warour io or guarantees, but such liability shall in no event include loss ofpmfim or lass 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 sonatas change ardor. 5. CHANGES IN COMMERCIAL TERMS. T be Parent— may make any changes w the actma, oAr r run' legal action, including addition to m deletions rem the quantities originally ordered in the specifications or drawings, by verbal or wrimen change order. If any such change officers the amount due or the lime of performance hereunder, an equitable Adjustment shall be made. 6. TERMINATIONS. The Purchaser may at my lime by Admen change older, terminate this agreement As m any or all lamimu of the goods Hen nor shipped, subject to any equitable adjusment berween the parties As w Any work or materials then in progress provided chat to Purchaser shall not be liable fro any claims for Anticipated profits on the ureompleted ponion of the goods andor work, for incidental or cons qumtial damages, and dust no such Adjustmat be made in favor of the Sella with respect to any goods which are the Sellers stmdarl stock. No such termination shall relieve the Purchaser or the Seller of any efdoeir obligmiom or An Any goods delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be Asserted within thirty (30) days from the dam the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, said, delivered and famished in stria compliance with all Applicable laws and regulations m which the goods art subject. The Sella shall cxecum end deliva such documents As may be rx,umad to effect or evidence compliance. All laws W regulations required to b, incorporated in agreements of this Notation Are hereby incorporated (mein by this reference. The Sella agrees to indemnify mW hold 0m Purchases harmless from all costs And damages suffered by the Purchaser m a =oil of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall Assign, number, or convey this At or any monies due or At become due hercwder without the prior written couwnt of the other party. 10. TITLE. The Sella wmmnm full, clear and unrestricted title no We Punctuator for all equipment, materials, had it. furnished In perfomlance of this grammar, fee had clear of my And All lieu, restrictions, feservahons, accurity Interest encumbrances and claims ofadoers. The Seller shall release the Product and its contmctars of Any tiff Gram All liability and claims of my wture .I'm, Torn We peformunce fsuch work. This relase shall apply eve in We event or fault of negligence of doe army released had shall extend a the directors, Affairs and employees of such patty. The Seller's contractual obligations, including warranty, shall not be deemed m be reduced, in any way, because such work is perfotmN or caused m be performed by the Purchaser. 14. PATENTS. Whenever doe Sella is required to use Any design, device, mamlud ar process earned by Ions, patent, trademark or copyright, the Sella shall indemnify and save harmless the Purchaser from my and all claims for infringement by reason of the ace, of such palmed design, device, material or process in convection with the oo.trac, and shall indemnify de Parebeer for Any cos, expense or damage which it may be obliged to pay by yawn of such infringement or any time during the Prosecution or after the completion of the work. In cue said equipment. m any pan thereof or doe ineMN use of the goods, is in such suit held to emanate infringement and the use of said equipment or pat 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 We same with substantially equal but noninGnging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Sella shall become insolvent or bankrupt, make an Assignment for We benefit of ceditan, appoint a receiver or mosta for any of the Sellers progeny or business, this order may forthwith be canceled by the Pmcfawr without liability. 16. GOVERNING LAW. The definifiolva of coma mad or the iwerpeution of the agreement mad the rights of all parties Alexander shall be construed under And governed by the laws order Stare of Colorado, USA. The following Additional Conditions apply only in asses where the Sella is a perform work hoe , including the services of Sellers Repremvmtive(s), on doe promises of orders. 19. SELLERS RESPONSIBILITY. The Seller shall any on said work at Sellers own risk until the some is fully completed and Accepted, and shall, in rase of Any Accident, destruction or injury to the work harbor materials before Seller's final completion and Acceptance, complete the work in Sellers owe expense and to the satisfaction of the Particular. When materials And equipment are f isbal by orders for installation or erection by the Sella, the Sella shall receive, ¢load stare and fdle same at the see And become responsible therefor as though such materials tudfor equipment were being WmisM by able Sella under the order. 18. INSURANCE. The Sella shall, at his own expense, provide for doe payment of workers compensmion, imluding eccupmioml disease benefits, to its employees employed on or in connection with she work covered by this purchase oNer, and/or to their dependents in accordance with We laws of the state in which the work is to be done. The Sella ,hall alw carry comprehensive gon [al liabiliry including, but not limited to col and miturnalail, public liability insurance with bodily injury and death limits of at lead $300,000 for any one person, $500,000 for any orator and property damage limit per a cident of $400,000. The Seller shall likewise lemin, his contractors, if any, to provide for such compensation and insurance. Before Any of the Sellers or his contractors employees shall do any work upon the prennsee of others, the Sella shan fish the Panama wish A certificate bat such compametion and insurance have been provided. Such certificates shall specify the date when such compa¢aation and insurance have been provided Such cmifiates shall specify Be date when such compensation and insurance expires. The Sella agrees that such compensation And insurance shall be maintained will after the enure work u complete and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby ass mer the entire respoaibility and liability for my aM all damage, loss or injury ofhay kind or nature whamvever to pctwm or property, caused by a resulting from We execution Afire work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless We Purchaser and my r all of the Pumhasers olBcers, agents and employers from end against any end all claims, lasses, damages, charges or expenses, whether direct or indirect, and whether an persons or progeny to which the Purchaser may be put or subject by reason of Any acL action, neglect, omission or defmlt on the pan of the Seller, any of Fes conuactors, or my of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against the Purchssa, or its Officers, agents M employees at hay time on Account m by brown of my Act, Action, beglec, omission in default of the Sella of any of his contractors or Any of its or their oflicas. Agents or employees as woreald, the Sella hereby ages to assume the defame thereof and An defend the same At the Sellers own exp case, to Pay Any And all erosa, charges, atmmeys fees and other expenses, Any and all judgments door may be, incmrad by or oMained Against the Purehawr or my of its or their officers, agen¢ or employees in such suits or other proceedings, and in am judgment or other lien be placed upon or obmined against the property ofine Purchases, or said parties W or es A.11 of such its or oNer proceedings, the Sella will at once muse the same to be dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall take all safety precautions, famish am install all goods necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Healed Act of 1970 and all miss And regulation issued pursuant doeAcW. Revised 07=4