Loading...
HomeMy WebLinkAbout498349 BANNER CONCRETE - PURCHASE ORDER - 9147545Fort Collins Date: 12/22/2014 Vendor: 498349 BANNER CONCRETE 715 PETERSON ST FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9147545 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 1 JC Track Repairs WO#902070-2014JCTrack 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.wrn 1 LOT LS 22,006.75 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Eder Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins of exempt firm state and local poxes. Cur Exemption Number is U-NONWAIVER. 98-04502. Federal Excise Tax Exemption Cenifwte of Registry 84-600058T Exed registerwith the Collator of Failure ofthe Purchaser m maim upon inner pelf nee affiliate terrns and conditions heaeaf, failure or delay to Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Smite, 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by Low, failure to Promptly ratify the Seller in the moms of a breach, the acceptance of or payment far goods hereunder or approval ofthe design, shall not release the Seller of Goods R jeered. GOODS REJECTED due w failure to meet specifications, either whin shipped or due to defects of any of the warranties or obligations of this purchase order and shall not W chaired a waiver of any right of the damage in transit, may be mo mad to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereupon any of its rights or remedies as to any such goods, regardless instructions from the City of Pon Collins, of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oat modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the meats Inspection. GOODS are subjat to the City of Fort Collim inspection m arrival. hereof. Final Acceptance. Remain of the merchandise, services or equipment in response to this order ran result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authanned payment on the pan of the City of Fiat Collin. However, it is m be understood that FINAL Seller end the Pumhnser recognize slat in actual aonomlo praztim, overcharges resulting from maiddsr ACCEPTANCE is dependent upon completion of all applicable required initiation procedure. violations art in fact home by the Purchaser. Thmremfom, for good caos< and as consideration for executing this purchax order. the Seller hereby assigns to the Puahasa tiny and all claims it may now have or hereafter Fmigh, Terror. Shipmm¢ must be F.O.B., City of Fort Collins, 9W Woad St, Fort Collins. CO 80522, unless acquired under federal or state mtitrust laws fir such overchatge relating to the particular goods or services mherwise mcnifid on finds order. Upermission is given la prepay freight will charge separately. the original freight purchased or acquired by the Pualra pursuant to this purchase order. bill most accompany invoice. Additional charge, for parking will not be sans ed. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufecmmrs have distributing points in variom pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to b, sg,eed upon by the expected firm the nearest distribution point to destination, and carts, freight will be deducted from Im'oif, when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchae, shipments are made from greater distance. may cause the work to be Performed by the most expeditious means available to it, and the Seller shall pay all casts associated] with such work. Permits. Seller shall proure car sellers sale cost ell necessary permit, certificates and licenses required by all applicable Inws, regulatiom, ordinances and poles of the stale, municipality, territory or Political subdivision where The Seller shall release the 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 commuted public authority having jurisdiction over the work resulting firm the Performance of such work. of vendor. Seller further amom to hold the City of Fort Collins harmless from and spoor all liability and lass incurred by them by reason of an asserted or established violation of any such laws, regulmiom, ordinances, poles This release shall apply even in the event of fault of negligence of the party released and shall extend to the and requirements. disco ors, officers wed employees ofsuch party. Andomation. All ponies a this contract agree that the representatives are, in fact, Wm fide and possess full and The Seller's Emotional obligation, mcluding warranty, shall not be deemed to be reduced, in any way, because complete authority a bind said partie, such work is performed or mused to be perr fomed by the Protestant. m LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to e terms and conditionds stea herein set forth and any supplementary or additional retms ad conditions waxed hertm or incorporated herein by referrnce. Any inklo arni or dllhrem to. and conditions proposed by seller are objecled m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time stand on the purchase order and the documents attached herem. No acts of the Purchasers including, without limimdan, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchase, shall have, in addition m other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall pot be liable for damages to a result of delays due to causes not ressowbly foreseeable which am beyond its reasonable central and without its fault of negligence, such acts of God, Eves of civil or military outhenties, govemmmtal priorities, fires, strikes, flood, epidemics, wars or mots provided rho wore of the causho e, causing sueb delay is given to the Pwchsser within Eve (5) days of the time when the Seller first received knowledge thereof. In the event of my such delay, the dam of delivery shall be extended for the period rywl to the time acmaBy Imt by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples andtm other description given, will he fat for the purposes intended, and performed with the highest degree of care and wmpclence in accordance with accepted standards for work of a similar nature. The Seller agrees m hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make god, without cost to the purchaser, any defects or faults wising within one (1) year or within such longer peril of time as may Ix prescribed by law or by the terms of my applicable warranty provided by the Seller after the date of acceptwee of the goods fiunished hereunder (Evceptwce not In be unreasonably delayed), resulting from imperfect or defective work done or nanmds famished by the Seller. Acceptance or use of goads by the Purchaser shall mt ..far. a waiver of any claim under this wamaty. Except ex otherwise provided in this purchsse order, the Sellers liability hereuder shall extend to all damages proximately wined by the breach of nay of the foregoing warrmfcs or gmmntees, but such liability shall in no event include lass ofprofins or 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 tents by wnnen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, otl¢r than legal leans, 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 mn'ea the amount due or the time ofperformanre hereunder, an equitable adjustment shill ha made. 6.TERMINATIONS, The Purchaser may at any time by written change order, terminate this agreement m to any or all pinions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall pot Ire liable for any claims for anticipated pmfia on Else uncompleted Portion of the goods andrm work, her incidental or can quemial damages, and Wt no such adjustment be made in favor of the Seller with respect to any goads which art the Sellers standard stock. No such mrmiratiw shall reline tM Purchaser or the Seller of may wfdoeir obligations v to any goods delivered hereunder. J. CLAIMS FOR ADIUSTMENT. Any claim for adjustment most he asserted within thirty, (30) days from fire date the change in temarrown is ordered. I. COMPLIANCE WITH LAW. The Seller warrants Nat all goods sold hereunder shall have been 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 documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this chameter arc hereby iworyomted herein by this reference. The Seller agrees m indemnify and hold the Purchaser harmless firm all costs and damages suffered by the Purchnser m a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign,..for, or convey this coder, or any mown due or to become due herewder widow, the poor written candam offe oiler parry. 10. TITLE. The Sell,, warnnta full, clear and unrestricted title to the Purchaser for all ryuipmeat. materials, and items f nand st in performance of this agreement, free and dear of any and all lies, rammions, rescrvatiom, security interest encumbrances and claims of offers. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by Imer. patent. trademark r copyright. the Seller shall indemnify and save harmless the purchase, from any and all claims for infringement by recurs of the tau of such patented design, device, mammal or process in commarm. 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 commitment at any time during the prosecution or spot the completion of the work. In case said equipment, or any pan thereof or the intendd use of the goods, is in such suit held to constitute infnngemem and the use of said equipment or pan is enjoined, the Seller shall, at its awn expense and at its option, either procure for the Purchaser the right to continue using said equipment or peals, replace the same with substantially equal but noninfnnging equipment, or modify it so it becomes naninfdnging. IS.INSOLVENCY. If the Seller shall become insolvent or bakrdp,, make an assignment for the bewfil of creditors, aplarm, a oneiver or trance for any of the Sellers propery ir bmiress, this order may foMwith be maceled by the Purchases without liability. 16. GOVERNING LAW. The definition of terrns cad or the inter actnlion ofthe specified and the rights ofall panic hereunder shall be comhued under wed governed by the laws of the Some ofCwlonde, USA. The fallowing Additional Conditions apply only in where the Seller is to perform work hereunder, ses seces including the rviof Sellers Represemfive(,), on the premises ofathers. 17, SELLERS RESPONSIBILITY. The Seller shall rarry ov said work at Sellers own risk until the same is fully completed and accepted, and shall, in se of any accident, detraction or injury, to the work valor materials before Sellers final completion wed acceptance, complete the work in Sellers own expense ad to the satisfaction of We Purchaser. When materials wed equipment am famished by others fir installation in oectim by the Sever, the Seller shall receive, unload, store ad handle same in the site most become responsible therefor w though such materials mNir equipment were We, fi ishd by she Seller under the order. I I. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including mcupviowl disease benefits, to it. employees employed on or in connection with the work covered by this purchase order, an Nor to their dependents in aceurdance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive national liability ineludio,, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least SlW,WO for any one person, 55W,Wo for any raw accident snit property damage limit per occident of 5400,000. The Seller shall likewise require his contractor, if any, to provide for such compwation and imumnce. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall Finnish the Purchase, with a ceniocam that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such coreficasn shall specify she date when such compensation drat inamme ce expires. The Seller agrees that such compensation and insurance shall be maintained until after the cadre work is completed and -coined. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assutas the entire responsibility and liability fir my and all damage, loss ir injury ofmy kind or nature whatsoever m persons m property outsell by or resulting firm the execution office work provided for in Nis purchase miler or in mmection herewith. The Seller will indemnify and held hornless the Purchmer ad any r all of the Purchasers officers, agents and employees firm and against my and all claims, Insses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may ha pm or subject by reason of any act, action, megdM, omission or default on the part of the Seller, any of his contractors, or any of the Sellers cor contraction officers, egenm or employees. Incam ny suit or other proceedings shall be brought against the Pumhaceq or its officers, agents or employees at any time on account or by mason of any on, action, neglect, omission or default of the Seller of my of his contractors or my of its or their officers, agents or employees ns aforesaid, she Seller hereby agrees to assume the defense thereof and m defend the same at the Sellers own expatriate. to pay my end all costs, charges, anomeys f s and other expenses, my ad all judgments Oat may be incurred by or obtained against the Purchaser or my of its or their officers, agent or employees in such suits or other proceedings, and in case judgment car other lion be plead upon or obtained again, th, property of she Purthnser, or said ponies in or as it result fsuch swat or whirr, proceedings, the Seller will an once cause the same In be dissolved and duchargd by giving hod or otherwise. The Seller and his conuaerors shall Into, all safety precautions, famish and install all guards daessary for goo prevention of accidents, comply with all taws and regulation, with regard to safer, madding, WE without limitation. the Occupational Safety ad Health Ac, of 1970 and all roles and regulations issue pursuant thereto. Revised Wa(H4