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HomeMy WebLinkAbout498349 BANNER CONCRETE - PURCHASE ORDER - 9150049Fort Collins Date: 0110712015 Vendor: 498349 BANNER CONCRETE 715 PETERSON ST FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9150049 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/07/2015 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price PATCH WORK COLLEGE/MULBERRY 1294 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 6,450.34 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 rder Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemption. By stature the City of Fort Collins is exempt fora state and local puce. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Canificae of Registry 8415000589 is registered with the Collector of barmaid Revenue, Denver, Colorado (Ref. Colorado Revised Sumacs 1973, Chapter 39-26, 114 (a). Garcia Rejected, GOODS REJECTED due to failure to meet specifications, either when shipper) or due to defects of damage in transit, may be mounted to you for credit mid are not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins impaction on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependentupon completion ofallappliable rut ird inspection procedures. Freight Tun. Shipments must b, F.O.B., City of Fort Collim, IN Wood St, Fort Collins, CO 80522, unless otherwise speoified on this order. Upemrission is given to prepay f fight and charge separately, the original freight bill most accompany invoice. Additional charges for puking will out be accepted. Shipment Distance. Where manufaaurcn have distributing points in vuriom pans of the country, shipmen, is expected from the nearest distribution point to destination, and excess freight will be dednetd from Invoice when shipments art made from grater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenes required by all applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision where the work is performed, or requiml by any other duly constituted public authority having jurisdiction over be work of vendor. Seller further agrees m hold the City of Fon Collins harmless from and against all liability and loss incurred by them by reason of an summed or established violation of any such laws, regulations, ordinances, rules aul requirements. Authorization. All parties to this actual agree that the represcnutives are, in fact, born fide and possess fall ad complete authority m bmd said parries. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the tens and conditions staid herein set forth and any supplementary or additional terms and condition annexed hereto or incorporated herein by reference. Any additional or different ters and condition proposed by seller arc objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou carom make complete shipment to arrive on your promised delivery date to noted. Time is of the essence. Delivery and performance rest be elfeard within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without linoleum, acceptance armorial late deliveries, shall opemte as a waiver of Nis provision. In the event of any delay, the purchaser shall have, in addition w other legal mid almost remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes out reawmbly foresceable which art beyond its reasonable mntul east without its fault ofnegligenc , such acts ofGoE, acts ofeivil or military authorities, govemmental priorities, fires, strikes, Max, epidemics, wars or riau provided but notice of the conditions casing such delay is given to be Purchaser within five (5) days of the time when the Sella first received knowledge thereof. In the event of any such delay, be date of delivery shall be extended for the period equal to be time actually last by reason ofthe delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will cromm with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and Performed with the highest degree of care and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the pumlaur harmless form any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wartznty. The Seller shall replace, repay or make god, without cost to be pumhscr, any def n or faults aming within one (U year or within such longer peril of time as may be pracdbd by law or by the terra of any applicable warranty provided by be Sella after the date of accepmnce of the goods fumahed hereunder (acceptance rot in be umrawnably delayed), resulting from impartial or defective work done or mmeriak fumishd by be Seller. Areeptance or once of good by the Purchaser shall not nmmotte a waiver of my claim under this waTOnly. Except as otherwise Provided in this purchase order, the Sellers liability hereunder shall extent to all damages cumin act, amed by the breach of any of the foregoin, warmns ar gu ro m y , but such liabiliy shall in m even, include loss of profits a 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 terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchnu may make any changes m the terms. other than legal terms. including additions to or deletions from Ne quantitiesrorigmdly ordered in the sped fiatios or drawings, by verbal or wheat change order. If my such change affects the amoant due or the time afperfoans. herepedee, to equiable Wjustmrnt shill be made. 6.TERMINATIONS. The Purebser may at my time by written change ruder, moment, this agreement as to any ter all portions of the good then rot shipped, subject to any equitable adjustment between the Parties as to any work ter materials then in pmgrss provided that the Purchaser shall not be liable for my claims for anticipated profits on be uncompleted portion orb, goods and/or work, for incidental or corrsryuential damages, and that no such adjmtment be made in favor of be Seller with respect to any good which art be Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligatiom as to my good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for djmtmmt most be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller waments but all goods sold MrcuMer shall have been produced, sold, delivered and tumbled in strict compliance with all applicable laws and regulations to which the goads art subject The Seller shall exam a ant deliver such documents as may be belched to effect or evidenre complume. All laws and regulatios requited to be nemporated in agreement, of this character ate hereby incorporated herein by this reference. The, Seller agrees to indere ify and hold the Purchaser harmless firma, all roasts and damages suffmN by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign transfer, or convey this order, or any monies due or to become due hereunder withom the prior written consent oflhe other pony. HITITLE. The Seller warrants full, clear and i m itnoted title to the Purchaser for all ryvipmeut materials, and it. fumishd in performance of this agreement free ant clear of my and all liens, restriction, maervatiom, security interest encumbrances ad claims of others. I I. NONWAIVER. Failure of the purchaser to insist upon this, performance of the terms and cons itimi, hetcaf, End. or delay tp excurise any rights or remedies provided herein at by law, failure m promptly notify the Seller in the even, of a breach, the acceptance ofor payment for good hc¢under or approval of the design, shall not release the Seller of any of the warranties or obligation of this purchase order and shall not be deemed a waiver of my right of the purchaser to insist upon strict performance hereof or any of its rights or remedies m to any such good, ¢gardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purpaned oral modification or rescission a this purchase order by the Purchaser operate as a waiver of any of be terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and Ne Purchaser recognize but in robust economic practice, overcharges resulting form mtitrast violations are in fact home by be Purchaser. Tbemofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Proof ser my and ell claims it may now, have a hereafter acquired mear federal or state simmus, laces for such overcharges relating to the Particular good or services pachmed a acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Furth. direct, the Seller to correct nonconforming or defective good by a dam to be agreed upon by the Purchaser and the Seller, and the Seller ,hamper indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs smciated with such work. Ile Seller shall release the Purclumr and its contractors of any tier men all liability and claims of any more resulting from the performance ofsuch work. This release shall apply even in the even, of fault of negligence of the party relemcd and shall extent to the directors, officers and employees ofsuch party. The Sellers contractual obligation, including warranty, shall not be deemed to be «.laced, in my way, became such work is performed or cased m be performed by the Purchaser. 14, PATENTS. Whenever the Seller is required to use any design, device, mmenal or process covered by lever, parent, trademark or copyright, the Seller shall indemnify and save hamles the purchaser form any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said c,opmem, or coy pan thereof or the intended use of the good, is in such suit held to constitute infringement and the me of mid equipment or pan is enjoined, be Seller shall, at its own asperse and at its option, either procure for the Purchhaer the right to continue min, said equipment or parts, replaze the same with subamntially mual but awninfringing equipment or mdify it a , it becomes noninlringing. IS. INSOLVENCY. If the Sella shall become imoWent or baNuupk make an aasi,mnem for the henef of etedimrs, appoint a raciva or trus tee for city of be Sellers property orbiomass, this order may forthwith be .1al by the Purchaser without liability. 16, GOVERNING LAW. The definitions of to. used or the interpretation of the agreement and the rights of all pansies herewder shall be construed under and governed by the laws ofthe State of Colorado, USA. The following Additional Condition apply only in cases where be Seller is to perform work hereunder, including the services of Sellers Re,resenmfive(s), on the premises of otters. 10. SELLERS RESPONSIBILITY. The Sella shall carry oo said work at Sellers own risk until the same is fully completed and maple, and shall, in ease of any accident, destruction or injury to the work mdor materials before Sellers foal completion ant acceptance, complete be week at Sellers own expeme and m the satisfaction of the purchases. Wben mmenals and equipment are football by others for immllmum a mumme, by the Seller, the Seller shall receive, unload, mart and handle same au be site and become responsible therefor as though such materials and/or equipment were being bombard by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expanse, provide for the payment of workers compensation, including Occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the suite in which the work is to be done. The Seller shall also tarty comprehensive general liabiliy including, but not limited to, contraction] and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, $500,000 for any article., and property damage limit per accident of 5300,000. The Seller shall likewise require his contractors, B any, m provide for such compensation and imurune. Before any of the Sellers done, contractors employees shall do my work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compentsmion and isumnce have been provided. Such certificates shall specify the date when such ompensetion and irsv—e have been provided. Such cau fiates shall specify the date when such wmpcmation and insumucc expires. The Sella ogres that such compensation and insmance shall be mainmined well after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sit la hereby asmmex the entire Ow, ssibility and liability for any and all damage, Ins or injury crony kind or nature whatsoever to person or property caused by or resulting fnm the execution Of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold commas the Purchaser and any r all of the Purchasers officers, agents and employees from and against any and all claims, lasses, damages, charges or expenses, whether direct or indirect, and whether to persom or property to which the Purchaser may be put or subject by reason of my act, action, neglect, omission or defaull on the pan of the Seller, any of his contractors, or any of the Sellers or contractors oBicers, agents of employees. In cse, any suit or other proceedings shall be brought against be Punhsser. or its officers, agents or employees at any time on acrnmt or by reason of my cq action, neglect, omission or default of the Seller of my of his contractors or my of its or their eRcers, agents or employees as afouasid, the Seller hereby agrees to assume be defese there fond to defend the some at me Sellers own expense, to pay my and all costs, charges, abameys far and other expenses, my and all judgments but may be incurred by or munined against der Purchaser or my of its or bar officers, agents ter employees in such suits or other proceedings, am in case judgment or other lien be placed upon or obtained against be properry of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and diselargd by giving bond or ofefwiss. The Seller and his contractors shall take all safety precautions, famish and install all goard neccoury for Ne prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursumt Near.. Revised 074?014