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HomeMy WebLinkAbout498349 BANNER CONCRETE - PURCHASE ORDER - 9150050Fort Collins PURCHASE ORDER PO Number Page 9150050 1012 This number must appear on all invoices, packing sli s and labels. Date: 01/07/2015 Vendor: 498349 Ship To: WATER UTILITIES BANNER CONCRETE CITY OF FORT COLLINS 715 PETERSON ST 700 WOOD ST FORT COLLINS CO 80524 FORT COLLINS CO 80521 Delivery Date: 01/07/2015 Buyer: PAT JOHNSON Note: Line Description Quantity Ordered UOM Unit Price Extended Price INLETS CIRCLE DR 1 LOT LS 12,776.50 1317 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 $12,776.50 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. COMMERCIALDETA1LS. Tax exemption. By statute the City of Fort Collins is exempt fmm state and local tarn. Our Exemption Number is 98-04502. Fedenl Excise Tax Exemption Caffcme of Registry P-6000580 is registered with We Collator of last Revenue. Denver, Colorado (Ref. Colorado Revised Summit 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due t failure to meet specifications, either when shipped or due to defects of damage in nanik may he resumed m you for credit anal are not to be replaced except upon receipt of wrinat instructions from the City of Fort Collin. repented. GOODS art subject m the City of ran Collins indication on aMval. Final Acceptance Receipt of the merchandise, services or equipment in response to this order can result in mthoriced payment on the pan of the City of Fan Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable ra,mad inspection procedures. Freigbt Teams. Shipments most be F.O.B., City of Fon Collins, pip Wood St, Fair Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the ongind freight bill ..at accompany invoice. Additional charges for making will not be mcamed. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected fmm the nearest distribution paint to destination, and excess freight will he deducted from Invoice when shipments are made from green distance. Permits. Seller shall procure at sellers sole rasa all neccsmry permib, certificates and licenses required by all applicable laws, regulations, ad dove. and roles of the state, municipality, a nw, or polideril subdivision where the work is performed, or required by any offer duly amounted public authority havingjurisdinio r over the work of vfMm. Seller further agrees to hold are Cry of Far Collin hmmless from end against all liability and loss incurred by ahem by reason of an asserted or established violation of any such lases, regulations, ordinances, rates and ra,irem me Awlwriradon. All parties to this contract agree that the mpresentanives are, in fur, worm fide Bra possess full and complete authority to bind said parries. LIMITATION OF TERMS. This Purchase Order expressly limits acceptanee to the It. and candiumm stated herrin set forth and any supplementary or additional tern and conditions annexed hereto or incorpomtvd herein by ref era. Any additional or different terms and conditions proposed by seller we objected to and hereby rejected. 2. DELIVERY, PLEASE ADVISE: PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date in noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hero. No acts .1 the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver affix provision In the event of any delay, the Purchaser shall have, in addition 1. other legal and equitable remedies, the option urplacing this order elsewhere and holding the Seiler liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable comrol and without its fault of negligence, such acts of God, acts uncivil or military authmrhin, govemmeal priorities, farts, strikes. Bond, epidemics, was or dots provided that notice of the condition caning such delay is given to the Purchaser within rive (5) days of the time when the Seller Brst received knowledge thermf. In the event of any such delay, the date of delivery shall be extended future period al to the time..If, last by... of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and wmk covered by this other will conform with applicable dmwinps, specifications, sample mrdlor other description given, will be fit for the purposes intended, not performed with are highest degree of care and competence in accordance with accepted sandals for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss. damage m expense which the Pumhaser may sufferer secured account of the Sellers breach of emrmary. The Seller shall replace, repair or make Board, without cost to the purchase, any defects or fours arising within one (1) year in within such longer period of time as may be prescdhed by law or by the terns of any applicable warranty provided by the Seller after the date of acceptance of the goad furnished hereunder (anceptmce wit in he unreasonably delayed), resulting fmm imperfect or defective work done or aterials famished by the Sella Acceptance or use of goods by the Purchaser shall not o m ante a waiver of any claim under this warranty. Except as otherwise provided in this Purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or gnamntees, but such liability shall in we event include lass of profs or loss of ere NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. q. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change oMe,. 5. CHANGES IN COMMERCL 1. TERMS. The Purchaser any make any changes to the mass, other thin legal tern, including addiricrres an or deletiorn from the quantities originally ordered in the specifrcationes ar drawings, by vatuil or wrinen change when. If any such change.irecas he ...a, due a me rime ofpermrmaa« hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrinen change order, termirmt this agreement as to any or all portions of the goods then no, shipped, subject to any equitable adNsmrent between the Patties as as any work or atcrials then in pmppss pruvidcd that the Purchaser shill .1 he liable for any claims for anticipated pmfts on the uncompleted portion cram good ma for work, fro incidental oe cam quential damages. and that no such superman he nude in favor of the Seller with carrier to any goods which art the Sellers standand sweL No such teraimmen shall relies'e the Purchaser or are Seller array of their obligations as to any goods delivered hereunder. 7. CW IMS FOR ADJUSTMENT. Any claim for adjustment most be assred within Wny (30) days from the date the change or lamination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have ban produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods arc subject The Seller shall execute and deliver such documents as may be, required m effect or evidence compliance. All laws and regulation required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser he.]. rem all casts and damages sulTerzd by the Purchaser es a result of the Sellers failure to wmply with such law. 9. ASSIGNMENT. Neither pry shall assign, tranfer, in curacy this order, or any monies due or to become due hmerder wihoun the prior wriarn consent of the Orion pry. 10. TITLE. The Sella warrants full, clear and uruesfiicred micro the Paarchaser fro all equipment, materisls, and ire. f 'shed in performance of Nis agreemem. fs and clear of any and all lien, resuiti on, .,as., accuriry monesr encumbances red claims ofodo rs. I L NONWAIVER. Failure of the Parchadcom to insist upon inner performance of the terms and evaluated hereof. failure or delay m xy rights or remedies provided herein or by law, failure to promptly notify the Sella in be event of a bac4 anthe acceptance ofor payment Am goods hereunder on .,.cut ofite design, shall trot release the Seller of any of the warranties or obligations of this purchase order and shall not he deemed a waiver of my right of are purchaser to insist upon strict performance bawfor my of as rights in rzmedies as to any such goods. regardlss of when shipped, received or airspace, as to my prior or subsequent default hereunder, nor shall any portioned oral modification or rescission of this purchase order by the Purchaser .,rote as a waiver of any of the terms hence(. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual ac is praince, overcharges resulting from antitrust violations are in fact home by the Purchaser . Theretofore, good cause and as conidemtion for executing this Furniture order, the Seller hereby assigns to are Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant o this purchase orda. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective gouts by a dale 10 be agreed upon by she Furehaer add the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to he Performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall mania the Purchaser and its mnlracrors of any tier fmm all liability and claims of any random resulting franc the performance afauch work. This affaxe shall apply even in the event of fault of negligence of the party mleased and shall extend to the directors, officers and employees ofsucb may. The Sellers continental obligation, including wmmary, shall net he domed m be railroad, in any way, bttause such work is performed or ..it.. he fifififirawl by the Purchaser. Ia. PATENTS. Whenever the Seller is required to use any design, device, material or process emcwl by Iema, yarn,, trademark or copyright, the Seller shall indemnify, and save har ndess,he Pmdarew rem any end ell claims for Inldngemem by reason of the use of such patented deign, device, material or process in correction with the contract, and shall indemnify the Purchaser for any cast, expense or damage which is 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 equipment, or any pan thermf 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 n, continue using mid equlpmmt or as replan the same with substntially equal bun voninfringing equipment, or modify it so it becomes nodnfnnging. 15. INSOLVENCY. If the Seller shall become inolvem or barlpk make an assignment far the heneN of creditors, appoint is receives or trusfee for any of the Sellers property or business, this order may forthwith he caroled by the Puchaer without liability. 16. GOVERNING LAW. The deductions of ternx used or the interpretation ofthe agteemmt and the rights of all pubs hereunder shill be conwed under and govemed by the laws of the See ofC.Imado, USA. The following Additional Conditions apply may in cases where the Sella is te perform work hereunder, including the services of Sellers Reprtasnalive(s), on the premise ofother. 19. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Sellers own risk wak awe same as fully mmplered anal wall and shall, in eau of any accident, destruction or injury to the work and/or materials before Sellers final completion aM acceptance, complete the work at Sellers own exprsse and to the satisfaction of the Purchaser. When atnials and equipment art famished by others for installation or erection by the Sella, the Seller shall receive, unload, ,rare and handle same at she site end become responsible fireman as though such materials and/or equipment were being famished by she Seller under the maker. IS. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in correction with the wmk covered by this purchase order, andor to their dependents in accordance with the laws of the state in which the work is to be done. The Sella shall also carry comprehensive award liability including, bur not limited to, contractual anal automobile public liability insurance with bodily injury and dead, limits of m least 5300,000 for any one person, 5500,000 for any one accident and property damage limit per accident of S400,000. The Sella shall likewise require his commators, if any, to provide for such compensation and commence. Before any of the Sellers or his contactors employees swan do any work at the premises otube., the Seiler shall f ish the Purchaser with a cenircate that such compensation and imumnee have been provided. Such artifcates shall specify the date what such compensation and inurance have been provided. Such anmcare, shall specify the date what such compenwtion and imumme expires. The Seller agrees that such cons shah Don and measure shall he maintained until after are tare work is completed aM scanted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby as roes the entire respectbility and liabilityfee any and all damage, loss or injury army kind or nature whauoever to porous or property caused by or resulting fmm the execution ofare work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of are Purchasers officers, agents and employees ram and against any and all claims, lour, damages, charges or expenses, whether threat or indirect, and whether to person or property to which the Purchaser may be put or subject by reason of any act, action, nation, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employers 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 reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay my and all costs, charges, attorneys fees and other expenses, my and all judgmrnss that my he insured by or obtained against the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien he placed upon or obtained againt the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the mine to be dissolved and discharged by giving bond or otherwise. The Seller puled his contractors shall take all safety precaution, f 'sh and mull all guatds ancesvry for the prevention of acsidents, comply wit all laws and mgulmions with regard to safety including, but without limitation, the Oauytional Safety and Healar Act of 1970 wad all cols and regulation issued pursumn thereon. Revised 07/2014