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HomeMy WebLinkAbout498349 BANNER CONCRETE - PURCHASE ORDER - 3215116Fort Collins Date: 01/09/2015 Vendor: 498349 BANNER CONCRETE 715 PETERSON ST FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 3215116 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 01/09/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 2015 CONTRACTUAL 1 LOT LS 50,000.00 per terms and conditions of bid 7658 THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 1. CO.MMERCIALDETAILS. Tax examptiom. By statute On, City of Pon Collins is exempt fmm stale and local hams. Our Exemption Number is 98-04502. Federal Eabc Tax Exemption CeniGcate of Registry 84fi000580 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, $14 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in narmih may be, returned to you for credit and arc not to be replaced except upon receipt of written irstruse iews from the City ofFort Collues. Inspection. GOODS. subject to the City of Fw Collins inspection m arrival. Final Acceptance. Receipt of the merchandise, on -ices or equipment in wsgp a to this arder can result in authorised payment on fie pan of fie City of Fort Collins. However, it is to be ttndmtod than FINAL ACCEPTANCE is dependent upon completion of all applicable requiredinspation procedures. Freight Terms. Shipments most be F.O.B., City of Fan Collins, IN Wood St, Four Collins, CO 80522, unless otherwise specified on this order. Upermission is given to prepay freight and charge saparately, the original freight bill muss accomomv invoice. Additional charges for packing will not be ucceotd. Shipment Distance. Where mnufuctuaers have distributing points in various part.; of fie country, shiparem la eaprred fiver the moment distribution paint in denimtion, and carriers freight will be deducted fmm Invoice what shipments are made from grater disance. Permits. Seller shall procure at sellers sale cost all hamony permits, certificates and licenses required by all applicable laws, mandatiors, ordinances and tales drive state, municipality, territory or Political subdivision where the work is performed, or required by my after duly constituted public authority having jurisdiction over fie work of vendor. Seller further agrees to hold the City of Fan Collins harmless fmm and against all liability and loss incurred by rem by reason of an asserted or established violation of any such laws, regulations, ordinances, roles requiremems. Auforvation. All parties m this common agree that fie repnsenatives are, as fact, tom fee and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the arms and conditions stated herein act fore and any o pplamentry or additional term are conditions strimmund hereto or incorporated benin by refermre. Any additional or different terns and conditions proposed by selle are objected to and hereby rejared. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to amve on your promised delivery date as noted, lime is of the essence. Delivery and performance must be effected wihin the lime stated on fie purchase order and the domments attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall acetate as a waiver of fis provision. India event ofmy delay, fie Pumhrser shall have, in addition to other legal and equitable remedies no option of placing this orda elsewhere and holding the Seller liable fan damages. However, the Seller shall not be, liable for damages as a result of delays due m causes cot reasonably foreseeable which are beyond its ..Me emnol and witham its fault of negligence, such acts official, acts ofeivil or military authmRies, Firmamental prcomes,fares, strikes, food, Ridemir, wars or mom provided Nat notice of fe con litiors coming such delay is given to fie Purchaser within five (5) days of the time when the Seller first reserved knowledge thereof. In the event of my such delay, the date of delivery shell be extended for fie period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Sella warrants that all goods, articles, materials and work covered by this order will conform with applicable dowings, spaifcationa, mmples and/or other dreriptions given, will be fit for fie purposes intended, and performed with the highest degree of are and compcicnce in accordance with accepted standard fan walk of a similar moue. The Seller agrees to hold the purchaser handless from any lass, dotage or axrense which fie Purchica may suffer or incur an sIX'amt of fe Sellers branch nfwarrmV. The Seller shall replan, repair or make good, without can to the purchaser, my defects or faults arising within one (1) year or within such longer peril of time as may b, prescribed by law or by the terms of my applicable warranty provided by the Seller after fie date of acceptance of fie goods famished hereunder (uccelnrnce not to be urueasombly delayed), resulting from imperfect or defective work done or materials famished by fie Seller. Acceptance or me of good by the Purchaser shall not constitute 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 branch of any of the foregoing warranties or gu mantas, but such liability shall in an event include loss of profits 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 written change maker. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to me terms, other than legal terne, including additions to or deletions fmm the quumitwe originally ordered in the specifications or dmwingr. by verbal or written area, order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shell be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, mrmimre this agreement fis or any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties m to any work or materials then in progress provided that 0re Purchaser sMll not be liable for any claims fan anticipaled profim on fie uncomplind portion of fe good andlor work, for incidemal or romrluential damages, ad fat no such adjustment be made in favor arm, Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve she Purchaser or the Seller army oftheir obligations as to any good delivered hereuralef. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goods mid hereunder shall have been produced, sold, delivered and fltmWed in strict compliance with ell applicable laws and regulations to which the goads art subject The Seller stall execute and deliver such documents as may be required in, elfin or evideme compliance. All laws real regulations required to be ncerpromed in agreements of this character are hereby incorporated harem by this reference. The Seller agrees to indent and bold fie Purchmer harmless fiem all cosu crud demaleas suffered by fie Forstmann as a result of the Sellers milme as comply with such law. 9. ASSIGNMENT. Neither parry shall assign, toaster. or convey His order, or my monies due or to become due hereunder without the prior written consent ofthe other party. 10. TITLE. The Seller wartmts full, far and tlnmsmcud tide to fie Purchaser for all equipment, wnamis, and it. uncombed in pert of this agnemeat. fine and clew of my and all liens, reutnnions, tamafons, security interest coeuafmnees and claims ofmha s- 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions heteof, failure or delay to excarise any rights or nmdies provided herein or by law, failure to promptly notify the Sella in the event of breach the acceptance ofor payment for goods hereunder or approval of fie design, shall not release the Seller of any of the warranties or obligations of this purchase, order and shall not be demand a waiver of any right of the purchaser in insist upon strict performance famofor any of its rights or remedies as m my such good, regardhs of when shirred, received in accepted, as to my prior or subsequent default hereunder, nor shall any pmponed oral modification of rescission of this purchase under by the purchases operate as a waiver of my of fc term hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and fie Purchmer ncogniu that th cowl affaccurnic practice, overcharges retailing from antitrust violations an in fact home by the Purchaser. Thereupon, for good a na, and as consideration for executing %is purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overcharges relating to the panicular good or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If me Purchaser diraa fie Seller to correct conversationalist or defective goods by a date 0 he agreed upon by fie Purchaser and the Seller, are the Seller rnemfiermdiata its inability or mwil ivgness to comply. to, Purchaser may carse fie work to b, performed by me mast expands. mamas mailable to it, and the Seller shall pay all rests emaciated with such work. The Sella shall micau the Purchaser are its contactors of any tier from all liability and claims of my new. rutting from fie performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend m He directors, otfcas and employees of mch party. The Sellers contrecwl obligations, including warmmy, shall not he demand in her reduced, in my way, because such wank is performed or mused to be performed by fie Purchaser. 14. PATENTS. Whenever fie Seller is required to use any design, desire, material or process avered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless fe Purchaser fmm any and all claims for management by remain of he use of such p mmad design, device, mumnal 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 infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to conclude infringement and fie use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for fie Purchaser the fight to continue using acid equipment or puts, replace fie some worn substantially equal but noninfringing equipment, or modify it so it becomes msinfirril g. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for fie benefit of creditors, appoint is Melvin or announce for my of the Sellers property or business, this noun my forthwith be canceled by fie Purchaser without liability. 16. GOVERNING LAW. The definitions oftentts and or the interpretation ofthe agreement and the rights of all parties hereunder shill be anstrud uraler and governed by drc laws of fie Sane of Colomdo, USA. The following Additional Conditions apply only in cases where fe Sauer is to perform work herimder, including the;mica of Sellers Reprenntative(s), on fie premises ofofers. 17, SELLERS RESPONSIBILITY. The Seller shill carry on mid work at Sellers own risk until the same 6 fully completed and accepted, and shall, in se of any accident, destruction or injury to the work andlar mmmals before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of fie Purchaser. When contains and equipment an famished by others for installation or erection by the Seller, fie Seller shall receive, unload same and handle same at fie site and become reaporsible therefor m though such materials and/or equipment were being famished by fie Seller under fie order. IIf INSURANCE. The Seller shall, m has own expense, pmd& for fie psymenl of workers compensation, including occupational disease benefits, a its employees employed on or in connection with the work covered by fis purchase order, smaller to their dependents in accardmce with fie laws of the shire in which no work is a be done. The Seller shall also carry comprehensive general liability includin& but not limited to, contactual and automobile public bubiury imuurancc with bodily injury and death limits ofat least s300,O00 for any one Person, 5500,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his contractors, irony, to proaide for such compensation and insurance. Before any of the Sellers or his crimartors employees shall tins any work upon the premises ofofers, the Seller shall forish the Purchaser with a cenifcate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided Such certificates shalt specify the date when such comperuntion and lrewana aspires. The Senn agees fat such compensation and iawal shill be minaimd until ofer the ernire work is completed ad scrupad. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes fc entire responsibility and liability for any and all damage, loss or injury of any kind r nature whatsoever to persons or property cased by or resulting fmm fie execution of the work provided for in this purchase order or in comedian herewith. The Seller will indemnify and hold harmless fie Purchaser and any or all of the Purchasers officers, agen s and employees fmm and against any and all claims, losses, damages, charges or expenses, whcrar direct or induct, and whether to persons or property to which the purchaser may he put or subject by reason of any cot, action, neglat, omission or defauk on fie pan of the Sella, my of his contra am, or my of me Sellers or commensal officers, agents or employees. In ease my suit or other proceedings shall be brought against fie Foundation, or its officers, aim. or employees at any tine, on mcuunt or by reason of my act action, mglat, omission or default of the Seller of my of his contractors or my of its of lhen officars, agents or amployces as rf aid fc Seller bereby agrees m assume fe defame themaf mud to defend fie same at the Sellers own exreae, to pay any and all cods, charges, anameys firs ad other expenses, any and all judgmats dust my be incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such suits or office proceedings, and in case judgment or other lien be placed upon or obtained against fie 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 some to be dissolved and discharged by giving bond or othetwim. The Seller and his contractors shall sake all safety precautions, famish and insmll all gwds necessary for fie prevention of accidents, comply with all laws and regulations with regard m rarely unfurling, but withoul limiauom fie Ocapalioral Safety aril Health Act of 1970 and all ales and regulations loud pursnant thrum. Revised 092014