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HomeMy WebLinkAbout496349 BANNER CONCRETE - PURCHASE ORDER - 3212326PURCHASE ORDER PO Number Page City OfCollins ��� 3212326 ' of z `t Coll` I ns This number must appear �7 on all invoices, packing slips and labels. Date: 02/02/2012 Vendor: 498349 Ship To: WATER UTILITIES BANNER CONCRETE CITY OF FORT COLLINS 1408 STEEPLE DR 700 WOOD ST FORT COLLINS Colorado 80524 FORT COLLINS Colorado 80521 Delivery Date: 02/01/2012 Buyer: OPAL DICK Note: 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. Line Description Quantity Ordered UOM Unit Price Extended Price 2012 Blanket Order 1 LOT LS 10,000.00 Utilities - Tota I Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email: purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Tom Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWATVER. 98-B4502. Federal Exemi, Tax Exemption Certificate of Registry R4-60005R7 is registered with the Collector of Failure of the Purchaser to insist alarm strict performance of the terms and conditions hereof. failure or delay to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39 26. 114 (a). exercise any rights or remedies provided herein or by law. Imbue to promptly notify the Seller in the event of a breach. the acceptance nfor payment for goods hereunder tar approval of the design, shall not release the Scller of Goods Rejected. GOODS REJECTED due to failure to romi specificatimm, either when shipped m due todefects of any of the mammies or obligations of this purchase order and shall not he deemed a waiver of any right of the damage in transit, may be returned to you for ernlit and arc not to he replaced except upon receipt of written purchaser to insist upon strict performance hercnfnr any of its rights or remedies as to any such goods, regardless instructions from the City of Fart Collins of when shipped. received or accepted, as to any prior or subsequent default hereunder. nor shall any purported oral rand i fication or nescissino of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS am subject to the City of Fort Collins inspection On arrival, hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNM ENT OF ANTITRUST CLA I M S. authorized payment on the pan of the City of Fort Collins. Hawrvcq it is to be understood that FINAL Seller and the Purchaser recognize that in netual economic practice, Overcharges resulting fmm antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection praeedoms. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments mtmt be F.O.B.. City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antitrust Inws for such overcharges relating to the pnnieular goods or services otherwise .specified on this order. If permission is given to prepay freight and charge separately. the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not he accepted. 13. PURCHASERS PERFORMANCF. OF SELLERS OBLIGATIONS. Shipment Distance Where manufacturers have distributing points in various parts of the country. shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Sri let thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made Loam greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. PcrmiL. Seller shall procure at sellers sole cast all necessary permits, certificates and licenses required by all applicable laws. regulations Ordinances and toles of the state. municipality, territory or political suhdieision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Collins harmless fmm end against all liability and toy, incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rates and requirements. Authorization. All panics to this contract agree that the representatives arc. in fact bona fide and possess full and complete authority to bind said panics, LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional lemur and conditions annexed hcrctn or incorporated herein by rcfcrcncc. Any additional ordiffcrcnt terms and conditions pmposcd by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to move on your premised delivery date as noted. Time is ofthc essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Porchucrs including, without limitation. acceptance of partial hoe deliveries, shall operate ns a vvniver of this prevision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofptncing 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 not reasonably foreseeable which arc beyond its reasonable control and without its fault ofnegtigmec, such acts of God. acts ofeivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) toy, of the time when the Seller Bost received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually last by reason of the delay. 3. WARRANTY. The Seller warrants that all gads articles, mmnials and work covered by this Order will conform with applicable drawings, specifications, samples and/or other descriptions given. will be fit for the purposes intended, and perfomcd with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless fmm any loss, damage or expense which the Purchaser may suffer or incur oa account of the Sellers breach of.maty. The Seller shall replace, repair or make good, without east to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Setter after the date of acceptance of the grad famished hereunder (acceptance not to be unreasonably delayed), resulting front imperfect or defective work done or materials famished by the Seller. Acceptance or use of grads by the Purchaser shall not constitute a waiver ofany claim ands this eamnty. Except m otherwise provided in this purchase order, the Scllcrs liability hean-dn shall extend to all damages pmximatcly timed by the breach of any of the foregoing wr mntics or gica ates, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. The Purchnscr may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms. other than legal terms, including additions to or deletions from the quantities originally ordered in the specifiemioaa or drawings, by verbal or written change order. If any such change affects the amount due or the time Ofperformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order. tomimtc this agreement as to any or all portions of the grads then not shipped, subject to any equitable adjustment between the panics as to any won: or materials then in progress provided that the Purchaser shall ram be liable for any claims for anticipated profits on the uncompleted portion of the gads and/or mark. for incidental or consequential damages, and that no such adjustment be made in I., or of the Set let with respect to any good which am the Sellers standard stock. No such termination shall relieve the Purchaser Or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or termination is entered. 8. COMPLIANCE WITH LAW. The Seller wtimms that all goods sOld hcrcnnde, shall have been produced, sold, delivered and furnished in strict compliance with all applicable Imvs and rcglations to which the goods arc subject. The Seller shall execute and deliver such dueumems us may be rcquircd to effect or evidence compliance. All laws and regulations 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 homeless from all costs and damages suffered by the Purchaser as a result of the Scllcrs failure to comply with .such Inv. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, army monies due or to become due hereunder without the prior written consent of the other party. 10. TITL E. The Seller wrmms fill, clear and unresnictcd til lc to the Purchaser for all cqu ipmcnt, mmcrinIs. and items famished in performance of this agreement, free and clear of any and all liens, rceMctions, reservations security interest encumbrances and claims of ahem. The Seller shall release the Puchaser end its cmmnum, Of any tic, from all liability and claims of any nature resulting from the performance ofsuch wOIL, This release shall apply even in the event Of fault of negligence of The paw released and shall extend to the directors officers and employees of such party. The Seller's contractual obligations, including ternary, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent trademark or copyright, the Seller shall indemnify rand save harmless the Purchnscr fmm any and all claims for infringement by reason of the use of such patented design, device, material Or pmeess in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may he rhliged to pay by reason of such indiingcmcnt at any time during the pmsccution or alter the completion of the work. In case said equipment. or any part thereof 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, rat its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the sane with substantially equal but noninfringing equipment, or modify it so it becomes Onninfringing. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an ass igmmcut for the bereft of creditom, appoint a receiver or trustee for any of the Sellers property or business this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftems used or the interpretation ofthe agreement and the rights of all panics hereunder shall be construed underand governed by the laws ofthe State of Colando, USA. The fallowing Additional Conditions apply only in cases where the Seller is to lanuman work hereunder, including the services of Sellers Rep 'cm dive(sk on the premises OFothem. 17. SELLERS RESPONSIBILITY. The Seller shall cam on said wark at Seller's own risk until The same is fully completed and accepted, and shall. in case of any accident. destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller. the Seller .shall receive, unload. store and handle same at the site mad became responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense provide for the payment of workers compensation. including occupational disease benefits, in its employees employed on or in connection with the work covered by this purchase odct, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited In. continental and automobile public liability insurance with bodily injury and death limits of a (cast S300.000 for any one Person. S500.000 far any one accident and progeny damage limit per accident of S400,000. The Seller shall likewise require his contractors. if any, to provide for such compensation and insurance. Before any of the Scllcrs or his contractors employees shall do any work upon the pry nomy, of others. the Seller shall furnish the Pumhuser with a certificate that such compensation and insurance have ban provided. Stich certificates shall specify The date when such compensation and insumncc have been provided. Such certificates shall specify the date when such compensation and insurance expires The Seller agrees that such compensation and insurance shall he maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assnncs the entire responsibility and liability for my and all damage. loss or injury ofany kind or nature svhalsocver to persons err propcny caused by Or resulting from the execution of the 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 the Purchasers ofcem, agents and employees from and against any and all claims, losses. damages, charges or expenses, whether direct or indireel and whether In persons or property to which the Purchaser may be put or subject by ream. of any Oct, action, neglect, omission Or default on the pan of the Seller, any of his contractors, or any of The Sellers or contractors of iecs. agents or employees. In ease any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at nmy 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 m aforesaid the Seller herchy agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, rhomcys fees and other expenses. any and all judgments that may he incurred by or obtained against the Purchaser or any of its or their Officers. ,agents or employees in such suits or other pmcccdings, and in ease judgment or other lien be placed upon or obtained against the Property of the Purchaser, or said panics in or as O result of such suits or other proceedings, the Seller will at once cause The same to be dissolved and discharged by giving band or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all lases and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and OII odes and regulations issued pursuant thereto. Revised 0311010