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HomeMy WebLinkAbout498349 BANNER CONCRETE - PURCHASE ORDER - 3214410Fort Collins Date: 07/24/2014 Vendor: 498349 BANNER CONCRETE 715 PETERSON ST FORT COLLINS CO 80524 PURCHASE ORDER PO Number I Page 3214410 1of2 This number must appear on all invoices, packing sli sand labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 07/22/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2014 BLANKET ORDER 2014 L & P CONCRETE REPAIR PER TERMS AND CONDITIONS OF BID 7658 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 50,000.00 Total 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 L COMMERCIAL DETAILS. Tax communist By statute the City of Fog Collies is exempt been stateand local taxes. Our Exemption Number is 11. NONWAIVER. 98,M502. Federal Excise Tat Exemption Cmificme of Registry 84-6000582 is registered with the Collator of Failure of the Pumper to inist upon grin performance of the terms and contracts hereof, failure or delay a Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973. Chapter 39-26, 114 (a), exercise any rights. remedies provided herein or by law, failure he promptly notify the Seller in the event of a breach, the acceptance of or payment for goads hereunder or approval of the design, shall not release the Seller of GOO& Rejected. GOODS REJECTED due to failure to meet specif hfiwns, either when shipped or due to def . of any of the warranties of obligations of this purchase order and shall not he deemed a waiver of any right of the damage in tmmit, may he remmed to you for credit add are nor to be replaced except upon receipt of wimev purchaser to imien upon strict performance hereof or any of its rights or remedies as to any such goods, regardless ingent from the City of Fag Collins, of when shipped, received or carefree, as no any prior or subsequent default hereanda. nor shall any pri mted oal math fwtion or rescission of this pntchue order by the Purehamr operate as a waiver of my of the terms Inspection. GOODS art subject to the City ofFod Collins impaction on arrival, hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this Order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Pon Collins. However, it is to be understood Nat FINAL Seller and the Purchaser recognize that in scm.N economic practice, combs cgs, resulting from antimtt ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violation are in fuel home by the Perch . Theremf em, for good cause and as conideramon far executing this purchase oNer, the Seller hereby assign 10 the Purchases any and roll claims n may now have or hereafter Freight Terms. Shipments must be R0.1h, City of Fro Collins, 700 Wood St., Fog Collins, CO 80522, unless acquired under federal or sure antitrust laws for such overcharges relating to the radicals, goods or services otherwise specified on this order. If pemsission 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 be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in sari.. pans of the country, shipment is Ifthe Parehsser direr¢ the Seller a correct roprom ing or defective goods by a date to be agreed upon by the expected from rise nenresr distribution point to dntinarion, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may taus the work 10 be rrufam rd by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Pennies. Seller shall procure err sellers .to cost all n¢esmry permits, cmflimms and licenses required by all applicable laws, or aladom, ordinances and rates of the stare, municipality, sanitary or political subdivision where the work is performed, or required by any oNer duly contimted public authority hervingpinwhction over the work of vendor. Seller further agrees to hold the City of port Collins harmless from end alcohol all liability and lass snitrred by tbem by reason of an asserted or established violation of:my such laws, regulaions, ordinances, rotes requirements. Authorization. All parties to Nis common agree that the representatives are, in finer, bona fide and possess fall and complete authodry to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance ere the terms and conditions stated herein set forth and any supplementary or additional ages and conditions armexed hereto or incorporated herein by reference. Any additional or different terms and combine, imperial by seller are mjamd to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date w noted. Time is of the essence. Delivery and performance must he effected within the time stated ern the purchase Order and the acumend, attached herd. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall upemm n a waiver of this provision. In flee event of any delay, the Purchaser shall have, in addition,. other legal and equitable remedies, the option oFpt.c., this order elsewhere and holding the Sella liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which art beyond its reasurable Manual and without its fault Of negligence, such sets of God, eras ofcivil or military authorities, guvemmental priorities, fires, strikes, flood, epidemics, wars or dots provided that notice of me condition causing such delay is given to the Purchaser within five (5) days of the time when the Sella first received knowledge thereof. In He event of any such delay, the date of delivery shall be extended for the period alul to the time actually lost by mxon of he delay. 3. WARRANTY. The Seller warrants that all goads, articles, materials and work covered by this oNer will conform with applicable drawings, specification, samples zndlor other description given, will he ❑t for the purposes intended, and performed with the highest degree of care add competence in accordance with aceep,ed Saone rt for work of a tin li nature. The Seller agrees ro hold the purchaser harmless fired any loss, damage or toper., which the Purchaser may suffa or incur on account of the Sellers breach i fvmrndry. The Seller shall replace, repair or make good, wabout cost to the puddruer, any defects or faults arising within one (I) year or within such longer period of time as nay be prescribed by law or by the rerms of my applicable warranty provided by the Seller after the date of acceptance of the goods burnished leacuMa (acceptance not in be unreasonably delayed), resulting fmm imperfect w defective work done or maerials famished by the Sella. Acceptance or use of goods by the Purchaser shall nor Most a waiver of any claim under this warranty. Except m otherwise provided in this purchase Order, fee Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of Ne foregoing warranties or gnaricames, but such liability shall in no event include lass of profs or Ids, 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 order. 5. CHANGES IN COMMERCIAL T ERMS. The Purchaser may make any changes a the rents, other than legal lams, including additions to or deletions from the quantities Originally oNwd in Ne spearicatiom or drawings, by verbal or written change order. If any such change affec. the amount due or the time of ari formance hereunder, an equitable Avernmene shall head, 6. TERMINATIONS. The Purchu r may 1 any lime by written Mo., order, havanam this monument as to any or all paniom of the goods then not shipped, subject to any equitable adjustment between the parties . to very work or materials then in Progress provided Thal Nc pomhasa dull cot be liable for any claims for anticipated P.Fit, on the uncompleted portion of the goal endsor work, for imidental or consequential damages, and Nat no such adjustment be made in favor of the Seller with respect to any goods which are he Sellers standard stock. No such motorman shall relieve me Purchaser or the Seller ofany of their Obligations as to any goads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjrLament mot b, resaened within thirty (30) days fmm the dam the change or nomination is ordered. 8. COMPLIANCE WH 11 LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws most regulations m which the goods are subject. The Seller shall eaemm am deliver such documents as may he required to effect or evidence compliance. All laws and regulation required a be incorporated in agreements of this character are hereby nonstandard herein by this reference. The Sella agrees to indemnify and hold the Purchaser hmtless Arm all costs and dansages suffered by the Purchaser as a result of the Sellers fail., to comply with such law. 9. ASSIGNMENT. Neither pally shall assign. Penn or convey this order, or any nwnies due or to become due hereunder without the poor written tumoral of the other party. 10. TITLE. The Seller warrants full, clear and unicameral tide to the Purchaser for all expopmsnt materials, and items fumuhed in performance of this agreement. free and clew of any and all liens, restriction, rasetaalion, sceuriry interest encnmbmnces and claims efofers. The Seller fiall release the Push see and its rant ,arms of any Our from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the Italy released said shall extend a the directors, officers and employees nfsuch party. The Sellers contrectwl obligations, including worrenry, shall trot be domed a ho reduced, in any way, became such work is performed or cirsed a be Performed by the Pantheism. 14. PATENTS. Wheneeer the Seller is required muse any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall icAetrmify and save harmless the Purchaser been any and all claims for infringement by reason of the use of such patented design, device, material or process in saturation 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 infer the completion of the work. In case said apartment, or mry pan thereof Or the intended use of the goods, is in such suit held eo comodum infringement and the use of said equipment or pit k enjoined, the Seller shall, at its own expense and at its option, either procure for the Nuclei the eight to continue using said equipment or parts, replace Be same with spheroidally equal but noninGnging equipment, or ttwdify it so it baomes nordi f ingirs, I S. INSOLVENCY. If the Seller shall become insolvent or bankmpe, make an assignment for the benefit of creditor, appoin, a receiver or ermtee for any of the Sellers pmpmy or business, this older may forthwith ae canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation ofthe ogrcemew and the rights of all parties hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only to Main where fie Seller s to perform work hereunder, including the services ofSallm Raggeneative s), on the premises ofodurs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on mid work at Sellers own risk until the same is fully completed and accepted. and shall, in case of any accident, desWction err injury to the work cracker rwterials before Sella s Goal completion and acceptance, complete the work at Sellers own expense and to the musfaction of the Purchaser. When mateeias and culuipment are fgaidal by others for installation or motion by the Seller, the Seller shall receive, unload store and handle same at the site and become responsible therefor n though such materials andor equipment were being famished by the Seller under the order. 19. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, a its employees employed on or in connection with the work covered by this purchase order, anckor to their dependents in accordance with the laws of It, sire in which the work is m be done. The Seller shall also carry comprehensive general liability including, but not limited to, ex mmemal and automobile public liability imumnce with Godily injury and death limits of at few S300." for any one person, 5500,00i for any one accident and property damage limit per accident of S400,000. The Seller shall likewise enquire his orora ors. if any, to provide for such compere -non and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall fact the Purchaser with a certificate that such compensation and insurance have been provided. Such carifcares shall specify the date when such compomation and duration, have been provided Such cadficams shall specify the dam when such computation and insurance expires. The Sella agrees east such compeemrion mad insurance shall be maintained until after the entire work is completed and sccepeed 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss Or injury of kind nature whensoever to person or property caused by or mulling fmm the execution of the work provided for in Ornature purchase order or in connection herewith. The Seller will indemnify and hold harmless the purchaser east any or all of the Purchasers .Ricers, ages. and employees from oral againl any and all claims, losses, damages. charges or expenses, whether direct or indirect and whether to persons or property to which the Pmchner may be put or subject by reason of any act, action, neglect, omission or default as the pan of the Seller, any of his contractors, or any of the Sellers or contractors mTced, agents or employees. In case any suit or other proceedings shall be brought againt the Purchaser, or its olficm, agents or employees at any time on account or by reason of any act action, neglect, omission or default of the Sella of any of his contractors or any of its or Nair oMo., age.. ar employees as oforemid, fe Sella hereby agrees ro assume Ne defense thereof and to defend the same at the Sellers own expene, to pay any odd all costs, charges, awmeys fees and other expenses, any and all judgmends that may be incurred by or obtained amount the Purchaser or any of its Or their officers, agents or employees in such saw at other proceedings, add in case judgment or other lien be placed upon or .brained again, the progeny of the Pmrchaer, or said parties in or as a «sett of such mi. or other prec usirigs, Bar Seller will at once nose the same to be dissamed and discharged by giving bond Or ofrowise. The Seller and his contractors shall take all safety precaution, Finish and inall all guards necessary fm the prevention of accidents, comply with all laws and regulation with regard to safety including, but without limitation, the Occupational Safety and Health AM of 1970 and all roles and regulations issued pursuantthereto. Revised 07/2014