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HomeMy WebLinkAbout498349 BANNER CONCRETE - PURCHASE ORDER - 3214410 (2)Fort Collins Date: 12/11/2014 Vendor: 498349 BANNER CONCRETE 715 PETERSON ST FORT COLLINS CO 80524 Delivery Date: 12/11/2014 Note: Line 2 2014 BLANKET ORDER Water concrete repair Description PURCHASE ORDER 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@fogov.com PO Number Page 3214410 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 1 LOT UOM Unit Price LS Total JOHN STEPHEN Extended Price 16,783.94 $16.783.94 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. COMMERCIAL DETAILS. Tax exemption. By sums, the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is 98-01502. Federal Excise Tox Exemption Certificate of Registry RU6000587 is registered with the Collector of formal Revenue, Dana, Colorado (Ref. Colorado Revised Ssmtrs 1973, Chapter 39-26.114 (a). Goods Rejected, GOODS RMECTED due to failure to meet specifications, either when shipped or due to defects of damage in tmtuit, may M returned to you for credit and are not to be replaced except upon receipt of wdnm instructions from the City of Fart Collins. Inspection. GOODS are subject to the City of Fort Collins inspection an central. Final Acceptance. Receipt of the merchandise, vervicos or equipment in response .this other ca Trutt in authorized payment on the part of the City of Fiat Collins. However, it is to be understood no, FINAL ACCEPTANCE is dependent upon completion ofall applicable required inspection praedures. Freight Terms. Shipments must M F.O.B., City of Fort Collins, 700 Wood St., Fort Calif., CO 80522, unless otherwise specified on this order. If permission is; given to preppy freight and charge separately. the original right hill mnm menm.nv mvmce Additional chances far Citrus will not be mcented. Shipment Distance. Where manufacturers have distributing Points in various puns of the country, shipment is expected From the nearest duuibvtion point to destiation, and excess right will be deducted from Income when shipments art made fmm greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, anifiwte, and licenses required by all applicable laws, regulations, ordinances and rates of the sure, municipality, territory or political subdivision where the work is performed, Or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller fuller agrees ro hold the City of Fort Collins harmless flow and against all liability and lass recurred by farm by reason of an asserted or established violation of my such laws, regulation, ordinances, rules and requirements. AuUorindion. All panics to this contract agree that me repaesew0ives are, in fact, boas file and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits oc aptance to the terms and condition stated herein set forth and any supplementary or additional terms and condition annexed herein or incomarmal herein by reference. Any additional or different terms and condition pmpmed by seller am objected to all hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to nave on your promised delivery date mneed. Time is Ofthe easam. Delivery and performancemost M affected within the time suwd on the purebam order and the documents attached homer. No aces of the Purchasers including, withavt limitation, acceptance of Wnial lure deliveries, shall ,are as is waiver of this invasion- In the event fany delay, the Purch.er shall have, in addition to other legal chat equitable remedies the option of placing this other elsewhere and holding den Sella liable for damages. However, day Sclltt shall an M liable far damages as a result of delays due to causes not reasonably foreseeable which we beyond its reasonable cooled end without its fault of negligence, such acts of Cod, acts ofeivil or military authorities, governmental prionties, fires, stokes, food, epidemics, wars or was pmvided that notice of the condition causing such delay is given to the Purclsaer within five (5) days of the rime when the Seller first received ".loop thereof In the eve. of any such delay, the dine of delivery shall M uncianded for the period equal m the time actually last by leaeon offl a delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conforrn with applicable drawings, specification, samples andror other descriptions given, will be fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a .1. .tare. The Sella agrees an hold the purchaser harmless from any loss, damage or asperse which the Pombner may suite or mention cracracral of Ue Sellers breach of warm y. The Seller shall replan, repair or it, good, without over to the purchaser, any defects or fault wising within one (1) year or within such longer period of time n may be prescibN by law or by the terns of any applicable warranty provided by the Sella after the date of weptance of the goods famished hereuuder (acceplarm nut to be unrerso.bly delayed), rushing from imperfect or defettive work done or materials famished by dae Seller. Acceptance or ere of goads by the Purchaser shall not matitute a waiver of my claim under this warranty. Except as othewise provided in this purchase Vier, rate Sellers liability hereunder shall extend o all damages proximately .used by the breach of my of the folegoing wammton or guaram es, 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 Purchaer may make changes io legal toms by weitte t change order. 5. CHANGES IN COMMERCIAL TERMS. The Pu¢hawr may make any changes to the terms, other than legal terms, including additions to or deletiom from the quantities originally ordered in the specifications or drawings, by verbal or winner change order. If any such change nl cans the amount due or the time ofpafmmance hemunda, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchase may at any time by variant change aide,, terminate this agreement as to any err ell portions of dart good then not shipped, subject as any equitable Wlrasmment between the ponies as to nay work or mawnsls then in progress promded that the Purchaser shall not he liable for any claims for anticipated profit on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellcif, sundaN stock. No such termination shall relieve the Purchase, or the Sella of any oftheir obligations we to any goad delivered hereunder. t. CLAIMS FOR ADJUSTMENT. Any claim for adjustment rant M warned within max, (30) days fmm the date the change or larciation is ordered. 8. COMPLIANCE WITH LAW. The Seller warrant that all goods sold fraevMm shall have been produced, sold, delivered and famished in strict ..,Lt me with all applicable laws sail regulation to which dic goods tic subject The Sella shall execute and deliver such document, as may M required to effect or evidence wmplianec. All laws and mgul.imss required to be incorporated in agreement of this character aw hereby incoryo.tcd havin by this re@rence. The Sella agrees to indemnify and hold the Purchaser harmless fmm all cost and damages sulttred by the Purchaser as a result of the Sella, failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, wafer, or convey this order, or my ma es dae or to become due hereunder without the prior ra nut content of the other Forty. 10. TITLE. The Seller warrants full, <le. and uareeacred title. the purchaser fen all equipment, materials, and items furnished in Performance of this agreement fee and clear of any aed all liens restriction, reservations, security interest mcumbmcu all claims oftth.. 11. NONWAIVER. Failure of tie Purchases to hour upon strict perfomsace of the tent and conditions hereof, failure or delay to y rights or mnalics provided herein or by law, failure to potentially notify the Seller in the event off breach, an mch, the acceptance wor payment for goods hereunder Or approval ofdae design, shall not ml. the Sellaaf any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any eight of the purchaser to insist upon soact performance hermfor any o'its rights Or remedies as to any such goods, regardless of when shipped, received or accepted, as many prior or subsequent default hereunder, nor shall any pump art and modification t r rescission or this purel sse order by the Purchaser operate as is waiver of any of the armors hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Pvrehaser rcaagniae that in actual economic practice, overcharges resulting fmm antitrust violations are in fact home by the Purchaser. Thernomor, for good cause and m consideration for executing this purchow order, the Seller hereby consigns to the Purchaser any and all claims it may now have or hereafter acquired amadee federal or state antilmst Uws for such ov.harges relating to the particular goods or services Foreclosed of acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifine Purchaser directs the Seller to correct nonconforming or defective goods by a dam. be agreed upon by the Pumhasa and the Seller, and the Seller th n—fla indicates its inability or unwillingness. comply, the Pmchaser may cease the work to be performed by the most expeditious mean available to it, and the Seller shall pay all cost associated with such wink. The Sella shall release the Pun:hacor and its contractors of any tier from all liability and claims of my nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend m the directors, attic. and empbyces of such patty. The Seller's contractual Obligation, including warranty, shall not M dcemed to M reduced. is any way, because such work is performed or used 1a be performed by the Purchaser. 14. PATENTS. Whenever the Sella is required iw use any design, deli¢, material err process canned by lamr, patent, uadensrk or copyright, the Sella shall uu,ow y all save h.mkss the Purchase, f any vast all claims for infringement by reason of the use of such patented design, device, material or process in connmaion with the contact, all shall indemnify the Pmchaser for any cos, expense or damage which it may M obliged to pay by reason of such infringemenl at any time during the prosecution or after the completion of the work. In case said equipment, on any pan thereof or the intended use of the goads, is in such suit held m contimte infringement and the use of said equipment or pan u enjoined, the Seller shall, at its own expense and at its option, either procure fen the purchaser the right to continue using said equipment or pow, replace the more with substantially equal but interchanging equipment, or modify it so it becomes wninfriming. 15. INSOLVENCY. If the Seller shall became insolvent or bmkmpt make an assignment for the bereft of aeditos, Vand a er an umtam for any of the Sellers property or business, this order may forthwith M canceled by me Pumhaser minimal liability. 16. GOVERNING LAW. The definitions ofterms aced or the interpretation of the agreement and the right of all parties ImmuMa shall M onuued under and govemed by the laws ofthe Suite ofColorada, USA. The following Additional Condition apply only in cases whew the Sella is to pert work heeunder, inclu&erg the services of Sell. Rcprexamarse(sk an the prtmisa of others. 17. SELLERS RESPONSIBILITY. The Sella shall tarty on said work at Sellers own risk until the same is fully completed and attepted, and shall, in e of any accident, destruction or injury to the work andror materials before Sellers final completion all acceptance, complete the work at Sellers own expense and to the satisfaction of the P.chastt. When arterials wad equipment ere fiunished by others fen insullatioa. election by the Sella, the Sella shall mcco e. unload, mare and handle same at the site and become responsible thttefn for though such incraials ardor equipment were being furnished by the Seller under dae order. 18. INSURANCE. The Seller shall, at his own expense, pmvide for the payment of workers compensation, including occupational disease benefit, to it employees employed on or in connection with she work covets by Us purchase order, andrar to their dependents in accordance with the laws of the state in which the work is to M dow. Tice Seller shall also carry comprehensive general liability including, but not limited m, conratual and automobile public liability insurance with balily injury and death limits of in least S300,000 for any one person, S500,000 fons my one accident and property damage limit per accident of $400,000. The Seller shall likewise require his cono-dcmrs, if any, in provide for such compensation and insurance. Before any of the Selleart or his contractors employees shall do any work upon the premises of others, rise Seller shall famish the Purchaser with a certificate that such compensation and inumace have been pmvaded. Such catifi.ta shall specify the date whoa such counteraction and imurance have been provided. Such mafmta shall specify the date whim such compensation and woman, expires. The Seller agrees that such campe.ation and insurance shall be maintained until after the entire work is completed end accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES, The Sella hereby asurfacs the entire mponsibilily and liability for any and all damage, loss or injury army kill m assume whournia r to prisms or property caused by or resulting fmm she execution of the work provided for in this purchase order or w cmmceti.n herewith. The Sella will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or proper,, to which the Purchaser may be put or subject by reason of any act, Orion,aneglect, omission or default ran she pan of the Seller, any of his contractors, or my of the Sellers or conurctors officers, agent or employees. In case my suit or other proceedings shall be brought against the I1arch , or it offc., agent or employees at any time an account or by reason of my act action, neglect, omission or default of the Sella of my of his contrators or my of it. their oRc., agents . employees as aforesaid, the Seller hereby, agaves to .same the dablow thereof and to defend the same at the Sellers own exparic, to it, any and all cast, changes, anomeys fees and other expenses, my and all judgment that may be incurred by or criminal against the Purchaser or my of it or their officers, agent or employees in such suits or other proceedings, and in case judgment or other lam M placed upon or obtained against the property of the Reaction, or said parties in or as a word, fsuch suit or other pmeeMings, the Sella will at once cause the more to M dissolved and discount by giving boats or otherwise. The Sella and his contractors shall ukc all safety lamentations, furnish all insall all guards necessary, for the pmmtim of accident, comply with all laws and regulation with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 07R014