Loading...
HomeMy WebLinkAbout498349 BANNER CONCRETE - PURCHASE ORDER - 3215174Fort Collins Date: 01/12/2015 Vendor: 498349 BANNER CONCRETE 715 PETERSON ST FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 3215174 tof2 This number must appear on all invoices, packing slips and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/12/2015 Buyer: PAT JOHNSON 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 UOM Unit Price Extended Ordered Price 1 2015 Blanket Order Utilities 7558 Misc. Concrete 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 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 Condtons Page 2 of 2 1. COMMERCIALDETAILS. Tax exemptions. By stature the City of Fort Collins is exempt tram state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Fedeial Excise Tax Exemption Cenifcare of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon inner performance of the terms and renditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). exercise any rights or remedies provnded herein or by law, fal ure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Good Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due m defects of coy of the .-It. or minimum, of this purchase order and shall or he deemed a waiver of any night of the damage in maoem. may be retumM to you for credit and are not to he replaced except upon receipt of woram purchaser to insist open suict performance hereof or any of its nghrs or remedies res to any such good, regardless instructions man the City of Fen Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder: nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection GOODS are subject to the City of Fro Collins inspection on arrival. hereof Final Acceptance Receipt of me merchandise, arouses or equipment in response to this order can result in 12. ASSIGNMENT OFANTITRUSTCLAI,MS. amhanxed payment on the pan of the City of Fort Collins. However, it is to he understood that FINAL Seller and the Purchuer recognize that in actual economic practice, overcharges resulting from animist ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are intact Some by the Purchase, Theretofore for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser arty and all claims it may now have or hereafter Freight Terms. Shipments must be F.O B., Ciry of Fan Collins, 200 Wood St, Fan Collins. CO 90522, unless acquired under federal or mate anmrun laws for such overcharges relating to the particular good or services omeswise specified on this order. If permission is given to prepay freight and charge separately, the ongnal freight purchased or acquired by me Purchaser paramount o this purchase order. bill must accompany imvice. Additional charges for packing will root be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have dinribming points in various parts of the country, shipment is If the Purchaser directs the Seller re correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to dectinauon, 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 Purchuer shipments are made Form greater distancemay cause the work to be Performed by the most expeditious means available to it and the Seller shall pay all was associated with such work. Permits. Seller shill procure at sellers sole cost all necessary permits, centificatrs and licenses required by all applicable laws, regulation, ordinances and rules of the state, municipality, territory or political subdivision where Me work is performof or required by any other duly constituted public authority having junsdiction over the work of vendor. Seller father ogees to hold the City of ran Collins hourni from and against all liability and loss inicurned by them by reason of an asserted or establimed violation of any such laws, regulators, ordinances, rules and requirements. Authorization. All peaches to this contract agree that the representatives are, in fact, bona fide and possess full and complete anmarity to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance on me tenrw and conditions acted herein set form and any supplementary or additional israts and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions purposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot male complete shipment to arrive on your promised delivery date as noted. Time is of me ruence. Delivery and performance no be effected within the time stated on the purchase order and me documents attached hereto. No acts of the Purchasers including, without limitation, acceptance mpu nal late deliveries, shall Operate as a waiver of this provision. In the event of any delay, Me Purchaser shall have, in addition to offer legal and equitable remedies, the option ofplacing this order elsewhere and holding me Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foress uvble which are beyond its reasonable conwl and without its fault of negligence, such acts of God, am carried or military samonties, governmental priorities, Bich, miles, flood, epidemics, was or riots provided that notice of the conditions causing such delay is given to me Purchaser within rive (5) days of the time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the pmod equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples odor other descriptions given, will be fur for me purposes intended, and Performed win me hippest degree of care and competence in accordance with accepted standard for work of a similar nature. The Seller appears to hold me purchaser harmless from any loss, damage or expense which fly, PuNtaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall reorse, repair or make good, without cast to the purchaser, coy defects or faults arising within one ( I ) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by me Seller after the date of acceptance of me gaud furnished hereunder (acceptance not to be ameamnably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by me Purchaser shall not consulate a waiver of any claim under this wananry. 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 w'anandes or guarantees 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 Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMNJERCIAL TERMS. The Purchaser may make any changes to the terms, other man legal terms, including additions in or deletions from Me gwnuun anomaly ordered in the Tecoficamons or Navom , by veAal or wnnm change order. If coy such change affects the amount due or the time of Perfmmance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by vormen change order, terminate this agreement as to any or all portions of me good that not shipped, subject to any equitable edjusnnmt between the parties as to any work or materials men in progress provided ima the Purchaser, shall not be liable for any chums for anticipated profile on me uncompleted moron 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 coy goods which are me Sellers standard stock. No such termination shall relieve Me purchaser or the Seller of any of their obligations as to any good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within minty (30) days from the date me change or termination is ordered. 8. COMPLIANCE WITH LAW The Seller wareanes that ill goods sold herewder shall have been psoducrd, sold. defected and famished in met compliance with Al applicable laws and regulations re which the goods art subject. The Seller shill execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required in be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees he indemnify and hold the Purchaser hamdoes from all costs and damages suffered by Me purchaser as a result of the Sellers failure to comply win such law. 9. ASSIGNhEENT. Neither parry shal assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior women consent of the other parry. 10. TITLE. The Seller cum anti full, clear and unrrsmmed title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and clams of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and clams of any nature resulting from the performance of such work. This release shall apply even in me event of fault of negligence of the parry released end shall extend to the directors, officers and employers of such parry. The Sellers contractual obligations, including marwty, shall not be deemed m be reduced. in any way, because such work is performed or caused to be performed by the Purchaser. 14, PATEM1TS. Wh r ever the Seller is required louse any design, device, material or process covered by letter, patent trademark or copyright. the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of me use of such patented design, device, material or process in connection with the contract, and shall indemnify the Parchamr for any one. expense or damage which it may be obllged to pay by reason of such infringement at any time during the prosmuuon or after me completion of the work. In nix saki equipment or any pan de rmf 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 me Purchaser Me right to continue using said equipment or pans, replace me same with substantially equal but noninfnaging equipment or modify it m it becomes mninGnging. 15. INSOLVENCY. If the Seller shall become insolvent or bwkmpt, make an assignment for the benefit of creditors, appoint a receiver an or trustee for y of me Sellers property or business, this order may forthwith be canceled by me Purch ase, without liability. 16. GOVERNING LAW. The definitions of terns used or Me interpretation of the agreement and the rights of all pasties hereunder shall be onstrued coder and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cues whore the Seller is to Perform work herewder, including the services of Sellers Reppawastive(s), on for preen ars oforhers. IZ SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury m the work and/or materials before Seller's final completion and acceptance, complete me work at Sellers own expense and to the satisfaction of the Purchuer. What materials and equipment are famished by ohers for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under me order. Ie. INSURANCE. The Seiler shall, in his own expense, provide for the payment of workers compensation, including companies" disease benefits, to its employees employed on or in connection with the work Covered by this purchase order, and/or to their dependents in accordance when 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 W. contracmu and automobile public kabalist insurance som lroddy injury and death limits of at least nph,Osm for any one Peron s500,00o for any one accident and properly, damage limit per accident of V00,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before my of me Sellers or his contractors employees shall do any work upon me premises of others, the Seller shall famish the Purchaser with a certificate flat such comparmuo t and insurance have been provided. Such cenificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify me date whom such compensation and insurance expires. The Seller agrees mar such compensation and insurance shall be maintained wall after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the attire responsibility and liability far any and all damage, loss or injury of any kind or nature whatsoeve shpersons or property coucdbyorresultingfram theexecutionofthe workprovided form this purchase order or in connection becood, The Seller will indemnify and hold harmless the Purchaser and coy or all of the Funchal officers, agents and employees form and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which me Purchaser may he put or subject by reason of any art action, neglect omission or default on the pan of the Seller, any of his contmemaa, or any of the Sellers or contractors officers, agents or employees. In rase any out or timer proceedings shall be brought apiarist the Purchaur, or its omcers, agates or employees at any time con account or by reason of any act action neglect, omission or default of the Seller of any of his commenors or any of its act their omcers, agents or employees os aforesaid, the Seller hereby agrees to assume the defense thereof and to defend me same at the Sellers own expense, to pay any and all costs, charges, anomeys fees and other expenses, any and all judgments that may be incurred by or obtained against me Purchaser or any of its or their officers, agents or employees in such miry or other proceedings, and in case judgment or other lira be placed upon or obtained against me property of the Purchaser, or said parties in or as a result of such suits or other pmceemngs, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. no Seller and his contractors shall take all safety precautions, famish and install all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety includin& but without limilmion, me Occupational Safety and Health Act of 1970 and all rules and regWmions issued pursuant thereto. Revised 07R014