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HomeMy WebLinkAbout128247 PIONEER SAND CO - PURCHASE ORDER - 3212348City of Fort Collins PURCHASE ORDER Date: 03/05/2012 Vendor: 128247 PIONEER SAND CO 6705 S COLLEGE AVE FORT COLLINS Colorado 80525-5825 PO Number Page 3212348 1of2 This number must appear on all invoices, packing slips and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 03/03/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2012 BLANKET ORDER FOR 1 LOT LS 20,000.00 RipRap/Landscaping Rock Total $20,000.00 U City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 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 COMMERCIALDETAILS. Tax exemptions By stamte the City of Fort Collins is exempt from sumo and local taxes. Our Exemption Number is 11. NONWAIVER. - 95-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchnser to insist upon strict performance of the toms and conditions hereof, faihre or delay to Internal Rem'enuc, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Scllcr in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not rcicasc the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not he dccmcd a waiver of any right ofthe damage in transit, may be remained to you for credit and are not to be replaced except upon receipt of wrineo purchaser to insist upon strict performance hercofor any of its rights or remedies as many such goods. regardless insrnwtions from the City of Fort Collins of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shut; any purpertcd oral oun ificmion or rescission of this purchase order by the Purchnser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on orrival. mein. 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 Fort Collins. However. it is to be understood that FINAL Seller and the Purchaser recognize that in atrial economic practice, overcharges resulting from antitrust ACCEPTANCE is d pendent upon completion ofall applicable required inspection procedures violations are in fact borne 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 mnv now have or hereafter Freight Terms. Shipments must be F.O.B.. City of End Collins, 700 Wood St.. Fort Collins, CO 50522, unless acquired tinder federal or state antitrust laws for such overcharges relative to The particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or ncquircd by the Purchaser pursuant to this purchase order. bill must accomrytny invoice. Additional charges for packing will net be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made fmm greater distance. Pemim Seller shall procure at sellers .to cost all necessary, permits. ecrtificates and licenses required by all applicable laws, regulations, ordinances and rules ofthe state, municipality, territory or political subdivision where the work is perfomcd, or required by nny other duly constituted public mnhonry having junsdiction Over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances. rules and requirements. Anthen., ien. All parties to this concoct agree that the representatives arc, in fact, bonn fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tans and conditions stated herein set forth and any supplementary or additional toms and conditions annexed heron, or incorporated herein by reference. Any addition,,] or different Icros and conditions proposed by Seller arc objected to and hereby rejected. 2, DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofth, essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries shall operate as a waiver of this prevision. In the event crane delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order ekcwhere 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 are beyond its reasonable control and without its fault of negligence, such act of God, acts ofeivil or military authontics, governmental priontie, fires, strikes, grind, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof, In the went of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY, The Seller warrants that all goods. articles, materials and work covered he this order will conform with applicable drawings, specifications, sample, and/or other dvseriptions given, will he 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 from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamnry. The Seller shall replace, repair or make good, without cost to the purchaser, any ddcOs or lambs arising within one (1) year or is ithin ,rich longer period of time as may he prescribed by Inv or by the terms ofany applicable warranty provided by the Scllcr after the date of acceptance of the foods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials fumiahed by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this wamnty. 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 warm. ones or guarantees, but such liability shall in tin event include loss of profits or loss of rase. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may ,,take changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser ,,ray make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change under. If any such change affects the amount due or the time of perfomanee hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the good then not shipped, subject to any equitable adjteati nt bcmeen the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted Portion ofthe 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 good which are 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 adjusmtent must be asserted within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller wamnts that all good sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character am hereby incorporated herein by this reference The Seller agrees to indemnify and hold the Purchaser harmless form all costs and damages suffered by the Purchaser as a result ofthe Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer. or convey this order, or any monies due or to become due hereunder without the prior written consent ofthe other party. 10. TITLE. The Seller warm, nts fall, clear and unrestricted title to the Pureha,cr for all equipment materials, noel items furnished in perfomianec of this agreement free and clear of any and all liens, restrictions, reservations. security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective grads by,, date to he agreed upon by the Purchaser and the Scller, and the Seller thereafter indicates its inability or unwillingness to comply, the Porchiser may cause the work to be Perforated by the most expeditious means available to it, and the Seller shall pay all cost., associated with such work. The Seller shall release the Purchaser and its contractors of env tier from all liability and claims of any nature resulting from the perfommncc of arch work. This release shall Tipple even in the event of fault of negligence of the party released and shall extend to the directors. ofrccrs and cmployccs ofsuch party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Pomhaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by lencr, patent, trademark or copyright, the Sellershall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material 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 ofsuch infringement at my time during the prosecution or ancr the completion of the work. In case said equipment, or any part thereof or the intended use ofthe goods, is in such snit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, it its own expense and at its option, either procure for the Purchaser the right to continue using said cquipomm or parts, replace the same with substantially equal but noninfringing equipment, ea modify it so it become noninfringing. 15. INSOLVENCY. If the Scller shall become insolvent or bnnkmpt make an assignment for the benefit of creditors, 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 definition, oftcm¢ used or the interpretation nfthe agreement and the rights ofell parties hereunder shall be censured under and governed by the Taws ofthe State ofColomdo, USA. The following Additional Conditions apply ml7 in cases where the Seller is to perform work hereunder. including the services of Sellers Representntiec(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY, The Seller shill carry on said work at Seller's own risk until the same is fully completed and recopied, and shall, in ease of.,my occident destruction or injury in the work and/or materials before Seller's front completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are mmished by others for installation or erection by the Scllcr, the Seller shall receive, unload, .store and handle same at the site and become responsible therefor as though such nmtoinls and/or equipment were being furnished by the Scllcr under the order. IS. INSURANCE. The Seller shall, at his own expense, provide for the payment of workcm compensation, including occupatmanl disease benefits. to its employees employed on or in connection with the work covered by this purchase order. and/err to their dependents in accordance with the law, of the slate in which the work is to be done The Seller shall Min carry comprehensive general liability including, but not limited to, eormactnal and automobile public liability insurance with bodily injury and death limits of at least S306.000 for any one person, S500.0100 for any one accident and property darenge limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any ofthe Sellers or his contractors employees shall do any work upon the Premises Mothers, the Seller shall furnish the Purchaser with a ecnifieate that such compensation and insurance have been provided. Such ccrtificmc, shall specify the date when such enmpensation and insurance have been provided. Such cer ificims shall specify the date when such compensation and insurance expires. The Seller agrees That such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofnny kind or nature whatsoever to persons or pmperw caused by or resulting from the execution ofthe work provided for in this purelmac order or in connection herewith. The Seller will indemnify and hold himdess the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages. chnrges or expenses Whether direct or indirect. and whether to persons or property to which the Purchaser may be put or subject by reason of any Tel. action, neglect omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser. or its otbecm agents or employees at any 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 cmployccs as Tiforesoid, the Seller hereby agrees to assume the defense thereof and to defend the same it the Sellers own expense to pay any and all costs, charges, anomcys fees and other expenses, any and ill judgments that may be incurred by or obtained against the Purchaser or any of its or their officers. ,agents or employees in such suits or other proccisings, and in case judgment or other lien he placed upon or obtained against the 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 same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all ,safety ptcceniinns, furnish and install all guards necessary for the prevention of accidents, comply With all Imes and rcEndntions with regard to safory including, but Without fimitntion, the Occupational Safety and Health Act of 1970 and TII rules and regulations issued pursuant fl crcte. Rc,i,cd 03/2010