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HomeMy WebLinkAbout537597 BUTLER SNOW - PURCHASE ORDER - 9142950City of Fort Collins Date: 05/23/2014 Vendor: 537597 BUTLER SNOW PO BOX 6010 RIDGELAND MS 39158-6010 PURCHASE ORDER PO Number Page 9142950 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: CITY MANAGER CITY OF FORT LLINS 300LAPORT VE CITY HALL EST - 1ST FLOOR FOR CO INS CO 80521 Delivery Date: 05/23/2014 / Buyer: PAUL, GERRY Note: Line Description uantity UOM Unit Price Extended Ordered Price Foothills Mall Redevelopment 1 LOT LS 14,637.00 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 Total $14,637.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 JKURITMOX-rm- u -rr •lr Page 2 of 2 I. COMMERCIAL DETAILS. Tax twor, imps. By smpme the City creep Collins O exempt from state and local taxes. Our Exemption Number u 98-04502. Federal Excise Tax Exemption Cautiew, of Registry 84-6000587 is registered with the Collator of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1923. Chapter 39-26,114 (a). Good Rejected. GOODS REJECTED due to failure to mom specirca real either when shipped or due to defects of damage in mnsit, may be returned to you for credit and are not m M replaced except upon receipt of admen instructions from the City of Fort Collins. Inspection. GOODS are subjecno the City of Fon Collins increase. on apical. Final Acceptance. Receipt of the merchandise, services or equipment in rapue to this order can result in vidam zed payment on the part of the City of Fort Collins. However, n is to he mdarrood that FINAL ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. Freight Terms. Shipments must be F.O.B., City of Fort Collins, "IW Wood St, Fort Collins, CO 80522, unless otherwise specified oa this order, if permission is'Laos on prepay freighe and charge separately, the original freight bill must accompany invoice. Additional charges for poking will not be occurred. Shipment Distance. Where manufacturers have distributing points in various Was of the country, shipment is expected from the nearest distribution point to destitution, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall poarne at sellers sole cast all ntteswry permits, certificate and licenses required by all stiff icable laws, regulations, nrdimmres end Its of the stare, municipality, territory or political mbdiviron when the work is performed, or regni red by any other duly tensioned public authority having jurisdiction over the work of vendor. Seller further servos m hold the City of Fop Collins harmless from ..it ugaiwp all liability end loss incurred by plan by nuns of an asserted or established violation of any such laws, regulations, ordinances, roles and requirements. Autbmimtion. All panics to this contract agree that the rapeasmativa are, in fact, bona fide and procas full and complete authority to bind said parties. 1.1 MT I'Al[ON OF TERMS, ghis Purchase Order expressly limits acceptance m the terms and trichina, doted herein sel fah and any supplementary or mdaimal arms and conditions annexed hereto or incomomped herein by reference. Any additional or different Ames slid conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE, PURCHASING AGENT immediately ifyuu rumor ..It complex shipment to arrive on your promised delivery date as noted. Time is of the aware. Delivery and performance must be eflbted within the time slated on the purchase order mid the documents attached hero. No acts of the Purchasers including, without limitation, accepmmc of partial lax deli name. shall operate as is waiar of Nis provision. In the even, ofany delay, the Purehuer shall have, in addition to other legal and rgmarble remedies, the option of placing this order elsewhere and holding the Seller liable frr, damages. However, the Seller shot not be liable for damages as a result rdelays due m causes not reasonably foresaable which are beyond its rea le control and evithom its fault of negligence, such acts Of Gad, acts of civil or military authorities. governmental priorities fires, strikes, flood, epidemics, wars or riots provided that ropice of the condition causing such delay is given to the purchaser within five (5) days of the time when the Seller first received krowbol thereof In the went of any such delay, the dam of &livery shall be emended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all grails, articles, materials and work covered by this order will combatant with applicable drawings, specifications, samples andim other description given, will be fit for the proposes intended, and performed with the highest degree of care and competence in accordance with acrmial standards for work Of a similar nature. The Sella corers to hold the purcbawr harmless from any mars, damage or expense which the Particular may suffer orincur on account of the Sellers breach Of wseranty. The Sella shall replace, repair or make goad, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer pscriW of rime as may be Joe w.hard by law Or by the corms of any applicable warranty provided by the Seller alter the date of acceptance of the goods fumished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect Or defective work dune or materials fumished by the Seller. Acceptance or use of goods by the Purchaser shall not institute a waiver Of any claim under this warranty. Except as ohemise provided in this purchase Order, the Sellers liability hereunder stealI extend to at dmages proximately caused by the breach of any of the foregoing wap oo.us or gmmntees, but such liabe by 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 farms la written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the ¢rocs, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or whom change coder. If any such change which, the amount due or the time ofprformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, artninam this agreement u to any or all portions of the good then mat shipped subject to any equitable adjmbnal between the panics as to any weak ar procrim; then in profess provided that the Purchaser dull not be liable for any claims fro anticipmd profits on the uncompleted W hion of the goads and/m work, for incidental or consequential dmages, and that no such edjnnmenn be made in favor rthe Seller wild respect to any goods which x the Sellers smndrd stock. No such termination shall relieve the Purchaser Or the Seller of any wf their obligations as many goad delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for whastmeut most be punched within tinny (30) days from the date the change or mnninition is ordered. 8. COMPLIANCE WITH I LAW. The Seller woman that all grails sold hereunder shall have been produced sold, delivered and fumished in strict compliance with all applicable laws and regulations to which the goad we subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations rumored to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser handless from all casts and damages inflated by the Purchaser as a result of the 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 he prior writer, consent of the order party. 10, TITLE. The Seller warrants full, clam and committed title to the Purchaser for all appoint, materials, and items furnished in performance of this agreement, free and clear Of any and all fibs, rawancr wn, memoriam, security interest encumbrances and claims of offers. 11. NONWAIVER. Failure of the Purchaser to insist upon shim performance of the arms and conditions hereof, failure or delay to comise art rights remedies prere sided herein or by law, failuto promptly notify the Seller in the event of a breach, the acceptance of or Payment for goods hereunder or approval ofthe design, shall rot release the Sella of any of the wamenties or obligations of this purchase order and shall not be deemed a waiver of my right of the punhaser to insist upon strict performance barefoot any of its rights or minorities as to any such goods, regardless of when shipped, received or accepted, m many prior or subsequent default hereunder, nor shall any puryoned and modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic p ectice, overcharges resulting from natural violations art in fact home by the Purchaser. Theretofore, forgoodcouse and as consideration for among this purchase order, the Sella hereby assigns to the Purchaser any and all claims it may now have or ber after acquired under federal or slate It., laws for such overcharges relating to the particular gmls or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective good by a date to he agreed upon by the Purchaser and the Seller, and the Seller thereunder indicates its inability or unwillingness in comply, the Purchaser may cause the work m be perfrmed by he mast expeditious means mailable to in, and the Seller shill pay all costs associated with such work. 'fhe Seller shall release the Purchaser and its contactors of any tier from all liability and claim of any nature resulting from the performance of such work. q Lis relloor shall apply even in the event of fault of negligence of the tinny released and shall extend to the directors, officers and employees of such tiny. The Sellers contractual obligations, including warranty, shall not be devoted to be reduced in any way, because such work is Performed or caused I. be performed by the Purchaser. 14. PATENTS. Whenever the Sella is required to me 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 the am of such patented dw iym, device, material or process in connection with the contact, and shall indemnify the Pmrchaser for any cost, expenx or damage which it may be obliged to pay by reason of such infringement many time during the preparation or after the complaint of the work. In cue said equipment, or any pan thereof or the imended use of Ne goods, is in such wit held an constimre infringement and the use of slid equipment or pan is enjoined, the Seller shall, at its own apense and at its option, either practice for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninGnging equipment, or modify it an it becomes comminuting, 15. INSOLVENCY. If the Seller shall become insolvent or hmrkmpr male an assignment for the belief of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchases without liability. 16. GOVERNING LAW. The definitions of terms meal or the Lammermoor of the agreement and he rights troll panic hereunder shall be construed under and governed by the laws oflhe State ofC.1oad., USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Rewessidwo ch), on the premises of others. I). 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 In the work and/or materials before Seller's final completion and ccificer , complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment arc fumished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same 0 the site and become responsible therefor as though such materials anchor equipment were being fumishal by he Sella under the Order. 18. INSURANCE. The Seller shall, an his own expense, provide for the payment of workers compensation, including Occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, andrur to their dependents in accordance with the laws Of the state in which the work is to M done. The Seller shall also carry comprehensive general liability including, but not limited to, mntmetual and automobile public liability insurance soh bodily injury and dean limier of at leas' S3KOW for any one parse., SSW," for any one accident and pmpepy damage limit per accident of S400,01W. The Seller shall likewise ox,mrc his conoramors, if any, to provide for such compensation and inuuance. Before any of the Selless or his contractors employees shall do any work upon the premises of others, the Sella shall f ish We Purchaser with a unil3cerre door such compensation and insurance have bar provided. Such camfirara dull sparify the date when such compensation and insurance have been provided. Such ratificates shall specify the date when such compensation and insurance expires. The Seller agrees than such comperaccom and warrant, shall be mainmimd until offer the entire work is completed and accepted. D. PROTECHON AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entice responsibility and liability for any sad all damage, 1. or injury ofany kind or mature whensoever to persons or property coral by or resulting from the execution of the work provided for in this purchase order or in commotion herewith. The Seller will indemnify and hold harmless the Purchaser and any cr all of the Painful oRcars, agents and employees from and against any and all claims, lossu, damages, harges or apcmes whether direct or indirect, and whether to person or property to which the Purchaser may Ise put or subject by reason of my act, action, neglect, omission or default on the pan of the Seller any of his contractors, or any of the Sellers or rontracmrs officers, agents or employees. In case any suit or other proceedings shall be brought against the Formal or its officers, agents or employees at any time on account or by mawn crony act, action, neglect. omission or default of the Sclla of any of his contractors or my orris or their officers, agents or employees as aforesaid the Seller hereby agrees to assume the defense thera f and to defend the same at the Sellers own expense, to pay any and all casts, charges, anmmeys fees and other expenses, any and all 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 proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchases, or said panics 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 precautions, Finnish and install all guards necessary for the prevention Of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuantthereto. Revised 03aO10