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HomeMy WebLinkAbout537597 BUTLER SNOW - PURCHASE ORDER - 9142950 (2)Fort Collins Date: 07/21/2014 Vendor: 537597 BUTLER SNOW PO BOX 6010 RIDGELAND MS 39158-6010 PURCHASE ORDER PO Number Page 9142950 1o12 This number must appear on all invoices, packing sli s and labels. Ship To: CITY MANAGER CITY OF FORT COLLINS 300 LAPORTE AVE CITY HALL WEST- 1ST FLOOR FORT COLLINS CO 80521 Delivery Date: 05/23/2014 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 Amendment - Add Funds 1LOT EA 23,339.00 Foothills Mall Redevelopment 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 Pay terms net 30 days Invoice Address: 339.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tenants and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fiat Collins a exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-01502. Federal Excise Tax Exemption Cenifcam of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon stict infomowre of the mrms and conditions h.eor, failure or delay to Internal Revenue, Denver, Colorado Ref. Colorado Revised Statutes 1973, Ch ipl. 39-26, 114 roc exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defect of MY of the warrantin or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit may be remind to you fin credit and are not to be replaced except upon receipt of written purchaser re insist upon strict performance hereafor any of its rights err remedies as to any such 6nods• regardless instructions From the City of Fan Collins. ofwhm shipped, received or accepted, as to any prim or subsequent default hereunder, nor shall any pur,soped call modification or rescission of this purchase order by the Purchaser oyem a as a waiver of any of the terms Infraction. GOODS are subject to the City of Pon Collins inspection on arrival. ]tenses. Final Acceptance. Receipt of the merehmdise, annicas or equipment in response to this order Co.result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorised WYmml on the pan of the City of Four Collins. However, it is It be understood than FINAL Seller and the Purchata recognize flat in actual economic practice, ovemlhrgn fesuIli.g fiom antitrust ACCEPTANCE is dependent upon completion ofell applicable required inspection procedures. violating, are in fact borne by the Purchaser. Theremform. for gaud cause and as consideration for executing this purchase order, the Seller hereby assigns to the Pumhaswir any and all claims it may now have or hereafter Freight Tenors. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or scale amiwst laws for such overcharges relating to the particular goods or services otherw'ix specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser prowam to this purchase order. bill mine accommnv im'oire. Additional charges for sucking will tat be, accwted. Shipment Distance. Where manufacturers have distributing points in various pans 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 Co.. greeter distance. Permits. Seller shall procure at sellers sole cost all necessary permits, cenifestes and licenses nyttired by all applicable laws, regulations, ordinances and toles cram scam, municipality, amitory or political subdivision where the work is performed, or require(] by any other duly constituted public Minority having juniiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asom d or established violation of any such laws, regulations, undermost rules and rcquiremms. Autlmotraon. All ponies to this contract agree that the reprowmarives ere, in fact, bona fide and possess full and worried, mvhority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional toms and conditions annexed hereto or incorporated herein by figment . Any additional or different erms and conditions Imposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to naive on your promised delivery, date. wind. Time is c the a seme. Delivery and pedomlawe mint M effeatd within the time stated an the parehesc other and the documents mumbled hereto. No acts of the Purchasers includin, without limlolim, acceptance criminal late deliveries, shall ,an, as a waiver ofthie provision. Join, event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere 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 rwmrubly foreseeable which we beyond its reasonable control and without its fault of mgligence, such acts oDmd, as tt ofcivil or military auflournies, governmental pnomms, fire, strikes, flood, epidemics. was or riots provided arm 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 far the p.iud equal to the time actually lest by reason of the delay. 3. W'ARRANfY. The Seller warrants that all goods, articles, rnmedals ad work covered by this order will conform with applicable drawings, specifications, samples andor other descriptions given, will ha 0t for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar aware. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach ofwaram, The Seller shall replace, repair or make good, without cast 1. else purchaser, my defects or faults arising within one (1) year or within such longer period of time as may be roscdbed by law or by the tomes of my applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (a ... plaare no, to be unreasonably delayed), sainting fmm imperfet or demence work done or materials fomishd by the Seller. Aceepance or use of goods by the Purchaser shall gal omlimte a waiver of any claim under this warranty. Except as otherwise provided in this pu¢hase order, the Sellers liability herewdc shall extend to all damages proximately caused by the breach of wy of the foregoing wmainum or guarantee, but such liability shall in no event include loss ofpmfits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pmchsser may make changes to legal temp by wrinm change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions a or deletions rota the gm,mi(iea copinally oNo-ed in the .epecin.camas or drawings, by verb I ur wrinen change .,do, If any such change affects the amount due or the time of perforrance hereunder, an equitable djtstment shall he made. 6. TERMINATIONS. The Purclwser may at any time by wrinen change order, m miwm Nis agreement as to any or all portions of the goods then not shipped subject to any equitable ad roc m at between the panties as to any walk or materials then in progress provided that the Puahnser shall not be liable for any claims for anticipated profits on the uncompleted Portion of the goods =Nor work, for incidental or consequential damages, and that an such adjustment he made in favor of are Seller with respect to any goods which ere the Sellers weekend stock. No such termination well relieve the Purchaser or the Seller of any oftheb obligations as to my goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within tarry (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Sell. warrime that all goods sold hereunder shall have been produced, sold, delivered and famished in strict omplia ma with all applicable laws and regulmioas to which the goods me wbjeet. The Seller shall execum and deliver such documents as may be n:quird to effect or evidence compliance. All laws and regulations required to W incorporated in agreements of this character are hereby inconpommd herein by this referemre. The Seller agrees to indemnify and hold the Purchaser homeless from all tots cad damages f iffic d by the Purchaser as a malt of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither puny shall assign transfer, or convey this order, or any monies due or to become due hereunder without the prior wdven event of the other parry. 10. TITLE. The Seller warrmm full, clean and Maintained title to the Purchaser for all equipment, materials, and items Famishd in pealwaraccurce, of this agreement, free said clear of MY and all lines, mstsicumme, rearms our, security interest mcumbmanen am claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS - IFare Purchaser directs the Seller to correct nonconforming or defective goods by a dam to be oared upon by the Purchaser and the Seller, and the Siff let darcaber indicates its inability or unwillingness to comply, due Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all cons associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any mon, resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligcmc of der Pony rebound and shall extend to the directors, officers and employees crunch party. The Sellers commensal obligations, including warranty, shall not be demand to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to rue any design, device, material or process coveted by labor, patent trademark or copyright the Seller shall indemnify and save hi mless the Purchaser fmm any cad all claims fur, Infringement by reason of the use of such pmenmd 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 of snob infringement many time during the prosecution or after file completion of the work. In case said equipment or any pan thereof or the intended use of the goods, is in such suit held to constitute management and the use of Mid equipment or pan is amounted, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninGnging equipment, or modify it so it becomes noninfroging. Is. INSOLVENCY. If the Seller shall become insolvent or bwkmpl, make an assignment for the benefit of eredim s. appoint a receiver or trustee for any of the Sellers properly or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofmrms used or the interpretation ofthe agreement and the rights of all ponies hereunder shall be, exhumed under and gmemed by the laws of fhe State of Colomda, USA. The following Additional Conditions apply only in where the Seller is to perform work michadeq including file services orS Iiim Represenative(s), on file premiss aroma". A. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Sellers own risk until the same is fully completed and incepted, and shall, in e of any accidenl, destruction or injury m the work hall materials before Seller's final correlation and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When mamnalf and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, talked, store and handle same at flue site and become responsible therefor as though such mmmok aM/or equipment were being Smashed by the Seller under doe order. 18. INSURANCE. The Seller shall, at his own..pease, provide for the payment of workers compartment a including occupational disease benefits, to its employees employed on or in connection with the work covered by this ptuchas, order, and/or to their dependents in accordance with the laws of the sate in which the work is to M data The Seller shall also cart,, comprehensive general liability including, but not limited to, comacmal and automobile public linbi lily main me win, bodily injury vad dealt, limits of at least $] sits. lur any one Person, $100,00. tin any one accident and property damage limit Per occident of S4011000. The Seller shall likewise nature his if any, to prmWe for such compew on and mearrince. Before my of the Sellers or his contractors employres shall de any work upon the premises of others, the Seller shall famish the Jorchucr with a renifcare than such compensation and rourance have been provided. Such uniticates shall specify the date when such compensation and insurance have been provided Such cenifcates shall specify the date when such compensation and mourance expires. The Seller agrees Nat ,.all compensation and insurance shall be maintained until after the entire wink is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the cal ire tesponsibility and liability for any and all damage, loss or injury artery, kind or nature whatsoever to persons or pmpeny caused by or resulting fmm the execution of the work provided for in Nis purchase order or in connection herewith. The Seller will indemnify and hald harmless the Purchaser cad any r all of the Purchasers oRcers, agens and employees fmm and againsl any and all claims, lasses, damages, charges or expenses, whether direct or indirect ab whether be persons or property be which the Purchaser may ho put or subject by reason of My act, action, neglect, omission or default on the Pan of the Seller, my of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall b , brought against the Purchaser, or its officers, agents or employees at any time an account or by reason of any tot, action, neglect omission or default of the Seller of my of his contractors or any of is or their oRcers, agents or employees as aforesaid, the Seller hereby agrees m assume the defense thereof and to defend the same at the Sellers own spease, to pay any and all toss. charges, nt..M fees was other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officer, agents or employees in such suits or other premeditate, and in case judgment or other lien be placed upon or abound against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Sellerwill an once educe the same a be dissolved and dischargd by giving bond or otherwise. The Seller and his coauthors shall coke all aafey pre annions. famish and install all stands faces, for the pexcitation of accidents, comply with all laws and regulations with regard to safety including, but sithour limitation, the Occupational Safety and Health Act of 1970 and all toles and regulations issued pursuant thereto. Revised 07Qo14