Loading...
HomeMy WebLinkAbout541554 LANDMARK MONUMENTS LLC - PURCHASE ORDER - 9145179Fort Collins Date: 09/09/2014 Vendor: 541554 LANDMARK MONUMENTS LLC 526 W 66TH ST LOVELAND CO 80538 PURCHASE ORDER PO Number Page 9145179 left This number must appear on all invoices, packing slips and labels. Ship To: LINCOLN CENTER CITY OF FORT COLLINS 417 W MAGNOLIA FORT COLLINS CO 80521 Delivery Date: 09/09/2014 Buyer: PAUL, GERRY N ote: Line Description Quantity UOM Unit Price Extended Ordered Price Sandblast 15 pavers @ $200 ea 1 LOT LS 3,000.00 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-05W Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City Of Fan Collins is exempt front state and local nixes. Our Exemption Number is II. NONWAIVER. 98-04502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Fail.. of the Purchaser to insist upon met performance of the tend and conditions hereof, failure or delay am Intemal Revenue. Demen, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any colors 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 bereunda or approval of The design, shall rot releme the Seller of Goods ft jectad. GOODS REJECTED due Ip failure Ip meet specifications, either when shipped or due to defects of any of the wurruntics or obligation of this purchase order and shall as be deemed a waiver of my right of the damage in tmmit, may be, claimed to You for credit and me act to be replaced except upon receipt of wri0en pandaser to mull upon stria performance harcof or any of its rights or remedies as as any such goods, regardless instructions rut the City of Fan Collin. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall Tiny purported oral modification or rescission of this purchase order by the Purchaser spec, an, a waiver of any of the tines Inspection. GOODS ore subject to the City of Fun Coll ins inspection on amval. hereof. Final Acceptance. Receipt of The merchandise, services or egitipmal in respons e To this order can a ni in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized Payment on The Pan of the City of PonCollins However, it is to be understand ThatFINAL Seller and the Purchaser recognize that in actual e m ice powder, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable inquired inspection pmttduare me rea. violations c in fuel bruby the Purehasn. Theocratical, fear good cause and as conidemtlon for executing Nis puohasr order, the Seller hereby assigns in the Purchaser any mull all claims it may now have or hereafter Freight Terms. Shipments must be EON., City of Ford Collins, ]oat Wood St, Fan Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating an The particular good or services otherwise specified on This order. If pemnission is given to prepay freight and charge separately, the original freight purchased or nequircd by the Purchaser pursuant to this purchase order. hill maT a, comet nv invoice. Additional charues fur nackhm will not be accented. Shipment Distance. Where manufacmmss have distributing Points in us pans of the country, shipment is expected from the nenind distribution Prim at destination, and excess freight will Is, deducted from Invoice when shipments ate made from greater distance. Permits. Seller shall procure al sellers sole can all necessary permits, cenifices. and he— squired by all applicable laws, regulations, Ordinances and rules of the state, municipality, territory or Political subdivision where the work is pomp ned, or required by any other duly constituted public authority having jurisdiction over the work of vTndm. Sal Ear lunher agrees to held the City of Fort Cull ins harmless from and against all liability and loss endincurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles requlremeats. Aufforiation. All prames to this contract agree That The repmxntalives are, in fact, From fide and possess full and complete authority to bind said Fallen. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth mid any supplementary Or additional tears and conditions amrxcd hereto Or incorporated herein by reference Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediamly ifyou comma make complete shipment To melee an your promised delivery date as noted. Time is of the esscrec. Delivery and performance mum be effected within the time stared on the purchase order and The documents arched hortm. No acts of the Purchasers including. without Limitation, acceptance ofpanial late deliveries, shall opetile as, a waiver ofthis provision, In The event of any delay, the Purchaser shell have, in saf ilien to Other legal aM equitable remedies, the option of Flaring this order Thexi¢m and holding the Seller liable for damages. I{oweveq The Seller shall not be liable fir, damages a a cult of delays due to causes not reasonably foreseeable which are beyond it, reasonable antral and without its fault of negligence, such can of God, acts ofeivll or military authorities, governmental priorities, fines, strikes, flood, epidemics, wears or or rims provided that notice of The corWitions causing such delay is given To The Purchaser within fee (5) days of The lime when The Seller For, matived knowledge thereof In the event of ay such delay, the daze of delivery shall be extended for the period eeml to the fine aomlly Ina by aamn of the delay. 3. WARRANTY. The Seller warrants that all goad, articles, materials and work covered by this order will conform with applicable drawings, specifcmion, samples and/or other descriptions given, will be ❑t for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a imilar afar,. The Seller agrees to hold The parchaxr harmless from any loss, damage or expense which the Parch. Only suffer or incur on account Of no Sellers breach of waramry. The Sella shall replan, repair or make good, without cost to The Enrichment any defects or faults arising within one (1) year or within such longer penal of at. as may br pocambM by law of by the terms ofay applicable waromy provided by the Seller after The dte of ime,ptunn of be goad famished hetaumler (acceptance not tin be unreasonably delayed), resulting from Raised. or defective work done or materials Pomished by the Seller. Acceptance or use of ponds by the Purchaser shall nor oninate a waiver of any claim under this warranty. Except as otherwise provided :n this purchase Order, the Sellers liability hereunder shall extend to at I damages proximately caused by the breach of any of The foregoing warranties or guarantees, but such liability shall in no event include lass of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. C CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchasermiry make any changes to the terms other then legal arms, including additions m or deletinns from the quzntitiesoriginally ordered in the specifications or drawings, by called or wri tan change order. If any such change aBeds the amount due or the time vefperfomunne hereunder On equitable adjustment shall IS, made. 6. TERMMATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all poniom of she goad Then not shipped, subject to any ofilable Mjusment between The Parties as to any work Or materials then in progress provided that the Purchaser shall not her liable for any claims for mosthimed profits on the uncompleted portion of the goods murder work, for incidental or consequential damages, cad that no such adjusment be made in favor offic Seller with raped to Wry gr o st which are the Sellers standard stock. No such temamtam shall relieve The Purchaser or the Seller ofay of their obligations as to any goods delivered hereunder. J. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mat be aseneJ within thin (30) days from The date the change or termination is ordered. 8. COMPLIANCE: WITH LAW. The Seller winners Out all good sold hereunder shall Imve been produced, sold, delivered and furnished in social compliance with all applicable Laws and regulations to which the good me subject. The Seller shall execute and deliver such document, as may be required to effect or evidence compliance. All laws and regulations remained] to be incorporated in agreemots of This characmr are hereby incorporated herein by This reference. The Seller agoces To indcmmify and hold The Pm<hasn harmless from all dots and damagica suffered by Ne Purchaser as a result of The Sellers failuoc m comply with such law. 9. ASSIGNMENT. Neither parry shall assign, fmnsfen or convey this mill or any monies due or to become due hereunder without the prior wriflen camera of The other party. 10. TITLE. The Seller warants full, cler and uaresuimed tide To ff, Pumhasn far all equipment madmrieft, and it. fimmished in performance of This agreement, free and clear of my and all liens, marictiam, r.mafone, aecuriry interest encumbrances and claims atfothrrs. 13. PURCE ]AS ERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to cancer nonconforming or defective mob, by a date to be agreed upon by the Purchaser and the Sellee and the Seller donerafter indicates its inability or unwillingness Io comply, The Purchaser may cause the work to h performed by The most expeditious mean mailable 1. it, and the Seller shall pay all costs asaaimed with such wok. The Seller shall release the Purchaser and its connators of any an farm all liability and claims of any more resulting from the performance of such work. This release shall apply an in the event of fault of negligence of the party released and shall extend to the airacmrs, officers and employees ofsuch pain. 11e Se ar's conmuTml Obligations, including warmnly, shah nut he demand So be r diced, in any way. because such work is performed m caused to be performed by The Purchase. 14. PATENTS. Whenever the Seller is octal Tell to use any design, device, material or process accrued by letter, pienl, Trademark or copyright, ffr Seller shall indemnify and save harmless the Purchaser farm 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 Troy be obliged to Pay by reason of such infringemrent at any time during The prosecution or after the completion of The work. In case said ecopmal. or any pan thereof or The intended sex of Else gods, is in such suit held To consritie infringement and the use of said equipment or pan is enjoined, the Seller shall, ao its own Temmosc Said at its option, either procure for The Purchaser the right to continue using said equipmenT or pans, replace The same with substantially occur but nomatioging equipment or modify it so it becomes ncninf tinging. 15. INSOLVENCY. If The Seller shall become insolvent or bankrupt, rake an assignment for the benefit of credsom. appoint a or mtsme f any of dre Sellers property m business, this Order may forthwith be founded by the Puahasn without liability. 16. GOVERNING LAW. The definitions of corms used or the inarpretatiatn of the agreement and The rights of all parties hereunder Stull be occurred under and governed by the laws ofthe Sale of Colomdo, USA. The following Additional Conditions apply only in cases where The Seller is m peTfon work hereunder, including The services of Sellers Reprtrentatiare(s), on the prim¢. of.fte s. 17. SELLERS RESPONSIBILITY. The Sillier shall carry an said work in Sellers own oak until The same is fully completed and accepted, tam shall, in re of any accident, destination or injury to The work mdlor medals before seners final completion and acceptance, Templet, the work at Seller's awn expense and to The satisfaction of the Par t When materials and equipment are f Ished by others for installation or erection by the Seller, the Seller shall receive, unload, store Said handle same at The site and become responsible Therefor m Though such materials and/or equipment were being fumahed by The Seller under the clear. IS. INSURANCE. The Seller shall, at bin 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, and/or to their dependents in accordance with the laws of The state in which The work is to he done. The Seller shall also carry comprehensive formal liability including, but not limited to, contractual and marmalade public liability insurance with bodily injury and death limits of or least ViOROtq for any one person, $500,000 for any mrse accident and prolreny damage limit per incident of S400,000. The Seller shall likewise reclaim ITS contractors. if any, to provide for such compensation and insurance. Before ay of the Sellers or his contmdors employees shall do my work upon The pmmices of others, The Sella shall furnish the Purchaser with a cmificaae Thai such compdwdon and insurance have been provided. Such afifmtea shall specify the date when such firrimminsficars and insurance have ban presided. Such infirmet shall specify The die when such compensation and msumnce 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 Jmnagc, loss or injury dreary kind or mture whatsoever to person or pmperry caused by or r.ulaing rut the execution of the wok provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Partial and ay r ill of The Purchasers officers, agents and employes rut and against any and all claim, loss., damages, chages or expenses, whether direct or indium, and whether to person or proper to which the Purchaser may be put ar subject by reason of any .1, anon, neglect, omission of default oa the Part of The Seller any of his continuum, or any of the Sellers or contractors officers, agents or employees. In case any suit or other poer eximp shall be, brought against The Purchaser, or its officers, agents or employees many time an account or by reason of any ask action, neglect, omission or default of the Sella of any of his Contractors Of may of its or Their Rcars. agent, or employees as aforesaid, The Seller hereby ogreas to assume The defame darcof and Or defend Om same in The Sellers own expens, to soy my and all event, charges, mmmrys IT and Other expenses, my and all judgments That may be incurred by or obtained figured The Purcharer m any of its or Their nficers, agents Or employees in such suits or offer proceedings, and in case judgment or other lien be placed upon eu obtained against the property of the Purchaser, or said parties in or AS a mull ofsuch 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 precauaoes, fumish and install all gumd necessary for the prevention of accidents, comply with all laws and regulation with regard to Safry including, but without limitation, The Decupatioml Safety and Health Am of 1970 and all nilas and agulatiom Issued pursuant thasse. Revised 07R014