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HomeMy WebLinkAbout128247 PIONEER SAND CO - PURCHASE ORDER - 3214146 (2)Fort Collins Date: 11/24/2014 Vendor: 128247 PIONEER SAND CO 6705 S COLLEGE AVE FORT COLLINS CO 80525-5825 PURCHASE ORDER PO Number Page 3214146 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 11/24/2014 Buver: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 Addendum to add addtl funds per requisition 48640 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 20,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms Bad Conditions Page 2 Of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Fdeml Excise Tax Exemption Crnificam of Registry 84-6000587 is registered with the Cohen., of Immured Revenue, Drava, Colorado (Ref. Colorado Revised Sawta 1973, Chapter 39-26,114 (a). Goods Rejected. GOODS REJECTED due to failure or meals saificalinina, either when shipped or due to defects or damage in brand, may be rtmmrd to you for credit and nor not to be replaced except upon receipt of wdmen instructions Imm the City saffron Collins. Inspection. GOODS. subject o the City off. Collins inspection ern mrival. Final Acceptance. Receipt of the merchandise, services at entailment in respmew to this order am tauh in withonzd payment on the put of the City of Fan Collins. However, it is In be understood that FINAL ACCEPTANCE is dependeat upon compleim of all applicable rryuined impatim prcedures- Freight Teens. Shipments must be F.O.D., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless otherwise specified on this oMer. If permission is given to prtPay firrilit and charge winsomely, the original freight bill most accampany invoice. Additional changes for puking will rat be aca rd. Shipment Distance, Where manufacturers have duuibuting points in various puts of the country, shipment is expected from the carmat distribution point to destination, and excess freight will be deducted from lavoicc what shipments we made from greater distance. Permits. Seller shall procure at sellers sole cast all necessary permits, mnifivatu and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is perforated, or required by any other duly constituted public authority having jurisdiction over the work of vendor, Seller lumber agrees to hold the City of For Collins hanaleas from and against all liability and loss incurred by them by reason of an invaded or established violation of my such laws, regulations, ordinances, mles and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full end complete authority to bind said pairs. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set rush and any supplementary or additional mans and conditions annexed hereto or incmpomted herein by reference. Any additional .,different terms and conditions proposed by seller are objemed to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to crave on your promised delivery date as noted. Time is of the was mce. Deliveryand performance at be eRected within the time stated on the purchase order and the daumens attached berem. No was of the Purchasers including, without limitation, acceptance of partial late deliveries, shall opeeate as a waiver of Otis provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option afplacing this maker elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages az a result of delays due to causes not reaxa mbly f amsemble which art beyond is reasonable round and without is fault ofnegEgaver, such acts of God, acts of civil or military authorities, governments] priorities, fires, strikes, Rood, epidemics, wars or rims provided that mutt of the condition causing such delay is given Ir the Purt wser within five (5) days of the time when the Seller first received knowledge thermf. In the event of any such delay, the date of delivery shall be extended for the pira i equal to the time actnally Ion by round of the delay. 3. WARRANTY. The Sella wareans Oat all goods, ankles, materials and work covered by this order will conform with applicable drawings, specifications, sample andor other descriptions given, will be fit for the purposes intended, and perfumed with the highest degree of ere and ..Mr a in trcwrdance with accepted stmduds for work of n similar nature. The Seller ograr o hold the puchro r hmmlrss fiom any loss, damage or expense which thr Purchaser may suffer or immr on account of the Seller breach of wamnty. The Sellershall replace, repair or make goad, critical cast to the purchaser, my defects or faults arising within one (I) year or within such longer period or time as may be prescnbed by law or by the toms ofany applicable warranty provided by the Seller afla the date of ecttptancr of far goods furnished hereunder (acceptance oat to be nably delayed), resulting from impafecl or defective work done or materials fumuhed by the Seller. Acceptance or use of goods by the Purchaser shall no: orhstim4 a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximarely caused by the breach of my of the foregoing warranties 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 chnngrs to legal menu by written change mile,. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes In the names, .,her than legal teras terms, including addrioto or deletions from the quantities originally ordered in the specificmmew or drawings, by verbal or written change We, If any soon change affects the amount due or the lime of performance hereunder, an equiable 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 goads then not shipped, subject to any equitable adjustment between the parries as to my work or materials that in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion 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 any goods which are the Sellers standard stark. No such termination shall relies',, the Purchaser or me Seller of any of their obligations ex in any goods delivered hemwder. ]. CLAIMS FOR ADJUSTMENT. A, claim for adjustment most be assured within thirty (30) days Iran the date the change or to m usufam is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have been produced, sold delivered and furoished in stria complimor win ell applicable laws and regulations to which the good are subject. The Sella shall exmle and deliver such dreumer s as may be required to effect or evidence compliance. All laws end regulations required to be incorporated in agreements of this character ere hereby incorporated herein by this reference. The Sella agrees in indemnify and hold the Purchaser hvmless Imm all ass and damages suffered by flue Puchasa as is result of the Sellers 6alure n comply with such law. 9. ASSIGNMENT. Neither party, shall assign, number. or convey this order, or my monies due or to become due hereunder without the prior wrinen commt of the offer Party. 10. TITLE. The Seller warrants full, clear and unresuica d title to the Purchaser for all equipment, materials, and items famished in performance of this agrrem on. f tad clew of my and all lints, restrictions, resmatiom, security interest mcumbrdnca and claims f.dares. 11. N0NWAIVER. Failure of the Purchmer to insist upon strict prifornantt of the terms and conditions hereof, failure or delay to exercise any rights or remedies Provided herein or by law, fmgtue to promptly notify the Seller in the at of a breach, me acceptance ofor payment for goods hereunder orapinval fthe drat x,arl not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver union, right of the purchaser W insist upon shin performance hereofor any of its rights or remedies as to my such goods, regardless of whim shipped, received or incepted, as to any prior or subsequent defaut hereunder, nun shall any puepomed oral modification or conclusion of this purchase order by me Purchaser operate as a waiver of any of the terms bent 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller end the Franchiser magn've that in a don ocadmic prmtice, ovachmga resulting from antitrust violations art in fact home by the Purchaser. Theretofore, for good cause and as consideration far exerting this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter acquired under federal or stare antimnr laws for such overcharges relating to the Particular goods or savica purchased or acquired by the Purchaser p neural Io this purchase maker. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Effie Purchaser directs the Seiler to correct nonconf ing or defective goods by a dare an be agreed upon by the Purchaser and the Seller, and the Seiler theemaer indicates its inability or unwillhhgne. an comply, the Purchases may cause the work to be performed by the mast expeditious means available to it, and the Seller shall pay all costs associated with such wort. The Sella shall release the Purchaser and its contractors unary tier from all liability and claims of my nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the durnors, officers and employees of such party. The Seller's anumnual obligations, Including warmty, shall not be deemed to be reduced, in any way, because such work is performed or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by Inver, patent, trademark r copyright, the Seller shall indemnify and save harmless the Purchaser from any end 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 an pay by reason ofsuch infringement at any time during the prosecution or after the completion of the work. In eau said equipment, or my pan thereof or the intended use of the goads, is in such suit held to constitute infringement and me use of said cquip rat or pan is enjoined, the Seller shall, at its own expense and at is option, either procure far the Purchaser the eight to continue using said equipment or pars, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes nrninGhnging. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an mompmem for the benefit of creditors, appoint a receiver or rrmme for my of the Sellers primary py or business, this order may forthwith canceled by the Emanates, without liability. 16, GOVERNING LAW. The definition, of tames used or the iaterpremtim of the agreement and the rights of all parties bemander shall be comtmcd under and governed by tbe laws ofthe Scare ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the smiersof Sellers Rcpmunativebs), on the prentun afotlers. 19. SELLERS RESPONSIBILITY. The Seller shall any on said work in Seller's own risk until We same is fully completed and accepted, and shall in case of any mcidem, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at setter's own expense and in the satisfaction of the Purchaser. When material, and cquipmrnl arc famished by others for imallation or erection by the Sella, the Sella shall receive, unload, store and handle same at the site and become responsible therefor as though such materials mNor equipment were being famished by the Seller under that, order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in correction with the work covered by this purchase maker, and/or to Iliac dependents in accordance with the laws of me state in which the work is to be done. The Seller shall also any comprehensive gene.] liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least $300,000 for my one person, $500,000 for any accideal and Prolimit,, Pony damage mit per accident of S40 ,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upan the premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificate shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the ralire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes me entire responsibility and liability for my and all damage, loss or injury array, kind or nature whatsoever to persons or property caused by or resulting from the execution offfe work provided for in this purchase order or in connection herewith. The Seller will indemnify and bald barmless me Furthasa and any r all of the Purchasers officers, agents and employees Gam and against any and all claims, losses, damages, charges or expenses, whether direct or indirect. and whether in persons or properly n which me Purchaser may be put or subject by reason of my act, action, medial, omission or default on the pan of the Sella, my of his contractors, or my of the Sellers or coronations mfTcas, agents or employees In case any suit or other p <dings shall be bought against the Purchaser, or its officers,.,am or employers at any time on accounl or by damn of my act, mtiom region, omission or default of the Sella of my of his contractors or my of its or their ofro., agents or employees as aforesaid, me Seller hereby ages to assume Um defense therm(and to defend the same at the Sellers own expense, to pay my and all costs, charges, commeys fees and other expenses, my and all judgments Oat may be incurred by or obtained against the Purchases or may of is or thew officers, agents or employees in such suits or outer pmceedwgs, and in case judgment or other lim be placed upon an mounted td against to property, of the Purchaser. or said pamia in or as a rains of such win or other proceedings, the Sella will al once cause me same to be dissolved and discharged by Siving broad or underwrite. The Sella and his contractors shall take oil safety proarom ns, human and iosmll all guards marmarry for die proveatimn of accidents, comply with all laws and regulations with regard or safety including, but without limitation, the Occupational Safety and Health An of 1970 and all roles and regulator issued pursuant thereto. Revisal 07n014