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HomeMy WebLinkAbout128247 PIONEER SAND CO - PURCHASE ORDER - 9147395PO PURCHASE ORDER 914739er Page rCity of PURCHASE 47395 1 of 2 ' `t Collins( hisnumber must appear v 1 1 on all invoices, packing sli s and labels. Date: 12/15/2014 Vendor: 128247 PIONEER SAND CO 6705 S COLLEGE AVE FORT COLLINS CO 80525-5825 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 12/15/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price SAND & GRAVEL SUPPLIES 283314 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 17,642.50 Total Pay terms net 30 days 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 1. COMMERCIALDETAILS. Tax exemption. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is II.NONWAIVER. 98-04502. Federal Excise Tax Exemption Cenifcam of Registry 84-6000587 is registered with Ne Collator of Failure of Ne Purchaser to insist upon strict performance, of the tense and condition hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stamas 1973, Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly ratify the Seller in the event of a breach, the acceptance of or payment far goods hereunder or approval effln design, shall nor.1. the Seller of Goods Rejected. GOODS REJECTED due to failure to meet speci ficutions, either when shipped or due h) deRcs of any of be warranties or obligors. of this pumhasc order as shall not be deemed a waiver of any right of the damage in transit. may be returned to you for credit and we not to be replaced except upon receipt of written purchaser to insist .,an snict performance hereofo any of its rights or remedies as m any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, now shall any proposed oml modification or macission of this purchase order by the Purchaser operate as a waiver of coy of the terms Inspection. GOODS are subject m the City of Fort Collins inspection on arrival. hertrof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, outhonned 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 actual economic pacfice, overcharges resulting from national ACCEPTANCE is dependent upon completion of all applicable required inspection procedures violations are in fact home by the Purchaser. Theretofore, for good cause and in, consideration for executing this purchase order, the Seller hereby wasom to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., To" Collins, CO 80522, unless acquired ender fdeal or state antitrust laws for such overchafges relating to the particular goods or services wherwise specified on this order. If permission is given has prepay freight and clarge separately, the original freight purchased tar acquired by the Purchaser pursuant on, this purchase order. bill must accompany income. Additional charges for packing will not bea accepted. I J.PURCHASERSPERFORMANCE OFSELLERSOBLIGATIONS. Shipment Distance. Wheremanutionrr.ihave of the country, shipment is debilitygoods byadate Purchaser rtcls the cancer or defective W mconennfter IftPurchase, desuiationnad coseanri,hl rparte on point to destination, end execss freight will be deducted from lmoice when expected fmm ,M1do nortningor complyeduponbythe itSeller n Seller indicatess inability or ingress ro the Purchases the s and the flacrformed ft..l tune, di shipmenu arc made Gom guatef distance. may carer available he Selleshall by the most expeditious mean mailable to it, and the Seller shall pay all work to t ytheamost expeditions may cause the work to be Pe work. erase assanated with such work. Permits. Seller shall proeme at sellers sole cog all vaessary permits, certificates and licrnses rtquirtd by all applicable laws, regulation, ordinances and roles of the state, municipality, teriim, or political subdivision wham the work is performed, or required by any other duly constituted public amhodry having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and agaimt all liability and loss incurred by them by reason of an asserted or esublished violation of any such laws, regulations, ordinances, roles and ralmourants. Authmiration. All panics to this coutrux agree that the reprsenmtivn are, in fx, bare+ fide and possess full canal couplets authority to bind aid parries. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions armed herein set forth and any supplementary or additional tams and conditions annesed hereto or incoTornted herein by reference. Any aailioml or different is. and condition proposed by Belles are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you amml make complete shipment to (rive on your promised delivery date as noted. Time is of the 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 of partial late deliveries, shall operate u is waiver cf this provision. In he m'ent of any delay, the Purchaser shall have, in addition to tuber 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 much of delays due m anus not reasonably fofesceable which art beyond its reasonable touted and without its fault of negligence, such acts of God, was of civil or military angstrom, govemmrntal prionties, fires, makes, Good, epidemics, wars or dots provided ,hat notice of the conditions causing such delay is given to Be Purchaser within five (5) days of the time who the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the permit equal m the time actually lost by reason of the delay. J. WARRANTY. The Sella warren. Dal all goods, articles, materials and weak covered by this order will coed rat with applicable drawings, specification, samples arrow other description given, will be fir far the proposes intended, and padormed with the highest degree of are and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser hornless from any loss, damage or expe se which the Purchaser nay suffer or incur on account of the Sellers breach of wararry. The Seller shall replace, repair or make good, without cost m the purchase, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the fern of any applicable warranty provided by the Sella after the date of acceptane, of the goads fumuhed hereander (mceptame not m b, unreamoably delayedj, resulting fan imperfect or defmtive work done or materials famished by the Seller. Acceptance of use of goods by the Puchaser shall not onstimm a waiver of any claim under this warmnly. Except in otherwise provided in this purchase order, the Sellers liability hereunder shall extend to at l damages proximately caused by the breach of any of the foregoing warrants; or guarantees, but such liability shall in no event include loss of profits or lass 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 temp by wore. now, ,do, 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tema, tuber than legal terms, including additions la or dolon. s from the quantities originally ordered in the specifications of drawings, by verbal or written change order. If any such change aDecm the amount due or else sine of performance hereunder, an equitable adjustment shall be, made. 6. TERMINATIONS. The Purchaef may at any time by written change order, terminate this agreement n to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that Ore Purchaser shall not be liable for any claims for anticipated profs on the uncompleted pardon of the goods andtor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with pointer to any good which are the Sellers standard stock. No such temtinamon shall relieve the Purchaser or the Sella mfany of their obligation u m any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim far adjustment most be asserted within thirty (30) days from the data the change or temninatimn is ordered. 8. COMPLIANCE WITH LAW. The Seller worms that all goods sold hereunder shall have been produced sold, delivered and famished in me, compliance with all applicable laws and regulation to which the goads are subject. The Seller shall execute and deliver such docuurenu as may be required to offer, or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all cons end danagn svlfaed by the Purchaser in, a read, of use Sellers failure or comply with such law. 9. ASSIGNMENT. Neither Pray shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller waraau full, clan and urn waround title to the Purchaser For all equipment, materials, and items f ished in perform a of this agreement, Gee and clear of cry and all lien, feso-iaion, nominations, vicinity interest mcumbmnces as claims of others. The Seller shall release the Purchaser and its consuchers of any tia from all liability and claims of any nature rsuhing from the performance of such work. This release shall apply even in the event of fault of negligence of the piny released and shall extend to the directors, officer and employees of such pray. The Sellers contractual obligation, including warranty, shall act a deemed to he reduced, in any way, becaue, such work is Performed or caused to be performed by the, Purchases. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, parent. trademark or copyright, roe Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by rason of the use of such awarded design, device, material or process in connection with the contact, and shall indemnify the Punctuator for any cos, expense or damage which it rimy be obliged in pay by reason ofmch infringement at any time during the pmsccurion or after the completion of the work. tu case mid equipment, or any pan thereof or the intended vise of the goods, is in such suit held to conssitute mfdngement and the use of said equipment or .if is enjoined, the Seller shall, at its awn expense and a, its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially expand but noninGnging a ,ripmen, or modify it so it becomes noninfnnging. 15. IN SOLVENCY. If the Seller shall become insolvent or t oN;mp, make an assignment for the benefit of creditors, appoint a or tmsare for any of the Sellers property or business, this color may forthwith be canceled by dre Purchaser without liability. 16. GOVERNING LAW. The definitions often s used or the interpretation ofthe agreement as the rights ofall patio heremdm shallha mrtsoved matter and pointed by the laws offs, State ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to peribrat work hereunder, including the services of Sellers Repremmativgs), on the premises of others. I]. SELLERS RESPONSIBILITY. The Seller shall arty on said work at Sellers own risk until the same is fully completed and accepted, and shag, in case of my accident. datmcrion or injury to the work maker mataiah bet Sellers final amplemn and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchases. When tnslnials and equlpmeu, are furnished by others for installation or erection by the Seller, the Seller shot] receive, .[.ad, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller order the order. 18, INSURANCE. The Seller shall, at his awn expense, provide for the peymms of workers examproundiums including acupational disarm benefits, to its employees employed on or in connection with the weak covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall atao carry comprehensive general liability including, but not limited to, contmewal and automobile public liability insurance with bodily injury and death limits of al least S3ag000 for any one parson, S500,000 for any one accident and property damage limit per accident of 54W,Wn. The Seller shall likewise require his contractors, if my, to provide for such compensation and insurance. Before cry of the Sellers or his contractors employees shall do any work upon the pmnim, of others, the Seller shall f ish the Purclamr with is ceniliate that such compensation and insurance have been provided. Such certihates shall specify the date when such ompensurom and insurance have been provided. Such cenifiates shall specify the date when such compenmion and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work u completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby amuma the entire rsponsibiloy and liability for any and all damage, loss or injury ofmy kind or nature whatsoever to person or mi,mmy caused by or resulting from use execution ofrhe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Pardoner and any r all of the Purchasers officers, agents and employees from and stains, any and all claims, losses, manages. charges of expenses, whether direct or indirect, and whether m lacrsom or property to which the Puchaser may No put or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his commit of any of the Sellers or contractors oRcas, agents or employers In cam my suit or miter proceedings shall be brought against the Purchaser, or its officers, agents or employees at my time can account or by reason of my act, action, neglect, omission or default of the Sella of my of his comments or any of is or their officers, agents or employees as aforemid, the Seller hereby agrees to resume the defense thereof and to defend the same so the Sellers own expense, to pay any end all Coss, charges, atwmrys fees and other expenses, any and all judgmrnts that may be incurred by or obtained against the Pa igner or my of its or their officers, agents or employees in such suits or other Proceedings, and in cam judgment or ether find b s placed upon or obtained against dre property ofthe Purchase, or mid pmia in o as a result of such suits of order pfoceer rots, 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 precaution, famish and install all guard 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 ail mles and regulations issued pur own dream. Revised 07n014