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HomeMy WebLinkAbout128247 PIONEER SAND CO - PURCHASE ORDER - 3214146 (3)Fort Collins Date: 12/19/2014 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: 12/15/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 3 Addendum to add addtl funds per requisition 48943 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:pumhasing@fcgov.com 40,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDETAIIS. Tax exemptions. By statute the City of Fort Collins is exempt from state and ]me] taxes. Our Exemption Number is 98-01502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of hnenal Revenue, Denver, Colorado (Ref Colorado Revised Studies 1973, Chapter 3936, 114 (a). Goods Rejected, GOODS RE ECTED due to failure to meet specifications, either when shipped or due a dollars of damage in vausis. may be retllrtwd to you for credit and are not to be replaced except upon receipt of written instructions from the City of Fall Collins. Impaction. GOODS are subject to the City of Fort Collins inspection on r yiwl. Final Acceptance. Receipt of the merchandise, save. or equipment in response to this oNer can result in authorized payment an the pan of the City of Fan Collins. However, it is to be understood felt FINAL ACCEPTANCE is dependent upon completion of all applicable rev dra inspection praNures. Freight Terms. Shipments must be F O.B., City of Fun Collins, 700 Wood St, Fun Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the minimal freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Could, NTere manufacturers lase disNbml, Wino at various pans of me country, shipment is expected From the nearest d'Istnbution point to desti=lion, and excess freight will be deduyed fmm Invoice when shipments are made from greater distance. Permits. Seller shall p.me at sellers to cos, all necessvry Wnni¢, certificates and licenses required by dl applicable taus, restrictions, ernio nces and rules oftbe some, municipmit , lerimry or paliocal subdivision where the work is performed, or required by any other duly conslitu,ed public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Pon Collins harmless from and agailu, all liability and loss incurred by them by reason arm asserted or established violation of any such laws, regulations, ordinances, rules add rNuirements. Authenticator. All parries to this confirm agree that the representatives are, in fxt bo= Fide aud possess full and complem authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptant¢ a be aerrus and condition, stated heein set forth and my supplementary or additional terms and conditions annexed hereto or incorpaared herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hophymbeted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on be purclmse order and the documents attached hereto. No now of the Purchases including, without limitation, acceptance of partial lam deliveries, shall operate to a waiver ofthis provision. In the event army delay, the Purchaser shall have, in addition a other legal rued equitable remedies, be option of placing this baby elsewhere aM holding the Seller liable for damages. Dow..a, me Seller shall.. be liable for damages as a result of delays due to causes not reasonably for unable which are beyond its rtzso=ble ro ml and woman its fault ofnegligands, such acts of God, as ofci l or military authorities, governmental prlonties, fires, slakes, good, epidemic, wars or hots provided rat notice of the conditions causing such delay is given to be Parlower within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the dale of delivery shall be extended for the period equal to the time actually lost by reawn of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials; and work covered by this order will conform with applicable drawings, specifications, samples ardi other descriptions given, will be fit for the purposes intended, and performed with the highest degrte of core and cmnpetrnce in mardance with accepted standards for work of a similar =tore. The Seller a,max to hold the purchaser hmmless from any loss, damage Or expense which die Purchaser may sully or Randall account of she Sellers breach of warranty. The Seller shall replan, sepah or make good, without cast to the purehase, my defects in faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the tams of my applicable warranty provided by the Seller after be date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting tram imperfect or defective work done or materials famished by the Seller. Acceptance or use of grads by the Purchaser shall out constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in an event include loss of pin fis or has of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purehaser may, rake changy to legal toms by wrinan change order. 5. CHANGES IN COMMERCIAL TERMS. 'rbe I'mobaur may make tiny Oon8es to ore berms, other noon legal woos, includin8 uvlvlilions In or d"co, ns fnnn the quantities originally ordered in the specifications or drawings, by verbal or written change order . If any such change offices the amount due or the time of performance hereunder, an equVuble adjustment shall be made. 6. TERMINATIONS. The Purchaser may at my time by %rifted change miler, terminate this agreement m to my or all portions of the goods then not shippal, subject bo any tyuitable adjustment Mwem be parties to a my work or nuteriak men in progress provided but be Purchaser shall not be liable (a, my claims for anticipated profits can to umompinal pordn of the goods madD r work, for incidental y wmequenful damages, and that re, such repayment be made in favor of the Seller with respect to any goods which arc the Sellers standard stock. No such termination shall relieve the Entchaser or me Seller of any mfinei, obligations m to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be owned within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warann but all goods sold hereunder shall have been produced sold, delivered and furnished in strict compliance with all applicable laws and regulations to which be goods am subject The Sally shall exemte and deliver such documents by may he required by effect., evidence compliance. All laws east coronations disputed to, be incorporated in agrecmcns of this character are hereby unimproved herein by this reference. The Seller agrees to indemnify and hold the purchaser brimless final all posts and damages uRed by the Purchaser as a mall of the Sellers failure in comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or a become due hereunder without the prior written consent of be other parry. 10. TITLE. The Seller we. full, cleat and mrmmcted line to be purchaser fir all aluipmmt mmeaals, and in. fnmislxd in perfortmmse of iris agreement f and elect of my and all how, recomedo=, resmafms, savriry, mtetcy encrambances and claims a f orders. I L NON WAIVER. Failure of be purchaser to must upon strict performance of the terms and conditions hereOE failure or delay to any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach,tthe acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase oNer and shall not be deemed a waiver of my right of the purchaser to insist upon strict performance hereofor any of in rights or remedies by to any such good, Regardless of when shipped, received or mnpted, as to my prior or subsequent default hereundid, we shall my purpaned am] modification or rescission of this pumhau under by the Purchase operate m a waiver of any of the isms h rcof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser ree.gnize that in actual economic practice, overcharges resulting from mtirtust violations arc in fact home by the Purchaser. Theodora, for good cause and as consideration for attempts W s purchase oNer, the Seller hereby assigns to the Purchaser any and all claims it may now have or bereaffer acquired under federal ar state antitrust laws for such overcharges relating to the particular good or services purchased or occurred by the Purchaser purrousayint to this purchase make. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. tribe Purehssn dhees the Seller to Oman oncmfarmiM or defccrive goods by adate to be agreed upon by the Purchaser and the Seller, and the Seller debreaBcr iMicmes its inability or unwillingmss to comply, the Purchaser may moss, the work to be poldryounal by be most expeditious means available to it, and the Seller small pay all casts assniated with such work. The Seller shall release the Purchaser and its comments of any tier from all liability and claims of my =lure resulting from the panne ance of such work. This release shall apply even in the event of fault of negligence of be pang released and shall extend to the directors, officers and employas.fsuch patty. The Sellers exams cal obligations, including wammry, shall not be deemed to be reduced, in any way, because such work is performed or nmed to Re pert ed by the Purchaser. 14. PATENTS. Whenm'er the Seller is required to we any desigr, device, material or process covered by letter, pm ad, trademark or copy^gmt the Seller shall indemnify and save hmnles the Purchaser from any and all claims for infringement by reewn of be use of such patented design, device, mamntd or process in connection with the conman, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or aRer the completion of the work. In case said equipment, or my pan disbar or the intended we of the gaud, is in such suit held to constitute infringement and be use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purelaw r be right to continue min, said equipment or parrs, replace the same with subatmamily equal bad raninfnneing equipment, or modify it so it becomes twninfnnging. 15. INSOLVENCY. If the Seller shall become insolvent or bard:mpt make an assignment for be benefit of creditors, appoint e receiver or trustee for any of the Sellers property or business, this oNer may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitio= of terms used or the interpretation of the agreement and be rights of all parries hereunder shall be eomuued under and governed by the laws ofthe State ofColormo, USA. The following Additional Carditiom apply only, in caul when the Seller is to perform work hneuuvder, including me servicesof Sellers R,devenmive(s), on die premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall cony m said work at Sellers own risk until the same is fully completed and accepted, and shall, in u of any accident, destruction or injury a the work author materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When nationals and equipment are famished by others for installation or section by the Seller, be Seller shall receive, unload, care and handle same at dam site and become responsible therefor as though such =aerials anNor aluipmrnt ware being famished by by, Sella under the oNer. 18, INSURANCE. The Seller shall, at his own expense, provide for abe payment of workers compendiums, including occupational disease benefits, to its employers employed on or in correction with be work a local by this purchase oNer, =Nor to their dependents in accordance with the laws of the slate in which the work is 1. be done. The Seller than also carry rompreM1nuive general liability including, bur rim limited m, contmmunl and automMile public liability insurance with bodily injury and death limits of at [cut $300,000 for my one person, 5500,000 for any woo accident and property damage limit per accident of $400.000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insumace. Before any of the Sellers or his contactors employers shall do any work upon the premises of others, the Seller shot) famish be Purchaser with a certificate that such compesation and insurance have ban provided. Such nrtifiratm shall specify the date what such compensation and assurance have been provided. Such catifteates shall specify the date when such compensation and insurance expire. The Seller agrees but such compersatim and insttrame shall be maintained until arm the entire work is completW aM acemed. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature wharf oever to persons or property caused by or resulting fmm toe execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold homeless the Purchaser and any r all of the Purchases miftars, agents and employees from and agaimt any and all cWnw, losses, damages, charges or expenses, whether direct or indirect, and whether to persons in p npaty to which the Parchmy may be put or subject by ncmon of any rat, ration, neglon, omission or default on the pay of me Seller, any of his contractors, a, any of ds Sol). or contractors .Beers, agars m employes, In cute my suit or other proceedings at W brought agaimt be Pu,chaur, or its officers, agents or employees in my lime on account or by reason of any rat action, n,[a., omission or &feel, of the Seller of any of his contractors or my of its or meir officers, agents or employers as aforesaid, the Seller hereby agrees to assume be defense thmpuf and a defend the same at the Sellers own expense, as pay my and ell costs, charges, attorneys fees aM outer expenses, my and all judgments that maybe incased by or Obtained against the Pathway ar my of its .r their Ntical, 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 Purchase, or said patties in or by 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 Sella and his arm. shall take ell safety precautions, famish and i=se]l all guard as., far tbe prevention of accidents, comply with all laws and regulations with regard a safety including, but without limin ton, the Ocenpotioal Safety and Hdth Act of 1970 real all rules and reguatinns issued pursumt memo. Revised 072014