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HomeMy WebLinkAbout128247 PIONEER SAND CO - PURCHASE ORDER - 3215111 (2)Fort Collins Date: 01/09/2015 Vendor: 128247 PIONEER SAND CO 6705 S COLLEGE AVE FORT COLLINS CO 80525-5825 PURCHASE ORDER PO Number Page 3215111 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: 01/09/2015 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 2015 BLANKET ORDER FOR RipRap/Landscaping Rock 1 LOT LS THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. P,4 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@fogov.com 100,000.00 Total Pay terms net 30 days i Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fon Collins is exempt From state and local tars. Our Exemption Number is 11. NONWAIVER. 9g4N502. Federal Excise Tax Exemption Cmifteme of Registry B4fi00058/ is registered with Ore Collector Of Failure of the Istinchaser to insist upon strict performance of the tams and conditions hereof, failure or delay On Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided human or by law, failure to promptly unify the Seller in the event of a breach, the zccan. of or payment for goods hereunder or approval of the deign, shell not.1. Mc Seller of Goods Rejected. GOODS REJECTED due to failure to meet movifeatims, either when shipped or due or defects of my of the wammtin or obligations of this purchase order and shall no be domed a waiver of my tight of the damage in Immit, may be resumed to you for credit and an not to be replaced except upon receipt of women purchsser to insist upon strict performance hereof or any of its rights or lmedies as to any such goad, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to my prior or subsequent default hereunder, Our shall my purported oral modification or rescission of this purchase order by the Purchaser climate as a waiver of any of the comes Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Pon Collins. However, it is to be understood that FINAL Sella and the Purchaser recognize that in actual ec naIc practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations we in fact berme by the Purchaser. nommfore, for good sacra and as consideation for executing this purchase order, the Sella hereby assigns to the Purchaser my and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 900 Wood St, Fort Collins, CO 80522, unless acquired under federal or stale antionst laws for such overcharges returning to the particular good or services otherwise specified on this order, lfpemr rim. u given to prepay freight and charge separately, Ne origiul freight purchased or mquirN by the Purchase, pursuant It this purchase mdm. bill most accomoanv invoice. Additional causes for pxkina will not be warded. Shipment Distinct, Where manufacturers have dut doting points in carious parts of Ne worry, shipment is expected from the moral disoibution point to distinction, and excess Freight will be deducted fmm Invoice when shipments are made from Room, do.. Pe rnita. Seller shall Procure at sellers to cost all necessary permits, cast,.. and it.. required by all applicable laws, regulations, ordinances and roles of the stale, municipality, territory or political subdivision when the work is performed, or required by any other duly constituted public authority havingjurisdiction over the work of vmdur. Sella fun or agrees to hold the City of Frat Collins harmless from and against all liability and loss incurred by them by arawn of an asserted or established violation of any such laws, regulations, ordinances, rates and requirements. Authorization. All panics to this contract agree that the representatives arc, in fact, bona fide and possess full and ..,let, authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terror and conditions sated herein set both and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different to. and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if yin mount make complete shipment to artive on year promised delivery date is sited Time it of the essence. Delivery and per( must be effected onion Ne lime staked on 0ao purchase over crud the documents attached hereto. No xis of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this pmv[sion. In the event of any delay, the Purchase, shall have, in addition to Other leg] and equitable remedies, the option Of placing Nis ode, elsewhere and holding the Seller liable for damage. However, the Seller shall not be liable for damages in a result of delays due to causes not mwmbly fame able which arc beyond its reasonable control and without its fault ofnegligence, such was ofGcd, is of civil Or military authorities, meamnenal ommu s, Gres, sufaes, food, @iderries, was or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Salle, fro received knowledge thereof. In the event Of any such delay, the date of delivery shall be extended Fordo, period equal to the time actually lost by ..a of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will tout with applicable drawings, specifwlions, samples anNo, other descriptions given, will c fit for the purposes interded, and pert ed with the bight. degree of cute and competence in sec rshoue with accepted atxdards for work of a similar white. The Seller agrees ro hold the potehaser harmless from any loss, damage or expense which the Purchaser may sof, or immtr on xmunt of the Sellers breach of womanly. The Sella shall replace, repair or make good, without and to the porchaser, any daces or faults miming within ore (I) year or within such longer period of time ns may be prescribed by law or by the terms of my applicable warranty provided by the Sella afte, the date of race mane of the goods fimdshed hereunder (.cup. rat to u ..My delayed), muIrin, from imperfect or defective work done or mated]s fwnuhed by the Sella. Acer, once or use of goods by the Purchaser shall rot cumulate a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hermnder shall extend to all damages proximately caused by the breach of my Of the forgoing warranties 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 terms by wrimm change order. 5. CHANGES IN COMMERCIAL TERMS. The purchaser may make any changes to the terms, ether than legal terms, including additions to or deletions from the marmaims originally ordered in the anotifications or drawings, by verbal Or —a- change order. If any such change ]fens the amount due or the time of penficamence hereunder, on equitable adjustment shall he made. 6. TERMINATIONS. The Purchase, may at any time by or. change over, roommate this agreement ns to any or all portions of the good then not shipped. subject to any equitable adjustment Women the porous is to my work or materials then in progress; psavidN that the Purchaser shall tit be liable for my claims for anticipated profits on the uncompleted ,onion of the good and/or work, for incidental or exmosmntial damages, and that an such adjustment c made in favor of Ne Seller with taped as any good which art the Sellers stardad stock. No such tomtination shall relieve the Parovenm or the Seller Ofmy oftbeir obligations ran. my goods delivered hereander. '/. CW IMS FOR ADJUSTMENT. Any claim for adjustment muss be assened within thirty (30) days from the date the change or monomania is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, dehened and famished in stria compliance with all applicable laws and regulations to which the good are subject The Seller shall execute and deliver such documents as nay be rryu ial to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incantational herein by this reference. The Seller agrees f indemnify and hold the Purchaser hamlass from all cost and damages suffered by the Purchaser as a resul, of the Sellers failure to comply with such Low. 9. ASSIGNMENT. Harbor Party shall assign, transfer, or convey this over, or my monies due or to become due hereunder without No prier wrinen co., of the otherpmry. 10. TITLE. The Seller warrants fall, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement five and clear of any and all Itens, restrictions, reservations, security interest encumbrances and claims ofothem. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Iftbe Forchaer directs the Seller to correct nonconforming or defeoiv<goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller therufter indicates its nubility or unwillingness to comply, the pmcbmm may sans, the work has be performed by the most expeditious means available to it, and the Seller shall pay all wsrs associated with such work. The Seller shall release the Purchaser and its contrmars of my tier from all liability and claims of any nature resulting fro the performance of such work. This release shall apply man in the event of fault of negligence of the party released and shall extend m the directors. Oficers and employees fsuch any. The Sellers contractual obligations, including waranry, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Sella is required to use my design, device, material or process covered by letter, patent andemmk or copyright, the Sella shall indemnify and save harmless the Purchaser firm my and all claims for infringement by amwn of the tie of such Isolated design, devia, material or process in connection with the contract, and shall indemnify the Paramour for any cost, expense or damage which it may be obliged m pay by reason fsuch infringement at any time during the p...Iran or after the coandiumo Of the work. In case said ry]pmen,, or any pan thermf or the intended we of the goods, is in such suit held n constitute Infringement and the use of said equipment or pan is enjoined, the Sella shall, at its own expense and at its option, either procure for the purchase, the right to continue using said equipment or pans, replace the same with ifinumtially equl but matchmaking equipment, or must it an it becomes noninGnging. IS. INSOLVENCY. If the Sella shall became imolvent or bankrupt, make or assignment for the benefit of creditors, appoint a receiver or trustee for any Of the Sellers property or business, this .,de, may forthwith be canceled by the Purchases without liability. 16. GOVERNING LAW. The definitions of rams used or the intupmmion ofthe agreement and the rights of all panics hereunder shall be construed under and governed by the lawn of the State ofColoado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services OfS]lers Repu senutive(s), o, the promises ofothers. U. SELLERS RESPONSIBILITY. The Sella shall any on said work at Sellers own risk mind the same u fully completed and accepted, and shall, in case of my accident destruction or injury to the work and/or materials before Seller's f I completion and maxotmce, complete the work at Sellers own expense and to the satisfaction of the pumhmer. When materials and equipment ore famished by others for installation or auction by the Sella, the Seller shall receive, unload, store and handle same at the site and become responsible therefor m though such materials and/or equipment were being famished by the Sella under the other. 18. INSURANCE. The Seller shall, a, his 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 sate in which the work is as be done. The Seller shall also may comprehensive general limit try including, but not limited to, contra and and automobile public liability imumnce with bodily injury and death limits of an leas' S3.,. far any one pens, Sl iword for vry one accident and property damage limit per accident of S400,000. The Sella shall likewise require his comactm, if any, to provide for such armpnmtion and insurance. Berm any afore Shcem or his contactors employees shall do any work upon the premtsa Of Others, the Seller shall brandish the ptuchasr with a ceni sate that such compensm or and insurance have been provided. Such c<vfates shot specify the dare when soh compensation and insurance have been provided. Such certificates shall specify the date whin such cropnuation wall insurance expires. The Seller agrees that such mmpowarion and fumme shot be'winained mail after the entire work is completed and occupied. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller bereby assumes the move ,.,.thin, and liability for any and all damage• lass or injury of any kind r nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in ,Iris purclarre order or in connection herewith The Seller will indemnify end hold harmless tho Purchaser and any r all of the Purchasers officers, agents and employees From and .gains, any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subje t by reamn Of any act, action, neglect, Omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or characters of firm, agents or employtts. In am any suit or other proceedings shall be bought against fe Printout or its officers, agents or employe a at my time on account or by reawn of my oc4 action, neglect, omission or default of the Sella of my of his contractors or any of in or their officers, egad or employees as aforesaid the Seller hereby .grey an assume the defense thereof and to defend the same m the Sellers own expense, to pay any and ]I Own, charges, attorneys far and other expmscs, my and all judgments that may be incurred by or obtained against the Purchaser or my of its or their oRcess, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofNe Purchmm, or said parties f or m. result of such suits or other Proceedings, the Seller will at once came the same to be dissolved and discharged by giving bond or otherwise. The Sella mall his contractors shall take all safety pmauticres, furnish and install all gurus necessary for the promotion of accidents, comply with all laws and regulations with mgard to safety including, but wiNom limitation, the Occupational Safety and Health Act of 1970 and all sales and regulations issued pursuant N<mo. Revised 07n014