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HomeMy WebLinkAbout537597 BUTLER SNOW - PURCHASE ORDER - 9150182Fort Collins Date: 01/12/2015 Vendor: 537597 BUTLER SNOW PO BOX 6010 RIDGELAND MS 39158-6010 PURCHASE ORDER PO Number Page 9150182 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: CITY MANAGER CITY OF FORT COLLINS 300 LAPORTE AVE CITY HALL WEST - 1 ST FLOOR FORT COLLINS CO 80521 Delivery Date: 01/12/2015 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Ordered Unit Price Extended Price Foothills Mall Redevelopment 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 8,609.50 .50 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 rder Terms and Conditions Page 2 of 2 I. COMMERCIALDETAIIS. Tax exemptions. By swore the Ciry of Fon Collins is exempt from ewe and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cenifcate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 1[4 (a). Goods Rejected. GOODS RFJECTED due to failure to meet specifications, either when shipped or due to defects of damage In transit, may be returned to you for credit and are not to be replaced except upon receipt of written instructions from the Ciry of Fort Collins. Inspection. MODS an, subject o the City of Fan Collins inspection on arrive. Find Acceptance. Receipt of the machandise, services or co ipment in responses to this order can result in amMnad payment on the pan of the City of Few Collins. However, it is to M undersexed that FINAL ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. Freight Terms. Shipments mat be F.O B.. City of Fan Collins, 700 Wood St, Fan Collins, CO 90522. unless otherwise specified on this order. If permission is given to prepav freight and charge separately, life engine] freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have dirviboting points in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted form Invoice when shipments are made from greater distance. Pemtits. Seller shill pmcwe at Sellers sole cost all necessary permits, cenif<ates and licenses required by all applicable laws, regulation, ordir sses and wes of the state, municipality, lerrimry or po wee subdivision where the work is perfoamed_ or required by any other duly confirmed public Sodomy having jurisdiction over life work of vendor. Seller further agrees to hold life City of Fon Collins Mrmless form and against all liability and loss incurred by them by reason of an named or established violation of any such laws, regulations, ordinances, new and requirements. Authoreamon. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authonry to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits mcepamce 1. the terms and conditions seated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different teats and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you center make complete shipment to arrive on your promised delivery date as noted. Time is of the angrof Delivery and perfomance ant M effectd within life time stated on life purchase order and life documents cached hereto. No ects of fire Purchasers including, forhaul limitation, acceptance of partial lam deliveries, slid] opera, a a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing dais order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a resuh of delays due to causes not easonably foreseeable which are beyond its reasonable control and widow its fault of negligence, such acts rf Gad, acts of civil w military wdhonties, it venmental priorities, Gres, stnlees, Flood epidemics, wormer cols provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof In the event of any such delay, the time of delivery shall be extended for life period equal to the time actually lost by reason of life delay. 3. WARRANT'. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, speeifcation, samples miles other dagnpdoau gives, will he fit for life purposes intended, and Performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold late purchaser harmless from any on, damage or expense which tic Purchaser may suffer or wour on account of the Sellers breach of warranty. The Seller shdl replace, repair or make good, without cost to the purchaser, my defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the tomes of my applicable warrants provided by fire Seller after file date of acceptance of the goods famished hereunder (acceptance not be unrousonably delayed), resulting from imperfect or dcbralle work done or materials fumished by the Seller. Acceptance or use of goods by the Purchaser shill net constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder fide extend to all damages proximately caused by the breach of my of the foregoing watercress or guarmrees, but such liability Ad[ in no now include loss of profits or loss of use. NO IMPLIED WARBLi OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. For Purchaser may make charges to legal terms by women change order 5. CHANGES IN COS. RCIAL TERMS. The Purchaser may make any changes to the terms, other Man legal terms, including additions or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written charge order. If my such change affects the amount due or the time of pximarromce hereunder, an equitable adjustment shel be made. 6. TERMINATIONS. The Purchaser may an any time by scram change order, terminate this agreement as to any or all portions of life goods then not shipped, subject to my equitable armament between fire plies as to my work or materials doer in progress provided that the Forcing shall not be liable for my claims for mtiripaal prefirs on the uncomplaed portion of the gaols and/or work, for incidental or consequence damages, and that no such adjustment be made in favor of the Seller with respect to my goods which are the Sellers standard stack. No such termination shdl relioe life Purchaser or the Seller of me of their obligations as, to any goods delivered hereunder. t. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must bo asserted within thirty (30) days from the dam the change or nomination is ordered. 8. COMPLIANCE WITH LAW, The Seller warrants that all goods sold hereunder shall have been protected, sold, delivered and burnished in strict compliance with all applicable Iaws and regulations to which the goods are sable,,. The Seller She execme and deliver such documents as may bo required to effect of evidence compliance. All laws and regulations required to he ncerporated in agreements of this character are hereby incorpowed herein by this reformer. The Seller agrees to indemnify and Mid the Purrhaeer harmless from all costs and damage suffered by the purchaser as a result of the Sellers failure 1. comply with such law. 9, ASSIGNMENT. Neither parry shall assign, transfer, or Survey this order, or my monies due or to bocome due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller warrants full, clear and mrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all hens, restrictions, reservations, security interest encumbrances and claims of others. 11. NONWAIVER. Failure of the Pwchaer to insist upon wool perfbnwme of the terms and emotions bons herwL failure or delay to exercise any rights or remedies provided herein or by law, fail we to pmmpdy now fy the Seller in the event of a breach the acceptance offer payment for goods hereunder or approval ofthe design, well not release the Seller of any of the nes or obligations of this purchase order and slide not be deemed a waiver of any right of the purchaser w insist upon senor performance hereof or any of Its nghts or remedies as to any such goods, regardless of when shipped, received or accepted, as to my prior or subsequent default hereunder, nor And arty purported owl mndificaoon or rescission of this purchase order by the Purchaser operate a a waver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser rewgniae that in awed ecorwmio pmcuu, irecrear,in resulting from anating violations are in fact home by the purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby aligns to the Purchases any and all claim it may now have or hereafter acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser Forward to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs fire Seiler fo correct nonconforming or defective goods by a time to be agreed upon by the Purchaser and the Set let, and the Seller thereafter indicates its inability car unwillimmoss to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller fide pay all costs awciand with such work. The Seller thdl release the Patching and its contractors of any tier from all liability and claims of any nature resulting from fire performance of such work. This release shall apply even in life event of fault of negligence of de parry released and Ad] extend or the directors, officers and employees of such patty. The Seller's contractual obligations, including registry, shall not be deemed to be reduced, in any way, because such work is performed or caused m M performed by the Purchaser. 14. PATENTS. WI-newr the Seller is required to use any design, device, material or process covered by letter, patent, trademark r copyright, the Seller Ad[ indemnify and save harmless the Purchaser from any and all claims for infringement by reason of fife use of such Potmtd design, device, matenal or process in cotmection with the contract, and she[ indertuuy the Purchaer for any cost, expense or damage which it may bo obliged to pay by reason of such infringement at any time during the prosecution or after the compledm ideas work. In cue sued equipment, or any pan there f or the intended ass of the goods, is in such suit held to weariful infringement and the we of said equipment or pan is enjoined, the Seller Ad[, in its own expense and A its option, either procure for life Purchaser the fight to continue using said equipment or pans, replace fire same with wearisomely equal but noninfnnging equipment, or modify it so it becomes noninfnnging. IS.INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a raceiver or trustee for any of the Sellers property or business, this order may forthwith bo canceled by the Purchaser without liability. 16. COWRNING LAN'. The definitions of temps used or life interpretation of the agreement and the rights of all panes hereunder shall he construed under and governed by life laws offhe State of Colorado, USA. The fallowing Additional Conditions apply only in rears where on Seller is or pedbrm work hereunder, including the services of Sellers Represer wivgs), on the premises ofod en 10. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in e of my accident, destruction or injury to the work order materials before Seller's find completion and acceptmce, cempl ern the work at Seller's own expense and to the satisfaction of the Purchaser When marends and equipment are Famished by others for instal anon or section by the Seller, the Seller shill receive, unload store and handle same at the site and become responsible therefor as though such materials Snider equipment were being fumished by the Seiler ands the order. IS. INSURANCE. The Seller shill, an his own expense, provide for the payment of workers conflagration, including recuperated disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in arcordmce with the Iowa of life state in which the work is to be done. The Sells shall dw carry comprehensive genre liability indmi ng, but not limited to, commetud and antnmome public liability insurance with bodily injury and death limits of at least E300,000 for my one person, Sip0,000 for my one accident and property damage limit per accident of 5400,000. The Seller shill likewise require his contractors if my, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do my work upon fire premises of others, the Seller shall fanner the Purchaser with a cenif cave duct such compensation and insurance have been provided. Such certificates she] specify file date when such compensation and insurance have been provided. Such certificates, shill speciy fire date when such exrttpensamon and insurance expire. The Seller agrees that such compesuatiew and insurance Ad] be maintained until after the more work is compleed and --part 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for my and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order of in wmtection herewith. The Seller will indemnify and hold homeless the Purchaser and my or all of the Purchasers officers, agents and employees from and against my and all claims, loses, damages, charges or expenses, whether direct or indirect, and whether to persons or preperry to which the Purchaser may be put or subject by reason of my act action, neglect omission or def lit on life pm of the Seller, my of his contractors, or my of the Sellers or ontractors officers, agents or employees. In one my suit or other poceedings shall be brought against the Purchaser, or its officers, agents or employees at my time on account or by reason of my act, action, neglect, omission or default of the Seller of my of his contractors or my of its or their officers, agents or employees as aforesaid, She Seller hereby agree to assume life defense dwred and to defend the same a1 She Sellers own expense, to pay my and all wars, charges, moneys fees and oJner expeaus, any and all judgments And may be, incurred by of obtained against the Purchaser or my of its or their appears, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against life popery of the Purchaser, or said parties in or a a tiger of such suits or other proceedings, the Seller will at once cause the sine to M dissolved and discharged by giving bond or otherwise. The Seller and his is ntracmrs shill take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitaioo, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursumt therein. Revised 07/2014