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HomeMy WebLinkAbout241623 AGGREGATE INDUSTRIES - PURCHASE ORDER - 3215164Fort Collins Date: 01/12/2015 Vendor: 241623 PURCHASE ORDER AGGREGATE INDUSTRIES ATTN: ACCOUNTS RECEIVABLE 1687 COLE BLVD SUITE 300 GOLDEN CO 80401 PO Number Page 3215164 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: 01/12/2015 Buyer: PAT JOHNSON Note: 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. Line Description Quantity UOM Unit Price Extended Ordered Price 1 2015 Blanket order - Utilities Sand, gravel, rock 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 Total $6,000.00 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 I. COMMERCIALDEfAI1S. Tax exemptions. By statute the City effect Collins is exempt from mute and local taxes. Our Exemption Number is 11. NONW AIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 94-6000537 is registered with the Collector Of Fortin of the purchaser to insist upon strict minim ante of the terms and conditions hermf, falme or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chnnor 39-26, 114 (a). exercise any rights or remedies pre vded herein or by law, farl use to promptly notify the Seller in the event of a breach the acceptance of or payment for goods hereunder or approval of rise design, shall not release the Seller of Goods Rejected. GOODS REJECTED due m failure to men specif ewimes. either when shipped or due to defects of any of the warranties or obligations of this purchase order and shill not her deemed a waver of any night of the damage In modest may be returned to you for credit and are per to be replaced except upon receipt of wsinen purchaser in insist upon smnperformance hermfor any ofirs nigh¢or remedies ass any such good, regardless instructions from the City of Fort Collins. of when shipped, received or accepter as to any prior or subsryunn default hereunder, nor shall any putponed oral modificarion or rescission of this purchase order by the Purchaser operate as a waiver of my of dire terms Inspection. GOODS are subject to the City of Pon 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 part of the City of Fort Collins. However, it is in her understood that FINAL Seller and the Purchaser recognize that in actual economic process, Overcharges remelting Even mtimixt ACCEPTANCE is depmdmt upon completion of all applicable required inspection procedures. violations are in fact dome by the Purchaser. Theretofo,nforr goad cause and as consideration for executing This purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments mutt ob F O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless required under federal or state andtnut laws for such overcharges relining m the particular good or services otherwise specified on this order. If permission is given to peepay freight and charge separately, the original fmght purchased or acquired by the Purchaser pursuant to this purchase order_ bill must accompany invoice. Additional charges for packing will not be wormed. U. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing guines in various parts of the country, shipment is if me Purchaser or rects the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nears distribution point to destination, and excess freight will be discussed from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, she Purchaser shipments are made from greater distance, may cause the work m be pnfic meal by the mast expeditious means walremo to it and the Seller shall pay all posts associated with such work. Permits. Seller shall procure at sellers sale cost all necessary permits, ceni(cates and licenses required by all applicable laws, regulations. ordinances and rules of the scam, municipality, territory or political subdivision where The Seller shall release the Purchaser and its contractors of my tier from all liability and clams of my nature she work is performed. or required by my other duly constituted public auNoriry having j unsdiction over the work resulting from the perfomance of such work. of vxculd, Seller further agrees to hold due City of For Collins brmless from and against ill liability and loss incurred se by them by reason of an asrted an or established violation of y such laws, regulations, ordinances, rules This release shell apply even in the event of fault of negligence of the parry released and shall extend to rise and requirements. directors, officers and employees Touch parry. Auchodrsomin All parries to this contract agree net the representatives are, in fact, bona fide and possess full and complete immunity to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits azaptares to the terms and conditions scared herein so foM and my supplemenmry or additions tens and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cappot make complete shipmate to arrive m your promised deliver' date as, noted. Time is of the essence. Delivery and performance most bar effected within the time stated on the purchase order and the documents artached hereto. No acts of the Purchasers including, without limitation, acceptmce effectual late deliveries, shall operate as a waiver of this provision. In the event study delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shill not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such erns of God, acts of civil or military adfix iues, governmental priorities, fire, strikes, flood, epidemics, wars 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 Seller first received knowledge thereof In the event of my such delay, the date of delivery shall be extended for the period equal in the time actually last by reason of the delay. 3. WARRANTY, The Seller contents that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions give, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a similar nature. The Seller agrees m hold the purchaser harmless fmm my loss, damage or expense which the Purchaser may suffer or Locus on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, my defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the tents of any applicable warrmry provided by the Seller after the dare of acceptmce of the good fmrtkbed hereunder (acceptance not to be unreasonably delayed), resulting from Imperfect or defective work done or materials furnished by the Seller. Acceptance or use of gaud by the Purchaser shall not trimmed a waver of my clam under this wananry. Except as otherwise prodded in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing waran6es 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 changes to legs terms by writen change order. 5. CHANGES IN COMMERCIAL TERMS. The Processor may make any changes to the terms, other than legal terms, including additions to or deleo nil form the qumuves cogently ordered in the specifications or choosing, by verbal or waittm change order. If my such change affects the moment due or she time of performance hem=der, an equitable adjustment shill be made. 6. TERMINATIONS. The Purchaser may at my time by writs change order, terminate this agreement as to any or all potions of the goads then net shipped, subject la my equitable adjustment W. the panic . to my work or materials then in progress provided them the Purchaser shall not be liable for my claims for anticipated profirs on the =completed 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 stock. No such termination shall relieve the Purchaser or the Seller of my of their obligations as to my goods delivered hereunder. ]. CLAIMS FOR ADIUSTisfir. Any clam for adjustment must be msmed within tMrty (30) days from the date me change or termination is ordered 8. COMPLIANCE WITH LAW. The Seller woman¢ rho all goods sold hereunder shall have bem produced sold, delivered and furnished in most compliande with all applicable laws and regulations to which the good are subjoot. The Seller shill execute and deliver such documents as may be required to effect 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 Jr. Purchaser harmless from all dons and damages suRered by due Purchaser as a occur of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall resign, trmsfer, or convey this order, or my monies due or in become due hereunder whom the prior writs coneem of the other pang. U) TIRE. The Seller warrants full, clear and unrestricted tide m the Purchaser for all equipment materials, and items fumished in performance of this agreement, free card clear of any and all liens, restrictions, reservations, security interest encumbrances and clams ofother, The Seller's camrzcrual obligations, including warranty, 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 rise Seller is required to use my design, device, material or process covered by letter, patent, trademark or copyright, the Seller shill indemnify and save harmless the Purchaser from my and all clams for infringement by reason of the use of such parented design, device, mammal or process in comltion with the contract, and shall indemnify the Purchaser for my cost, expense or damage which it may be obliged in pay by reason of such infringement at my time during the prosecution or after the completion of the work. In case said equipment, or any pan thermf or the intended use of the good, is in such suit held to constitute inGngement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using sad equipment or parts, replace the same with substantially equal but reeninGnging equipment or modify it as it becomes raminfdnging. 15. INSOLVENCY. If the Seller shall become insolvent or bmkmpt make on assignment for the benefit of creditors, appoint a receiver or trustee for my of the Sellers property or business, this order may foMes with be reded by the purchaser without liability. 16. GOVERNING LAW. The definitions orients used or the interpretation of the agreement and the rights ofall patties hereunder shall be constmed under and governed by the laws of the Sure of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to Perform work heteandeq including the services tef Sellers Repremigirecfs), on the premises of others. 17, SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in u of my accident, destruction or injury m due work and/or materials before Sellers foil completion and acceptance, complete the work ar Seller's awn expense and to the satisfaction of rise Purchaser. When contends and equipment are furnished by others for installation or erection by the Seller, the Seller shill receive, unload, store and handle same err me site and become responsible therefor to though such materials mdlor equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shill, at 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, amber r0 their dependents in accordance with the laws of the stare in which the work is to be done. The Seller shall also carry comprehensive pimento liability including, but not limited 0. comoanual and automobile pubbc liability commerce ouch bodily injury and death hour of ar lean 1100.000 for my one Anson, $500,000 for my one accident and proper damage limit Per sucident of S40g000. The Seller shall hkemse require his comractors, if my, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do my work upon the premises Of others, the Seller shall fumish the Purchaser with a eerofcare that such compensation and insurance have been provided. Such ream slues shall specify the date when such compensation and insurance have been provided. Such cenifiutn shall specify the time wfim such comp.sztim and insurance expires. The Seller agrees that such compensation and insurance shill be mantzinxt until afar the .tire twrk is pomplemd and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby mmmn the more responsibility and liability for my and all damage, loss or injury army kind or nature whatsoever to persons or property caused by or resulting from the execution of the work providM for in this purchase order or in connection herewith. The Seller will indemrfy and hold harmless the purchaser and any or all of the Purchasers Officers, aKenrs and employees from and agansl any and all claims, lasses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the purchaser may be put or subject by reason of my act action, neglect omission or default on the part of the Seller, my of his contractors, or my of the Sellers or contractors officers, agents or employees. In we my suit or other proceedings shall be brought against the Purchaser, or its Officers, arms; or employees a my time can account or by reason of my act anion, neglect, omission or default of the Seller of my of his contractors or my Of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers awn expense to pay my and all casts, charges, attorneys fees and other expenses, my and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers. ag.0 or employees in such suits or other proceedings, and in rase judgment or other Iran be placed upon or obtained against the property of the purchaser, or said patties in or as 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 Seller and his contractors shall take all safery proommons, fumish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limiutia, the Occupational Safety and Heilth Act of 1970 and all rules and regulations issued pursuant therein. Revised 07I2014