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HomeMy WebLinkAbout409820 ESTES INC - PURCHASE ORDER - 9957500City of Fort Collins Page Number: 1 Date: 12/16/2009 Purchase Order Number: 9957500 Delivery Date: 12/15/2009 Buyer: STEPHEN, JOHN Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence. Note: Line Qty/Units Description Extended Price 1 1 LOT 4,274.06 Invoice 315201 Fertilizer PER TERMS AND CONDITIONS OF MAPO BID 12 - 17-0-17 50% MU MIC Contec DG 40 lb 1 - Dimension .25G 150SGN DGPRO 50 lb 3 - Quicksilver 8 oz 8 - 20-0-10 CONTEC DG 75% MU/MN 40 lb 22 - Fluid Fungicide Half Gal Anderson 5 - Rhapsody 1 Gal 30 - 17-2-18 2% FE with Methylene Urea 2 1 LOT 1,896.00 Invoice 315203 Collindale Fertilizer 12 - Speedzone 2.5 Gal 3 1 LOT 2,648.00 Invoice 315202 Collindale Fertilizer 9 - Concert 2.5 Gal Agency Product Invoice Address: Date: 12/16/2009 City of F6rt Collins Page Number: 2 Purchase Order Number: 9957500 Delivery Date: 12/15/2009 Buyer: STEPHEN, JOHN Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence. Note: Line Qty/Units Description Extended Price 2 - Heritage 50WG 1 LB Agency 1 - Primo Maxx Gal agency Product City of Fort CoKinf Director of Purchasing and Risk Management This order is rtQthalid over $5000 unless signed by James B. O'Neill II, CPPO 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 Total $8,818.06 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Numbcr is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1073. Chapter 30.26. 114 (a). Goods Rejected GOODS REJECTED 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 City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arriva Final Acceptance. Receipt ofthe merchandise, services or equipment in response to this order can result in authorized payment on the pant of the City of Fort Collins. However. it is to be understood that FINAL ACCEPTANCE is dependent upon completion oral] applicable required inspection procedures. Freight Terns. Shipments nmst be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless otherwise specified on this order. Ifpernission is given to prepay freight and change separately, the original freight bill must acconmpany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where runmfacturers have distributing points in various pans ofthe country, shipment is expected fi oil the nearest distribution point to destination, and excess freight will be deducted I}our Invoice when shipments are trade from greater distance. Permits. Seller shall procure at sellers sole cost all necessary pennits, certificates and licenses required by all applicable laws, regulations, ordinances and rules ofthe state, municipality, ten itory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requircmnents. Authorization. All parties to this contract agree that the representatives ;ire. in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Orderexpressly limits acceptance to the tern and conditionsstatedherein set forth and any supplementary or additional terns and conditions annexed hereto or incorporated herein try reference. Any additional or different terns and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to eurive on your promised delivery date as noted. Time is ofthe 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 ofpartial late deliveries, shall operate as a waiver of this provision. In the event ofanydelay, the Purchaser shall have, in addition to other legal and equitable renedies, the option ot'placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result ot'delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault ornegligence, such acts of God, acts of civil or military authorities, governmental priorities, tires, strikes, flood, epidemics, wars or riots provided that notice ofthe conditions causing such delay is given to the I'urchaser within five (5) days ofthe time when the Sellerfirst received knowledge thereof. In the event ofanysuch delay, the date ol'delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3.WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and perfo fined with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of waranty. The Seller shall replace. repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period oftime as may be prescribed by law or by the tems of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting Goer imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of :Lily 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 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 legal terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terns, including additions to or deletions fioaa the quantities originally ordered in the specifications or drawings. by verbal or written change order. ]rally such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser tray at anytime by written change order, terminate this agreemment as 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 the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor ofthe Seller with respect to any goods which are the Sellers standard stock. No such tennination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment oust beassorted within thirty (30) days fi our the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold her shall have been produced, sold, dellvel'l'd and fill'nlshed in strict compliance with all applicable laws and regulations to which the goods are subject.'fhe Seller shnll execute and dcliver 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 incotporated Imerein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fi-om all costs and damages suffered by the Pnrchaselas a result ofthe Sellers failure to comply with such law. If and only to the extent this [Agreement] constitutes a "sole source government contract" within the nmeaning 01' Article XXV II I of the Colorado Constitution ("Article XXVIII"), then the provisions of Section 15 of Article XXVI II ale hereby incorporated into this [Agreement]. In such a case, if the [Contractor] or any other person who is "contract holder" as defined in Section 2(4.5) of Article XXV III intentionally violates Section 15 or Section 17(2) of Article XXV III, then the [Contractor] agrees it shall be ineligible to hold illy sole source government contract, or public employment with the state of Colorado or any of its political subdivisions, for three years. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order. or any monies due or to become due hereunder without the prior written consent of the other party. 10. TI rLE. The Seller ",art ants fill, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement. free and clear of any and all liens, restrictions, reservations. security interest encumbrances and claims of others. 11. NONWAIVER. Failure of the Purchaser to insist upon strict perfornvince of the terms and conditions hereof. failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify, the Seller in the event of a breach, the acceptance of m payntent for goods hereunder or approval ofthe design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver orally right ofthe purchaser to insist upon strict performance her or aqv of its rights or remedies as to any such goods, regardless of when shipped, received or accepted as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver orally ofthe terns hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual econonnic practice, overcharges resulting trom:mtitrust violations are in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchaseorder, the Seller hereby assigns to the Purchaser lily and all claims 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 pursuant to this purchase or(ler. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. IItile Purchaser directs the Seller it) con ect nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. - The Scller shall release the PrrClnaser and its contractors ofany tier front all liability and stains ofany nature resulting from the pertonnance of such work. This release shall apply even in the event of fault of negligence ofthe party released and shall extend to the directors, officers and employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced. in any way, because such work is performed or caused to be per by the Purchaser. 14_ PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save limitless the Purchaser from any and all claims for infiingetment by reason oft lie use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch infi ingenment at anytime during the prosecution or alter the completion ofthe work. In case said equipment, or any part thereof or the intended use of the goods. is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its_own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts. replace the some with substantially equal but non -infringing equipment, or modify it so it becomes non-Infl'Im'Ing, 15. INSOLVENCY. I f the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terns used or the interpretation ofthe agreement and the rights craft parties hereunder shall be construed under and governed by the laws ofthe State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall canyon said work at Sellers own risk until the same is fully commpleted and accepted, and shall, incase orally accident. destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Seller's own expensrmd to the satisfaction ofthe Purchaser. When materials and equipment am furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible thereftu as though such materials and/or equipment were being furnished by the Seller wider the order: 18. INSURANCE. The Seller shall,❑t his own expense, provide for the payment of workers conmpensation, includingoccupational disese 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 state in which the work is to be done. The Seller shall also carry comprehensive general liabilityincluding, but not limited to, contractual and automobile public liability insurancewith bodily injury and death limits of at (cast $300,000 for any one person, $500,000 for any one accident and property damage limit per accident of $400.000. The Sellershall likewise require his contractors, if:ny, to provide for such compensation ;d insurance Before any ofthe Sellers or his contractors employees shall do illy work upon the premises of others. the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specily the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 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 moue whatsoever m persons or property caused by or resulting hour the execution ofthe work provided for in this Purchase order or in connection herewith.'file Seller will indemnify and hold harmless the Purchaser' and anyor all of Elie Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses. whether direct or indirect. zinc] whether to persons or property to which the Purchaser nmay be put or subject by reason of any act. :action, neglect, omission or det'ault on the pan ofthe Seller, any ofhis contractors, or any ofthe Sellers or contractors ofiicel:s, agents or employees. In case ally suit or other proceedings shall be brought against the Purchases or its officers, agents or employees at any tine on account or by reason of any act, action, neglect, omission or default of the Seller orally of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assunne the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, aunneys fees and other expenses, any and all judgments that lrety be incurr ed by m obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien toe placed upon or obtained against the properly of the Purchaser, or said parties in oras a result ofsuch suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving hand or otherwise. The Seller and his contractors shall take all safety precautions. famish and install all guards 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 all rules and regulations issued pursuant thereto. Revised 044/1009