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HomeMy WebLinkAbout479610 WINFIELD SOLUTIONS - PURCHASE ORDER - 9112542City of ,/V" _rt Collins PURCHASE ORDER PO Number Page 9112542 1of2 This number must appear on all invoices, packing slips and labels. Date: 05/04/2011 Vendor: 479610 Ship To: SOUTHRIDGE GOLF COURSE WINFIELD SOLUTIONS CITY OF FORT COLLINS PO BOX 64281 5750 S LEMAY AVE ST PAUL Minnesota 55164-0281 FORT COLLINS Colorado 80525 Delivery Date: 05/03/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price Chemical Supplies for 1 LOT LS 5,051.54 SouthRidge Golf Course Chemical supplies for SouthRidge Golf Course per invoice 00056208147 dated 4/27/11. U City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, 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 $5,051.54 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchasc Ordcr Tcrms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 99-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue. Denver. Colorado (Ref, Colorado Revised Sumtes 1973. Chapter 39-26. 114 hd) exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Scllcr of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the wavamies or obligations of this purchase order and shall not be deemed a waiver crony right of the damage in hausit, may be returned to you for credit and am not to be replaced except upon receipt of s itten purchaser to insist upon strict performance hcreofor any of its rights or remedies as to any such goods, regardless instmcrions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default h ncandet, not shall any Purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms 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 part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purehascr recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE, is dependent upon completion ofall applicable required inspection procedures. violations arc in fact home by the Purchaser. Theretofore, for good 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 must be F.O.B., City of Fort Collins. 700 Wood St., Fort Collins, CO 90522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay (might and charge scio ntely, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. hill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing paints in various parts or the country, shipment is tribe Purchaser directs the Seller to correct nonconforming or defective goods by a date to he agreed upon by the expected room the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purehascr and the Seller. and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments an ran& room greater distance, may cause the work to he perforated by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seiler shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable Taus, regulations, ordinances and rules of the state. municipality, territory 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 ro hold the City of Fort Collins harmless from and against all liability aad Inns incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances. rules and requircmcnu. Authorization. All panics to this contract agree that the representatives am, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein scr forth and any supplementary or additional terms and conditions annexed herein or incorporated herein by reference. Any additional or dificrent germs and conditions proposed by seller arc objected to and hereby rejected. 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 an the purchase order and the documents attached hacto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver Mthis provision. In the event fany delay. the Purchaser shall have, in addition to other legal and equitable remedies. the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays doe to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence. such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, ours 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 any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the 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 parformN 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 of the Sellers breach of warranty. The Seller shall replace, repair or make gad, without cost to the purchaser, any defects or faults arising within one (1) your or within such longer period of time as may be prescribed by law or by the terms crony applicable warranty provided by The Seller after the date of acceptance of the good famished httcunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by The Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase under, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of The foregoing wan cities 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 terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms. other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of perfomnnec hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the good then not shipped, subject to any equitable adjustment between the panics 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 of the good and/or work, for mindennl or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Scllcrs standard stock. No such termination shall relieve the Purchaser or the Seiler of any of their obligations as to any good del iecred hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall 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 the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 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. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in Performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest cncumbnnccs aad claims ofothcrs. The Seller shall release the Purchaser and it, contractors of any tier room all liability and claims of any nature resulting from the Performance ofsnch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees ofsuch 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 he perforated by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by lever, patent, trademmk or copyright, the Seller shall indemnify and save harmless the Purchaser from any and nil claims for infringement by reason of the 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 ofsnch infringement at any time during the Prosemnion or after the completion of the work. In ease 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 pan 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 same with substantially equal but nonin ringing equipment. or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seiler shall become insolvent or bankrupt, make an assignment for the benefit of credimrs, appoint a receiver or trustee for any of the Sellers property or businessthis order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions fterms, used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be consumed under and governed by the Imes ofthe State of Colomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Scllcrs Rcpmscnntivc(s), on the Premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seiler shall carry oa said work at Scllcrs own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Scllcrs final completion and acceptance, complete the work at Seller's non expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by others for installation or erection by the Seller. the Seller shall receive. unload. store and handle same at the site and become responsible therefor as though such mauniak and/or equipment were being furnished by the Seller under the order. 19. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occoputional disease benefits, to its employees employed on or in connection with the work covered by this purchnsc 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 liability including, but not limited to, contractual and automobile public I lability insurance with bodily injury and death limits of at least S300.000 for any one person. $500.000 for any one accident and property damage limit per accident of S400.000. The Seiler shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any ofthe Sellers or his contractors employees shall do any work ninon the premises ofothcrs. the Seller shall famish the Purchaser .with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and inxonnee have been presided. Such certificates shall specify 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 ofany kind or nature whatsocvcr to persons or property caused by or resulting form the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees Form and against any and all claims, losses, damages. charges or expenses whether direct no indirect. and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect. omission or default on the pan of the Scllcr, any of his contractors, or any of the Sellers or eontraetors'afTeers, agents or employees. In cam any suit or other pmcccdings shall be brought against the Purehascr, or its officers, agents or employees at any Time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any 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 own expense, to pay any and all costs, charge, anmracys fees and other expenses, any and all judgments that may be incurred by or 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 he placed upon or obtained against the Property of the Purchaser. or said panics 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 nil safety precautions. furnish and install all guard necessary for the prevention of accidents, comply with all Imes and regulations with regard to safety including, but without limitation, the Occupational Sufcty and Health Act of 1970 and all mles and regulations issued pursuant theme. Revised 0312010