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HomeMy WebLinkAbout480663 SMITH FERTILIZER & GRAIN COMPANY INC - PURCHASE ORDER - 9140215 (2)PO PURCHASE ORDER 914021er Page C117/ of PURCHASE 40215 1 of z ' `tCollins( This number must appear v on all invoices, packing �slips and labels. Date: 03/04/2014 Vendor: 480663 Ship To: STREETS DEPARTMENT SMITH FERTILIZER & GRAIN COMPANY INC CITY OF FORT COLLINS 702 E JASPER 625 NINTH STREET PLEASANTVILLE IA 50225 FORT COLLINS CO 80524 Delivery Date: 01/08/2014 Buyer: JOHN STEPHEN 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 Ordered Extended Price z 2014 DE-ICING MATERIALS 1-LOT EA 20,000.00 Addendum to PO 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 Total 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 1. COMMERCIALDETAIIS. Tax exemptions. By Statute the City of Fort Collins is exempt tom Santa and twat taxes. Our Exemption Number is 98-0 502. Federal Excise Tax Exemption Canificam of Registry M-6000582 is ogimered with the Collector of Internal Revenue, Denver, Colorado (Be[ Colorado Revised Stuart. 1973, Chapter 39.26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to men specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and are not to W replaced except upon receipt of written instructions from the City of Pan Collins. Inspection GOODS are subject o the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or eeluiparent in toilsome o this order can.tilt in amhodmd payment on the pan of the City of Fort Collins_ News., it is 1B be understood dust FINAL ACCEPTANCE is dependent upon completion ofall applicable sluiced inspection poo dun. Freight Terms. Shipments most W EO.B., City of Fiat Collins, 700 Wood Sc, Fan Collins, CO 80522, unless otherwise specified on this order Upernission is given to prepay freight and charge Sapxmlcly, the original freight bill most accompany invoice. Additional charges for packing will not W accepted. Shipment Distance. Where manufacturers have disMbuthtg points in various pans of the country, shipment is expected from the nmrest distribution point to detinatim, and eas freight will be deducted from Invoice when shipments arc made from greater coroner. 11. NONWAIVER. Failure of the Purchaser to insist upon shod performance of the acmes and condition, hereof, failure or delay o exercise any rights or remedies provided herein or by law, failure to promptly notify We Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not releast the Seller of any of the warranties or obligations of this purchase order and shall not W deemed a waiver of any right of the purchaser to insist upon strict performance hermfor any of its rights or rmnedes as to my such goods, regardless of when shipped, received or accepted, as to any prim or subsequent default hereunder, nor shall any purported oral modi (cation or rescission of this purchase order by rue Purchaser operate as a waiver of any of We cemss hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize dust in actual economic p.,,a,,. overcharges resulting from antitrust violations me in fact home by the purchaser. Themorf , for good cause and as conaidemaion f executing this purchase order, the Seller hereby assigns do the Purchaser any and all claims it may now have of hereale, squired under fedend or stare amlimand lases for such overcharges calming an the Particular good or smite, purchased or acquired by the Purchaser pursuanl to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goad by a date to W agrtad upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may curse the work to be performed by the most expeditious means available to it and the Seller shall pay all cams associated with such work. Permits. Seller shall pow. 51 sellers sole cost all mortuary permits, certificates and licenses required by all applicable laws, regulate-, ordinances and roles 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 fuller agrees as 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, odditaners, roles unit acquirements. Authodaalim. All ama; to this contact agree that the representatives are, in fact, bona fide and possess full and complete aumonty to bind said Trades. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms cad conditions stated herein sec forth and any supplementary or additional terns 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 PURCHASRJG AGENT immediately ifyou mount make complete shipment to arrive on your promised) delivery date as noted. Time is of alto essence. Delivery end performance must W effected within the time aimed on the Purchase order and the documents attached barrow No acts of the Purchasers including, without limiatioo, acceptance ofparial late delierri., shall manse as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal end equiable remedies, the option ofplach, this order elsewhere and holding the Seller liable for damages. However, the Seller shall not W liable for damages as a result of delays due to causes not ceasombly foreseeable which art beyond its rewatable control and without its fault of negligence, such ads of God, acts ofavil or military authorities, pee mnenanl Priorhies, freer, strikes. flood, epidemin, wars or note provided that notice of the condiliona causing such delay is given to the Parcbuef within five (5) days of the time when the Seller lost 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 last by reason of dre delay. 3. WARRANTY. The Seller warants that all goad, articles, materials end work covered by this oNer will aonfomr with applicable drawings, specifications, samples earlier other descriptions given, will W 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 aware. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account ri the Sellers branch of warranty. The Seller Shall replace, repair or make good, without cost to Be purchaser, any defects or faults arising within one (I) year or within such longer period of time as may W preseribed by law or by the mans of my applicable warranty provided by the Seller after she dam of acceptance of the goods famished hereunder (acceptance rot to be wouseenably delayed), resulting from imperfect or defective work done m materials furnished by the Seller. Acceptance or use of goads by the franchiser shall not constitute a waiver ofany claim under this warranty. Except as othersise Provided in this purchase order, the Sellers liability harearder shall extend to all damages proximately caused by the breach of my of the foregoing warranties or guamatere, but such liability shall in no event include loss of profits or loss of we NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes 101e1a1 terms by written change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms. other Wan legal terms, including additions to or deletions form the quantities onginally ordered in the specifications or drawings, by verbal or written change order. If any such change offer. the runs urit due or the time aTerfomonce hereunder, But equiable "invested shall W made. 6. TERMINATIONS. The purchaser may at any time by written change order, marmarene ,his agreement as to any or all portiom of the good then not shipped subject to any equitable ndjmtmen, hetween the proses as to any work or materials then in progress provided that Be Purchases shall oat W liable for coy claims foe moicipmed profile on the maxam pined portion ofthe good and/or weak, for incidental or conso,o ntial damage, and that no such adjustmeat be made in favor ofthe Seller with respect in my good which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any good delivered hereunder. G. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW, The Seller warrants that all goods sold hereunder shall have hem produced, sold, delivered and famished in said compliance wltn all applicable lass and regulatioas to which due goods art subject The Seller shall execute and deliver such dammena u may be required to effect or evidence compliance. All laws and regulation "mrand to be ncorpammd in agreements of this character are hereby incoryomted herein by this refer.. The Seller agrees to indemnify and hold the Purchnser hmmless f all cons and damages suffrred 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 offl a the, party. 10. TITLE. The Seller smarrow, full, clear and nominated title to the Purchaser for all aquipment materials, and items famished in performance of this agreement free and clam of any and all liens, ntririom, reservations, security interest ancumbromes and claims B f ethers. The Seller shall release the purchaser and its contractors of any tier from all liability and claims of my nature resulting form due performance of such work. This release shall apply even in the event of fault of negligence of the parry released end shall extend do the directors, officers and employees Blanch panty. The Sellafs contractual obligatiom, including wararrry, shall not W deemed to W reduced, in any way, because such work is performed or caused to be performed by the Purchases. 14. PATENTS. Whenever the Seller is inquired to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and AI claims for inGngr urat by reason of the use of such patented design, device, mammal or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense e, damage which it may W obliged to pay by reason Of mah infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any From 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 in its option, either procure fee the Purchaser the fight W continue if, mid equipment or parts, replace the same with substantially equal but noninfdnging equipment, or modify it so it becomes noniefrieging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment fan the bencfit of creditors, appoint a receiver or trustee for any of the Sellers property as business, this order may foMwith W caweled by the Purchaser without liability. 16, GOVERNING LAW. The definitions oflerms used or the interprttation ofthe agreement and the rights of all parries hereunder shall be construed under and governed by the laws Bitter State ofColomdo, USA. The fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellars Reprtsenandive(e), on rue premises ofothen. IZ SELLERS RESPONSIBILITY. The Sella, shall carry, on Said work al Sellers own risk until the same or fully aomplered all accepted, and shall, in aria of any accident destruction or injury to the woo: andfor materials before Stiles final completion and accept.., complete the work at Sellers own a.,. and m our atisfradion of the Purchases. When ra tena6 .it equiparmnt are fidmished by other for installation or aredion by the Seller, the Seller shall receive, who d, mate and handle same or the site and become npomible therefor as though such materials and/or equipment were being famished by the Seller under rare order. IS. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease Wriffics, to its employees employed on or in connection with the work covered by this purchase order, and for to their dependents in accordance with the laws of the state in which the work is to be time. The Seller Shall also carry comprehensive general liability including, but not limited to, conlowtual and automobile public liability imuran a with toddy injury and death limits of at mast ,mum for any one immon S500,IXw for any one accident and property damage limit par accident of 5400,000. The Seller shall likewise na,mre his anladors, if my, to provide for such compensation and anscurative, De( any of the Sellers or his commusamax employees shall do any work upon the premises of otheds, the Seller shall famish the Purchaser with a certificate that such comprnsation red insurance have been provided. Such c rtifrra as shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such mmperrsanon and insurance expires. The Seller agrto shot such compensation and insurance shall W marinumod until ales the anti¢ work u completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, lass or injury of my kind or nature whatsoever to persons or property caused by or nulling from the execution of the work pmvided for in this purchase order or in cormection herewith. The Sella will indemnify and hold harmless the Purchase, and any r all of the Purchasers officers, agents and employers form and against any and all claims, losses, larrag ,, charge or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may W put or subject by reason of arty act, action, neglect, omission or default on the pan of the Seller, any of his contractors, in any of the Sellers or contractors officers, agents or employees. In caw, any suit or oNer proceedings shall W brought aSainal the Purchaser, or its officers, agents m employers at any nine on account or by reason of any ac4 Betioq neglect, omission or default of the Seller of any of his contmdors or any of its we their oMe., agents or employees as p.,aid, the Seller hereby ogres to .awe the del thereof wad to defend the soma m the Senor own expense, to pay any and all cow, changes, auram s f and none, expenses, any and all judgments Oat may W incurred by or obtained against the Purchater or any of its or they of rers, agents or amployms in such suits or other proceedings, Brad in case judgment or other lien W placed upon or obtained against he property of the Purchaer, or said parties in or as a mull of such suits or the, proceedings, the Seller will at once cause the same to be dissolved and discharged by giving Wad or otherwise. The Seller and his contractors shall take all safety precautions, famish and mUll all guards necessary for the prevention of accidents, comply with all laws wad regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 197O and all rates and regulations issued pursuant them. Revised 03GOW