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HomeMy WebLinkAbout480663 SMITH FERTILIZER & GRAIN COMPANY INC - PURCHASE ORDER - 9140215 (3)Fort Collins Date: 04/03/2014 PURCHASE ORDER Vendor: 480663 SMITH FERTILIZER & GRAIN COMPANY INC 702 E JASPER PLEASANTVILLE IA 50225 PO Number Page 9140215 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET 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 Extended Ordered Price 3 2014 DE-ICING MATERIALS 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 1 LOT EA 10,000.00 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local axes. Our Exemption Number is 11. NONWANER. W-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict peRormance of the moos and conditions hereof, failure or delay m Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1923, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach the accepance of or payment for goads hereunder or approval ofthe design, shall not release the Sella of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the wuranties or obligations of this purchase Omer and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereofor any of its rights or remedies as on any such goods, regardless instructions from the City of Fort Collins. 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 of any of the hems Inspection. GOODS are subject to the City Of For Collins impactiom oa arrival. hereof Final Attenuate. Receipt of the merchandise, services r equipment in response to this order canresult in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pert of the City of FunCollins However, it is to be understoel that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE, is dependentupon completion of all applicable required inspection procedures violations are in fact home by the Purchaser. Theretofore, far 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 1'emis. Shipments most be F.O.B., City of Pon Collins, 700 Wood Sr, Fun Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating or the particular goods or services otherwise specified on this Omer. If permission is given to prepay Freight and charge separately, the original freight purchased or acquired by the Pardoner proment to this punbax ocher, bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacturers have distributing points in various pans of the country, shipment is I fthe Purchaser directs the Seller to torten nonconforming or defective goods by a&te to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance may cause the walk m be performed by the most expeditious arcane available to it, cad the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cast all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules afthe state, muoicipilily, territory or political subdivision where the work is performed, or required by any other duly mentioned public .,hunt, havingjunsdmu n aver the walk of vendor. Seller banker agrees to hold the City of Pon Collins harmless from end against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requiremena. Autharoato n. All ponies to this cartoon agree that the representatives are, is foci, bona file and possess full and complete authority to bind said patties. LIMITATION OF TERMS. This Purchase Order exmesvly limiu acceptance to the terms and conditions soled herein set forth and any supplementary, or additional terms and conditions annexed hereto or complained herein by reference. Any additional or different terms and conditions proposed by seller are Objected Ira and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery dale as poled. Time is of the essence. Delivery and performance host be cTected within the time sited on the p.,chase coder end die documents attached hereto. No cars of the Purchasers including, without limitation, acceptance ofpartial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchase shall have, in addition to other legal and equitable mommes, the option of placing this order elsewhere and holding the Seller liable for damages. However, tlhe Seller shall 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, each acts ofGod, ace of,,vil of military authorities, governmental priorities, fires, strikes, Rood, epidemics, wars or riots provided thm novice of the rumho as musing such delay is given to the Purchaser within five (5) days of the time when the Seller firm received knowledge r rchad 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 common with applicable dmwinga, Verification, samples anchor other descriptions given, will be fit for the 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 the purchaser harmless front any lass, 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 good, without cost to the purchaser, any deficits or faults washing within one (1) year or within such longer period of time as may be prescribed by law or by the toms of any applicable waranry provided by the Sell,, all,, the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Punhaser shall not onmitute a waiver of any 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 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 specilirwiws or drawings, by verbal or written change order. If any such change efforts the amount due or the time of p,,fomaw, hereunder, an egnitabla adjustment shall be made 6. TERMINATIONS. The Purchaser may at any time by wagon change order, terminate this agreement as to any or all portsof 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 'he uncompleted 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 am the Sellers standard stock. No such termination shall ralmoo the Purchaser or the Seller of any oftheir obligations as to any goods delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment men be asserted within thirty (30) days Imm the date the change or tworcholow is ordered. 8. 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 are subject The Seller shall execute and deliver such documents as may be quid to effect or evidence compliance All laws and regulations required to be incorporated in agreements of this rhetoric, are hereby incorporated herein by this reference The Seller agrees to indemnify and hold the Purchaser harmless from all moss and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall aasigry 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, matenah, and items famished in performance of this agreement, free and clear of any and all been, restrictions, reservations, security interest encumbrances and claims of afters. The Seller shall release the Purchaser and its contractors of any Her from all liability and claims of any nature resulting from the performance of such 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 of such party. The Seller's contracting obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, maternal orForever covered by line, patent, trademark r copyright, the Seller shall indemnify and save harmless the Purchaser from any and all 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 of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goads, is in such suit held re constiNce infringement and the use of said equipment or parr is joined, the Seller shall, at its own expense and at its option, either prexam for the Purchaser the right to continue using said equipment or pans, replace the scone with substantially equal but nominfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent Or bankrupt, make an reshipment fat the beueN of creditors, Visual a recover or ousts, for any Of the Sellers progeny or business, this Omer may forthwith be canceled by the Purchaser without liability. 16, GOVERNING LAW. The definitions of In— used or the imtery retain ofibe agreement and the rights of all parties fiereunder shall be construed under and governed by the laws of the Sate ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(a), on the premises ofomers. 12. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Sellers own risk until the more is fully completed and accepted, and shall, n case of any accident, destruction or injury to the work anchor materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the smisfiamon of the Purchaser. Whom materials and equipment are famished by others for installation or erection by the Seller, the Seller shall ruceive, unload, store and handle same at the site and became responsible therefor as though such materials and/or equipment were being famished by the Seller major the Omer. 18. INSURANCE. The Scharr shall, at his own expense, provide for the payment of worker compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, anchor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller skill also carry comprehensive general liability including, but not limited es, commutml and automobile public liability in -mare with bodily injury and death limits of at leant A300,000 far any one person, $500,000 for any ne accident and Property damage limit per, accident of S400,000. The Seller shall likewise ,tire his contractors, if any, to provide for such cormare ation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, 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 insurance have been provided. Such certificates shall specify the date when such compensation and msuranc, expires. The Seller agrees that such compensation and insurance shall be maintained until alter the entire wort is m,Igex[ it accepted, 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the action responsibility and liability for any and all damage, lass or injury ofany kind or nature whatsoever to persons or property mused by Or resulting tram the execurion of the work provided Farm this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damag, charges or expenses, whether direct or indirect, and whether to persons or property h which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his conireciors. or any of the Sellers or contractors officers, agents or employees. In eares, any suit or other proceedings shall be brought against the Euc haseq or its officers, agents or employees in any time on account or by reason of any aa, .mutt, neglect, omission or default of the Seller of any of his contractors Or any of its Or their officers, agent 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 case, charges, ouomeys fees and other expenses, any and all judgments that may be incurred by or obained against the Purchaser or any of its or their offcen, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property offs a Purchase, or said probes in or as a result ofsuch 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 safety pmcautions, famish and comill all guards necessary for the prevention of accidents, comply with all laws and regulations with regain to safety including, but without limitation, the Occupational Safety and Health Act of 1920 and all rules and m,almlons issued pursuant memo. Revised 032010