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HomeMy WebLinkAbout479610 WINFIELD SOLUTIONS - PURCHASE ORDER - 9142595PO PURCHASE ORDER 914259er Page City/ of PURCHASE 9742595 1 of 2 ' `t CollinsCThis number must appear " 1' on all invoices, packing sli s and labels. Date: 05/08/2014 Vendor: 479610 Ship To: SOUTHRIDGE GOLF COURSE WINFIELD SOLUTIONS CITY OF FORT COLLINS PO BOX 64281 5750 S LEMAY AVE ST PAUL MN 55164-0281 FORT COLLINS CO 80525 Delivery Date: 05/07/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 00005925219 1 LOT LS 3,261.00 Fertilizer per terms and conditions of MAPO bid and invoice number 59250218 and 59250219 2 00005925218 1 LOT LS 7,498.75 Fertilizer 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.wm Total Invoice Address: 10,759.75 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDEfA1LS. Tax e.c., do a. By smlme the Cary effort Collins is exempt from spite and local taxes. Our Exemption Number is 98-04502. Fedeml Excise Tax Exemption L'enifcme of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Strobes 1973, Chapter 39-26. 114 (a), Goods Rejected. GOODS REJECTED due to failure to meet specification, either whan shipped or due to defects of damage in trarsat may too remood ho you for credit ad are not to be replied except upon mei, of savant instmctioa man the City of Fort Collins. fropeclaon. GOODS are subject to the City of Fort Collins inspection on annual. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authenzed payment on the pan of the City of Fort Collins. However, it is to be understand that FINAL ACCEPTANCE is depended upon completion of all applicable required inspection procedures. Freight Terms. Shipments must be, F.O.D., City of Fon Collins, 700 Wood St, Fon Callan, CO 80522, unless wherams, specified oa this carder. Ifpermisaim is given 10 prepay freight and charge sepamtelY. the...anal freight bill most accompany, invoice. Additional charges for pmkang will not he areeptd. Shipment Distance. More manufacturers have distributing points in us parts of the country, shipment is expected from the nearest distribution point to detinstion, and excess freight will be deducted from Invoice when shipments are made from greater distant. Permits. Seller shall procure at sellers sole cost all necessary pemrits, cenificance and licenses respond by all applicable laws, regainumn, ordinances mall ours of the state, municipality, o rrimry a politics) subdivision where the work is per(omted, or required by any other duly canslamtd public authority hervingjurodiction over the work of vedn. Seller Earlier agrees to hold the City of Fart Collins, heatless fmm ad against all liability and loss incurred by them by rtvson of an crowded or esablishd violation of any such laws, regulations, ordinances, rules and mlmc mans. Authorization. All ponies to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptant to the terms and conditions seal herein set foM and any supplementary or additional terms and nndidotts annexed hereto or incoryorated herein by reference. Any additional or different terms and conditions imposed by seller tie objected to and hereby ported. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted Time is ofthe essence. Delivery cod performance must be effected within the time stated on the pumha,c oiler and the dormacc s attached hereto. No acts of the Purchamis including, wathom limitation, acceptance of purial late deliveries, shall Operate as a waiver of his pmvi,mc. In the evem of any delay, the Purchaser shall have, in addition to other legal and egrumble remedies, the aptlw of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be, liable far damages as a result of delays due to causes not reasonably foreseeable which we blood its reawcable control and without its fault of negligence, such ac¢ ofGd, as ofe vil ce miliary authorities, govarnmenal pnitritia, Ern, sWkcs, Bond, epidemics, wars ar riots Foci that notice of the condlfiov causing such delay is given to the Purchast whom rive (5) days of the time when the Seller fen 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 reaon ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will confirm with applicable dmwing,, specifications, samples prom, he, doomptions given, wall be fit for the purpose inlrndd, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agree to hold the purchaser harmless fmm any loss, damage or eapease which the Purchaser may sufferer incur on actwt If the Sellers breach of.ty. The Seller shall replan, repair or make goad, without cost o the purchaser, any defers m faults ending within one (I) year or within such longer period of time as may b, presenb al by law or by the terms of any applicable warranty provided by the Seller after the dam of acceptance of the gads famished hereunder (acceptance not to be unreasonably delayed), raiding from imperfect or defective work done or materials furnished by the Seiler. 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 order, the Sellers liability hereander shall extend to all damages Proximately caused by the breach of any of the foregoing warrwtle, or guamvtims, but such liability shall in no avant include loss of profits a loss of use. NO IMPLIED WARRANTY OR MERCHANEABILITY OR OF FITNESS FOR PURPOSE SIJALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by ammor change order. 5. CI IANGES IN COMMERCIAL TERMS. The Purchaser may make any changes o the peons, other than legal terms, including additaoos In or deletamix from the gmmoresnoti rally ordered is the specificwom or drawings, by verbal or sermon change order. If any such change affects the pmowt due or the time af,,F. ac hereunde, an equitable djuatmenl shall be made. 6. TERMINATIONS. The Purchaser may at any time by wnaen change order, terminate this agreement as to any at all pointers of the good 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 potion ofthe goods aroVer work, for incidental or consequential damages, and that no such adjuamreat be made in favor of the Seller with respect to any goads which are the Sellers standard stock. No such taminmion shall relieve the Purchaser or the Seller of any ofthelr obligations a to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claw for djustmnt mast be rimmed within thanty (30) days from the due the change or tenmitation is trdrred. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, said, delivered and fumished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents a maybe raptured to effector evidence compliance. All laws and regulations required m be ncoryorated in agreements of this character art hereby mcorpomted herein by this reference. The Sella agrees o indemnify and hold the Purchaser barmlss from all casts and damages suffered by the Purchase as a result of the Sellers failure 10 comply with such Uw. 9. ASSIGNMENT. Neither parry shall assign, transfer, a convey this order, or any monies due or to become due hereunder without the prior wrinen consent ofthe other my. 10. TITLE. The Seller wamnts full, clear and uramstricted title to the Purchaser, for al I cqutpment, materials, and items finished in performance of this agreement fen and cleat of any ad all his, restrictions, reservations, security interest areconbtwrs. end claims ofothers. 11. NONWAIVER. Pontine ofthe Purchaser to insist upon strict performance of the norms and condnims hefeof, failure or delay m 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 Seller of any of the wartwfies or obligations of this purchase order and shall v1 be dttmed a waiver of any ribht of the purchaser m insist uDw strict performwt hereof or any of its nghts or remedies as to any such goods, regardless of what shipped, received or accepted, as to any prior or subsequent default hereunder, rof shall any purponed oral modification a rescission of this purchase order by the Purchase( operate as a waiver of any of the terns hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting form antitrust violations are an fact bane by the Purchaser. Theretofure,fa.it cause and as consideration far executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state anlalrent laws far such overcharges totaling m TO, paniwlar goods or servma purchase) macquard by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser thrects the Seller m correct nonconforming or defective goods by a dam to be agreed upan by the Purchaser and the Seller, and he Seller thereafter indicates its inability or unwillingness to comply, the Pumhaer may cause the work to be perforated by the most expeditious means available or il, and the Seller shall pay all costs assouioned with such work. The Seller shall release the Purchaser and its cummctors of any rive fmm all liability and claims of any vote sullen, from the perfarmanom of such A. This release shall apply even in the nano of fault of negligence of the Entry ancient and shall extend to the directors, officers and employees ofsoch parry. Ilm Sellers contractual obligations, incuding warranty, shall not be deemed to be reduced, in any way, because eueh work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any deslgo, device, material or process peered by leaer, patent, trademark or copyright the Seller shall indemnify vd save harmless the Purchaser fmm any and all claims for infringement by reason of the use of such patented design, device, matdal or process in connection with the resource, and shall indemnify the Purchaser for any cost expense or damage which it may be obliged to pay by reason of such infringement at coy time during the provocation or after the completion of the work. In case said equipment, or any an thereof or the minded use of he .nods, is in such suit hold 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 Toronto lot the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but naninfringing egimpmenL or modify it so it becomes amunfnnging. 15. INSOLVENCY. If In, Seller shall became insolvent or bant:mpt make an assignment for the, benefit of creditors, appoint a momicar 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 daina max of terms used or the mtermostim of the agreement and the rights of all patties hereunder shall he comtmed under and governed by the laws ofthe Spam of Colorado, USA. The following Additional Conditions apply only in pus where the Seller is or pMorm woA herewder. including the servicesof Sellers Representmave(s), oa oho premises of.theri. IT. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers awn risk until the same is fully completed and accepted, and shall, in u of any accident, destmetien or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchase, When materials and equipment arc fumuhed by others for installation or erection by the Sella, the Sella shall receive, ranked, store and handle same m the site and become responsible therefor as though such materials attdlor equipment were bang fmished by the Seller coder the order. 18. INSURANCE. The Seller shall, at her own expense, provide for the payment of workers compensation, including reciprocated disease 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 stale in which the work is to he done. The Sella shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability imoance with bodily injury and death limits of to to., S300 000 for my no person, Stags." for any onaccident and pmpeny damage limit per accident of S400,000 The Seller shall likewise require his ntractors, if any, to provide for such compensation ad insumn¢. Before any of the Sellers or his comments employes shall do any work upon the premises of orders, the Seller shall famish dhe Purchaser with a comficzm that such comp,romiw and ireurarom have been provided. Such retGfemes shall specify the date when such compensation ad insurance have been provided. Such certificates shall specify the date what such compensation and insurance expires. The Seller agrees that such compensation and insurance ahall be maintained until after the entire work is completed and acceptd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the grim responsibility and Inability for any ad al I damage, loss m injury of any kind r vmse whosoever to peeov or propery caused by or lauking from the execution ofthe work provided for an this punchau order or in rpwemkn herewith. The Serer will indemnify and hold humadess the Pochaer ad any r all of the Purchasers officers, agents and employee fmm and against any ad all claims, losses, damages, charges or expenses, whether direct or natural, and whether to persons or property to which the Purchaser may be par or subject by mina of any act action, neglect omission or default an the pan of the Seller, any of his ondacmrs, or any of the Sellers or contractors officers, agents or employees. In case any suit or other Proceedings shall be brought against the Purchaer, or its officers, ogees or employees a1 any tame oa a coum or by reason of any act, action, neglect, owssim or default of the Sella of any of his contractors or coy of its or their officers, agents car employees as aforesaid, the Seller hereby agrees to awume the defense thereof and to defend the same at the Sellers own ea mrs. to pay any and all costs, charges, attorneys fees and other expenses, coy and all judgmen¢ that may be incumd by or obtained against the Purchaser or any of its m that officers. agents or employees an such sure, m other proceedings, and as . judgment ar other lam be placed upan or obtained against the property ofthe Puurchaser, or said pubes in or a a mark of such snits 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 precautlom, 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 Occupoiovl Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 0312010