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HomeMy WebLinkAbout109447 INDEPENDENT SALT COMPANY - PURCHASE ORDER - 9144144PO PURCHASE ORDER 914414er Page City of PURCHASE 9144144 1 of z Flirt Coll I ns This number must appear ,�—,J`-' ` on all invoices, packing sli s and labels. Date: 07/22/2014 Vendor: 109447 Ship To: STREETS DEPARTMENT INDEPENDENT SALT COMPANY CITY OF FORT COLLINS PO BOX 36 625 NINTH STREET KANOPOLIS KS 67454-0036 FORT COLLINS CO 80524 Delivery Date: 07/22/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price i 5000 tons salt @ $62.93/tn 1 LOT LS 188,820.00 per terms and conditions of bid 7541 2 De-icing Supplies 1 LOT LS 125,880.00 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.mm Total Pay terms net 30 days 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. COMMERCIAL DETAILS. Tax exemptions. By same the City of Fan Collim is exempt from state and local taxes. Our Exemption Number is 11. NON WAI V ER. 98-04502. Federal Excise Tax Exemption Cn ifame of Registry 84-6000587 is registered with the Collector of Failure of the Pumhwer to room upon stria performance of the mans and conditions hereof, failure or delay I. Intemal Revenue, Denver, Colorado (Back Colorado Revised Stamtas 1973, 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 acceptance ofor payment for goods Encumber or approval of be design, shall not release the Seller of Goods Released. GOODS REJECTED due to failure to meet sp rifiwtiom, either when shipped or due to defects of any of the warranties or obligations of this parthase order and shall not the deemed a waiver of any right of the damage in transit, may be rammed ,o you far cmdir and are not to be replaced except upon receipt of women Pumbaser of hold upon strict performance hereofx, any of its rights or rrredica as an any such good, regardless imtmctims from the City of Fort Collins. of when shipped, received or Scowled, 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 terms Inspection GOODS are subject to the City of Fort Collins inspection on arrival, hereof. Final Acceptance. Receipt of the merchandise, srvices or equipment in response to Nis motor can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. amhorized payment on the pan of the City of To" Collins. However, it is to be, understood that FINAL Seller and the Purchaser dmognlce that in actual w is practice, numehimges resulting from anit. ACCEPTANCE is dependent upon completion of all applicable required inspetion procedures, violations are in fact home by the Purchaser. Therefrom, forr good cause and as consideration for executing this purchase We,, the Seller hereby assigns m he Purchaser any and ail claims it may now have or hereafter Tra gM Tema. Shipments must be POD, City of pun Collins, JW Wood S,, Fort C.11m, CO 80522. unless accrued under federal or state antitrust laws for such m'ercharges relating to the pomeclar goods or services mherwlse specified an this order.Ifpennoven is given to prepay freight and charge separmely, the original freight purchased or acquired by the Purchaser pursuant to this purchase order, bill must accompany invoice. Additional charges for Woking will not be accepted. Shipment Distance. %%mere manufacturers have distributing points in various pans of the country, Shipment is expected from the rearm distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall prnew, err sOff. .It cost all necessary petards, refiieates and licenses retained by all applicable laws, regulations, ordinances and roles of fie sate, mwicipality, tammry or paddical subdivision where the work is performed, or required by any other duly confirmed public authority havingjurisdmion over fie work of vendor. Seller further Sprees to hold the City of Pon Collins harmless from and against all liability and loss ineurrM by them by reawn or.. a¢road or established violmion of any such lewd regulations, ordinances, Holes and requirements. Authoriaeian. All parries to Ibis contract agree that the representatives are, in fact, bona fide and prioress full and ..,left authority ro bind said partlm. LIMITATION OF TERMS. "is Purchase Order expressly limits acceptance to ,he terra and conditions stated herein set Carl and any supplementary or additional corms and conditions annexed hereto or incorpommd maxim by ref aawve Any additional m different corms and conditions; proposed by seller are objected,. iutd hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive an your promised dlivory done as nand. Time is of the essence. Delivery and performance moat be eRcaed within the lime aimed oa the mrchme rode, and the documents mashed hereo. No is of the Pwvhawn including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event army delay, fie Extortioner shall have, ire addition to other legal and equitable remedies, the option ofplocing this order elsewhere and holding he Seller liable for damagrs. However, fie Sella shall no, be liable fro damages as a remit of delays due m woos not reasonably foreseeable which am beyond its reasonable comml and without its full ofnegligmce, such acts of God, acts arrival or military authorities, 6m'emmwral priorities, Gres, strikes, Ruud, epidemics, wars or riots provided that notice of the conditions waving such delay is given to the purchaser within five (5) days ofthe time when the Seller first received knawledge thereof In the evem of any such delay, the dam of delivery shall be extended for the Period equal to the time actually lost by mason ofthe delay. 3. WARRANTY. The Seller warrant, that al liquids. articles, materiels and work covered by this order will conform will applicable drawings, specifications, sample and/or ofer descriptions given, will be fit far the puryoses intended, and performed with the highest degree of care and comyemnce in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser hairless from any lass, damage m expense which the Purchase, may suffer or incu, oa account of the Sellers breach of warranty. the Seller shall replace, repair or make good, without cost to the purchase, my defects or faults wising within one (I) year or within such longer period of lime as easy be proscribed by law or by,he terms of any st,theable warranty provided by the Seller aRer lye date of compliance of the good f mished hereunder (azver mwe rot to be unreasonably delayed), reading from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shill not onstiete a waiver of any claim under this warranty. Except as otherwise provided in this purchau order, the Sellers liability hereunder shall extend to all Menages proximately caused by the breach of any of the foregoing warranties or gowrances, bur such liability shall in no event include loss ofpmfs or loss of use. NO IMPLIED WARRANTY OR MERCI IANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may he changes b legal tams by warm change made, . 5. CHANGES IN COMMERCIAL TERMS. The Pambas may make any chmges to the terms, other than legal ¢ additions including additioto err deletions from ,he quantities originally Ordered in the specifications or drawings, by verbal or written change order If any such change alfem, the amount due or the time ofperfomlance hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Pu¢baser may at any In. by writen change odes, mane a this agreement as to any or all ponlom of the goad then nor shipped, subject to any equitable adjustment between the panics as to my work or materials then in progress provided thal the Purchaser Shull nal be liable far tiny claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that an such adjustment be made in favor of the Seller will respect to any good which art to Sellers salduot stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations w to any good delivered remainder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assumed within fury (30) days from me date the change or ern roman is ordered. 8. COMPLIANCE WITH LAW. The Seller warants far all goods Sold hereunder shall have been produced Said, delivered and famished in swd compliance with all applicable laws and regulations m which the good an, subject The Seller shall execute ail deliver such documents as may tr ralrired to effect or evidence compliance. All laws and regulwious required to be wcommoned in agreements of this character arc hereby incorporated herein by this reference. The Seller agrens to indemnify and hold the Purchaser harmless from at I costs and damages Suffered by the Purchuser AS a result of the Sellers failure to comply arm such has. 9. ASSIGNMENT. Neither party shill assign, transfer, or convey his order, or my monies due or o became due hereunder, without fie PH. writlen Co., offe mm, party. IIF TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materiels, and items fmishul in performance of this agreement, fare and clear of any and all liens, restrictions, reservmiom, security interest encumbrances and claims of will 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Iffie Purchow directs fie Seller to --or vonconfonming or defective grad by a date to be agreed upon by the Purchaser and the Seller, and the Seller fereafr maticala its inability in unwillingness o comply, the Purchaser may cause fe walk to be performed by the most expeditious means available to it and fie Seller Shall pay all costs associated with such work. The Seller shall releae the Purchaser and its contractors of any tier from all liability and claims of any camre resulting from the performance ofsuch work. This releae shall apply can in the o'car of fact, of negligence of the Party released and shall extend to fie directors, ofcers and employees ofsuch Party. The Seller's turnaround obligations, including warranty, shall no, be deemed m be reduced, in any way, because such work is refrained or caused rn be performed by the Purchaser. 14. PATENTS. VVhenever fie Seller is required to use any design, device, mmedal or process covered by lame, proms, trademark or copyright, the Seller shall indemnify and Save hmmlmf the Purchaser Raw my mW all claims for infiingemem 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 cast, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prvmcution or after the completion of the 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 we of said equipmem or pan is enjoined, the Seller sbal, at its own expense and at its option, either Frmmre for the Purchaser the right m continue using said equipment m pars, replan fie Same with substantially equal but tmninfnging equipmml, or modify it an it becomes noninfdnging. 15. INSOLVENCY. If the Seller shall become insolvent or badimpt, make oa assignment for the thwart of cmdimrs, appoint a receiver or trustee for any of the Sellers property or business, this order miry forthwith be canceled by the Purchnser without liability. 16. GOVERNING LAW. The definitions affect used or the interpreation offe agreement and fie righu ofall ponies hereunder shall be cowwed order and granted by fie 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 Reprewnative(d, on the preadwa of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry not said wards SI Sellers own risk until fie same a fully complded and revolted, and shall, in se of any accident, destruction or injury b the work and/or materials before Seller's final completion and acceptance, complete the work at Sellers owe expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by others for installation or erection by the Seller, me Seller shall receive, unload, store and handle same at fie vim red became responsible there(r as though such materials andiar equipment were being famished by the Seller under the order. I B. INSURANCE. The Seller shall, or his awn expense, provide for the payment of workers campensatim, including occupwiowl heal theiriefics. IU its employees employed on or in connection with fie work caused by Nis purchase order, and'or to their dependent, in accordance with Ile laws of the sate in which the work is to be done. The Seller Shall also curry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance xitb b ddy injury and death limits of m least 5300,000 For any one Person, $500.000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his rectors, if any, to provide for such compensation and insurance. Before any of fie Sellers or his canmaom employees shall do any work upan the premises oFo0mrs. the Seller sb0 f ish me Purchaser wily a nrtificate that such compensation and insurame have been provided. Such certificates shall specify the date call such compensation and insurance have been provided. Such certifcaes shall specify the dte when such compmmom and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until offer the enure work is cnmpleted and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. Thc Seller hereby assumes the enrim m Earn bility and liability for any and all Menage, loss or injury affray kind or nature whouoever o persons or psoperty coused by or resulting from fie execution offle work provided for in this purchase order or in wevectim herewith. The Seller will indemnify and hold harmless The Purchaser and any r all of the Purchasers officers, agents and employers from and against any and of claims, losses, damage, charges or expenses, whether direct or indirect, and whether to persons or property m which the Purchaser may be put or subject by reason of any act, action, nell omission or dfault oa the part of the Seller, any of his contractors, or any of fie Sellers or contractors ofnrs, agents or employees. In caw any suit or other proceedings shall be brought against the purchaser, or its officers, agents or employees as any time on Summit or by reawn of my ant warm ,egleah omission to default of the Seller of any of his wvrmcto. or any of is or their ofcers, agents or emplayees or aforesaid, fie Seller hereby agrees Io sssume the der' thereof and m defend me same Sat fie Sellers own expense, to pay any and all costs, charges, anomeys fc, and at expenses, any and all judgmens that may be incurred by or obtained against the Purchnser or any of its or their officers, agents or employees in such suits or other proceedings, Said in case judgment or other lien he placed upon or obtainal against the property offe Purchaser, or Said panics in or as a mull of such suits or other proceedings, fie Seller will at once cause the same to he dissolved and discharged by giving bond or otloomma. The Seller and his contractors shall take all Safety pmcautions, famish and install all guards necessary for the prammon of accidar s, comply with all laws and regulatiow with regard to safety including, but without limitation, the Occupational Safety and Hrdlf Act of 1970 and all roles and regulations issued pursuit flmm. Revised 07I2014