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HomeMy WebLinkAbout479610 WINFIELD SOLUTIONS - PURCHASE ORDER - 9145989of Fort Collins Date: 10/1512014 Vendor: 479610 WINFIELD SOLUTIONS PO BOX 64281 ST PAUL MN 55164-0281 PURCHASE ORDER PO Number Page 9145989 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: COLLINDALE GOLF COURSE CITY OF FORT COLLINS 1441 E HORSETOOTH RD FORT COLLINS CO 80526 Delivery Date: 10/15/2014 Buyer: JOHN STEPHEN N ote: Line Description Quantity UOM Unit Price Extended Ordered Price 000059728062 Fertilizer ORG 20-00-05-2FE 50UFLX 50LB 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 LS 5,996.10 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 I. COMMERCIALDETAIIS. Tax exemptions. By muscle the City of Fan Collins is exempt fmm stare and local trams, Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutm 1973, Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifmtiore, either whm shipped of due to defects of damage in trash, may be reamed to you for credit and art not in be replaced except upon receipt of written inamtions tram the City of Fan Collins. Inspection. GOODS are subject to the City of Fon Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized payment on the pan of the City Of Tom Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Tenor. Shipments must be F.O.B., City of Fan Collins, 900 Woad St, Full Collins, CO 80522, unless otherwise specified on this order. If permission is given to Prepay freight and charge separately, the original freight hill must acmmnnv invoice. Additional chames for oackinn will not be accented. Shipment Distance. Where ttanufuclmers have distributing paints in van m pans of the country, shipment is expected from the nmrest distribution point to dextiration, and excess freight will be deducted fmm Invoice when shipments ate made fmm greater distmre. Permits. Sells, Shull procure at side. sole cast .11 necessary permits, certificates and licenses required by all applicable laws, regulations, ordin Comm and roles of me stale, municipality, territory or political subdivision where me work is performed, or required by any other duly omtituted public authority having jurisdiction over the work of vendm. Sella fonher trice. 1a bold the City of Fon Collins harmless fmm and against all liability, and loss incurred by them by reason of an assured or established violation of any such laws, regulations, ordinances, roles and recaminams. Authorization. All panics an this contract agree Nor due repmenanvm are, in fazt, bow lid' and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions sated herein set fimh and airy sopplaratary or addilimal terms and conditions annexed hereto or tacorparated herein by reference. Any additional or differal rams and condmom proposed by seller are ablated to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive oa your promised delivery date as rimed. Time is of the essence Delivery and perfomtance must he effected within the time stated on the putchase order and the documents attachN hereto. No acts of the Purchasers including, without limitation acceptance of partial late deliveries, shall operate Or a waiver of Nis provision. In due event of any delay, the Nothow, shall brave, in addition to Is, Itgal and eqhurbic remedies, the option of placing this order elsewhere and holding the Sella liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond ifs rmsonable c mmil and widiom its fault of negligence, such ems of God, acts ofcivil or military authorities, gavemmerml priorities, fires, strikes, flood, epidemics, wan or data provided that .olive of the conditions musing such delay is given an flue Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, file time of delivery shall be extended for file period equal to the time usually last by reamn of foe delay. 3. WARRANTY. The Seller amounts that all goods, articles, materials and work covered by this orde will conform with applicable drawings, specifications, samples saxi other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competenco in accordance with accepted standards for work of a 'miler mount The Seller agrees 1. hold the purchaser harmless from any lass, damage or expense which the Purchaser may suffer or raw on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without and to fie parchaseq any de@ct or hours arising within one (1) year or within such longer period of time s maybe prescriber) by Lou, or by the fmm afany applicable warraaly provided by the Sella after the date of acceptance ofthe good famished hereunder (acceptance not be unreasonably delayed), resulting from imperfect or defective walk done or mataiuls fmisAed by the Seller. Acceptance Or use of goods by she Purchaser shall not constitute a waiver ofany claim under this warranty. Except as ofery se provided in this purchase older, the Sellers liability heranda shall extend to all damages proximately caused by the breach of any of foe gasping warren,;. or gammas, but such liability shall in no event include loss ofpmfils or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchase may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The pitchman may make any changes to the terns, other than legal terms, including additions to or deletion from the quanfilie, originally ordered in the specification or drawings, by verbal or written change order. If any such change afros the amount due or IM time of perfomtance hereunda, an equitable adjustment shall be made. 6. TERMINATIONS. The Purehmer may at any time by wrimen change offer, nominate this agreement as to any or all portions of the goads then not shipped, subject 10 any equitable adjustment between the ponies m to any walk or materials then in progress provided tom the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted minim of fe good adVw work, for incidental or consequential damages, and that no such adjmfmcm be made in favor of the Sella with respect to any goods which are the Sellers standard stork. No such tc.tim shall relieve the Purchma or the Seller of any of their oblignliom as to any good delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most he murned within thirty (30) days fmm the date the change or temtination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrant that all goods sold herewder shall have been produced, sold, delivered and formation in strict compliance with all applicable laws and regulations m which foe goods arc subject- The Seller shall execute and deliver such docemens as may be required to effect or evidence compliance. All laws and regulation required to Ise compacted in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hndicss fmm all cost and damages suffered by the Purchase, s a rerun of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall cosign, transfer, or convey fix order, Or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller wamna full, clear and mnesuicted title to the Purchaser for all equipment, mara ls, and items fomisbed in performance of this agreement, free and clear of my and all lies. fichiclios, remrvats. , security interest encumbrances and claims of ofers. I L NON WAIVER. Failure of the Purchaser to insist upon strict performance of the hemas and conditions hereof, failure or delay to exervise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a ber chthe acceptance arm payment for gods named. or approval ofthe design, shall of release the Seller of any of the warranties or obligation of this purchase order and shall not be deemed a waiver of any tight of the purchaseno insist upon strict performance hemcof or any of its rights or remedies in to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereundeq nor shall any putponed am] modification or rescission of this purchase order by the Purchaser operate or a waiver of my of the terns hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchmer recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact home by the Purchaser. Theretofore, forpodcause and ns consideration for executing his purchase order, the Seller hereby designs to list Purchaser any ford all claims it may row have or hereafter fra,dral ancient federal or sate antitrust laws for such mo rchrops reining to foe particular goods or services purchased or acquired by the Purchaer pursuant m this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If file Purchaser directs the Seller to forted nonconforming or defective goad by a date to be agreed upon by me Purchaser ford the Sellers end the Sella thereafter indicates its inability or unwillingness to comply, the Pirrell may cause the work m be performed by the most expeditious morns available 1. it, and the Seller shall Pay all coon associated with such work. The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims Of any nature resulting fmm the PalOmazw ofsuch wars - Thor release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, olliurs and employees ofsuch parry. The Stiles contractual obligations, including anomaly, shall not be deemed to a reduced, in any way, because such work is Performed or caused to Lou performed by file Purchase. 14. PATENTS. Whenercr the Sella is required to use any design, device, material or process covered by letter, patent, trademark or copyright, file Sella shall indemnify and save lasmlecs the Purhaser from any and all claims for infringement by reason of the use of such patented d.ipm, device, material or process in comedian with file contract, and shall indemnify the Pwelisma fro any can. expense Or damage which it may be abliged to pay by reamn of such infringement at any time during the prneanum for alter the complain. of the work. In case said equipment, or any pan thereof or me intended au of the goods, is in such suit held to wantimre infringement and the use of said equipment or lam is enjoined, the Seller shall, at its own expense and at its option, either procure fro the Purchase the right to continue using said equipment or pars, replace file same with substantially equal but naninfringing equipment, or modify it set it becomes noninGrnging. 15. INSOLVENCY. If the Seiler shall become insolvent or bartknmpt, make an amigmnent fix the benefit of smadimrs, appoint a matfia of name for any of the Sellers frugal Or business, this order may forthwith be canceled by the Purchase, without liabiliy. 16. GOVERNING LAW. The definitions aflemax wed or fire imer,comm is of me agreement and the right Ofail parti. hereunder shall be command anda and governed by the laws off' Sate ofColomde. USA. The fallowing Addifinnnl Canditions apply only in craws where the Seller is to perform work hereunder, including the services of Sellers Repreunafive(s), on file premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall cony oa said ..,it at Shcas own risk until the same is filly completed and accepted, and shall, in au of any accident, saturation or injury to the work andior mammals before Seller's final completion and acceptance, complete the work at Seller's own expense and m the satisfaction of the Pumhaur. When materials and equipment are fianisbM by offers for installation or erection by foe Sella, the Seller shall receive, mlad, same surd handle same at the site and become wilmsible therefor as though such materials oral aryipmeat wave being furnished by the Sella orderthe, order. 18. INSURANC E. The Sella shall, a1 his own expeme, provide for he payment of workers compensation including occupational disease benefit, for it employees employed on or in comectim with the work covered by this pmcbese order, and/or to their dependent in accordance with Is, laws affirm sale in which the walk ism be it The Sella shall aim carry comprehensive garml liability including, but not limited to, contmcnal and automobile public liability insurance with bodily injury and death limits of at lest S300,000 for any one parson, $500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before my of the Sellers or his alumctars employees shall do any work upon the premises of others, foe Sella shall famish the Purchaser wit a certificate ,hill such compensation nad insurance have been provided Such cenificata shall specify the time when such compensation and insurance have been provided Such cenificaus shall specify the data whm such compensation and ianmoce expires. The Seller agrees fat such compensation and insurance shall the mainmined until after foe mfire 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, lass or injury ofmy kind r sure whatsoever to persons or pmpeny caused by or reaching from the execution ofthe work provided for in this purchase order Or in correction h rewiff. The Seller will indemnify and hold harmless foe Purchaser and any cr all of the Pu¢hmers officers, agent and employes firm and against any and all claims, loss., damages, harges or expenses, whether direct or indirect, and whether to Persons or property to which the Purchaser may be put or subjecl by reason of my act, action, neglect, omission or default on the pm of the Seller, any of his contractors, or my of me Sellers or examinants officers, agent or employees. In cure my suit or offer pmceedinw shall Ise brought again, the Purchaser, of its oIcers, agent or employes at any rime net mcaam or by reason of my act, action, neglest, omission or default of the Seller of my of his contractors or my of it or their officers, agent or employe. an aforesaid the Sella hereby agree, to .,are the deflme thereof and or defend the same at the Sellers own expense. no pay any end all costs, charges, attorneys fees and comer experts, my and all judgmms mat may he incurred by or obtained summit the Purchuser of any of its or their officers, agent or employees in such suits or other proceedings, and in eau judgment on come lim be placed upon Or obtained against the property of the Pardoner, or aid pries in ors a result ofsuch saw or other Proceedings, the Sella 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 precautions, famish art insmll all Bards necessary for the prevention of accidents, comply with all laws and regulations with regard to afery including, but without formation, the Occupational Safety and Health Act of L970 coed all roles and regulation issued pursuant memo. Revised 092014