HomeMy WebLinkAbout479610 WINFIELD SOLUTIONS - PURCHASE ORDER - 9146873PO
PURCHASE ORDER 914687er Page
City of PURCHASE
9146873 7 of z
' `t Collins
I„s This number must appear
V ` 1 , on all invoices, packing
sli s and labels.
Date: 11/24/2014
Vendor: 479610 Ship To: COLLINDALE GOLF COURSE
WINFIELD SOLUTIONS CITY OF FORT COLLINS
PO BOX 64281 1441 E HORSETOOTH RD
ST PAUL MN 55164-0281 FORT COLLINS CO 80526
Delivery Date: 11/24/2014 Buyer: JOHN STEPHEN
Note:
Line Description
Quantity UOM Unit Price Extended
Ordered Price
Quote dated 11/11/14
1 LOT LS 14,427.19
Fertilizer
20 gal Civitas
2 gal WF Topaz Fungicide
2 gal Headway
7.5 gal Gulf Stream
15 gal 4 Speed XT
5# Tourney
6 bags AND 22-0-10
8 bags AND 12-3-12
7 bags AND 12-3-12
8 BT Quicksilver
5 gal Chipo 26 GT
2.5 gal Tmethyl
3 bags AND 17-0-17
10 gal Primo Maxx
100 bags MRS 21-3-7
80 bags ORG 20-0-5
12 QT WF Pro Tank
2.5 gal Surflan AS
5 gal Concert II
Total $14.427.19
I
Pay terms net 30 days
Invoice Address:
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
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.mm PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of For Collins is exempt from state and local taxes. Om Exemption Number is
It NON WAIVER.
98-(14502. Federal Exeiu Tax Exemption Certificate of Registry 84-6000587 is marinated with be Collator of
Failure of the PumeM1 to imist upon strict pefformmcc of the terms m conditions hector( landum err delay m
afmw Revenue, Denver, Colorado (Ref. Colorado Revised Statures 1973, Chapter 39-26, 114 (a),
exercise any rights or remedies pmvided heeto or by law, failure to promptly ratify the Sella an the event of a
Not the acceptmce.for pxymmtfor goods M1ereuMer or approval ofere design, shall rot reles-the Sella of
Goods R jatd. GOODS REJECTED due to failure a men specifications, either when shipped or due to defects of
any of be wateentiw or obligations of this pumhose order and shall not be domed a waiver of any right of the
damage in tramir, may be retumd n you far credit and are not to be replaced except upon receipt of written
puahawr to mi upon strict performance hereof or any of its rights or remedies as to any such goods, regadlexs
instructions from the City of Fan Collins.
of when shipped, received act accepted, is to any prior or subsequent default hereunder, nor shall any purported
oral mdifeation or mscission of this pumhau 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.
hemvf.
Final Americana. Receipt of the machmdise, serviax or equipment in response to this order ran result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
suborbital pM nt on the pan of the City of Fart Collins. However, it is to be understood that FINAL
Sella and the Purchaser raognitt that in actual a . is practice, overcharges resulting from antiwst
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violariom s , in fact home by the Purchaza. Thercmfore.forr good sonar and as consideration for executing this
purchase order, the Seller hereby aasigm to the Purchaser any and all claims it may now have or heaaner
Freight Terms. Shipments must be EOD., City of Fun Collins, 900 Wood St, Fart Collins, CO 80522, unless
acquired coder federal or state antitrust laws for such avemharges reining a the particular goods or services
otherwise specifal on this order. If permission is given to prepay freight and charge separately, the original freight
pmcbauJ or acquired by the Purchaser pursuant to this purchase order.
bill most accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF
Wheremanufumrm have
Shipmentorm exces varioustwill ns ofsheeunfry,come nt
aSELLERSOBLIGATIONS.
beSellathe toerrenader tes or dsmili egoodsbyadasa to beagreed upsor by
IfthPurchaser
Per hrouser
bee.
when
distribution paint to dmimtion, end excess freight will be deduced from Invoice whrn
expected from the rdaminibutinand
ply,beurchthe
indicatescomply, the Purchaser
rout be n cable to
ath the Sella, and the Sella thereafra indicates its imeans
shipments arc mode form greater distance.
from
v
may muse the work to ch performed by the most expeditious means available to it and the Seller shall pay all
may came it, a d
costs associated with such work.
Permits. Seller shall procure at sellers sole cost all necessary permits, cenifisorry and liansn rryuird all
w
applicable laws, ordinances and roles of the stare, municipality, political subdivision where
or
The Seller shall release the Purchaser, ad its contractors of any tier from dl liability and claims of any mfure
null. required by any other duly authorityhavingjuri over the work
the work is performed, re amounted public authariry
.11
resulting form the performance ofsuch work.
and t holiday
Fort from and against all liability end loss
fuller agrees to hold the City of Fen CollinsCohoc
r
any s
cured by them by assort of net mused or established violation of any such laws, reguatiom, ordinances, rates
in urdob them
nmJ
This release shall apply even in the evens of fault of negligence of the pvry relmsM end shall extend a the
rryuiremen¢.
directors, ollicm and employees march parry.
Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and posses full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and co Win.. surd
herein set toed and any supplemmmry or additional terms and ran litiom smexed been. or imempommd herein by
reference. Any additional m different terms and conditions proposed by calla are objead to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to active on your
promised ddivcry done az noted Time is of the coarse. Delivery and performance must be effected within the rime
stated on the purchase order and the docummis attachrd hereto. No acts of the Puahaarrs including, without
limitation, acceptance mpanial late ddiveries, shall apaate as a waiver of this Provision. In the event many delay,
the Purchaser shall have, in addition b other legal and scribble remdics, the option of pacing this order elsewhere
and bolding the Sella liable for damage Howeva, be Sella shall nor, be liable for damages as a result mdelays
due to causes not reasonably foreseeable which art beyond its reasonable control and without its fault of negligrnce,
such acts of God, acts ofcivil or military authorities, gavemmental priorities, fires, spikes, Rood, epidemics, wars or
riots provided Not notice of the conditions causing such delay is given to the Purchaser within Eve (5) days of the
time when the Sella East received knowledge thereof, In the event of any such delay, the date of delivery shall be
extended for the rend equal m the time actually Imf by reason ofNte delay.
3. WARRANTY.
The Seller warrants that all gods, articles, materials and work cmaml by this order will conform with applicable
drawings, specifications, samples arbor 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 rmfure. The Sella agrees on held the purchaser, hmmlas from any loss, damage or expense which the
Purcbazer may suffer or incur on around of the Sella breach ofwanmsty. The Sella shall replace, repair or make
goad, without cost an the purchaser, my defects or faults arising winds one (D year or within such longer period of
time as may be prescribed by law in by the It. of my applicable wmmnry provided by the Sella efta the dam of
acceptance of the goods famished hereunder (a reptmce not m be unmenum bly delayed), resulting form broadest
or defective work done or materials famished by the Sella. Acceptance or me of goods by the Purchaser shall not
constitute a waiver of any claim under this warranty. Except or otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties
or guarantees, but such liability shall or m event include loss.(profits or Ions of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES 1N LEGAL TERMS.
The Purchaser may make change to legal terms by written change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal terror, including additions an or deletions form
the quantifier originally ordered in the spaifications or drawings, by verbal or wrhtm change order. If my such
change offers, the ammnl due or the time of performance hereunto, an turnable adjtsstnant shall be made.
6. TERMINATIONS.
The Purchaser my at any time by written change order, terminate this agreement as to any or all portions of the
gods then not shipped, subject to any equitable adjustment between the parties as to any work or materials rhea in
progrras provided that the Purchaser shall not be liable far my claims far anticipated profits oa the uncompleted
portion of the goads mbar work, for incidental or mmaquentul damages, end Net no such adjustment be made in
favor of the Sella with respect to my goods which art the Sellers sbndad stock. No such termination shall relieve
the purchara or the Sella ofmy urban obligations n fa my goods delivered hereunda.
I. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days form the date be change or laminator is
odered.
8. COMPLIANCE WITH LAW.
The Sella war arta that all goads sold hereunder dull have been produced, sold, delivered mid fmishd in strict
compliance with all applicable laws and regulations a which the goads are subjaL The Sella shall execute and
deliver such documents. may be, required to etTect or eadene compliance. All laws end regulation requiad m be
incorporated in agreements of this character we hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchna harmless from all costs and damages suffered by be Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Nimbi parry shall assign, tronfm or comay this order, a any monies due or a become due hereunder without the
prior written consent ofer other parry.
10. TITLE.
The Sella warmers fill, clear and unrestricted title in the Fmebazer for all equipment materials, and items fumivhd
in perifforrouram of this agreement free and clear of my sod all liens, restriction, reservations, sauriry moral
encumbrances and claims ofothers.
The Scllcrs contractual obligations, including wo anty, shall not be deemed . be reduced, in any way, because
such work is performed or caused to be pathomed by the Purchaser.
14. PATENTS.
Me. the Sella is required in use my design, device, material or process covered by Inner, parrot trademark
or copyright, the Sella shall indemnify and save harmless the Purchaur from my and all claims for infringement
by marson of the use of such parented desigv, device, material at 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 be work. In care said equipment or
any pan thereof or the intended mar, of be goals, is in such suit held to mention, infringement and the use of
said equipment or part u enjoined, the Sella shall, at its awn expense and at its .,firm either procure for the
Puahaur, Ns right or enuaue using said equipment or porn, replace the same with mbsmntially arm[ but
noninGnging equipment or modify it so it becomes poninGrnging.
15, INSOLVENCY.
If the Sella shall baome insolvent act bankrupt, make an assignment for the benefit of creditors, appoint is
receiver or motor for my of the Sellers property or business, this order may forthwith he canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions ofretme used or the interpretation of the agreement and the rights mull review hereunder shell be
construed under and governed by the laws oft State ofColomdo, USA.
The following Additional Conditions apply only in cases where the Sella is to perform work heaunder,
including the services of Sellers Ralumm ative(s), on the premises minhers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry o s said work at Seller's own risk until the some is fully conplesed and accepted, and shall,
in se of my accident destruction or injury to the work anbor materials before Sellers final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials
and equipment are Rumored by others for installation or erection by the Seller, the Sella shall receive, unload,
score and hurdle same 9 the site and baome reapomfle therefor os though such materials mdtof sa ipment
were being( ishd by the Sella under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of wisdom conformation, including occupational
disease benefb, to its employees employed on or in connection with the work covered by this purchase order,
andtor to their dermdents in acco d nce with the laws of the state in which the work is to be done. The Sella
shall also carry comprehensive general liability including, but not limited to. contractual and automobile public
liability insurance with bodily injury and death limirs of at least 5300,00) for any, are person, S500,000 for my
one accident ad pmperry damage limit per accident of 5400,0100. The Sella shall likewise racrire his
emissions, if any, to provide for such mmperartion and insurance. Before any of the Sellers or his contractors
employas shall do any work upon the premises mothers, be Seller shall fmish the Purchaur with a certificate
that such compensation and insurance have been provided. Such certificates shall specify the date when such
ompensation and insurance have been provided. Such anificates shall specify the date when such compensation
and insurance expires. The Seller agrees that such compawtion and insurance shall be momm ndi mfil rather the
entire work is completed all acceptd.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assumes be maim aspom bility and liability far my and all damage, loss or injury ofmy kind
or nature wharsoever to persons or property tamed by or resulting from the execution ofer work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
or all of the Purchasers olTcers, agents ad employees from and against any end all claims, losses, damages,
charges or expenses, wheaher direct or induct cad whether a pamm or property a which the Purchaser may
be put act subject by tramp of any act ation, neglect omission in default on the part of the Shca, any of his
contractors, m my of the Sellers or contructors officers, agents or employees. In case my suit or other
pmadings shall be brought against the Purchaser, or its officers, agents or employees at my time oar account or
by rmson of any act action, neglect, omission or &real, of the Sella of my of his contractors or any of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to aware the defense thereof and to
defend the same at the Sella own expense, to pay my and all comb, charges, atramays fees and other expenses,
my and all judgments Not may be around by or obtained against the Purchoser act my of its or thew ottittrs,
agents in employas in such suits in other proceeding, and in case judgment or other lim be placed upon or
obtained against the property of the Purchaser, or said parties its or w, a result of such suits or other prmedings,
the Sella will at mee rouse the same to be dissolvd end diaAaargd by giving bred or otherwise. The Seller and
his contractors shall take all safety precmtiom, famish and ineall all guards necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereat.
Revised (IM014