HomeMy WebLinkAbout454298 GARRISON MINERALS LLC - PURCHASE ORDER - 9150143Fort Collins
Date: 01/09/2015
Vendor: 454298
GARRISON MINERALS LLC
PO BOX 2940
DENVER CO 80201
PURCHASE ORDER
PO Number Page
9150143 1 of 2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: DRAKE WATER RECLAMATION
CITY OF FORT COLLINS
3036 ENVIRONMENTAL DRIVE
FORT COLLINS CO 80525
Delivery Date: 01/08/2015 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 2015 Blanket PO
Magnesium Chloride
1 LOT LS
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.
Price is $472 per dry ton., FOB City of Fort Collins Water Reclamation Facility,
3036 Environmental Drive, Fort Collins, CO.
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@fogov.00m
150,000.00
Total
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
s and Conditions Page 2 of 2
I. COMMERCIALDUA1LS.
Tax exemptions. By statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is
98-04502. Federal Eacim Tax Exemption Certificate of Registry 84-6000589 is registered with the Collector of
Internal Revenue, Denver, Colorado (Re(. Colorado Revised Statute, 1973, Chapter 39-26, 114 (a).
Good Rejected. GOODS REJECTED due to failure to inert stseci0calkno, either wlren shipped m due m defects of
damage in transit, may be returned to you for credit and me not to M replaced except upon receipt of written
interfaces fmm the City of Fart Collins.
Inspection. GOODS are subject to the City of Fan Collins inspection on anWal. -
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in
mthorrzcd payment oa Be pan of the City of Fiat Collin. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection pocedums.
Freight Teats. Shipments must M F.O.B., City of Fort Collins, 7W Woad SL, Fort Collins, CO 80522, unless
otherwise specified on Nis order, lfparchosion is eie m as prepay freight and charge separately, the original freight
bill most accompany invoire. Additional charges for packing will not be accepted.
Shipment Distance. Where m nufacWrtrs have distributing points in varous pans of the c unty, shipment is
"Record farm the nearest distribution point to destination, and excess freight will be, deducted from Invoice when
shmareAs are made from greater distance.
Permits. Sella shall Marine at sellers sole cast all nesessary petunia, certificates and licenses mryired by all
applicable lass, mgulations, ordinance and macs of the state, municipality, territory or political subdivision where
the work is performed, or required by any other duly constituted public authority havingjuriss iction over the work
of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, ales
and rryuiremensa.
Authoriention. All parties to this contract agree that me repasenmtiva are, in fact barn fide and possess full and
complete mtlwriry to bind said parties.
LIMITATION OF TERMS, This Puncture Oder exprtasly limits me,. to the terms and coadi ins. samed
herein act fond and my supplumentery or additional terms and conditions sanexed hereto or incorpam rd herein by
reference. Any additional or dlRermt menu and conditions proposed by seller are objected m and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot moke complete shipment to arrive on your
promised delivery date as noted. Time is of the essence. Delivery and performance must be, effected within me time
muted on me purchase order and me documenu atuched harm. No acts of the Purchasers including• without
limiamon, acceptance offered late deliveries, mull operate as a waiver of this provision. In the event of any delay,
the Puohasff shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere
and holding the Seller liable for damages. He., the Seller shall root be liable for damages . is result of delays
due to causes at reasonably foreseeable which are beyond its reasonable control and without its fault ofn,,Ii,cace,
such arms ofGed, acts ofcivil or milimry amhomies, govemmenml priorities, fires, suikes, Good, epidemics, won or
riots provided that notice of the conditions causing such delay is given to the Pumhesa within five (5) days ofthe
time when me Seller first received kowlage therref. In me event of my such delay, the date of delivery shall be
extended for the period eq.I to me time actu.Uly lost by reason of me delay.
3. WARRANTY.
The Sella warrants mat all goods, article, materials and work covered by this order will cent with applicable
drawings, spaifi.mions, samples mNm other dewdphons given, will be to for the putMer. murder, end
performed with the highest degree of care and competence in accordance with accepted standard far work of a
similar nature. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which the
Purchaser may suffer or incur an account of the Seller breach ofwarmnry. The Sella shall replace, repair or rake
good, without cost to me Roomer, my defects or f Its arising within one (1) year or within such longer peried of
time as may M prescribed by law or by the ours, ofeoy applicable warranty Provided by the Sella after the dame of
acceptmtt of the goods furnished heammder (receptace not to be unreasaably delayed), resulting farm imperfect
or defective work done or materials f imhed by me Sella. Acmpforce or um of goad by the Pimanner shall not
onstifte a waiver of any claim under this waaar ry. Except of 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 farms by women change order.
5. CHANGES IN COMMERCIAL TERMS.
The Pm,hasa may make any changes to the soma, other than legal corms. including additions to or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such
change aRecs the amount due or the time ofperfonmance hereunder, an equitable adjusta ent shall be made.
6. TERMMATION e.
The Pmazer may
t any time by written change miler, terminate this agreement as to any or all portions of the
goods men of shipped, subject to my equitable ad iefirm at tawem the pones as an my wok or materials men in
program provided mat the Pff awwrr shall not M lisle for my claims for anticipated pmfu on the mcampleal
portion of me good andor work, for incidental or cotuequcntial damages, and dust no such adjustment M made in
favor ofthe Seller with resat to any good which on, she Sellers standmd smock. No such termination shall relieve
the Purchaser or the Sella of any of tboir obligations as to any goods delivered hereunder.
2. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be assured within rhlM (30) days fmm the date Be change or termination is
ordered,
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and burnished in strict
compliance with all applicable laws and regulations to which the good me subject The Sella shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to M
incorporated in am.firem, of this character are hereby incorporated herein by this rtference. The Sella agrees to
indemnify and hold the Pmchou, herrless from all casts and damages suffered by fie Purchaser as a result of the
Sellers matter to comply with such law.
9. AS9ONMENT.
Neither party shall assign, aansfer, m convey this miff, or any monies due or to become dac hereunder without me
pace warm consent ofine ocher parry.
10. TITLE.
The Sella wananu full, clear and wueswifed title bids, Purchaser for all equipment materials, and items famished
in permarrame of this atimment face and clear of my and all liffes, communities. reservations, saunry interest
encumbrances cod claims of others.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the tern and conditions hereof, failure or delay to
exercise y rights or remedies pounded heref Monopolyin m by law, failurMonopoly notify the Sella in the event of a
breach,my
mcepmmre ofor payment for grads hermaider or approval ofthe design, shall not release the Sella of
any of dte warranties in obligations of this parches, order and shall not be deemed a waiver of my right of the
purchaser an insist upon strict pekomrmee hereofor any ofits rights or remedies m to my such good, regardless
of when shipped, received or accepted, as to my poor or subsequent default herevedff, nor shall my purported
out mndification or rescission of this purchase order by the Purchaser operate ass a waiver of my of the terns
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller, and Box Purchaser huff miee that in actual aromatic practice, wriffa mges resulting From mrirast
include. not in fuel borne by tM Purchaser. Theretofore, far goad woe and res mnsideotion fur executing Nis
purchase order, the Sella hereby assigns to she Purchaser any sand all clams it may row have m bereafter
inquired under federal or stare mtittmt lows for such overcharges relating Ins the particular goad m services
Maimed or inquired by the Purchaser pursuant to Nis purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to comet nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Sella, and the Sella thereafter indicates its inability or unwillingmss to comply, the Purchaser
may cause des work to M performed by the most expeditious means available to it, and the Sella shall pay all
costs assmiatcd with such work.
The Sella shall release the Purcheser and its c ambers of any tiff farm all liability and claims of any mtere
resulting firm Be perfomanre ofsuch work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
direnors, officers and employees of such may.
The Sellers.mractml obligations, including warranty, shall not M der.ed to M reduced, in my wag because
such work is pert ed or caused. be, performed by the Purchurcr.
14. PATENTS.
Whcneva thc Seller is aquired to use any design, device, material err process covad by letter, patent, trademark
r copyngN, the Seller shall indemnify and save harmless the Purchaser fmm 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 Purchua for any cost, expense or damage which it may M obliged to pay by reason ofsuch
infringement at any time during the prosecution m after me complains of the work. In case said equipment, or
my pan thereof or the intended cone of tM goad, is in such suit held to constimee infringement and the use of
said equipment m pan u enjoined, the Sella shall, at its own expense and at its option, either procure for mM
Purchaser the right to continue in, said emipmmr or pans, replace me same with mlefiftially ryml bur
onirdringing equipment, or modify it $o it becomes nanwfringing.
15. INSOLVENCY.
If me Sella shall became insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
receiver or mime for any of the Sellers preparry or Entrusts, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions ofterms men m me interpretation ofthe agreement and me rights of all parties hereunder shall M
construed soda and gave.ed by me laws ofthe Staze ofColomdo, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including theservices of Sellers Repmsenutivjs), ern the premises dothers.
12. SELLERS RESPONSIBILITY.
The Sella shall carry on said work at Sellers own risk until the same is fully compleed end accepted, and shall,
rase of any accidem, desvucdon or injury to the work a dtm materials before Sellers final ..platen and
acceptance, complete the weak in Sellers own exclaim, and to Nc satisfaction of me Purchaser. Wben materiels
and equipment . finished by others for installation or ,action by Be Seller, the Seller shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials and/or equipment
were being famished by the Sella under the order.
18. INSURANCE.
The Sena shall, at his own expense, provide for the payment of workers compensation, including o.uwtioml
disease Msefts, or its employas employed on or in comecrim with Ne wok covered by this purchase oiler,
andror to their depadents in accordance with the laws of the state in which the wale is to be done. The Sella
shall sl.w cunt' compreliffesive general liability including, but nor limited to. com corned and automobile public
liability insurance wim burbly injury and death limits of at ],.I 5300,000 for any one person, $500,000 for my
one accident and property damage limit per accident of S400,000. The Sella shall likewise raluire his
contractors, if any, to provide far such compensation and insurance. Before any of the Sellers or his contractors
employees shall do any wok upon me premises of others, me Seller shall fmdsh are Pmchasa wim a certificate
shot such confirmation and insurance have been provided. Such reaffiwa shall specify the date when such
cwm--mm and insurance have Men povided Such -air.. shall specify she date when such compeer lion
end insurance expires. The Seller agrees drat such compensation and insmavice shall Maintained unfit after Ind
.tire wok is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby sssumes the entire responsibility and liability for any and all damage, loss or injury mfany kind
or mare whatsoever to persons or primary caused by or resulting fmm the exe.tion of me work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold hammless the Purchaser and my
or all of Bar Purthsscrs officers, ,gam ad employees tram and ngairst any rind ell claims, lases, damages,
chugs art expenses, whether direct or indirect, and whether to persons for property to which the purchaser may
he put or subject by reason of any act action, neglxt, omission art default m the pan of the, Sena, my of his
conracors, or my of the Sellers or contractors officers, agents or employees. In case my suit or other
proceedings shall M brought against the Furtherer, or is officers, agents or employees at any time on account or
by reaon of any set, action, neglect, omission or default of the Seller of my of his contractors or my of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof end to
defend me some at the Sellers own expense, no pay any and ell costs, charges, attorneys fees and other expense;
my and all judgments that very be incurred by or obtained against the Purchaser or my of is or men officers,
agents or employers in such mils err other poceed'.g, and to case judgment or mher lien be placed upon or
clomed against the Popery of the Purchaser, or said panirs in or as a result ofsuch suits or other paceedirep.
the Seller will in once came the same f be dumlved and discharged by giving bond at otherwise. The Sella and
his contmcmrs shall take all safety precautions, fam¢M1 and usual all guards necessary, for me laureation of
accidents, comply with all laws and regulations wim regard to safety including, but without limitation, the
Occupational Safety and Hesm Act of 1920 and all rules and regulations issued pursontthereto,
Revised 02/a014