HomeMy WebLinkAbout109447 INDEPENDENT SALT COMPANY - PURCHASE ORDER - 9150153City of
Fort Collins
Date: 01/09/2015
PURCHASE ORDER P 456153umber Page
9150153 lofz
Vendor: 109447
INDEPENDENT SALT COMPANY
PO BOX 36
KANOPOLIS KS 67454-0036
This number must appear
on all invoices, packing
silos and labels.
Ship To: STREETS DEPARTMENT
CITY OF FORT COLLINS
625 NINTH STREET
FORT COLLINS CO 80524
Delivery Date: 01/09/2015 Buver: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 8000 TONS SALT @ $62.94(rN
per terms and conditions of bid 7541
2 De-icing Supplies
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 188,820.00
1 LOT LS 314.700.00
Total $503,520.00
Pay terms net 30 days
I
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 statute the City of TOM Collins is exempt from state and local tax s. Our Exemption Number is
11. NONWAIVER.
9"502, Federal Excise Tax Exemption Cmificam of Registry M-600O587 is registered with the Collector of
Failure of the Purchaser to boost upon strict performance of the renal end conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref Cogamdo Revised Smftes 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
branch, the acceptance ofor Payment far goods hereunder or approval fthe design, shall not release the Stiles of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
any of the warranties of obligations of this purchase order and shall not be deemed is waiver of any right of the
damage in smash, may he returned to you for credit and are not to be replaced except upon receipt of written
purchaser m insist upon strict performance hacofor any of its rights a mmedics m to any such goods, regardless
instructions f the City of Fort Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, we shall any purported
oral modification or rescission of this p rn haze order by the Purchaser operate as a waiver of my of the terms
Inspection. GOODS ore subject to the City of Tom Collim impaction on arrived. _
hereof.
Fred Acceptance. Receipt of the merchandise, services or equipment in response to this order can resin in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authored payment on the part of the City of Flat Collim. However, it is m be understood that FINAL
Seller ad the Purchaser rmogerse Wit in actual maccontic practice, overharges resulting from national
ACCEPTANCE is dependent upon completion of all applicable required impaction peccadilloes,
violations art in fact borne by the Farchas, Theretofore, for good Corti eml as considamio r for executing this
purchase order, the Seller hereby assigtss to the Purchaser my and all claims it may now have or bersider
Freight Teems. Shipments must be F.O.B., City of Fart Collins, 70O Wood St., Don Collins, CO 80522. unless
acquired it, federal or state anthem, laws fan such overcharges reli fing 10 the Partial. grads a services
otherwise specified on this order. If Pmnission is given to prepay, freight and change separately, the original freight
purchased or acquired by the Purchaser pursuant to Wis purchase order.
bill must mcompaov invoice. Additional charges for packing will not be accepted.
Shipment Diwarc, Where mainufamplax hove dsributing points in varbers parts of the country, shipment is
expated from the pannat distribution point to destination, and excess freight will he deducted fmm Invoice when
shipments are nude from greener dsturue.
Permits. Seller shall procure at sellers sole rase all mresvry pennim, sur ificates and licenses required by all
applicable lawn, regulations, ordimaes and rates of the stale, municipality, temmry or political subdivision where
the wank s Performed, or required by my odun duly consumted public authority havingjurisdiction over the walk
of vendor. Sella farther agrees to hold he City of Fun Collins harmless from and againl all liability and loss
incurred by man by reawn of an assured or established violation army such laws, regulations, ordirunces, roles
and requirements.
Authorization. All panics m this contract name that me representlowas are, in fact, bona file and possess fall and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms ad condition slated
herein set forth and any supplementary or additional terms and mnditiom annexed hereto or incorporated herein by
reference. Any additional or different teases and conditions proposed by sills am objected to and hereby jested.
1. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your
promised delivery date as Poled. Time is of the essence. Delivery and performance must be effected within the time
stated on the purebam order and the documents munched harem. No acts of the Purchasers including, without
limitation, acceptance ofpanial Imo deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition m other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall sot be liable for damages as a result of delays
due to souses not reasonably foreseeable which we beyond its reasonable antral and without its fault of negligence,
such acts of God, acts ofeivil or military authorities, governments[ priorities, fires, strikes, flood, epidemics, wars or
riots provided fm notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for the pmd equal to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conferral with applicable
drawings, specifications, samples and/or other dewriptions given, will be fit for We purposes intended, and
performed with the highest degree of care and competence in accordance with accepted similar& for work of a
similar nature. The Seller agrees to hold the purchaser hnrmlas from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without east to the purchaser, my defers or faults arising within one (1) year or within such longer period of
time ss Only be p wmnbed by law or by the mines army applicable warranty provided by the Seller after the date of
cmprantt of the goods parishes] hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials furnished by the Seller. Acceptance or use of goad by the Purchaser shall net
cortmurte a waiver ofany claim under this warranty. Except m otherwise provided in this purchase order, the Sellers
liability hereunder shall amend m 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 Warns by wnaen change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchasr may make any changer to the masts, other than legal terms, including additions to or deletion fmm
me quantitio originally ordered in the spaiflmtions or drawings, by vual or written change order. If any such
change areas the amount due or the time ofix rformmce humande . an equitable adjustment shall be made.
6-TERMINATIONS.
The Purchaser may at any time by women change about, terminate this agreement res to any or all portions of fie
good then not shipped, subject to my equitable adjustment between the pmie w to my weak or no maU then in
progress preened that the Purchases shall not he liable for my claims for anticipated profits on the uncompleted
portion of the goods andsor work, for incidental or ctnsequential damages, oral for no such djustment be made in
favor of the Seller with respel m my goads which are me Sellers standard stack. No such maturation shall relieve
the Purchaser or the Seller army ftheir obligations as to any good delivered hereander.
T. CLAIMS FOR ADJUSTMENT.
Any claim for edjturmmt most be warmed within thirty (30) days wan do, date the change of termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all good sold hereutner shall have been produced said, delivered ad farmland f some,
compliance with all applicable laws ad regulations or which the good are mbjcct. The Sella shall execute ad
deliver such daummts as may he required to affect or evidence compliance. All laws and regulations rryuird to be
incopomted in nuteemmts of this character are hereby incorporated herein by this refereare. The Sella agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a mull office
Sellers failure m comply with such law.
9. ASSIGNMENT.
Neither party shall resign, namfer, or convey this order, or my modes due or w become due herader without the
prior written consent ofthe other pray.
10, TITLE.
The Sella wormers full, clear and unrestricted title to the Puro mer for all equipment, arterials, and it. finished
in performance of this agreement, free ad clear of my and all liens, rcsnictimts, rscre ations, securiry racial
mcumbmn<e and claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
tribe Purchaser direct We Seller to correct oonconf ng or defective goods by a&te to be agreed upon by the
Purchaser nail me Seller, and the Seller thereafter indicates its liability or unwillingness to comply, the Purchaser
may cause the work to be performed by the mast expeditions means mailable to it, ad the Seller shall pay all
coal associated with sash work.
The Seller shall release fe Purchaser ad its wntractors of any fies form all liability and claims of my nswre
resulting fmm the pertfmre of such work.
This release shall apply even in the event of fault of negligence of the parry ndeased and shall extend w the
due., aRcas and employees of such party.
The Sellds cwnmaaml obligations, including warranty, shall not be domed to he reduced, in my way, because
such walk is performed or caused to be perfomred by the Purchaser.
14. PATENTS.
Whenever the Sella is required muse my design, device, material or process woad by letter, patent, padamrk
or copyright, the Sella shall indemnify and save harmless the Pttrehma fmm any ad all claims for infringement
by reason of the use of such pmmtd design, device, material or Process in connection with the contract, and
shall indemadfy the Purchaser for my cost, expense of damage which it may he obliged to pay by reawn Primal
infringement at any time during the prosecution or after the completion of the work. In case said equipment, or
any pan thereof or me interacted use of me good, is in such suit held m constitute infringement and the use of
said equipment or pan is annuitant, me Seller shall, at its own expert¢ and at its option, either procure for the
Puchaer the night to continue using said equipment or pans, replae the some with substantially cgml but
noninfHnging equipment, ar modify it so it becomes mminfringing.
IS. INSOLVENCY.
If the Seiler shall become insolvent or badrmpt, make an assignment for the benefit of creditors, appoint a
receiver or wumee for my of the Sellers rummy or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions Plenum used or the interpretation of the agreement and the rights ofall parties hereunder shall be
construed under and governed by the laws ofhe State of Colorado, USA,
The fallowing Additional Conditions apply only in cases where the Seller is W perform work hereunder,
including the services of Sellers Represenmtive(s), on the premises of others.
IT SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk until the same is fully completed and ancepad, and shall,
in case of any accident, destruction or injury m the work and/or materials before Sellds final completion and
acceptance, complete he work at Seller's awn expense and to me satisfaction of the Purchaser. When manned,
and equipment are burnished by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials ad/ar equipment
were being f iched by he Seller under the order.
18. INSURANCE
The Seller shall, w his own expense, provide for the payment of workers compensation, including Occupational
disease benefits, to its employees employed an or in camecticin with the work a verd by this purchase order.
and/or to tbeir depandents in accordance with the Uses of the slate in which fie work is to be done. The Seller
shall also carry comprehensive general liability including, but rat limited to, contractual and automobile public
liability insurance with bodily injury and death limits of at kat 5300.000 for my one person, 5500.000 for any
one accident and property damage limit per accident of 5400,000. The Sella shall likewise require his
carim—Pun, if any, to provide fan such mmpemmlon and insurance. Ref any of the Sellers or his contractors
employees shall ho any walk upon the premises of others, the Sella shall f ish the Parelaser wit a cerrif¢at,
that such compensation and insurance have bean Provided, Such certificate shall specify the date when such
compensation and imutmce have been providd. Such anifcala shall spent' the date when such compensation
and insutmce expire. The Sella agrees Thar such compy Comm. and imumnee shall be maintained until after the
mines work is mmplail and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assume fie more responsibility ad liability fan my real all damage, loss or injury army kid
or nature whatsoever to persons a property round by or resulting fmm den execution of the work provided for in
this purchase order a in connection herewith. The Sella will indemnify and hold harmless the Purchaser and any
or all of the Purchasers officers, agena and employees from end again, my and all claims, gasses, damages,
charges or expenses, whether direct or indirect and whether to persona a property to which the Purchaser may
be par or subject by reawn of any act, action, neglect, omission or default on the part of the Seller, any of has
contractors, or my of the Sellers or contractors officers, aperm or employers. In tux my suit or what
proceedings shall be brought against the Functional, or its oMe., agents or employees at my lime ob eaamt or
by reason of my an, I, action, nadw, , omission or default of the Seller of my of has contractors or my of its or
heir officers, agents a employees ss of said, the Seller hereby agues to assume the defense hereof and m
defend he scone in the Sellers owns expense, to pay my and all costs, charges, ettomrys fees ad other expenses,
my and all jdgmenrs that maybe incurred by or criminal against the Pumhmer or my of its or their officers,
agents or employees in such suits or other proceedings, ad in can judgment or other lien be placed upon or
obtained against the property of the Prommia, or said parties in or re a result of such suits a other pl acdings,
the Sella will at once cause me same to be dissolved ad fwlaOgd by giving bod or otherwise. The Seller and
his contractors shall sake all safety precautions, famish and install all guards nmessary for me 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 roles and regulations issued Forward herew.
Revised m2014