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HomeMy WebLinkAbout480663 SMITH FERTILIZER & GRAIN COMPANY INC - PURCHASE ORDER - 9150191Fort Collins Date: 01/12/2015 PURCHASE ORDER Vendor: 480663 SMITH FERTILIZER & GRAIN COMPANY INC 702 E JASPER PLEASANTVILLE IA 50225 PO Number Page 9150191 1012 This number must appear on all invoices, packing slips and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 01/12/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 2015 DEICING MATERIALS 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. 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 50, 000.00 Total $50,000.00 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. CO.M,MERCIALDETAILS. Tax exemptions. By stazme the Ciry o(Fon Collins cis mempr fwm sate and local Iixes. Our Exemption Humber is 11. NONWAIVER. 99-04502. Federal Excise Tax Exemption Certificate of Regises, 94-6000597 is registered with the Collector of Failure of the Purchaser to my % upon strict Performance or the teams and conditions hareof, failure or delay to formal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies prodded herein or by law, fall ore to promptly notify the Seller in the went of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Cmodg Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due in defects of any of the wvranties or obligations of this purchase order and slid] not be deemed a waiver of any night of Ile damage in transit may be returned to you for credit and are not to be replaced except upon receipt of wnnen purchaser to insist upon strict performance hereof or any arms nights or remedies as to any such goods, regardless instructions from the City of Fan Collins. of when shipped, received or accepted, a 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 name Inspection. GOODS are subject to the City of Fan Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services r equipment in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. audwnuE payment on the part of the Ciry of Fon Collins. However, it is to he undemood for FINAL Seller and the Purchaser neopim that in actual economicpractice, overcharges resulting from antiuust ACCEPTANCE is dependent upon completion of dl applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for goad coup, and as condemnation for cremating this purchase codes, the Seller hereby assigns w the Purchaser any and dl claims it may now have or hereafter Frcigln Terms. Shipments coma be ED B., Cry of Fort Collins, 700 Wood St. Fon Collins, CO 90522. unless acquired under fedcrd or sled, antitican laws for such overcharges rcleding to the pmucc ar goads or services otherwise specified on this order. If permission is Rican to prepay freight and ehmge separately, the original freight porchased or arquired by the Purchaser pursuant to this puchase order. bill most accompany invoice. Additional charges for packing will net be accepted_ Shipment Drnance Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest dsodomon point to destination, and excess freight will be deducted from Invoice when shipments are made form greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, cenificates and licenses required by all applicable laws, regulations, ordinances and cola of the state, municipality, territory or political subdivision where the work is performed or required by any other duly mostiound public authmity having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless fmm and agaiast all liability and loss incurred by them by reason arm ex erred or eaablishN violation of any such laws, regulations ordinances, rules and negrrirements. Authorivtion. All pasties to this cmtract agree then the repraentativa are, in fact was fide and posses fall and complete wthonry to bind said pales. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions voted herein set foM and any supplementary or additional toms and conditions annexed hereto or incorporated herein by reference. Any additional or different erms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT Immediately if you cannot make complete shipment to arrive on your promised deliverydate as noted. Time is of the essence. Deliveryand performance must be effected within the time stared on the purchase order and the documents atached hereto. No acts of the purchasers including. without Irovitation, acceptance of partial late deliveries, shell operate as a waiver of this provision. In the even of eny delay, Ile Purchaser shall have, in addition toother legal and egwtable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shill not be, liable for damages as a result of delays due to causes not teaxnably foreseeable which are beyond its reasonable normal and without its fault of negligence. such acts of God, acts of civil or military radiances. governmental poppies. fires, strikes. Bond epidemics, wars or moss provided that notice of the conditions causing such delay is given to the Porringer within five (5) days of the time whim the Seller first received knowledge therm( In the event of any such delay, the date of delivery shill be extended for the period ¢hail to the time scrudly Ion by ra. of the delay. 3. WARRANTY. The Seller warrants that all goods, ankles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptors 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 ..tare. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or inew on =count of the Sellers breazh of wananry. The Seller and replace, repair or make gaud. without cost to the purchsser, any defects or farts arising within one I11 year or within such longer period of time m may he presmbed by law or by the arms of any applicable warrant, provided by the Seller after the date of acceptance of the goods famished hereunder (accepaace act to be unreamnsbly delayed), resulting from imperfect or defective work done or matenals famished by the Seller. Acceptance or up, of goods by the Purchaser shill not cotstitute a waver of my claim under this warranty. Except in whetwrse provided in this purchase order, the Sellers liabil t, hereuruler shall extend to all damages pmximuely caused by the breach of any of the foregoing warwces or guarantees, ben such liability shill 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 terms by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes w the temrs, other than legal terms, including additions to or deletions fmm the quantities originally ordered in the specifications or drawings, by verbal or wrinw change order. If my such change aliens the amount due or $e time of performance hereunder, an equitable adjustment shill be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, comment, do, agreement as to any or all portions of the goods then not do psf subject to my equitable adjuwnwt between the adi. es to my work or materials then in progress provided that the Purchaser shall not be liable for any down for anticipated profits on the uncompleted ,onion of the goods ands« work for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect w my Studs which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. Z CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the data the change or terammu on is ordered. g. COMPLIANCE WITH LAW. The Seiler warrens that all goods sold hereunder shall have bees produced, sold delivered and famished in vain compliance with all applicable laws and ,Won. to which the goods are subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations nox,m d to be incorporated in agreements of this character are hereby rncomomted herein by this reference. The Seller agrees W indemnify and hold the Purchaser harmless from ill costs and damages suffered by the Purchaser is a result of the Sellers failure ro comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the prior writer consent of the other parry. 10 TITLE. The Seller warrants full, clear and unrestricted tide to the Purchaser for all rquipment, materials, and items famished in performance of this agreement free and clear of any and ill firm, restrictions, reservations, security interest encumbrances and cfarms ofothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to mnect nonconforming or defective goods by a time to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inabi lit, or unwrllopess to comply. due Purchaser may cause the work to be performed by the most expeditious means available to it and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any her from all liability and claims of any nature resulting from the pembarrasses of such work. This release shill apply even in the event of fault of negligence of the party released and shall island w the directors. officers and employee airports party. The Sellers conrectuoa obligations, including warrwry, shdl not be, deemed to be reduced in any may, because such work is performed or eaased to be performed by the Pmchxser. 14. PATENTS. Whenever the Sellar is required to use any design, device, mmmrd or process covered by Into, patent..darark r copyright, the Seller shall indemnify and save harmless the Purchaser how 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 rise 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 the work. In case said equipment or any pan thereof or the intended we of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shill, at its own expense and an its option, either procure for the Purchaser the night to continue using said equipment or pans, replace the move wrth suerpromdly egad but noninfinn&erg murpmav, or modify it so it becomes oonrndvil 15. INSOLVENCY. If the Seller snarl become insolvent or bankrupt make an ess,.I for the thwart of creditors, appoint a vacriveT or tarawe for any of Ile Sellers propem or business, this order may forthwith be, canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of tams used or the interpretation of the agreement and the rights of all parries hereunder shall be construed under and governed by the laws arrive State of Colorado, USA. Ile following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represemarrvefs), on the pre cries of others. I). SELLERS RESPONSIBILITY. The Seller shall carry on sand work ad Sellers own risk much the same is fully convicted and accepted and shill, in cox of any accident destruction or injury to the work ani materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When marrieds and equipment are famished by others for installation or erection by the Seller, the Seller shill receive, m load. store and handle same in the site and become responsible therefor as though such materials author component were being famished by the Seller under the order. 19 INSURANCE The Seller shall, m his own expense, provide for the payment of workers compensation, inducting occupational disease benefits, to is employees employed on or in connection with the work covered by this '-crave order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive generd liability including, but not limited to, mmracrud and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, $500,000 for any one accident and peppery damage limit Per accident of 5400,000. The Seller shoal likewise require his convacte , if any, w pmdde for such compensation and insurance. Before any of the Sellers or his customers employees shill do any work upon the premises ofothers, the Seiler shall fumiah the Purchaser with a cedficate that such mnmpawacon and insurance have them provided. Such codficotes shall specify the "a when such compensation and insurance have been provided. Such cedf rasa shall specify the date show such coweve lion and insurance expires. The Seller agrees that such compereavon and insurance shill be mdndned mtil after the more work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller, hereby assumes the entire responsibility and Inability for any and all damage, loss or injury army kind or nature whatsoever to persons or propmy caused by or resulting form the execution of the work provided for in this purchase order or as connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees fmm and against my and all claims, losses, damages, charges or expmses, whether direct or indirect and whether to persons or property, to which the Purchaser may be put or subject by reason or my such action, neglect omrsm n or default on the pan of the Seller, any of his contractors, or my of the Sellers or contractors oFcers, agents or rmployees. In cox any sent or other procenclop shill be brought against the Purchaser, or its officers, agents or employees at any time an account or by a. of any set mi neglect, omission or default of the Seller of any of his contactors or any of nits or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, he pay any and ill con, charges, anam,, fees and oiler expenses, my and all judgments that may he incurred by or obtained mai rst the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lim be placed upon or obtained against the property of the Purchaser, or said parties in or are a result of such suits or other proceedings, Ile Seller will at once cause the same to be dissolved and discharged by giving band or otherwise. The Seller and his contractors shill take all safety precautions, famish and instal all guards necessary for the prevenow of ccidents, comply with all laws and regulations with regard m safety including, but without limnutoo, the Occupational Safety and Health Act of 1970 and all pales and regulations issued pursuant thereto. Revised 07/2014