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HomeMy WebLinkAbout129687 TRI-STATE COMMODITIES - PURCHASE ORDER - 9150192Fort Collins PURCHASE ORDER PO Number Page 9150192 1 of 2 This number must appear on all invoices, packing sli s and labels. Date: 01/12/2015 Vendor: 129687 Ship To: STREETS DEPARTMENT TRISTATE COMMODITIES CITY OF FORT COLLINS 1312 N 7TH AVE 625 NINTH STREET GREELEY CO 80631-9569 FORT COLLINS CO B0524 Delivery Date: 01/12/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Ordered Extended Price i 2015 DEICING MATERIALS 1 LOT LS 6,000.00 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 Total $6.000.00 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fon Collins is exempt fmm state and local taxes Our Exemption Number is 98-WS02. Fedea1 Excise Tax Exemption Cerificam of Registry 84fiVU0597 is registered with the Collector of Internal Revenue, Deaver, Colorado (Red Colorado Revised Statures 1991, Chapmr J9-26. 114 (a). Good Rejected. GOODS REJECTED due to former as mad specifications, either what shipped or due to defects of damage in transit may be returned to you for credit and are not w he replaced except upon receipt of without marmarm s from the City of Fan Collins. Inspection. GOODS are subject to the City effort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, se r equipment in response w this order can r ormt in amhorired payment on the part of the City of Fall a Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms Shipments must be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless otherwise spairied on this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will rot be accepted. Shipment Distance. Where manufacturers have distributing points in sous parts of the country, shipment is expected from the nearest distribuntiopoint to destination, and excess freight will he deducted from Invoice when shipments are made fmm greaser distance. Permits. Seller shill procum w sellers sale war all necessary permits, cenifiutes and licenses required by all applicable law, regulations, ordinances and rulas of the sate, mwucipali e, wmwry or political subdivision where the work is performed, or required by my other duly constituted public authonry having jurisdiction over the work of vendor. Seller fuller 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 my such laws, regulations, ordinances, roles and requirements. Authorisation. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance ro the terms and conditions stated herein set foM and my supplementary or additional terms 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 delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time stated on the purchase order and the decumants lowered hereto. No en of the Parlours including, without limiuuon, acceptance of partial Imo deliveries, shall Operate as a waver of this provision. In the event army delay, the Purchaser shill have. in addition to other legal and equitable «nhedies, the option of plamng this order elsewhere and holding rho Seller liable for damages. However. the Seller shill rim be liable for damages as a result of delays due to causes rim reasonably foreseeable which are beyond is fiamnable conic[ and without its fault of negligence, such acts of Gad, acts of e,%il or military amhonues, govemmmW priorities, fires, strikes, flood epidemic, wars or nots provided than notice of the conditions causing such delay is given as the Purchaser within five (5) days of the time whin the Seller first received knowdcage thereof. In the event of my such delay, the dare of delivery shall be extended for the period equal to the time actually lost by reason of the delay, I. WARRANTY. The Seller warren¢ that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples mdbr other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance wish accepted standard for mark of a Psimilar nature. The Stile agrees t0 held the purchase harmless from any loss. damage or expense which the urchaser may suffer or incur on account of the Sellers breach of warranty. The Stile shall replace, repair or make good, without cast to the pumfol any defects or faults raising within one (1) year or within such longer period of time as may be prescribed by law or by the terms army applicable warrmry provided by the Seller after the date of acceptance of the goad furnished hereunder acceptance not to he unreasonably delayed), resulting from imperfect or defcative work done or mameils material by the Seller. Acceptance or use of stand by the Panful shill not consulate a waiver of my claim under this mora . Except as 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 ..a.ea or guarantees, but such lio uliry shall in no event include lass of profits or loss cruse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FFINESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchazer may make changes to legal terms by wdhen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions w or deletions from the mainctursmR.mally ordered in the specifications ar drawings, by carnal or cosine. change order If my such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrinm change order, terminate this agreement as to any or all Ponions of the goods that not shipped, subject to my equitable adjustment between the ponies as to my work or materials than in progress provided that the Purchaser shrill not be liable for any claims for anticipated profits on the uncompleted ,anion of the good andror work for incidenml or consequential damages, and that rw such adjustment be made in favor of the Seller with respect to any goods which are the Sellers warrant stock. No such rerminanon shill relieve the Purchaser or the Seller of my of their obligations as to my good delivered hereunder T. CLAIMS FOR ADJUSTMENT Any claim for adjustment most be assured within thirty (30) days from the daze the change or termination is ordered S. COMPLIANCE WITH LAW. The Seller wrens thar all goods mid hereunder shall have been produced, sold, delivered and famished in stun compliance with At applicable lawn and regulations m which the good are subject. The Seller shall execute and deliver such documents as maybe required to effector evidence compliance. All laws and regulations required w be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees w indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shill assign, transfer, or convry this order, or my monies due or or became due hereunder without the ,nor main consent art, other party. 10, TITLE. The Seller warrants furl, clear and nominated title or the Purchaser for all equipment materials, and iron famished n parlimparrance of this agreement, free and dear of any and ill liens. restncrous, reservations, mainly interest mcambrana and claims ofothers. 11. NONWAIVER Failure of the Purchaser no insist upon strict Perfomunce of the terms and conditions harm( failure or delay to exeraim any rights or remedies provided herein or by law, firlose as promptly tatty the Seller in the event of a brach the accryrance ofor pavmmt for goods hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shill not be deemed a mixer of any right of the purchaser to insist upon shin Performance hereof or my of its rights or remedies as to any such good, regardless of when shipped, reserved or acceped, as to my poor or subsequent default Formal nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser reacquire that in actual economic practice, overcharges resulting from natural, violations are in fact home by the Purchaser. Theretofore, good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and ill claims it may now have or hereafter acquired under federal or stare contrast laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuanno this purchase order. Id. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller w coned nonconforming or dermal good by a daze to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness ro comply, the Paschal may cause the work o be performed by the most expeditious meets available or m and the Seller shall pay all roses aessaimel with such work The Seller all release the Purchaser and its conracors of any tier from all liability and calms of any nature ,.me., from the performance of such mark. This release shell apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees of such parry. The Sands anaucmal obligations, including warrmry, shall not be deemed as be reduced, in my way, because such work is performed or caused to be performed by the Purchaser. I4. PATENTS. Whenever the Seller is required to use any design, device, materil or process covered by lever, patent trademark or copyright she Seller shill indemnify and save harmless the Purchaser fmm my and all claims for infringement by reason of the me of such parented design, device, material or process in connection wish the contract, and shall indemniy she Purchaser far my cost, expanse or damage which is may be obliged or pay by reason of such infringement at any time during the pmmcmion or after the mmplmmn of she work. In case said equipment or my pan therm( or she intended use of the goad, Is in such suit held to anstlsme infringement and the me of said equipment or pan is enjoined the Seller shall, as is own expense and at is option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment or modify it an is becomes nownGngang. 15, INSOLVENCY. If the Seller shill become insolvent or bankrvpr, make an assignment for the benefit of crediwrs, appoint a receiver or postal, for my of the Sellers property or business, this order may forthwith be canceled by the Purchaser withom liability. 16 GOVERNING LAW. The definitions attains used or the interpretation of the agreement and the rights craft parties hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on the premises workers. 17. SELLERS RESPONSIBILITY. The Seller thil1 eery on said work at Seller's own risk ma] the same is fully completed and ecce, rid, and shall, in am of my accident destmcuon or injury to the work and/or marencs before Seller's final completion and compomnce. complete the work in Seller's own expense all w the summation offe Purchaser. When maunils and equipment are famished by inners for installaum or eccuon by the Sells, she Seller shall receive, unload Store and handle same 9 the sue and become responsible therefor as though such materials and/or equipment were being fumithed by the Seller order the order. IS. INSURANCE. The Seller shill, at his own am ease, provide for the payment of workers compensation, including occupational disease benefq or its employees employed an or in connection with the work covered by this purchase order, and/or to their dependents in commence with the lawn of the some in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least Aoo,000 for any one Person, 8500,000 for any one accident and property damage limit per accident of $400,000. The Seller shill likewise require his contractors, if any, to provide for such compensation and insuran ce . Before y of the Seller or his contractors employees shall do my work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such catimcates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expire. The Seller agrees that such comperrsation and inxwance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes We more responsibility and liability for my and all damage, lass or injury army kind or nature whars«ver to perform or property caused by or resmung from the «emuan of the work provided for in this purchase order or in combustion herewith. Tha Seller will indemnify and hold hamdma the Purchaser and my or all of the purchasers officers, agents and employees from and mairea any and all claims, losses. damages, charges or expenses, whether direct or indirect, and whether to persons or property m which the Purchaser mry be put or subject by reason of my act anion, neglect, omission or defmlt on the pan of the Seller, my of his contractors, or my of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees in my time an account or by mum of any act suction, neglect omission or default of the Seller of any of his contractors or my of its or their officers, agents or employees is aforesaid, the Seller hereby agree to assume the defense thereof and to defend sire same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, my and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lire be placed upon or obtained against the property of the Purchaser, or said panics in or m a result of such suits or other proceedings. the 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 instill ill guard necessary for the prevention of sccidmts, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rule and regulations issued pursuant thereto. Revised 072014