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HomeMy WebLinkAbout117666 MISSISSIPPI LIME CO - PURCHASE ORDER - 9150381Fort Collins Date: 0111512015 PURCHASE ORDER Vendor: 117666 MISSISSIPPI LIME CO 3870 S LINDBERGH BLVD SUITE 200 ST. LOUIS MO 63127 PO Number I Page 9150381 1of2 This number must appear on all invoices, packing slips and labels. Ship To: WATER TREATMENT PLANT #2 CITY OF FORT COLLINS 4316 W LAPORTE AVE FORT COLLINS CO 80521 Delivery Date: 01/15/2015 Buver: PAT JOHNSON Note: Line Description """""`y UOM Unit Price cmenueu Ordered Price 1 2015 BLANKET PURCHASE ORDER FOR CALCIUM HYDROXIDE 1 LOT LS 150,000.00 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. $243.65/TON DELIVERED TO THE FORT COLLINS, COLORADO WATER TREATMENT FACILITY. VENDOR WILL FOLLOW: SOP FOR THE PURCHASE OF SPECIAL ROTARY HYDRATED LIME. jury(114 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 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collin is exempt from stale tad local taxes. Our Exemption Number a 98-W502. Federal Excise Tax Exemption Carfare of Registry 84-601 is registered with the Collector of Internal Revenue, Deaver, Colorado (Ref. Colorado Revised SNmtce 1973, Chapter 39-26, 114 (a). Good Rejected. GOODS REJECTED due m failure an meet specification, either when shipped or due m defers of damage in transit, may be mumed to you for credit and art not m he replaced except upon receipt of wrinen instructions Item the Cary of Fort Collin. Inspection. GOODS art subject to the Ciry of Fon Collin impaction ce arrival. Final Acceptance. Receipt of the merchandise, service, or equipment in msparse to this order can result in authonaed payment on the pan of the City of Too Collins. However, it is as be understood Nat FINAL ACCEPTANCE is depndem upon completion ofall Wilieable a vi inspection procedures. Freight Terms. Shipments muss he FOR, City of Too Collins, 700 wood St., Fort Collins, CO 80522, unless otherwise specified on this order. If pmnibe ion is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for making will not be accepted. Shipment Dastame. Where manufacturers have demanding points in various puts of the car. , shipment as expected fmm the nearest distribution point to destination, and excess freight will he deducted from Invoice when shipments me made fmm great,, distance. Permits. Seller shall procure at sellers sole cost all mceamry permits, califiat. and liemes adored by all applicable laws, regulations, ordinances and roles of the sure, municipality, emery or political subdivision where me work is Performed, or canard by any other duly constituted public authority having jurisdiction over the work alveolar. Seller Form, agrees 1. hold the City of Fort Collin haemlke, from and again' all liability and lass incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, mles audmquacmen6. Authorisation. All Pintas to this contract agree that the "resenmtaves are, a fact, bona fide and palmist full and complete authority se band said panics. LIMITATION OF TERMS. This Purchase Order expressly limi6 acceptance to me hams and condition shred herein set fired and any supplementary or additional It. red condition amrexed hereto m incorporated herein by reference. Any additional or different terms and conditions Imposed by seller are objected to and hereby rejated. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to anive on your promised delivery date. noted. lame is of the essence. Delivery and perfommnce most be elTecred within the time stated on the purchase order and the documents attached harem. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate w a winter ofthis provision. In the event ofany delay, the Purchaser shall have, m addition to other legal and climactic remedies, the option of placing this order elsewhere and holding fin, Seller liable for damages. However, the Seller shall not be liable far damages as a all of delays due to.osa tut reasonably Foreseeable which ere beyond au..Me control and without its fault afre,bilega, such tuts of God, acts ofcivil or military authorntaa, governmental priorities, fits, strikes, flood, epidemics, wars or rats provided that notice of the conditions causing such delay ev Rival to the Purchases within five (5) days of the tame when the Seller fail received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time scantily last by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this enter will conform with applicable drawings, specifications, samples and/or other descriptions given, will the fit for the purposes attended, and perforated with Re highest degree of care and competence in accordance with accepted standard for work of a similar a.. The Seller am,,, to hold Re purchaser hvmless fmm any loss, damage or expense which the Purchasu may sufferer incur on account of the Sellers breach of warranty. The Seller shall replace, reporter make good without cost to the modaser, any defects ar faults arising within one (1) year or within such longer period of time as may be, prew fled by law or by the ems of any applicable warranty provided by the Seller after the date of acceptance of the good famished hereunder putrefactive ma to be uamsnwbly delayed), mulling from impinged or defective work done or nationals famished by the Seller. AloWenee or use of good by the Purchaser shall not common, a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, We Sellers liability becommor shall extend 1p all damages proclaimed, muted by the breach of any of the Rosining anomalies or guamnroa, but such liability shall in no .at include loss cafprefits 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 Purchereser may make any changes to the terms, other Ran legal reran, including ndditi ns to or deletion from Re momifies originally ordered in the specifications or drawings, by verbal or wrinen change order. If any such change afrects the amount due or the time of performance hereunder, an stateside adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrinen change order, terminate this agreement as to any or a0 gainers of the goods ten not shipped, subjm to any ameble adjustment between the plies as to any work or materials then in progress provided that the Purchaser shall not he liable for any claims for anticipated profits W the uncompleted portion of the good rawa, work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect o any good which me me Sellers standard stock. No such termination shall relieve the Purchucr as the Seller ofany of Neu obligations w to any goods defscmd beretutder. T. CLAIMS FOR ADJUSTMENT. Any clam for adjectmmt mutt b, asserted within thisry (30) days from the dare the change err tcrminalion is ordered. 8. COMPLIANCE WITII LAW. The Seller wamnts that all good sold hereunda shall have been produced sold delivered sad famished in street compliance with all applicable laws and regulatdn to which the good are subject. The Seller shall execute and deliver such documents n may be matured to effect or evidence compliance. All laws and regulations required to be incorpomsed in agreements of this chaeaeter are hereby incorporated herein by this ref rage. The Seller agrees to indemnify and hold the purchaser Jerusalem from all costs and damages suffered by the Purchaser as a result of the Sellers eilure to comply vnth such low. 9. ASSIGNMENT. Neither party shall resign, transfer, or convey this order, or any monies due or to become due hereunder without the prior wrinen consent cards, othtt party. 10. TITLE. The Sella warrants full, clear and unrestricted tide to the Purchastt for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all urns, r.tnctimns, reservation, sererity interest maximum. and claims of others. 11. NONWAIVER. Failure of the Porthole, m newt upon srreet pedomance of the arms and coedifimss hereof, failure or delay to any rights or remedies provided herein or by law, failure an promptly notify the Seller in the event of a breach, the acceptance ofor payment for good hereunder or approval ofthe design, shall nor release the Seller of my of the wamanif. or obligations of this puciame order and shall not he demed a waive, of any right of the purchaser to insist upon street p rmrmance hereofor any of its What or remedies as many such goods, regardless of when shipped, received or accepted, w to any prior or subsequent default hereunder, nor shall my Imported Wall modification or rescission of this puchau order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANT (TRUST CLAIMS. Seller and the Purchaser acceptance than an actual ecommic practice, overcharges resulting from arm.' violations art in fact home by the Pmchaer. Themofore, for good aura and w consideration for examing Ras purchase area the Seller hereby assigns m the Purchaser any and all claims it may now have or hereafter acquired under ddell or suite mtitmu laws for such overcharges relaring to the particular good or services purchased or acquired by the Random, pursuana to this purchase under. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to caned nonconforming or defective good by a date to he agreed upon by the Purchaser and the Seller, and the Seller tereafter indicates its =bilary or unwillingness to comply, Re Purehaner may cane the walk to be performed by the most expeditious ,.as available to at, and me Seller shall pay ill costs associated with such walk. The Seller shall release the Purchaser and its contractors of my tier from all liability and claims of any nature resulting from the perfatm ace of such work. This release shall apply even in the event of fault of negligence of the pray released and shall extend to the directors, onicers and employees of such party. The Sellers enmmct.l obligations, incl Wang warranty, shall ant he deemed be be reduced, in any way, because such work is performed or awed m be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to ne any design, de riee, mmm ll or process covered by leaser, pmenL trademark or copyright, the Seller shall andmnify and save harmless the Purchaser from 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 Purchaser for any cost, expense or damage which it may he obliged to pay by canon crouch infringement at any time during the prosecution or alter the completion of he work. In case said alution nt, or any pan thereof or the amended use of the good, is in such suit held to contimte infringement and the ose of said equipment or pan ex enjoined, the Seller shall, at its over expense and at its option, either Feature for the Purchaser the right to continue using said equipment or pans, replan the scone with substantially equal be, noninfriaging Wipmmu or modify it so it becomes noninfdngag. 15. Bx'SOLVENCY. If the Seller shall become insolvent or bankmpt, make W assignment for the benefit of creditors, .,,a. a matiVer or trustee for any of the Sellers property or business, this oNer may forthwith be canceled by me Purchaser wnthom liability. 16. GOVERNING LAW. The definition, clients used or the interpreueon offlc agreement and the rights of all parties herewAer shall be construed under and governed by the laws of the State of Colomdo, USA. The following Additional Condition apply only in cases where the Seller is to Perform work hereander, including the services of Settees Reprtselogrec d, on the pmmises of.thas. 17. SELLERS RESPONSIBILITY. The Seller shift carry, on said work at Sellms own rob until the same is fully completed and accepted, and shall, a. use of my accident, destruction or injury to she work and/or mmvnals before Sellers frel completion and acceptance, complete the work at Sellers own expense and to the satisfaction of Re Purchaser. When materials and equipmem arc famished by others far intallation or erection by the Seller, the Sella shall receive, unload, sere and handle same at the sate and become mistraidle therefor as though such matmals anNor mlipment were being famished by the Sella under the order. 18. INSURANCE. The Seller shall, at his awn expense, provide for the Reform of woders compensation, including occupational disease benefirs, to its employees employed on or in connection with me work covttal by this purchase oNer, maker m their dependents in accordance with the laws of the suite in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limbed to, coarratual and automobile public liability insurance with bodily injury and death limits oft, least E300,000 for any one person. SSo0.000 far any one accident and property damage limit per accident of 841k1,0(s). The Seller shall likewise require his contmtors, if any, to provide for such -.,.am and insurance. Before any of the Sellers or his ..'.an - employes shall do any work upon the premiss of others, the Seller shall Rural, the Purchaser waR a certificate that such compensation and insurance have been pr.,tried. Such cemfierms shall specify Re dam when such compensation and insurance have been provided Such certificates shall specify me date when such compensation and insurance expires. The Sella agrees Rat such compensation and insurance shall be maintained until after the cosine work ass completed and acceped. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ass es the entire responsibility and liability for any and all damage, loss or injury army kind or nature whatsoever to persons or property caused by or resulting from the execution of me work provided farm this purchase order or in connection herewith. The Seller will indemnify and hold bromlem the Purchaser and any or all of the Purchasers olEcars, agent and employees fmm and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or primary to which the Purchases may be put or subject by reason of my net, action, neglect, omission or default on the pan of the Seller, any of his contactors, or my of the Sellers or conrmctars alEcers, agents a employees. In ease any snit in pram proceedings shall be brought against the Purchastt, or its ofluma. agars or employees err any lime on -count or by reason of any act, action, neglect, omission or default of the Sella of any of his contractors or any of its or their optical, mors or employees as of sad, the Seller hereby agrees to assume the defense thereof and m defend the same in the Sellers own expensive. to pay any and call carte, charges, aaomeys fees and other expenses. any and all judgments that may he incurred by or obtained against the Purchaser or any of its or their officers, agents or employes he such suits or other proceedings, and in case judgment or other lien be placed upon or chimed agape, the propmy, of the Purchase, or mad parties in m. a result climb allies or older proceedings, the Sella will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Sella and has contractors shall take all safety precautions, fumish and install all guard necessary for the prevention of mendeaU, comply wnR ell laws and regulation wath regard to safety including, be, without limitation, the Occupatiorul Safety and HeaIR Act of 1920 and all roles and regulmon issued pursuant Remo. Revised 074014