HomeMy WebLinkAbout480452 MOSAIC CROP NUTRITION LLC - PURCHASE ORDER - 9150380Fort Collins
Date: 01/15/2015
Vendor: 480452
MOSAIC CROP NUTRITION LLC
13830 CIRCA CROSSING DR
LITHIA FL 33547
PURCHASE ORDERPO
915038er Page
150380 1°f2
This number must appear
on all invoices, packing
sli s 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 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 2015 BLANKET PURCHASE ORDER
HYDROFLUOSILICIC ACID (HFS)
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.
$675.00rrON DELIVERED F.O.B. FORT COLLINS, COLORADO WATER TREATMENT FACILITY;
IN 45,000 LB. TANK -TRUCK RELEASES. PRICE FIRM THROUGH 12/31/2015.
HFS VENDOR WILL FOLLOW:
FCWTF SOP FOR THE PURCHASE OF HFS
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
140,000.00
$1
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
L COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Nemben is
98-04502. Fedeml Excise Tax Exemption Conificme of Registry 84 6000587 is registered with due Collator of
Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1993, Chapter 39-26. 114 (a).
Goods Rejectnd. GOODS REJECTED due to fa'lem to meet specifications, entice when shipped or due to defects of
damage in transit, may be rearmed to you for tuxedo and am not to be replaced except upon receipt of written
itswctions from the City affair Collins.
Impectlon. GOODS are subject to the City of Fan Collins inspection on consul.
Final Acceptance. Receipt of free merchandise, servinves or equipment in response to this order can result in
amhoriud payment on the pan of the City of Fan Collins. However, it is to h understood slut FINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight Terms. Shipments must he F.O.B., Ciry of Fan Collins, AID Wood St, Fiat Collins, CO 80522, unless
otherwise specified .,his a,&,. If permission is given to prepay freight and change sepamaly, the ongiaal freight
bill must .company invoice. Additional charges far packing will not be accepted.
Shipment Distance. Where aanufamsers have distnTuting points in motors parts or me couenry, shipment is
expected from the nearest distribution paint to destination, and excess freight will be, deducted from Imvtce when
ship... are made from Bremer distance.
Permits. Seller shall procure at sellers sole cost all necessary permits, anifimtes and liceruea requited by all
applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where
the work is Performed, or requited by any other duly command public authority laving jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fan Collins harmless from and against all liability and loss
ed by ,hem by reason of an armed or established violation of wry such laws, regulations, ordinances, mles
contained
ndremilitiaman.
Authorization. All panics to this comma agree that the representatives me, in fast, bona rate and passers full and
complete authority an bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to me terms and coniferous stated
herein set tomb and any supplementary or additional terms and conditions annexed herem or incorporated herein by
reference. Any additional or different terms and conditions proryased by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately tryout cannot make complete shipment to arrive on your,
promised delivery date. tweed. Time is of the esence. Delivery and performance must be elfected within the time
stated on me purchase order and me documents attached hereto. No acts of the Purchasers including. without
limitation, acceptance of p rtial Tare deliveries, shall operate as a waiver of this provision. In the event ofany delay,
me Purchaser shall have, in addition to other legal and equitable remedies, me option affluent, this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not he liable for damages as a result of delays
due to causes not reasonably fortsacable which are beyond its reasonable control and without in fault ofanglignme.
such acts of Gad, acts ofervil or military authorities, governmental priories, fires, strikes, food, epidemics, wars or
noes provided thou notice of the conditions musing such delay is given in the Purchaser within five (5) days of the
time when the Sella fins tmeived knowledge that In the event of any such delay, me dam of delivery shall be,
extended far he period equal to the time actually last by reason ofilm delay.
3. WARRANTY.
The Sella warrants mat all good, articles, materials and work covered by this order will maform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted stmdmd for work of a
similar nature. The Seller agrees to held the purchastt harmless from any loss, damage or expense which me
Purchaser may suffer or incur on account of the Sellers breach of tentmnty. The Seller shall replace, repair or make
good, without cost in the purchaser, any defers or faults raising within one (1) Year or within such longer period of
time an may be pr.mfbnd by law or by the tents ofany applicable warranty provided by the Seller after the date of
compliance or me goods tiucolard hereunder maignn t, not to b, umwsonobly Jelayed), marine, from imPerfecr,
or defective work done or materials furnished by the Seller Acceptance or use of good by me Purchaser shall not
onshare a waiver ofany claim under this warmaty. Except as otherwise provided in this ponchase order, the Sellers
liabil try hereunder shall extend to all damages Proximately caused by the breath of my of me functional want
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. CI IANGES IN LEGAL TERMS.
The Purchaser may make changes,o legal team by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Punch— may make my changes to the terser, other than legal terms, including wh ilioner to or deletions From
the gundifies originally ordered in the specifieations or dawings, by rated or wainen change order. 11 any such
change aR is the amount due or he time ofpmfomtma hereunder, on equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any fide by wnnea change ordtt, terminate this agreement u to any or all pectins of me
goods then not shipped, subject to any equitable adjustment between the parties u to any work or rawaraft then in
egress provided that the Purchase, shall not be ]table for any claims for anticipated profits on the uncompleted
potion offer goods anNar work, f incidmrol or consequential damages, unit Out no such adjustment he made in
favor order Sella with respect to any goods which ate the Sellers standard stark. No such sari irution shall relieve
the Purchaser or the Seller of any oftheir obligations as m any goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be toward within thirty (30) days from the date the change or mentimtion is
ordered-
S
. COMPLIANCE WITH LAW.
Flat Seller warmer that ell goals sold hereunde, shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the good we subject. The Seller shall execute and
deliver such shamanist u may Be required to effect or evidence compliance. All laws and regulations required to he
ncorpomted in agreemene, of this chsaner we hereby Incomomted herein by this reference. The Seller agrees to
indemnify and bold the purchase, harmless from all an and damages suffered by me Purchaser as a resit of me
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign confer,. convey this area, or my monies due or to become due hereunder waiver me
prior written consent ofthe other parry.
10. TITLE.
The Seller warrants full, clmr and unrestricted tide m the Purchaser for all equipment, materials, and items famished
n performance of this agreement, fore end clear of any and all liens, restriction, reservations, security ime ew
encumbrances and claims ofomers.
II.NONWAIVER.
Failure of the Purchases to insist upon soviet pert of the semis and conditions hereof, failure or delay to
exereim any rights or remedies Provided harm or by law, failure to p.,,Iy notify the Seller in the crew of a
breach, the acceptance of or payment for goods' hereunder or approval of the design, shall not mixture the Set ca of
any of the warranties or obliged.. of this Fracture, order and .lull not he demand a waiver of my right of done
purchaser to i.in upon slrla performance hereof or any of in rights or remndies as to any such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any reopened
am[ modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the tents
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and free Purchaser recognize that in actual ec no is pour(ice, overcharges resulting from aativust
violations are m in fact home by the Purchaser. Theofere, for ugood cause and in consideration for executing this
purchase ruder, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
arequred under federal or state antitrust laws for such ovach tit relating to the particular goods or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If me Purchaser directs the Seller to coned gmvmmforming or defective good by a date to he agreed upon by me,
Purchaser and the Sella, and the Seller thereafter indicates its inability or unwillingness in comply, from Purchases
may cause the work to be Performed by the most expeditious means available to i,, and the Seller shall pay all
costs assana lwith such work.
The Seller shall release the Purchaser and its contractors of my tier from all liability and claims of any nature
resulting from me performance of such work.
This release shall apply even in the csa it of fault of negligence of the party release and shall extend to the
directors, officers and employees ofsuch patty.
The Sellers con mextnal obligations, including wzmanry, shall not he reacted to be reduced, in any way, because
such work is perfrmed or caused m be performed by the Purehawr.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, Parent, rndemark
or wpyngh, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by m-asan of due use of such planted design, device, material or process in connection wins the contract, and
shall indemnify the Prrchuer for any cost, expense or damage which it may b, obliged a pay by reason of such
infringement at any time during the prosecution or after the completion of me work. In case said equipment, or
any Pan frcof or the intended sew of the goods, is in such gait held ra constitute infrid,weeot and the sew of
said equipment or pan is enjoined, the Seller shill, at its own expense and at its option, either procure f. the
Purchaser the right at continue using said equipment or pans, replace the same with substantially equal but
raninGnging equipment, or modify it sat it becomes noninfnnging.
15. INSOLVENCY.
If the Sella shall became inrolvat or bankrupt, make an assignment for the benefit of creditors, appoint a
receiver or coma for any of the Sellers property or business, this order may forthwith be canceled by the
Parch.er witham liability.
16. GOVERNING LAW.
The definitioes, of terms usnd or the interpretation ofthc agreement and me rights are] parties hereunder shall be
consumed under and governed by the laws of the State of Colorado, USA.
The following Additional Conditions apply ody in cases when the Seller is to perform work hereunder,
including the services ofSelim Representative s), on the premises ofomers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall,
in e of any accident, destruction or injury to the work and/or materials before Sellers final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Pmch.er. When materials
and equipment are fomished by others for installation in erection by,hc Seller, the Seller shall receive, unload,
stare and handle same in the site and become responsible hereto, as though such mmenals m&a, equipment
were being famished by the Sell,, under me or
I S. INSURANCE.
The Sella shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work covered by this purehaw order,
andror to their dependents in accordance with me laws of the state in which the work is to be done. The Seller
shall also carry comprehensive geneml liability including but not limited has commercial and artomobile public
liability insurance with faJlly injury and death limits of at legal S300,000 for any one Person, 5500,000 for any
one accident and progeny damage limit per .,ideal of S400,000. The Seller shall likewise rest her
ventractrairs, if any, to provide for such compensation and i.umnce. Before any of the Sella or his contractors
employeesshall do any work upon the premises armors, the Sella shall Ibmish the Purchaser with a certificate
that such compensation and insurance have ban provided. Such adificates shall specify, the ,late when such
compensation and insurance have been provided. Such arffcam, shall specify the date when such compensation
and insurance expires. The Sella ogreu that such compensation and insurance shall be maintained until after the
more work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby a—,. the entire respomibility and liability for any and all damage, loss or injury of my kind
r nature vel m egever to persons or property mused by or resulting from the execution of the work provided for in
this purchase area or in connection herewith The Seller will imeminfy and hold harmless the Purchoser and any
or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may
W par or subject by reamn of any act .,in , neglat, omission or default on the pow affair Seller any of his
ontractors, or any of the Sellers or contracts officers, agenes, or employers. In rose any suit or other
proceedings shall be brought against the Purchase, or its officers, agents or employees at any time oa account o,
by eson of my act action, nigher, omission or default of Ile Seller of my of his contractors or any of its in
met, officers, agents or employees . aforesaid, the Sella hereby agrees to assume me defense thereof and to
defend the same at the Sellers own cape., m pay any and all case, charges, mromeys fees and other expenses,
any end all judgments that may he incuncd by of obtained against me Pachutt or any of its or thew officers,
agents or employees in such suits or other pmcendings, and in cue judgment or other lien be placed upon or
obtained against the properly of the Purchaser or said patties in or as a result of such suits or other proceedings,
the Seller will at ono muse the same m be dissolved and dischmgod by giving bond or otherwise. The Seller and
his eamenclars shut take all safety precautions, famish and install all guards necessary far me pereation of
accidents, comply with all laws and nifin io. with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all min and regulations issued pursuant thereto.
Revised 0IR014