HomeMy WebLinkAbout480151 NORTH AMERICAN SALT CO - PURCHASE ORDER - 3215369Fort Collins
Date: 01/21/2015
Vendor: 480151
NORTH AMERICAN SALT CO
9900 W 109TH ST SUITE 600
OVERLAND PARK KS 66210
PURCHASE ORDER
PO Number Page
3215369 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: STREETS DEPARTMENT
CITY OF FORT COLLINS
625 NINTH STREET
FORT COLLINS CO 80524
Delivery Date: 01/21/2015 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
SALT BRINE MATERIAL 1 LOT LS 50,000.00
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@fogov.00m
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 exemption. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
I I. NON WAIVER.
98-04501. Federal Excise Tax Exemption Cli ificam of Registry g4-NN0587 is mgistered with Nr Collector of
Failure of the Purchaser to insist upon snip germanium of the tetras aM conditions hereof, failure or delay to
li temil Revenue, Drava, Colorado (Ref. Colorado Revised Staten. 1971, Chapter 39-36.114 (a).
exercise any rights or rcmedirs pmvnded herein or by law, failure to promptly notify the Sella in the event of a
breach, the acomtance of or paymet far good hereunder or approval of the design, shall not relent thr Seller of
Goad Rejected. GOODS REIECTED due to failure to tam specification, closer when shipped err due to defects of
any of elm warrrnIt. or obligation of this purchase cola and shall not be deemed a waiver of any right of the
damage in transit, may M rtum l to you fen credit and are not to be replaced except upon receipt of wri om
purchaser in insist upon stun perfomaae hereofm my of its rights or mnedica n to any such good, regardless
instructions fmm the City arrant Collins.
of whm shipped, received or accepted, as to my prior or subsequent default hacund., nor shall my purponed
oral modification or rescission of this purchase order by the Purchaser operate as is waiver of any of the temp
Inpmi.. GOODS ate subject to the City airport Collin important on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, srnicn or equipment in response to this order an result in
13. ASSIGNMENT OF ANTITRUST CLAIM&
authorised payment on den Iran of the City of Fort Collins. However, it is to be understood that FINAL
Seller and the Purchaser recognise that in actual economic pcactive, ovenhmges resulting from antitrust
ACCEPTANCE is dcpendrnt upon completion of all applicable rryuirM inspaum praedures.
violation am in fxr home by the Purchaser. Therecafore, forgoodmuse and us consideration for executing this
purchase order, the Sella hereby assign to the purchaser my and all claims it troy now have or hereafter
Freight Tr rut. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., Pon Collins, CO 80521, unless
acquired un la federal or stale mtitmst laws for such overcharge relating to the particular good or services
otherwise specified on this order. Ifperrnission is given to prepay freight and charge separately, the original fight
purchased or acquired by the Purchaserpursumt to this purchaw order.
bill most accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Mae ...at.turm have duration, points in variant parts of the country, shipment is
If the Purchase, directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the
expected from the nearest distribution point to destination, and excess freight will be deducted fmm Invoice when
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments arc made fmm greater distance
may cause the wmh m be pMormed by the mast expedition means available to it, and the Seiler shall pay all
orb associated with such work.
Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all
applicable laws, regulations, mdu antes and rules of the state, municipality, territory or political subdivision where
the work is perfomtrd, or required by any other duly crostiNted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of ran Collins harmless from and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, tales
and requirements.
Auth inaation. All parties to this contract agree tom the representatives are, in fact, bona fide and possess full and
complete authority to bind said Tunics.
LIMITATION OF TERMS. This Purchase Order expressly limits accem.. the rents and condition stated
herein set fort and any supplementary or additional terms and condition amexed herein or incorporated herein by
reference. Any additional or different lams and condition proposed by seller are objected to and hereby rejected.
I. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you manor make comp].¢ shipment to amxn on your
promised delivery date as acted. Time is of the instance. Delivery and performance most be elected within the time
stated an the purchase order and the documents asafted hereto. No rats of the Purehncrs including, without
limitation, acceptance tracheal late deliveries, shall o,come as a waiver of this provision. In thr went ofany delay,
the Purdaner shall have, in addition to other legal and equitable remMies, the option ofplacing this order elsewhere
oral holding the Sella liable for damages. However, the Sella sholl not h liable for damages as a result of delays
due to muses mi mawmbly foraaable which are beyond in reasonable concal and without its fault of negligence,
such acts of cod, acts ofeml or military authorities, governmental pro Pies, fires, strikes, rood, epidemics. wars or
now provided that notice of the conditions n musing such delay is given to the Pmchavor within five (5) days of the
time when the Sella first rained knowledge thereaf. In the event of my such delay, the date of delivery shall be
extrndal for the period egml to the time wholly lost by reason office delay.
3. WARRANTY.
The Sella warrants that all goods, articles, materials and work rovered by this order will co grout with applicable
drawings, specifications, samples mNor other description given, will be fit for the purposes intended, and
performed with the highest dr,ow of care and competence in accordance with accepted standard for work of a
similar nature. The Seller agrees to hold the purckuer harmless fmm my loss, damage a expense which the
Purchaser may suffer or incur on account of the Sellers breach of warranty The Sella shall replace, mpair w make
good, without cost to the purchaser, any defer or faults arising within me (1) year or within such longer period of
time n may be prescribed by law or by the terms of my applicable warranty provided by the Seller after the date of
acceptance of the good garnished hereunder (oroquirce not to be unreasonably delayed), resulting form imperfect
or defective work done or materials famished by the Seller. Acceptance or are of goods by the Purchaser shall na
onstimte a waiver of any claim under this warranty. Except n otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to of I manages proximately caused by the breach of any of the foregoing warranties
or gwm.hem , but such liability shall in na event include lass 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 wrinen change order.
5. CHANGES IN COMMERCIAL TERMS.
The Parchow may make any changes b the terms, other than legal terms, inducting addition . or deletion from
the quantities originally entered in the specifications or drawings, by verbal or women change orda. If any such
change affects the amount due or the time ofperformreance, herider, an equitable adjntmcnt shall he.&
6. TERMINATIONS.
The Purchaser may at my time by written change order, mrawave this agreement n to any a all portion of the
good then not shipped, subject to any equitable adjtwmrnt beuaeen the ponies as m any work or materials then in
progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted
portion of the fond mNor work, for incidental a closere calinl damages, and that an such adjua men, be inside in
favor of the Sella with rapal to my goads which me me Sellers standard stack No such nomination shall relieve
the Purchaser or the Seller army aftheir obligation as an my goods delivered hereunda.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be warned within thirty (30) days from the date the change or uncommon is
ordered
8. COMPLIANCE WITH LAW.
The Sella warrants that all good sold hereunder shall have been produced, sold, delivered and furnished in strict
compliance with all applicable laws and regulation to which the good ere subject. The Seller shall execute and
deliver such documents n may ]w required to effect or evidence compliance. All laws and regulation required to be
incorporated in agreements of this character are hereby inco,omted herein by this reference. The Seller tigress to
indemnify and hold the Purchaser hornless from all costs and data.,. suffered by the Purchase as a all of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this rider, or any monies due err to become due hereunder wimom the
prior wrim. consent of the ether party.
10. TITLE.
The Sella warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items Toroidal
in performance of this agreement, free and clear of my and all lien. restrictions, reservations, saw ry interest
encumbrances and claims ofothers.
The Seller shall releae the Purchaser and its contractors of any tia fmm all liability and claims of any wrote
resulting from the performance of such work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, officers and employees orsuch party.
The Sellers contractual obligation, including warranty, shall not M lamed to be reduced, in any way, became
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Sella is required to use any design, devim, material or process covered by Tarter, patent wdemark
or copyright, the Sella shall indemnify and save harmless the Purchaser flown my and all claims for infringement
by orman of the me of such patented design, device, material or pmmss in connection with the contract, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to Pay by reason of such
infringement at my tine, during the prosecution or after lie completion of the work. In caw mid equipment, or
any Part thereof in the intended use of the goods, is in such suit held la continue infringement and me use of
said equipment or put is enjoined, the Seller shall, m iu awn expense and m its option, rither pmcmre far the
Purchaser the night to continue using said equipment or paws, replace the more with substantially amid but
Comm umung eryipmrnt, m modify it sa it bccomm vovivGugiog.
15. INSOLVENCY.
If the Seller shall become inohad or bard mpt, make an assignment for the benefit of creditors, appoint a
receiver or rmaee f any of the Sellers property or bus nit this ender may foMwith be canceled by the
Purchases without liability.
16. GOVERNING LAW.
The definition afterms med or the interpretation afore agreement and thc rights of all pasties beremM shall be
contused under and governed by the laws ofine Stale ofColmndo, USA.
The following Additional Conditions apply only in cases where the Sella is to perform work hereunder,
including the services of Scllcrs 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 case of any accident, dnwetion ar injury to the work mNor materials before Sellers final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials
and equipment are famished by others for installation or erection by the Sella, the Seiler shall receive, unload,
store and handle a . . at the site and become responsible therefor as though such materials anWar equipment
were being famished by the Sella under the order.
18. INSURANCE.
The Sella shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employs employed on or in comedion with the work covered by this purchase order,
isobar to their depondenb in accordance with the laws of the scum in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but tat limited to, contractual and automobile public
liability insurance with bodily injury and death limits of at least 5300,000 for any one person, S500,000 for any
one reddcnt and property daruge for, per accident of 5400,000. The Sell. shall likewise requite his
mmmctors, if my, to provide for such mmpenauon and ftay.x. Before any of the Sell. a his co uractars
employees shall do my work upon the premises of orders, the Seller shall famish the Purchaser with a tan ifind,
then such m r,aaccuon and iwurmrce have been provided. Such cenifimta shall apaify me date when such
competsatian and instance lave been provided Such ttniftcates shall specify Be date when such compensation
and instance expires. The Seller agrees that such compensation and insurance shall b r maintained mtil after the
entire work as completed and accepted.
19, PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby ass . the ratio, responsibility and liability for any and all damage, loss err injury of my kind
in nature whabocver to person or pmperry, ratted by or resulting fmm the execution of the work provided for in
this purchaw offer or in connection herewith. The Seller will indemnity and hold harmless the Purchaser and my
or all of the Purchficrs oRcers, agents and employes from and agent any and all claims, lasses, damages,
charges or expenses, whether direct or indirect, and whether to person or progeny to which the Purchasma may
br put or subject by mason of any act, action, neglect, omission or default an the pan of the Seller, any of his
contractors, or any of the Sellers or contractors officers, agwas or employees. In raw my suit or other
proceedings shall be brought against the Provi na, or its oRer, agents or employees at any time on account or
by season of tiny act, action, neglect, omission or default of the Seller of my of has contractors or my of its ar
their M., agents or employees as aforesaid, me Sella hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, to pay my and all costs, cha%m, attorneys fees and other expenses,
any and all judgments that may be incurred by a obtained against the Purchaser or any of its or their officers,
agents or employees in such suits or other proceedings, and in caw judgment or other lien be placed upon or
obtained against the property of the Purchase, or said parties in or as a result of such suits or other proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety precaution, Much and install all goad nec nsm, for the prevention of
accidents, comply with all laws and regulations win .gaol to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuantthereto.
Revised 072014