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HomeMy WebLinkAbout267773 JAX FARM & RANCH LLC - PURCHASE ORDER - 9120032PURCHASE ORDER PO Number Page City of 9120032 1 of 3 Collins This number must appear Flirt ,�—J`_' ` on all invoices, packing slips and labels. Date: 01/06/2012 Vendor: 267773 Ship To: WATER TREATMENT PLANT #2 JAX FARM & RANCH LLC CITY OF FORT COLLINS ATTN: ACCOUNTS RECEIVABLE 4316 W LAPORTE AVE 1200 N COLLEGE AVE FORT COLLINS Colorado 80521 FORT COLLINS Colorado 80524 Delivery Date: 01/05/2012 Buyer: ED BONNETTE Note: 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. Line Description Quantity UOM Unit Price Extended Ordered Price 1 2012 BLANKET PURCHASE ORDER 1 LOT LS 2,000.00 SHOP SUPPLIES FOR SHOP SUPPLIES 2 OTHER COMMODITIES 1 LOT LS 2,000.00 3 SOS SUPPLIES 1 LOT LS 500.00 4 UNIFORMS -O&M 1 LOT LS 500.00 C3. O✓1::s2 � City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, CPPO 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City of 9120032 2 of 3 CollinsThis number must appea F6r} ` J r ,fit—J`-, ` on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 5 UNIFORMS -SOS C3. Oi'le.,s-Q� City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 1 LOT LS Total Invoice Address: $5 400.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Of Terms and Conditions Page 3 of 3 I. COMMERCIAL DETAILS. 'max exemptions. By statute The City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tux Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the teens and conditions hereof, failure or delay to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 1141a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a btvch, the acceptance of or payment for goods hccunder or approval of The design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure To meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be devoted a waiver of any right of the damage in tonsil, may bereturned to you for credit and are not to be replaced except upon receipt of wriuenh purchaser to insist upon strict performance hererf or any of its rights or remedies as to any such goods, regardless instructions firms the City of Fort Collins. of when shipped, received or accepted, us to any prior or subsequent default hereunder, nor shall any purponed oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fon Collins inspection on arrival. heal: Final Acceptance Receipt of the merchandise, sevi"s or equipment in response to this order can result in 12. ASS IGNM EN'T OF ANT ITRUS"r CLA 1 MS, authorized payment on the pan of the City of Fun Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting form antitrust ACCEPTANCE is dependent upon completion ofull applicable required inspection procedures. violations are in fact bonze by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns To the Purchaser may and all clainns it may now have or Immalier Freight Tcros. Shipments nest be F.O.B., City of Fort Collins, 700 Wood St., Too Collins CO 80522, unless ucluircd under federal or state antitmsl Imes lot such overcharges relating to the particular goods or services otherwise specified on this Order. Ifpermission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuer to this purchase ordev bill mDot accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. %%'here immutactumTs have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to comet nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted front Invoice when Purchaser and the Seller, and the Seller therealicr indicates its inability or unwillingness to comply, the Purchaser shipments are nude from gttater distance. may come the work to be pefomud by the mat expeditious means available to it, and the Seller shall pay all costs associated with such xork. Permits. Seller shall Immure of sellers sole cost all necessary permits, ceniticates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, Territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an ascncd or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization All panics to this contract agree that the representatives arc, in fact, boon tide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tens and conditions stated herein set forth and any supplementary or additional teams and conditions annexd hereto or incorporated herein by reference. Any additional or difTcrent tans 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 us noted. Time is ofthe essence. Delivery and performance must be effected within the time stated on the purchase order and the documents atxched hereto. No acts Of the Purchasers including, without initiation, acceptance of panial late deliveries, shall operate as a waiver ofthis provision. In the cVen of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option Ofplueing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably fomsecable which arc beyond its reasonable control and without its fault of neglimacc, such am of God, acts ofeivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions "Doing such delay is given to the Purchaser within live (5) days ofthe time when the Seller lint received knowledge thereof. In the event of any such dcluy, the date of delivery shall be extended for the period equal to The time actually lost by reason of The delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specification, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purcluxr harmless from any loss, damage or expense which the Purchaser may sWTcr or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the tents of any applicable a amply provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance nut to be ummasonably delayed), resulting from impdcct or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this womanly. Except as otherwise provided in this purchase order, the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach of tiny ofthe foregoing warromies Or guarantees, but such liabi l iry shall in no event include loss of profits or loss Of use. NO IMPLIED WAR RANT OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal ens by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal tens, including udditimis to or deletions front the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperfommncc hereunder, an equitable adjustment shall be made. 6.1 ERMINATIONS. The Purchaser may at any time by written change order, terminute this agreement as to any Or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided Ihat the Purchaser shall nor be liable far any chins for anticipated profits On the mw,xnpletcd portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any grads which are the Scllcrs standard stock. No such emination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjmmhent must be asserted within Thiny (30) days from the date the change or termination is ordered. X. COMPLIANCE WITH LAW. The Seller wamnts that all goods sold hereunder shall have been produced, sold, delivered and fir ishd in strict compliance with all applicable laws and regulations to which The goods are subject. I'tic Seller shall execute and deliver such documents as may be required to effect or evidence cunhpliunce. All laws and regulations required to be incoryOmtcd in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of to Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, tmmtbr, or convey this order. or any monies due or to become due hereunder without the prior written consent of the other party. 10, TITLE. The Seller wamnts full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement free and clear of any and all liens, restrictions, reservations, security intern" encumbrances and claims ofulhcrs. The Seller shall release the Pumbascr and its contractors of uny tier man all liability and claims of any nature resulting from the performance ofsuch work. Phis release shall apply even in the event of fault of mgligen" of the party released and shall extend to the directors, officers and enhploy"s ofsuch puny. The Sellers contractml obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use uny design, device, material or process coveted by letter, patent, trademark or copyright, the Seller shall indemnify 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 be obliged to pay by reason ofsuch inningcmem at any time during the prosecution or after the cunhplmion of the work. In case said equipment, or any pa'I thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is cnjoincd, the Seller shall, at its own expense and at its option, either procure I,or the Purchaser the right to continue using said equipment or pons, replace the same with substantially equal but nonlnliinging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an useigmnent for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business this order may forthwith N canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights craft panics hereunder shall be construed under and governed by the laws ofthe State of Colorado, USA. The following Additional Condition, apply only in cases where the Seller is to pcdumn work hereunder, including the services of Sellers ReprescnUlivc(s), on the Premises Of other. 17. SELLERS RESPONSIBILITY. '1 he 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, destuction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at SeI1cYs own expeme and Io the smi fioctlon of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller Shull receive, unload, store and handle sunhc ut the site and became responsible therefor as tough such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller Shul[, at his own expense, provide lot the payment of worker compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase 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 general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one person, S500,000 for any one accident and property damage limit per accident of $400,000, The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any ofthe Sellers or his contractors employees shall do any work upon the promises ol'others, the Seller shut] furnish the Purchaser with a certificate That such compensation and insurance have Nen provided. Such certificates shall specify the date when such compensation and insurance have been provided Such ceniticates shall specify the date when such conhpemation and insurance expires. The Scllcr agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution ofthc work provided for in this purchase order or in connection herewith. The Seller will indcnmity and hold hannlezc the Purchaser and any or all of the Purchasers otlicen, agents and employees from and against any and all claims, losses, danmges, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of airy act action, neglect omission or default on the pan of the Seller, any of his comtmclms. or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its otlicen, agents or employees at any time on account or by reason of any act action, neglect, omission or default of the Seller of nay of his contractors or any of its or Inch officers, agents or employees us aforesaid, the Seller hereby agrees to assume the defense thereof and to delend the same al the Sellers own cxpmsc, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employers in such suits or other proceedings, and in case judgment or other lien be pluced upon or obtained against the property ofthe Purchaser, or said panics in or as a result ofsuch suits or other poccdings, the Seller will at mace cause the same Io be dissolved sad discharged by giving bond motherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all Imes and regulations with regard to safety including, but without limitation, the Dec upalierwI Safety and Ilcmlth Act of 1970 and all rates and Diego lotions issued pursuant thereto. Revised 03/2010