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HomeMy WebLinkAbout267773 JAX FARM & RANCH LLC - PURCHASE ORDER - 3212200 (2)City Of PURCHASE ORDER PO Number Page 3212200 1 1 of 2 `} Collins I ns This number must appear on all invoices, packing slips and labels. Date: 01/23/2012 Vendor: 267773 Ship To: WATER UTILITIES JAX FARM & RANCH LLC CITY OF FORT COLLINS ATTN: ACCOUNTS RECEIVABLE 700 WOOD ST 1200 N COLLEGE AVE FORT COLLINS Colorado 80521 FORT COLLINS Colorado 80524 Delivery Date: 01/20/2012 Buyer: OPAL DICK 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 Order Utilities 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: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Tents and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and meal taxes. Our Exemption Number is 99-6,1502, Federal Exeisc Tax Exemption Certificate of Registry 84-6000557 is registered with the Collector of Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1073. Chapter 39-26. 114 (a), Gads Rejected. GOODS REIECTED due to failure to meet specifications, either when shipped or due to defect of damage in transit may be resumed to you for credit and am net to be replaced except upon receipt of written imurne ions From the City of Fort Collins. Inspection. GOODS arc subject to the City offer" Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof. fnihnc or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of xir payment for good hercunda nr approval of the design, shall not release the Seller of any of the wamntics or obligations of this purchase order and shall nor be deemed a waiver of any right of the purchaser to insist upon strict performance hereof or any of its right, or remedies as to one such goods, regmdlcss of when shipped, received or accepted, as to any prior or subsequent def,'tult hercundef. not shall one purponnl nod modification or reseiasi on of this purchase order by the Purchaser operate as a waiver of any of the terms lacer. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins, Hevv ecr, it is to be understrwd that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmm antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection pmeedures. violation arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have m hereafter Freight Tems. Shipments most be F.O.B.. City of Fort Collins. 700 Wand St.. Fort Collins. CO 90522, unless acquired under federal or state antitrust laws for such overcharges relating to the panieufar goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacturers have distributing points in various pans of the country, shipment is Ifthc Purchaser directs the Seller to correct nonconforming or defective goods by a date to he agreed upon by the expected Farm the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereather indicates its inability or unwillingness to comply, the Purchaser shipments as, made Form greater distance. may cause the work to be performed by the most expeditious means available to it. and the Seller shall pay all costs o,wristed with such work. Permits. Seller shall procure at sellers sole exist all necessary permits, certificates and licenses required by all applicable laws, regulations, oNmancen 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 ecndor. Seller higher agrees to hold the City of Fort Collins harmless front and against all liability and loss incurred by them by marten of an asserted or established vinhu on of any such laws, regulations, onliermces, roles and requirements. Authentication. All panics to this contract agree that the represenativies arc, in fact, bona fide and possess full and complete authority to bird said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional term and conditions annexed hereto or incorporated herein by reference Any additional or different tans and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you control make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time .stated an the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpatial late deliveries, shall operate as a waiver of this provision. In The event of any delay, the Purchaser shall have. in addition to other legal and equitable remedies, the option ofplacing this order chowhcrc mud 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 foreseeable which are beyond its reasonable control and without its fault ofnegligence. such acts of Gad, sets ofeivil or military authorities, governmental priorities, fires. strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knmvledge thereof In the event of any such delay, 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 applicabe dam vings. specification, samples and/or other description given, will be fit for the purposes intended, and perforated with the highest degree of care and competence in accordance with accepted standard for work of a similar motor. The Seller agrees to hold the purchaser hamlets fmm any loss, damage or expense which the Purchaser cony suffer or incur on account of the Scllcrs breach of mammy. The Seller sliall 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 terms ofany applicable warranty provided by the Seller nftcr the date of acceptance of the goods famished heeunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or material, famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this wamnry. Except as chemise, provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing wamntics or guarantees, but such liability shall in an event include loss 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 written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the more. other than legal terms, including addition to or deletions from the quantities originally atdered in the specifications or drawings, by verbal or written change under. If any such change affects the amount due or the time of pMormance hereunder, an equitable adjustment shall he made. 6. TERMINATIONS, The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the grad then not shipped, subject to any equitable adjustment berweca the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the gad aah'or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany ofthcir obligations as to any goods dcliscred hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he asserted within thirty (30) days from the date the change or termination is ordered. g. COMPLIANCE WITH LAW. The Seller wamnts that all gad sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents n may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herem by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Purchaser as a result of the Sellers fnihnc to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or an' monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser far all equipment, materials, and items famished in perfomtanec of this agreement, free and clear of any and all liens, restrictions reservations. secagN interest encumbrances and claims of others. The Seller shall release the Purchaser and its cnnmctnrs of any tier from all liability and claims of any nature resulting from the par rmance of mch work. This release shall apply even in the event of fndl of negligence of the party released and shall extend to the directors. officersand employees of such party. The Scllcrs contractual nhligations. including wamnry, shall not be deemed to be reduced, in any way. heco¢e such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save hamless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, mmcrial or process in connection wish the contract, and shall indemnify the Purchner for any cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the pro cculion or alter the completion of the work. In caw said equipment. or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its oxen expense and at its option, either procure for the Purchaser the right to continue using mid equipmcm or pans, replace the more with substantially equal but ra ninfringing equipment or modify use it becomes noninfringing. 15. INSOLVENCY. If the Seller shall beconm insolvent or bankrupt, make an assignment for the bcncft of creditors, appoint a recei vcr or tmsme for any of the Sellers property or business, Ill is order may forthwith be canceled by the Purchaser without liability, 16. GOVERNING LAW. The definitions oftcms used or the interpretation of the agreement and the rights ofall panics hereunder shall be construed under and governed by the laws of the State of Colomdo. USA. The following Additional Conditions apply only in cases when, the Seller is to perform work hereunder. including the services of Sellers Representative(s), on the premises arethers. 17. SELLERS RESPONSIBILITY. I be Seller shall carry on said work at Scllcr's own risk until the more is fully completed and neeeptcd, and shall, in case 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 Pumhascr. When materials and equipment arc famished be others for installation or erection by the Seller. the Seller shall receive, unload. store and handle same at the site and become responsible therefor as though such materials mrVer equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense provide for the payment of workers contpenxation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order. andlor to their dependents in accordance with the laws of the state in which the mark is to he 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 S300.0on for any one Fersen, S500,00t) for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to provide for Such compensation and insurance. Bofirae any of the Sellers or his contractors employees shall flurry work upon the promises oforhers. the Seller shall furnish the Purchaser with a cenifrem that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such cmificates shall specify the date xvhcn such compensation and insurance expires. The Scllcr agrees thm such compensation and insurance shall be maintained until spur 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, losx or injury ofany kind or natnrc whatsoever to persons or property caused by or resuhing from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers offcem, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect. and a bother to persons or property to which the Pureltzser ou v he put or subject by reason of any act, action, neglect, omission or default on the pan of the Scllcr, any of his contractors, or anv of the Sellers or eentrxetnrs officers, agent or employees. In ease any suit or other proceedings shall be brought against the Purchnscr, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its of their officers. agents or employees as aforesaid. the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to puy any and all costs, charges, attomcys 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 employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property, of the Purchaser. or said panics in m os 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 lake all safety precautions, famish and install all guards necessary for the prevention of accidents. comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Smfcry and Health Act of 1970 and all rules and regulations issued pursuant thereon. Revised 03/2010