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HomeMy WebLinkAbout471395 J A R CONCRETE LLC - PURCHASE ORDER - 3212086PURCHASE ORDER PO Number Page City Of///��� 3212086 ' of s `t Collins This number must appear {, on all invoices, packing slips and labels. Date: 01/11/2012 Vendor: 471395 Ship To: ELECTRIC UTILITIES J A R CONCRETE LLC CITY OF FORT COLLINS 11621 WCR 13 700 WOOD ST LONGMONT Colorado 80504 FORT COLLINS Colorado 80521 Delivery Date: 01/11/2012 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 Ordered Extended Price 2012 L&P Concrete Repair 1 LOT LS 20,000.00 PER TERMS AND CONDITIONS OF BID 7114 Total $20,000.00 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 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. Tess cxcmptions. By,tonac the Ciryof Fort Call ins is exempt from state and local taxes. Our Exemption Number is 11 NONWAIVER. 99-04562. Federal Excise Tax Exemption Certificate of Registry, 94-60005S7 is registered with the Collectu. of Failure of the Purchaser to insist upon strict pafomtanee of the terms and conditions hereof, failure or delay to Internal Revenue. Denver, Colorado (Rcf. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). exercise any rights or remedies pmvidcd hercin or by law, failure to promptly notify the Seiler in the event of n breach, the acceptance of or payment for goods hereunder orapproval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to mcrt specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be darned a waiver of any right of the damage in transit. may be reNmed to you for credit and am not to be replaced except upon receipt of written purchaser to insist upon strict pcnformnnce hereof or any of its rights or remedies as to any such goads. regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS am subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance Reecipt of the merchandise, services or equipment in response to this order can msult in 12. A SSI GNM ENT OF ANTITR UST CLA I M& authorized payment an the part of the City of Fen Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser. Therctofom. 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 or hacafter Freight Terms. Shipments must be F.O.U.. City of Fort Collins, 7t10 Wood St. Fort Collins, CO 90522, unless acquired under federal or state antitrust lases for .such overcharges relating to the particular goods or screices 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 he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing paints in various pans of the country, shipment is If the Purchaser 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 from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all casts xxaci.tcd with such work. Permits Seller shall procure at scllcts sole cast all necessary permits, ccnificates and licenses required by all applicable laws, regulations, ordinances and mles of the state, municipality, territory or political subdivision where the work is pafuramd, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seiler Inaba agrees to hold the City of Fan Collins harmless fmm and against all liability and Ins, incurred by them by reason of an assmcd or established violation of any such laws. regulations ordinances. rules and requirements. Authorization. All panics to this contract agree that the representatives are. in fact. bona fide and possess full and complete authority to bind mid panics. LIMITATION OF TERMS. This Purchuse Order expressly limits acceptance to the terms and conditions stated herein set tunh and any supplementary on additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different temps and conditions pmpnsed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complctc shipment to arrive on your premised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents anachcd hereto. No acts of the Purchasers including, without limitation, acceptance of partial 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 rcmedics, the option ofplacing this aide, elsewhere and holding the Seiler liable for damages. However, the Scllcr 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 of negligence, such acts of God, acts ofcivil or military nufluni ics, governmental priorities, fires, strikes, flood, epidemics wars or riot, providcd that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seiler first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually I" 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, specifications, samples and/or other descriptions given, will he fit for the purposes intended, and pafotmed with the highest degree of cam and competence in accordance with accepted standards for work of n similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer Or incur on account of the Scllcrs breach of warranty. The Seller shall replace, repair or make good without cost to the purchaser, any defects ur faults arising within one (I) yerar or within such longer period of time as may be ptemnbcd by law or by the terms of any applicable warranty pmvidcd by the Seller after the date of acceptance ofthe goods famished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver ofnny claim under this warranty. Except as otherwise pmvidcd in this purchase order, the Scllcrs liability hereunder shall extend to all damages pmximatcly caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include lass, of profits of Ins, 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 temu by written change order. 5. CHANGES IN COMMERCIAL TERMS, The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions fvin the quantities originally nolcmd in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of pafomtance haeunda, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment bow'cen the panics as to any work or materials then in progress pmvidcd that the Purchaser shall not be liable for any claims for anticipated pmfits on the uncompleted 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 tiny good which arc the Scllcrs standard stock. No such temnination shall rel ievc the Purchaser or the SO let of any of their obligations as to any goods deisemd haconda. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he asserted within thirty (30) days fmm the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seiler warrants that all goods mid hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the good are subject. The Seller shall excrete and deliver such documents as may be requited to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated haein by this reference. The Seller agrees to indemnify and hold the Purchaser hamtlms from all costs and damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neitha party shall assign. transfer, or convey this order, or any monies due or to become due haci nda without the prior written consent of the other party. 10. TITLE. The Seller wormnts full, clear and unrestricted title to the Purchaser for all equipment. mmtrials, and items fumished in performance of this agreement free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of alhcrs. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature msulting from the performance ofs ch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the dnatem officers and employees afsuch party. The Seller's contractual obligations, including wamnry, shall not be deemed to be reduced, in any way, because such work is performed ru caused to be perfnrmcd bythc 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 harmless the Purchaser fmm any and all claims for infringement by reason of the use of such patented design, deice, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense a damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan Chereof err 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 own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or hankmpt, make an assignment for the benefit of creditors, appoint a receiver or trace for any of the Scllem property or business, this order may forthwith be canceled by the Purchaser without liability, 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights ofall parties hereunder shall be conmmcd under and governed by the laws ofthe State of Colomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work haamda. including the scn iccs of Scllcrs Repoesenmtivefs), on the premises of others. 17. SELLERS RESPONSIBILITY, The Seller shall carry on said wad: at Seiler's own risk until the same is fully completed and accepted, and shall. in case of any accident. destroction or injury to the work and/or materials before Scllcrs final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment arc fumished by others for installation or erection by the Seller, the Seller shall receive, unload. stare and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. IS. INSURANCE. The Seller 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 purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seiler shall also carry comprehensive general liability including but not limited to, contractual and automobile public liability in,vrranee with hadily injury and death limits of at least S300,000 for any one person, $500.000 for any one accident and property dnnmge limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employee, shall des any work upon the pranises of others, the Seller shall furnish the Purchaser with a ecnificatc Clint such compensation and insurance have been pmvidcd. Such certificates shall specify the date when such compcasmir. and insurance have been provided. Such ccnificmcs shall specify the date when such compensation and insurance expires. The Seller 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 Scllcr hereby assumes the entire responsihiliry and liability for any and all damage loss or injury ofnny kind or nature whatsoever to persons or pmpgny caused by or reselling fmm the execution ofthe work pmvidcd for in this purchase order or in connection herewith. The Seller will indemnify and hold Ivioul s the Purchaser and any or all of the Pumhasem 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 be put or subject by reason of any act. action. neglect. omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contracors officers, agents or employees. In ease any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or cmployccs at any time on account or by reason of tiny act. action. neglect omission or default of the Seller of any of his contactors or any of its or their officers, agents or employees as aforesaid, the Seiler hereby agrees to assume the defense thereof and to defend the same at the Scllcrs own expense, 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 anv of its or their offccm. agents or employees in such suits or other pmceedings, and in cam judgment or other lien be placed upon or obtained against the propery of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once "use the same to be dissolved and discharged by giving bond or othem isc. The Sella and his contractors shall take all safety precautions, furnish and install all guards nmvsmty for the prevention of .accidents, comply with all Inns and regulations with regard to safety including. but without limitation, the Occupational Safety and Health Act of 1970 and all macs and regulations issued pursuant thercm. Revised 03/2010