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HomeMy WebLinkAbout471395 J A R CONCRETE LLC - PURCHASE ORDER - 3212336PURCHASE ORDER PO Number Page City ofPURCHASE 212336 1 of z t Collins This number must appear 1 on all invoices, packing slips and labels. Date. 02/02/2012 Vendor: 471395 Ship To: WATER 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: 02/01/2012 Buyer: OPAL DICK Note: THISPURCHASE 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 Ordered UOM Unit Price Extended Price 2012 Blanket Order 1 LOT LS 30,000.00 Utilities C3. O✓la.s-Q.J� 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 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tcrnis and Conditions Page 2 of 2 I. COMMERCIALDETAIIS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAI VER. p 98-0,1502. Federal Excise Tax Exemption Cenifieac of Registry 84-6000597 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the tcmrs and conditions hereof failure or delay in Internal Revenue, Denver. Colorado (Rcf. Colorado Revised Stamens 1973. Chapter 39-26, 114 (a). exercise any rights or remedies pmvidcd herein or by law, failure to promptly notify the Seller in the event of a breach. the acceptance ofor payment for goods hereunder or approval ofthe design, shall not mlcase the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specification, either whim shipped or due to defects of any of the warmatics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit. may be renamed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict perfnmancc herenfor any ofiw rights or remedies as to any such goods. regardless instructions from the City of Fen Collins. of when shipped, mmycd or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral moilification or rescission of this purchase only by the Purchaser Opcmm as a waiwcr of any of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof Final Acceptance. Receipt of the merchandise, services or equipment in romerse to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser rccognire that in actual economic practice, overcham_es resulting from antitmst ACCEPTANCE is dependent upon completion nfall xpplieahle required inspection procedures. violations arc in facl 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 or hercaacr Freight Terms. Shipments must be F.O.H., City of Fort Collins. 700 Wood St., Fan Collins CO 90522, unless acquired under federal or state antitrust lams for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge sepemtcly, the original freight purchased m acgnirod by the Purchnscr pursuant tothis 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 cormby. shipment is If the Purchaser dim0s the Seller to correct nonconforming or defectire goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and execss freight will be deducted from Invoice when Purchaser and the Scllcr, 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 perfommd by the most expeditious means available to it, and the Seller shall pay all costs ussocimcd u'i1h such work. Permits. Seller shall procure at sellers mile cost all necessary permits, cenificates and licenses required by all applicable laws, regulations. ordinances and rules ofthe state, municipality, territory or political subdivision where the work is perfomred, or required by tiny 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 It.,, incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances. mles and requirements. Authori.mion. All parties to this contract agree that the representatives are, in fact, burn fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase OnIcr expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by refcmnce. Any additional or diffemtu terms and conditions propoud by seller are objected found hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if yan cannot make complete shipment to arrive flu your promised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached 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 remedies. the option oplacing 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 foreseeable which arc beyond its reasonable control and without its fault of negligence. such aces of God, acts ofeivil or military authorities, governmental priorities, rims, 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 knowledge 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 ofthe 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 be fit for the purposes intcndcd, and performed with the highest degree of care and competence in accordance with accepted standard for work of a 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 Sellers breach of wanaary. The Seller shall replace, repair or make good, withnat cost to the purchaser, any defects or faults arising within one (II year or within such longer period of time as may be prescribed by law or by the terns Many applicable w'ananry pmvidcd by the Sel let after the date Of acceptance of the good furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goad by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order. the Sellers liability hcrcundcr shall extend to all damages prosimemly caused by the breach of any of the foregoing warranties or guarantees. but such liability shall in no event include loss of profits or loss orate. 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 terms. other than legal terms. including additions to or deletions from the quantities originally ordered in the specificatloos or dmwsrings, by verbal or .mitten change order. If any such change affects the amount due or the time ofperfomancc hereunder, 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 good then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progoess pmvidcd that the Purchnscr shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to tiny goods which are the Sellers standard stack. No such mranination shill relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hercund r. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within Thirty (30) days from the date the change or termination is ordered. A. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and mgulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamnccs from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign. transfer, or convey this order, or any monies due or to become due mmunda without the prior written consent of the other parry. 10. TITLE. The Seller warrants full. clear and unrestricted title to The Purchaser for all equipment materials and items fumishcd in performance of this agreement, free and clear of any and all liens resnictions, reservations security interest encumbrances and claims ofothcrs. The Scllcr shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance osuch work. This rcleasc shall apply even in the event of fault of negligence of the parry rcleasad and shall extend to the directors, oRcers and cmpinyccs ofsach party. The Selha's eornadual obligations, including wamnry, shall not he deemed to be reduced, in any way, because such work is performed or caused to be perfnrmcd by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material .,process covered by letter. patent, trademark or copyright, tlm Seller shall indemnify and save harness the Purchaser front any and all claims for infringement by rcamn of the use of such patented design, device, material or pmecss 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 any time during the prosecution or after the completion of the work. In case said equipment, or any part thereofor the intcndcd use of the goods. is in such snit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall. at its our expense and at its option, either procure for the Pamhascr the right to continue using said equipment or parts. replace the same with substantially equal but anninfringing equipment, or modify it so it becomes noninfringing. 15, INSOLVENCY. If the Seller shall become insolvent or ban ompt make an assignment for the benefit of creditors, appoint a receiver or trustee far any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The dcfmitions often s used mine interpretation urine agreement and the rights of all parties hereunder shall be eontmcd under and governed by the Inwvs ofthc State of Colomdn. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hcrcundcr. including the services oScllcrs Rcpresentit vc(s), oa the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry oa said work a1 Sellers own risk until the same is fully completed and accepted. and shall, in case of any accident, dcsln¢tion or injury to the work and/or materials before Sellcrs final completion and .acceptance, complete the work at Seller's own expense and to the satisfaction ofthe Purchaser. when materials and cquipmcnt arc firmished by others for installation or erection by the Seller, the Seller shall rcccirc, unload, ,lore and handle same at the site and bean.. responsible thcmfor as though such materials and/or equipment were being furnished by the Seller under the onlci. IA. INSURANCE. The Seller shall, of his own expense, provide for the payment of workers compensation, including occupolinnal disease benefits to its employees employed on or in connection with the work covered by this purchase order. and/or to their dependents in nccordance with the Imes 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 will bodily injury and death limits of st least S300,000 for any one person. S500,000 fro any nnc accident and property damage limit per accident of S400.000. The Seller shall likewise require his conlmclors, if any, to provide for such cnmpcnsation and insurance Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall Finnish the Purchnscr with a ccrtificmc that such compensation and insurance have been provided Such certificates shall specify the date when such compensation and insurance have been provided. Stich certificates shall specify the date when such compensation .and insurance expires. The Scllcr agrees that such compensation and insumnee shall be maintained until after the entire work is compleled and accepted. 19, PROFEC'I'ION AGAINST ACCIDENTS AND DAMAGES, The Seller hereby assumes the entire responsibility and liability for any mad all damage Inss or injury ofeny kind or nature what uc,c, to persons or property emtscd by or resulting from the execution ofthe work provided for in this purchase paler or in ennucelion herewith. The Seller will indcmnify and hold hamdcss the Purchaser 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 indircc, and whether to persons or property to which the Purchnscr rev be pat or vuhleet by reason of any act, action. neglect. omission or default on the pan ofthe Seller, any of his contractors. 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 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 or their officers, agents Or entplOytts as nfommid. the Seller hacby agrees to assume the defense thereof and to defend The same at the Sellers own expense, to pay any and all costs. charges, anomeys 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 ofthc Purchaser. or mid panics in or as a result fsuch suits or other proceedings. the Seller will at once muse the same in be dissolved and discharged by giving bond or othcncisc. The Seller and his contractors shall take all safety precautions, fumish 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 Safety and Health Act Of 1970 and all mics and regulations issued pursuant thereto. Revised 0312010