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HomeMy WebLinkAbout471395 J A R CONCRETE LLC - PURCHASE ORDER - 9121128City of Fort Collins Date: 02/23/2012 Vendor: 471395 J A R CONCRETE LLC 11621 WCR 13 LONGMONT Colorado 80504 PURCHASE ORDER PO Number Page '9121128 1of2 This number must appear on all invoices, packing slips and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 02/23/2012 Buyer: OPAL DICK Note: / Line Description QuantityX UOM Unit Price Extended Ordered Price OTHER PROF & TECH SERVICES /PLOT LS 8,443.50 257 U 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 $8,443.50 Invoice Address City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tenns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. Hy statute the City of Fan Collins is exempt boom state and local taxes. Our Exemption Number is 11. NONWAI VER. 9R-04502. Federal Excise Tax Exemption Certificate Of Registry 94-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the toms and conditions hcrco(, failure Or delay toIntem d Revenue, Denver. Colorado (Ref Colorado Revised Statutes 1973. Chapter 39-26. H4 (a). exercise any rights or rcmedics pmvidcd herein or by law, failure to Pmmptiv notify the Scllcr in the event Of a breach, the acceptance nfor payment for goods hereunder no approval of the design, shall not release the Seller of Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or tine to defects of any Of the wamnties or obligations of this purchase order and shall not be deemed a waiver of any right of ncc damage in transit, rev be retuned to you for credit and are not to be replaced except ONO receipt Of m,rittcO purchaser to insist upon strict performance hereof or any of its rights or rcmedics i s to any such goods, regardless instructions from the Cierof Fen Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any Forgetter] oral modification or rescission of this purchase order by the Purchascr Operate as a waiver of any of the tools Inspection. GOODS arc subject to the City of Fen Collins inspection On arrival. bermf. Final Acceptance. Reecipl of the merchandise, services Or equipment in response to this order can result in 12.ASSIGN\ I ENT OF ANTITR USE C LA I MS. authorized payment on the pan of the City of Fen Collins However, it is to be understood that FINAL Seller and the Purchaser recognize that in rental economic practice, overcharges resubing from ationsl ACCEPTANCE is dependent ,pan completion of all applicable required inspection procedures. violations are in fact horse by the Purchaser. Theretofore, for good cause and a%consideration for exeeuling this purchase Order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.H., City of Fen Collins, 700 Wood St.. Fen Collins, CO 80522. unless acquired under federal Or state antitrust Imes for such overcharges relating to the particular gads Or wi-Lu,es otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased err acquired by the Purchascr pursuant to this purchase order, bill most accompany invoice Additional charges for packing will not be accepted. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance, Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to bear eed upon by life expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice %%hell Purchascr and the Seller, and the SCncr thereafter indicates its inability or iinwillingiiess to comply, the Purchaser shipmcals arc made far greater distance. may cause the work to be performed by the most expeditions means available to it, and the Seller shall pay all casts associated with such work. Permits. Seller shall presume at sellers sale cast all necessary panics, Benificales and licenses required by all applicable laws, regulations, ordinances and odes of the state. municipality. territory or political nmb(In ision where the mark is perfomed. or required by any other duly constituted public authority having jurisdiction over the work Of vendor. Seller further agrees to hold the City of Fen Collins harmless fmm and against all liability and loss incurred by them by reason of an assents or established violation of any such laws, regulations, ordinances. roles and requirements. Aubmiruion. All panics to this contract agree that the reprcsenmtives are. in fact, bona fide and posses fill] and complete authority to bind said parties. LIMITATION OF TERMS. This Purchnsc Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed herein or incorporated herein by reference. Any additional Or diffemat tans and conditions proposed by seller arc objected m and hereby miccial. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your Promised delivery date as noted. Time is O(the essence Delivery and purfnmznce must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchnsc¢ including. without limitation, acceptance ofpartial late deliveries, shall operate as a waiver of this prevision. In the event ofany delay, the Purchascr shall have. in addition to other legal and equitable rcmcdiea, the option ofplaeing this order elsewhere ,,ad holding the Seller liable for damages. However. the Seller shall not be liable far 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 acts of God, acts ofeieil m military authorities. governmental priorities, fires, strikes flood, epidemics. wars or riots provided that notice of the conditions causing such delay is given to the Purchascr within five (5) days of the time when the Seller first meshed know edge thcrcof. 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 attic delay. i. WARRANTY. The Seller wamnts that if]] goods, anieles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or Other descriptions given, will be fit for the parpose, 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 purchaser harmless from any lass, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamnty. The Seller shall replace, repair at make good. within 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 lase or by the tans ofany applicable warranty provided by the Seller after the dote of acceptance of the goods furnished hereunder (acceptance art to be unreasonably delayed), resulting from imperfect or defective work done ar materials Furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver Orley claim under this warm my. Except as otherwise provided in this purchase order. the Scllcrs liability hereunder shall extend to all damages proximately rased by the breach of any of the foregoing wamnties or guarantees. but such liability shall in no event include lass of pmFa 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 toms by written change oiler. 5. CHANGES IN COMMERCIAL TERMS. The Purchascr may make any changes to the hums. other than legal terms. including addilims to or deletions from the 9urmhlce originally oNered in the specifications or drawings, by verbal or written change order. If any such change affects disclaimer due or the time ofperfbmlanec hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchascr may at any time by written change order, terminate this agreement as to tiny or all portions of the good then not shipped, subject to any equitable nbionecto M—cl t the panics as to any work or materials then in progress pmvidcd chit the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential stamng". and that no such adjustment be made in furor of the Scllcr with respect to any goads which arc the Scllcrs standard stock. No such ternamilion shall ethers the Purchascr of the Seller of any of their obligations as to any Band delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be nsvned within thirty (30) days fmm the date the change Or termination is nmcred. R. COMPLIANCE: WITH LAW. The Seller warrants that all goods sold hereunder shall have base produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance All lases and regulations required to be incorporated in agreements of this character are hemby 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 the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, mnafer, or convoy this order, come, 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 Purchascr for all equipment. materials and items fumishcd in performance of this agreement free and clear of any and all liens, restrictions, reservations, security inrcrcst encumbrances and claims of others. The Seller shall release the Purchascr and its cantradors of any tier from all liability and claims of any nahuc resulting loom the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the dincmrs, effects and employers ofsuch party. The Seller's contractual obligations, including wmnnry, 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 any design, device. material or paces covered by letter.patent, trademark or copyright, the Scllcr shall indemnify and save harmless the Purchaser fmm any and all elainms 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 cast expense or damage which it nay be obliged to pay by mason ofsuch infringement at any time during the prosecution or afcr the completion r the work. In case said equipment. Or any part thereof or the intended use of the goods, is in such suit held to constitute infringemment 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 in continue using .said equipment or pans. replace the same with .bstantially equal but noninfringing equipment or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt make an assignment for the wricfit of ertdilon. appoint a receiver Or Imxtee for any of the Sellers papery Or business, this miler may forthwith be canceled by the Purchaserwithout liability. 16. GOVERNING LAW. The do Onilians ofterms used Or the morpretalion ofthc agreement and the rights of all panics hereunder shall he constmed Linder and govemed by the Imes of the State of Colorado, USA. The following Additional Conditions apply Onlv in cases %%here the Seller is to perform work hereunder, including the services e(Sdlcrs Reprasentalive(s), On the prcmiscs Ofnthcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in crse of any accident (restriction or injury to the work and/or materials before Seller's fmnnl completion and acceptance, complete the work at Scllcr's own expense and to the satisfaction of the Purchascr. When materials and equipment arc fumishcd by others for installation or erection by the Seller, the Seller shall receive, an]oad. store and handle same at the site and become responsible thercfor as though ,such materials and/or equipment were being furnished by the Seller under the ardor. 19. INSURANCE. The Seller shall, at his own expense, provide for Ihr prymcnt n(warkcrs rompenmtion, including occupational disease benefits. to its cmployccs employed an ar 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 wark is to be done. The Seller shall also carry comprehensive graced liability including, bar net limited to, commetual and nutemohile public liability inxurance with b,o 0y injury end death limim of,,, Irnxr SILLO.Wo for any one peraon, S500.000 Poe any. arc 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. Before any of the Sellers or his mnmctars enmlOvecs shall do any work open the pnm ises of ethers, the Seller shall furnish the Purchaser 'rich a ecnificmc that such compensation and insurance have been provided. Such eenifiwtas shall specify the date when such eempensrLion and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall he maintained until aner the claim work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hereby assumes the cilia respansibiliry and liability for any and all damage, loss or injury army kind ar nature whatsoever In persons or property caused by or resulting fmm the execution ofncc work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hnni the Purchaser and any or all of the Purchasers if ecm agents and employees foram and against any and all claims. loses. damages. charges or expenses, whether direct or indirect. and whether to persons or propery to which the Pnmhaser may be put or ,subject by reason of any act. action, neglect, omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contmctors 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 any act. action, neglect. omission or dc(aun of the Seller of any of his contractors or any of its Or their affects, agents or employees as aforesaid, the Seller hereby agrees to assone the defense thereof and to defend the same a1 the Sellers own expense, to pay any and all costs, charges, altnmcys Ices 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 he place(] upon or obtained against the propcny of the Pnmhnscr. or said panics in or as a result afsuch suits or other proceedings. the Seller will at once case the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall rake all safety precautions. furnish and install all guards necessary for the prevention of accidents, comply with all lass:s and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all mles and regulations issued pursuant harem. Revised 03/2010