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HomeMy WebLinkAbout471395 J A R CONCRETE LLC - PURCHASE ORDER - 9121703City of ,Fort Collins Date: 0312112012 Vendor: 471395 J A R CONCRETE LLC 11621 WCR 13 LONGMONT Colorado 80504 PURCHASE ORDER PO Number Page 9121703 1of2 This number must appear on all invoices, packing slips and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS Colorado 80521 Delivery Date: 03/20/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price City Hall - Xeriscape Garden Saw cut, remove, dispose, compact and prep sub -grade for new 4" thick, colored exposed aggregate concrete at the xeriscape garden at City Hall. After-hours work is required for demo of the existing concrete. Per work order OP-443008 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 6,288.00 Total 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 I. COMMERCIAL DETAILS. - Tax exempt ion,c. By statute the City of Port Collins is exempt from state and local taxes. Our Exemption Ntnnber is 11. NONWAIV ER. 98-01502. Federal Excise Tax Exemption Certificate of Registry 94-6000597 is registered with the Collector of Failures fifth, Purchaser to insist upon sheet pcnfomtanu of the terms and conditions Immuf. failure or dclav to Internal Revenues. Deriver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39 26. 114 0), exercise any rights or remedies provided herein or by law, failure to promptly many the Seller in the event of a breach. the acceptance of or payment for goods hereunder orapproval of the design, shall not release the Scllcr 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 deemed a Weiver of any right of the damage in transit. may be returned to veto for credit and arc not to be replaced except upon receipt Of written purchaser to insist upon strict performance herenfor any of its rights or remedies as to any such goods. regardless instructions from the City of Pore Collins - of open shipped, received or accepted, as to any prior nr s.b,cq.cnt default hereunder. nor shall any moon ed oral modification or rescission of this purchase order by the Purchaser operate as a orivcr 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 response to this order can result in 12, ASSIGNMENT OF ANTITRUSTCLAIMS. authorized payment on the pan of the City of Fort Collins However. it is to he understood that FINAL Seller nod the Pumfirwr rccognizc that in actual economic practice. overchuges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Puchoer. Theretofore, for good cause and es consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now, have or herea0cr Freight Terms. Shipments must be ED H.. City of Fort Collins. 700 Wood St, Fort Collins CO 80522, naless acquired under federal or state antitrust Imes for such overcharges relating to the pnniculnr goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight pmrchosed or acquired by the Pumhoscr pursuant In 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 points in various parts of the entries, shipment is I fthe Purchascrdirects the Seller to carrot nonconforming ordelective goods by a date to be agreed upon by the expected front the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicaas its inability or unwillingness to comply, the Purchaser shipmts arc enmade fee.,greater disanec may cause the work to he performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary, permits. eenifieztcs and license regoimd by all applicable laws regulations, radinances 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 Von Collins hamdess from and against all liability and loss incurred by them by reason of an asserted or established violation of any such Incas regulations, onlinamce,, rules and mquimmcnts. Anthorizition. All parties to this contract agree that the represcntarivcs are. in fact. burn fide and possess fill and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order caprecly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional tans and conditions annexed hcrcto or incorporated Iwreim by reference Any additional or different lens and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make compica shipment In arrive on your promised delivery date as noted. Time is of ncc essence. Delivery and performance must be effected within the team stated ran the purchase order and the documents wombed hereto. No acts of the Purchasers including. without limitation, acceptance ofpartial late deliveries, shall operate as a waiver of this provision. In the Went of any delay, the Pnmhascr shall have, in addition to other Icgal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. HOccvvcr, the Seller shall not be liable for damages as a result of delays due to causes net msenably forcseahle which are beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil or military authorities, governmental priontics, rims, strikes, flood, epidemics, mars 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 rewired 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 fthe delay_ 3. WAR RANTY. The Seller warrants that all goods, articles materials and work covered by this order will conform with applicable drawings, specifications, 'somples and/or other descriptions given, Wi11 be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may ,offer or incur on account of the SCIICrs breach rf wamnty. 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 terms ofany applicable worm my provided by the Seller ,a0cr the date of acceptance of the goods 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 goods by the Purchaser shall not constitute a waiver of any claim under this wamnty. Except as nthcnvisc provided in this purchase order. the Sellers liability hereunder shall extend to oll damages proximately caused by the breach of any of the foregoing warranties or guarantees. but such liability shall in no event include lax of profits or loss Of osc. NO IMPLIED WARRANTY OR MERCHANTABIEITY OR OF FITNESS FOR PURPOSE SI ALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal semis by Witten change order. 5, CHANCES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions fmm the gutmair, commonly ordered in the .pecificalons or draw ngs, by verbal or Written flange order. If any such change affects the amount due or the time of performance hcrcundcr, 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 equitublc adjustment between the Parties as to any work Or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profit, on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adbtstment be made in freer of the Seller witti respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofeny oftheir obligation, as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any.elaim for adlastmmnt must be asserted Within thirty (30) days from the date the change or termination is entered. R. COMPLIANCE WITH LAW. The Seller wamnty that all goods sold hereunder shall have been 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 lawsand regulations required to be inwrpuratcd in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the PorehnsCr harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply With such law. q. ASSIGNMENT. Neither party shall assign. transfer, or convey this order, or any conics due or to become due hereunder oithout the prior written consent of the other parry. 10. TITT E. The Seller svam. no 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, restrictiens, mscrvml ins. Syrian ty interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any n,fare resulting from the performance ofsuch work. This release shall apply even in the event of foal[ of negligence of the parry released and shall extend to the directors, oRcers and employees ofsuch party. The Seller's contractual obligations, including wamnty, shall not be deemed to be reduced, in any way, because such work is perfom¢d 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 harmless the Purchaser from any and all claims for infringement by reason of the use of such patrnted design, device, material Or peaces, in connection with the contract, and shall indemnify the Parchawr for any cost. expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution Or under the completion of the work. In case said equipamvf, or any part 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 enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment er parts, replace the some .with suhstantiolly cannot hot nuninfringing equipment or modify it so it becomes noninfrdngdng. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the hencfit of creditors, appoint a receiver or trustee for any of the Sellers property or business. this order may forthwith he canceled by the Purchaser svithnnt liability. 16. GOVERNING LAW. The dearitions ofterms used or the interpretation Offl a agreement and the rights efull panics hcrcundcr shall be constn¢d under and governed by the laws of the Stare of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perfom work hcrcundcr. including the services ofSellers Representarive(s), on the premises ofrrthers. 17. SELLERS RESPONSIBILI FY. l'he Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Sel Ices final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are fomishcd by others for installation or erection by the Seller, the Seller shall receive, unload. store and handle sate at the site end become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 19. INSURANCE. The Seller shall, at his awn expense, provide for the payment of worker, compensation. including occupational disease benefits, to its empinyecs employed no 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 he done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance .with budily injury and death limits of rat least S300,000 for any one Iversen, S500.000 for an,,. one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contmnors, if uny, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work open the Premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insumnee have been provided. Such certificates shall specify the date When such conmensation and insurance Vast, been provided Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance .shall be maintained until abet 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 nnv kind Or culture evhnt,ocvv, to persons or property erased by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indcmnify and hold harmless the Purchaser and any or all of the Purchasers of iecrs, agents and employees from and against any and all claims, losses damages charges Or cxPenscs, 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 of any of the Sellers or contractors officers, agents or employees. In rose any snit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time no account Or by reason of any act, action, neglect emission or default of the Seller of any of his contractors or any of its or 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 pay 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 inns or other pmccedings, and in case judgment or other lien be placed upon or obtained against the property ofncc Purchaser, or said parlics in of is a result of such snits or other proceedings. the Seller will of once cane the some to be dissolved and discharged by giving bond or etherize. The Seller and his contractors shall take all safety precautions, furnish 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 rules and regulations issued pursant thereto. Revised 0312010