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HomeMy WebLinkAbout471395 J A R CONCRETE LLC - PURCHASE ORDER - 9122449City of �.F6rrt Collins Date: 04/27/2012 Vendor: 471395 J A R CONCRETE LLC 11621 WCR 13 LONGMONT Colorado 80504 PURCHASE ORDER PO Number Page 9122449 1o12 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: 04/26/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price OTHER PROF & TECH SERVICES 1 L LS 6,697.00 273 LINCOLN CNTR ALLEY 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 $6,697.00 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. Toe exemptions. Be nftmle the City of Fort Collins is exempt from state and fiscal taxes. Our Exemption Number is 11. NONWAIV ER. 08-04502. Federal Exuma Tax Exemption Ccrtif eate of Registry Ru-60005R7 is registered with the Collector of Fnilum of the Purchaser to insist upon strict performance of the terms and conditions humor failure or delay to bnernnl Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-25, 114 (a). exercise any rights or remedies provided herein or by Ixvv. failure in p rriptly notify the Seller in the event urn breaclt the acceptance of or payment for goods hereunder or approval ohhe design, .shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications either when shipped or due to defects of any of the worm noes or obligations of This purchase order and shall not he decmcd a waiver of any right or the damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict perfnrmnncc hercofor anv of its rights or remedies is heany such goods, regardless instructions from the City of Fen Collins. of when shipped, received or accepted. ns to any prior or subsequent default burial later. nor shall any purponM real cord i fiction or rescission of this purchase order by the Purchnscr operate as a waiver of any a the toms Inspection. GOODS am subject to the City of Too Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, set,ices of 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 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 borne by the Purchaser. Theretofore, for grand cause and as considemtin l for executing this purchase order, the Seller hereby assigns to flit, Purchaser any and all claims it may new have ran hereafter Freight Teams. Shipments must be F.QR_ City of Fort Collins, 70N1 Wood St., Fort Collins, CO 80522, unless acquired under federal or state nntimisl laws for such overcharges relating to the particular goods or services otherwise specified oa this order. If permission is given to prepay freight and charge sepnntely, 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 points in various parts of the country, shipment is If the Pureha,cr direct, the Seller to cared nonconforming or dcfectivc goods by a date to be agreed upon by the expected room the nearest distribution point to destination, and excess freight will be deducted Tram Invoice when Purchnscr 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 par mod by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permit,. Scllcr shall poocure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state. munieirairy, territory or political subdivision where the weak is performed, or required by any other duly constituted public authority, having jurisdiction over the work of vender. Seller father agrees to hold the City of Fan Collins harmless from and against all liability and loss incurred by them by reason of ran asscncd or established violation of any such laws mgafii iris, ordinances, n les and requirements. Authorization. All Panics to this contract ague, that the representatives arc, in fact, bona Fide and possess full and complete authorise to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the teams rand conditions stated herein set forth and any supplementary or additional harms and conditions annexed hereto nor incorporated lament by reference. Any additional or different toms and conditions proposed by seller are oblectnl to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must he effected within the time stated on the purchase order and the documents attached human. No acts of the Purchasers including, without lin.itatinn, acceptance ofpanial late deliveries, shall operate as a W:oiver ofthis provision. In the even urine delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding The Seller liable for damages. Hoovver. 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 acts of God, acts of civ it or military authorities, governmental priorities, fires. strikes, Mond, epidemics wars or riots pmwidcd that notice of the conditions causing such delay is given to the Purchnscr within Five (5) days of the time when the Seller first received knowledge nuclear.. In the went 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. 'fhc Seller wirom s 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 intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nail,,. The Seller agrees to hold the purchaser harmless from anv loss damage or expense which the Purchaser may su Rer or incur on account of the Scllcrs breach of wamnty. The Seller shall replies. repair or make good, withrnn cost to the Purchaser, any defects or faults arising within one (1) year or within such longer paned of time an may be prescribed by Inv or by the toms ofany applicable warranty prodded by the Seller after the date of acceptance of the grad fitmished hereunder (acceptance not to he unreasonably dclayc(l), resulting from imperfect or detective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warenty. Except is otherwise pmwidcd in this purchase order, the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach orally critic ramming Warnatics or guimntees, but such liability shall in no event include loss of profits or loss ofuse. NO IMPLIr:D WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY, 4. CHANGES IN LEGAL. TERMS. The Purchaser at make changes to kcal terms by written change order. 5. CHANGES IN COMMERCIAL TER-NIS. The Purchaser may make any changes to the terms, other than legal Isms, including additions in or deletions from ,he quamam, originally mdemd in the specificaion, or drawings, by verbal or wrine. change outman. I any swh change affects the amount due or the time of performance hereunder. an equitable adjustment shall be made. fi. TERMINATIONS. The Pumhascr may it any time by written change order, terminate this agreement as to any (it all portions of the goods then not shipped suhicct to any equitable adjustment between the parries 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 cords and/or work, for incidental or consequential damages. and that no such adjustment be made in favor of the Seller with respect to any god which are the Sellers standard stock. No such termination .shall relieve the Purchaser or the Seller orally of their obligations as to any gouts delivered hcrcunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asscncd within thirty (30) days from the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller nwmnK that all goods sold hereunder shall have been produced sold, delivered and furnished in strict compliance with all applicable lases and regulations to which the goods are subject. The Seller shall execute and deliver such documents is may be required to effect or evidence compliance. All Imes and regulations required to be incorporated in agreements c this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hari from all costs and damages suffered by the Purchnscr is a result of the Sellers failure to comply With such law. 9. ASSIGNMENT. Neither pan shall assign. transfer. or convey this order, or any monies due or to become due hcrcunder without the prior wnuca consent of the other party. 10. TITLE. The Seller warm ads fall, clear and unrestricted title to the Purchaser for all equipment mtderials, and items furnished in performance of this agreement, free and clear of any and all liens. restrictions, rescrations..security interest encumbrances and claims of othcm. The Seller shall release the Purchaser and its contractors orally liar from all liability and claims orally n turc resulting from the performance ofsuch Work. This release shall apply even in llc event of fruit of negligence of the parry released and shall extend to the dimctors, officers and employees o'such party. "The Seller's contractual obligations including wamnty, shall not be deemed to be reduced, in any Way, because such Work is performed or caused to be perfumed be the Pumhascr. Id. PATENTS. Whenever the Seller is required to use any design, device, material nr process covcrnl by letter, patent, trademark or copyright, the Seller shall indemnify and save hnmlcss the Pumhascr from any and all claims for infringement by reason of the use oLamh limited design, device, materiel or process 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 infringenanl at any time during the prosecution or fifer the completion of the Work. In case sold equipment, or any part thereof or the intended use of the goods. is in such stir held to constitute infringement and the use of said equipment or pan is enjoined. the Seller shall, at its own expanse and at its option. either procure for the Purchaser the right to comment using said equipment or pans, replace the same With substantially equal but nuninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become imnheut at hankron, make an as, ignnant for the bcncfit of creditors, appoint a receiver or trustee for any of the Sellers property or business this order may forthwith be canceled by the Purchaser Within liahilily. IF. GOVERNING LAW. The ddlnilioos oftenns used or the interpretation ofthe agneemcnt rand rhea rights ofill parries hcrcunder shall be construed under quit governed by the lows of fhc State of Colneado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Reprcecntative(s), on the premises of others. I7.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 case of any accident dcmetion or injury to the Work and/or materials before Seller's final completion and acceptance, complete the Work it Sellers own expense and to the sula fi ction of the Purchaser. When materials .and equipment are famished by others Tor 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 and/tar 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 crmpensation. 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 slate in Which the Work is to be done. The Seller ,hull also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance rwilh bodily monry and death limit of at least 5300.000 for any one person. S500.000 for any one accident and property damage limit per accident of S400,0*0. The Seller shall likewise require his contracmrs, it any, to provide for .,left con. penguin. and insurance. Before any of the Sellers or his contractors employees shall do any Work upon fine prom iscs of others, the Seller shall furnish the Purchaser with a cenifcite that such compensation and insurance Invc hewn provided, Such certificates shall specify the date when such compensation and insurance have been provided. Such ecnifcaes shall specify the dam when such eompersglion and insurance expires The Scllcr agree, chat such compensation and insurance shall be maintained until after the entire Work is complend and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for invited all damage. loss or utility ofany kind or nature whatsoever to persons or property caused by ormsulting from the execution of the work provided fur in this purchase orderor in connection herewith. The Scllcr will indemnify and hold harmless the Purehoser and any or all of the Purchasers affects, ngcnts end employees from and against any and all claims, losses, damages charges or expenses, whether direct or indirecl. and whether to Persons or pmpeny to which the Purchaser may he put or saubiect by reason of any set action, neglect, omission or default on the pan of the Scllcr, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In csea any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees it uny 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 employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Scllcrs own expense, to pay any and all costs charges, attomcvs fees and other expenses. any and ill judgmeas that may be incurred by or obtained against the Purchaser or anv of its or their officers. agents or employers 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 or as a result o'such suits or other proceedings, the Seller Will at once cause the same to he dissolved and discharged by giving bond orotherwise. the Scllcr and his contractors shall take all safety precautions, furnish and install ill 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 pursuant fhcean. Revised 03/2010