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HomeMy WebLinkAbout471395 J A R CONCRETE LLC - PURCHASE ORDER - 9104430Fort Collins Date: 08/25/2010 Vendor: 471395 J A R CONCRETE LLC 11621 WCR 13 LONGMONT Colorado 80504 PURCHASE ORDER Ship To: WATER UT CITY OF FC 700 WOOD FORT COLA PO Number Page 9104430 'oft his number must appear n all Invoices, packing slii and labels. Colorado 80521 Delivery Date: 08/24/2010 Buyer: OPAL DICK Note: Line Description Ofant� UOM Unit Price E tended Price OTHER REPAIR 8 MAINT SERVICES 1 LOT LS 5,217.55 700 WOOD ST City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $3000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-8775 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 Page 2 of 2 1. COMMERCIAL DETAILS. Tu exemptions. By stance thc City of Fort Collins is exempt from rote ad last texas. Ow Exempdon Number iri 98-04505. Federal Exam Tex Exemption Cdifnge of Registry 84-6000581 is regional ad h the Collector of Internal Revenue, Daiwa, Colorado (Ref CVknda Revised Seemed 1973, Chapter 39-26, 114 (a). Leads Rejected. WOOS REJECTED due to failure, meet specifications, i ithas when shipped Or due to ddecs of damage in mnsir, may he rebind ro you for credit ad are not te, be replaced except upon receipt of written instruagons from the City of Port Collins. Inspection. GOODS arc subject to the City of Port Collins urination, on arrival. Final Acceptance. Receipt of the merchandise, smiem a equipment in response to this order can result in awhmnd payment on fie port of the City of Fort Collins. However, it is to be udeddad that FINAL ACCEPTANCE is dependent upon complefion ofall applicable mquired inspection procedures. Freight Term. Shipments most be F.O.B., City of Fort Collins, 70) Wood St., Fan Collins, CO 8052, unless otherwise specified on Mis and. If permission is given, prepay freight and charge Separately, the odgial freight bill must accompany invoice. Additional charges for psking will nor be accepted. Shipment Distance. Where menufacmren have distfibning points in various prier of the country, shipment is expected from Me sweet distribution point re dariadon, W excess Bright will be diluted from Invoice when Shipments are made from greater diatase. Permits. Sella shall procure at Sellers ale cost all naacary permits, certificates and licenses required by all applicable laws, regulations, ordidents end roles of the mrs. municipality, territory or polifical subdivision where the work is performed, or required by any othd duly cmagmmd public mthority havinR faisdidem over the work of vend.. Seller funhas agrees to hold the City of Fort Collins harmless from and ageing all liability and lass incurred by than by fires of an asserted or established vintages, of any such laws, regulations, odinances, miss .it requiremem. 11. NONWANER Pelham of the Purchaser to insist upon atria perfmmena md of the teranconditions based. failure or dell m a erdse any rigMa of --di. provided herein a by kw, farms ro psi y tarry the Sella to the event of a bresh, the aceeptance ofor payment for goods heamder or approval aft design, shell not relwe the Sell. of .y of the wertado or Ablipfidw of this puchax odes and andl not be damcd a waivid of any fight of the purchaser to insist upon strict pardoner. hereof Or any of its rights or addition; as to any Such Rands, regedlm OF which shipped, received or accepted, as, any prior or subeequeM default haseurdas, na hell any pthpor t oral modification or reel lion of this purchase odes by the Purchaser open, as a waiver of any of the temp hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller end Me Purclasas reagdiu that in actual ecaremic Md.. overcharges resulting form antitmst violations are in fact bane by the Purchaser. TheMofore, fa good awe mid as cweidenf. for expeem, At, purchase .der, the Sella hereby assigns 0 Me Purchaser any, and all claim. it may now have or haselkr acquire uadd fecoul or soh drcitrua 1. for Such overchagem rekfing to Me particular gads err services purchad a squired by the Purchaserpmsuant re this purchase odas. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purcleaer directs the Sella, upward nveconfomkg a defective goods by a date, be agreed upon by the Purchaaef.nd the Sell., ad his Sellas themRer initiated its Walley on mvillingaca, comply, the Pwcbneer may cause the work to be performed by the most expdifi s maw avulable to it and the Sell. shall pay all cover aaadciated with Such work. The Seller shall release Me Pumhaxr and its canmdm of any rim from all liability and claims of any amre resulting form the p.fmmance ofsueh work. This release shall apply even in As event of fault of negligewe of the parry releaed and shall extend to the directors, offtcm and employees ofsuch P". Audari.non. All parties m this cmmct agree that the relnesenheives ere, in feet, We fide ad po.ess full end The Sellers command! obligations, including wgmnty, shall nee be dismal to be reducd, in any way, b raum canplae authority in bind aid pales. Such work is perpetual or caused to be performed by tie Pereh.c. LIMITATION OF TERMS. This Putcheu Oder e.resaly limits acceptance to the goods and conditions stared herein set high and dry au lendnmy or additional term and conditions g.e.d hand, or incur mW herein by reference. Any dditio.l Or diRermt terms and emdifims pminged by Seller we objend to ad hereby, rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you aura make complete shipment to drive on yo r pordaed delivery data a acted. Tim is ofthe records. Delivery and perfam.ce most he effaaed within the fine sorted ve the reaches order and the documw,s amchent here,. No urn of %e Foreheads including, without limitation,.c"ad fpm .l toe deliveries, Shall operate as a waivar ofthis provision. in the eve, of any del" the Fufchngr shill have, in adding. to other legal hid equitable rwwAm. the Opdon ofplackg %is ode elsewhere and holding the Seller liable fa damages. However, the Sell. Shall nee be liable for damages a a moult of delays due, tausd no nationality f ble which as beyond its reasonable eonml ad without its fault ofnegligence, such am of Gad, acts ofcivil or military ewhorifia, governmarel priorities, fice,.kee, Rood, epidemics, wen m fins provided then mice of the cordifimri causing such delay is given ro the Puorh.e, within five (5) days ofthe two who the Seller that received knowledge thergE In the event of any Such delay, the doe of delivery shall be extended for the period wind, the time actually Iran by reason ofthe delay. 3. WARRANTY. The Sella wdmns that all goods articles, rated de and work covered by this odes will conform with applicable drawing, aperifi g6oa, ..plea enNor other dacsimi. given, will be fa for the purposes handled. and performed with the higher, degree of care and canPa.. I. accordance with accepted standards for work of a imilar amre. The Sella agrees to hold the pmchaer harmless from my Ions damage or expense which the PdA.er may suffer or incur on accoum of the Sellers bouh of wamnty. The Sella shall replete, repair or make good, without cost an to purchased, eny, ddeche or faula arr ivg within err(1) year or within Such longer period of fire. may be prescribe by law or by %e terms of any applicable warranty pmvidd by the Sellr Mint the date of acceptance of the goods Arranged banned. (sasponce not, be unreemnabl, dekyd), meshing form imported Or defective work die a maldMls fimnished by the Sell.. Accounted, or use of goods by the Purchaser shell not consume a waiver ofany claim add this wermtry. Except. mhmvi. provided in this pahw and, the Sell, liability hereunder shall otend, all damages proxime,ly ceased by fl ebmach of any of Me foregoing wearisome fir eu.r„ms. but Such liability shell in no event include In. of. is or to. of sex. NO IMPLIED WARRANTY 4. CHANGES IN LEGAL TERMS. The Perth.fir may make changes to legl arm by written change ode,. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may As any changes to the more, Other than legal remn, nothing, aAM. to or deletion, Dom the quarmfies orgially ordered in the specifianone a dnwinge, by verbal a window, change odor. If any such change Sffem the amount due or the tune of Pat... herw,dd, en equitable adjustment ¢hall be made. 6. TERMINATIONS. The Purchaser may at any now by written change odd, mmiate this agreement d to eny or all pormad of the goods thw, nee Shipped, ubjea he ,ray equitable adjourned hewom the pard.r as to eny wok Or urge rials then in pmgrw provided that the Purchaser shall nee be liable for any claim tor addPM,d profits on the uncompleted portion of the goads dd/or work, for wddeutal a cmeequenn it damages, ad that nosh adjustment be made in favor Ofthe Sella war respect to any goods which we the Sellers mundwd smek. No such termination d.11 relieve the Pumhwer or the Sella deny ofthar Ablutions an, to any, goods delivered hereuea. 1. CLAIMS FOR ADJUSTMENT. Any claim for adjusmmt most be neseged within thirty (30) days Rom the dome the charge of tetuiafim is ordered. S. COMPLIANCE WITH LAW The Seller warnings the ell grads mid hereueer shall have ben produced, sold, delivered and fumuhed in mid supli.ce with ell .,liable hour end regulad.s , which the gads are rubject. The Seller shell essence and deliver Such documents as my be refund to eRen or evidence compliance. All laws ad regulations required to be incorporated in Mgreemm of this charterer ere hereby incorpaatd hmin by this rttemce. The Seller egrace , indemnify and bold the Purchaser harmleas fiom all cats and damages refund by the Nodded as a fault of the Sellers feikre re comply with such law. 9. ASSIGNMENT. Neither perry shall assign, transfer, or convey this and. Or any mmia den a, become due hereunder without the prior wfitem consent of Me other party. 10. TITLE. The Sella warrants full, clew and murmured fide, the Purchaser for all equipment, mAA,Is, and item Common mom in ffmmuva of this egreemw,t, fore and It. of wry ad ell lima, mtndons, reeasvMfigm, security, intereen enmmbrsaes sod claims of others. 14. PATENTS. Whenever the Seller is required to use afry design, device, mtenal orprocess covered by Its., patent, trademdk or copyright, the Sell. shall indemnify sod awe hmmlees the Purchaser from airy ad all claims for infringement by ream of tie use of such patented design, device, materiel or paw in . .ii.. with the unmet, end shell indemnify the Purchaxn for.ry as. expense or it.., which it rosy be obliged, pry by reason aSuch infrngement at dry, time during the precedence a after the completion of the work. In case said equfpment, or any pact thereof or the incedd um of the garde, is in such mit held in caddie inffingemw,t and the um of mid equipment or pan is enjoined, Me Seller shall, a its own expense and at us option, other pmure for Me Purch.to the fight , emerm using sold equipment in pats, ralace the .me with substantially equal but nminfrd's,equipment, or modify it eo it become nvef ffirdit" 15. INSOLVENCY. If the Sella shall become insolvent a bankrupt, make an aui.mnt for the befit of creditors, affairs a ,deper Imecee for Say of the Sellers property or business, this oiler may forthwith be ...led by tie Pinhead without liability. 16. GOVERNING LAW. The detain. ofedm used Or the interpre uid, ofthe egcemnt and the fight of all ponies hereunder shall he cmamal under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cues where the Who is to perform work hereunder, including the services of Sella. Reprtsemfive(s), on the Tougher ofothers. 17. SELLERS RESPONSIBILITY. The Sella shell tarty on mid wank at Sellers own risk a mi the came is fully completed and isarplod, and shall, I. cos of dry scidem, desWdm or injury , the work and/or materials before Selids final compldve and acceptance, complete the wok at Sellers owe expense ad to the satisfaction of the Purchaser. Whm material. and equipment are fimishal by othm for traWktion a reform by the Sella. As Seller Shall receive, unload, store and handle same at the nice and become responsible therefor as though Such materials and/or equipment were but, famished by the Seller under the oiler. Ig INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compen.tion, including Occupational disease benefits, to la employees employed on a in conadon with the work covered by this purchase adas, ad/a to their depedats in ucodance with the laws of the am is which the wok is to be done The Sella Asti also cony m npreheaive green liability including, but not limited to, cameenral and gutamobile public liability insurance with tidily injury and death limits of at ISM 5300,000 for any one person. 5500,000 for dry accident ..it property dosage limit pad meeidat of $400,000. The Sell. shall likewix require his ev nnMom, if eny, to provide for Such comprsafian and insurance. Before Say dthe Sellers or his -.maws employ, shall do any wok upon the premixes ofothers, the Sella shell fimieh the Paclown whn a d dificace %in such compen.mn ad am.. have Now pmvNed. Such dwiRcaes shell specify she due when such ompen.tim ad I... have been pmvAA Such certifiaed SIMI purify the date when such constructed. and insurance expires. The Sella .,as that such compensation al introduce shall be maintained udl after the entire wok is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby.... the mine responstiliry out liability, Ed.ry and ell dmage, to. a injury ifary kid or newre whatsoever, perms a property caged by a resulting Rom the executive ofNe work provided for in this purchase oiler or in c.a. herewith. The Sella will indemnify and hold harmless the Purchaser and any a ail of the fi rch.ass MD., agents and employee from and against any and all skims, to.., damages, clangor or expenses, whether direct or indirect, and whether to peso. a popery 0 which the Purchaser may be put or subject by raring of any act, radon, neglect, mutation a default m the Ian of the Sella, any of his cmmctm, or eery of the Sellers or cdnmctom officers, age, or employee. In dies envy ash a other proceedings shall be brought @SA O the Purchaser, or is offices, agard or employers ..y now on dead Or by mum of any, hid, action, neglw, amusing or default of the Seller of dry of his cdnmdo. or my of its or their officers, agents in employees as aforesaid, the Sella hereby agrees on wume the defense thereof and in defend the came at the Sella. own expense, to pay may and all tors, changed, a,me3m pea end other cxpmeo, my and all judgmem that my he incurred by a mu eel .,art the Puruhexr or dry, of its or their often, age, or employees in such its a othin proodgm ,and in case judgment Of other It. be placed upon or obmind again. the pnopsry ofthe Per amen, Of Said pries in a as a fault of Such aria or nth. proceedings, As Seller will at ice caws the same, be dissolved and discharged by giving bond or otherwise. The Seller and his cmmdm shall take it Safety preauficer, finnish Md retail all guilds nec..ry fa the pommnfim of accidents comply wbh all law, Said regulagrs. with regal tc safety including, but without limitation, the Oca attmsl Safety and H.Ith Am of 1970 and .11.I. and regulatime aged pmeuant therta. Revised 03/2010