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HomeMy WebLinkAbout532046 J M J MASONRY LLC - PURCHASE ORDER - 9143882City of F,6rt Collins Date: 07/10/2014 Vendor: 532046 J M J MASONRY LLC 2406 15TH AVE GREELEY CO 80631 PURCHASE ORDER PO Number Page 9143882 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 07/10/2014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Ordered Extended Price i Mulberry Pool 1 LOT LS Repair the deteriorating cinder block around the building. reference estimate # 2014-296 dated 6/12/14 14,000.00 - remove and replace block at exterior of building that are cracked of faces are falling off - $10,800.00 - rental of 60ft lift for 3 weeks - $3,200.00 price includes - removeing the exterior face of failing block, replace wit hgrey block of matching texture, grind out and repoint failing mortar joints price excludes - painting block to match existing contact: Mel Winden Dh# 970-566-7045 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fogov.00m 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 1. COMMERCIAL DETAILS. Tax exemption. By stands the City of Pon Collins is exempt from stare and local moms. Our Exemption Number is 11. NONWAIVER. 98-04502. Fe lcml Excise Tax Exempt.. Cenifcam of Registry 84-6000587 is registered with the Collator of Failure of the Purchaser to insist upon suict performance of the terms and condition hereof, failure or delay to In imal Revenue. Dena, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or retard es provided herein or by law, failure to promptly mufy no Seller in the event of a breach, the acI,. of or payment for goads hereunder or approval of the design, strait not release the Seller of Goods Rejected, GOODS RFJECFED due to failure to meet speri firmit n, either when shipped or due m defects of any of the warranties or obligation of this purchase order and shall not he deemed a waiver of any right of the damage in transit, may be returned to you for credit and me not to be replaced except upon receipt of written Purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless instructions from the City of Fan Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shut any, purported oml modification or rescission of Nis purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject o the City of Fan Collin inpation on arrival. hrmof. Final Acceptance. Receipt of the mcmhaMise, strikes or equipment in maladies to this order ran result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. offluo zot paymmt on the pan of the City of Fan Collins. however, it is to be understood that TWA[. ting sulting from antitrust Seller and the Perchance, recognize that in W oal a is practice, ovemhmuni ACCEPTANCE sdependmt upon completion ofall applicable required inspection procedures violations are in fact home by the Purchaser.Theretofore afar gstod view and as consideration for executing this purchase order, the Seiler hereby assigns to the Purchaser any and all claims it may now have or hereaner Freight Terms. Shipments must be F O.B., City of Ton Collins, 700 Wool St., Fan Collins, CO 80522. unless acquired under motional or seta antitrust laws for such overcharges relating to the particular guests or services otherwise specified on this oNer. If pewission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charnel for packing will trot he accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution prim to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Pemdts. Seller shall procure al sellers sale cost ell nacssary pennies, ccrime . and litters squired by all applicable Iaws, regulation, oediner acs and sales of the seta, municipality, mmmry , political subdivision where the work is peafarmrd, or required by any other duly contimted public henc dity havingjudsdiaion over the work of vendor. Seller fuller agrrm to hold the City of Fort Collins handless from and against all liability and lass Incurred by them by reason of ern asserted or established violation of any such laws, regulations, ordinances, tales and requirements. Am umbation. All at. to this cummut agree that the repleunmtirn are, in fact, born fide and Pa. full and complete authority to bind said parries. LIMITATION OF TERMS. This Purchase Order expressly limits accepmnre to the owns and conditions statot herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or difibrent terns and conditions proposed by seller are objectud to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immotialely ifyou comet make complete shipment to arrive on your promised delivery dam as noted. Time is of,k essence. Delivery all performance must he e@eted within the time stated oa the purchase oMe, and the documents mmc6ot hereto. No ads of the Purchasers including, with., limitation, acceptance of partial late delivenes, shall Operate as a waiver of Ibis provision. In the meant ref day delay, IM1c Purchaser shall have, in addition to other legal soil eymulalic remedies, the .,,..a Of placing this order elsewhere and holding the Seller liable for damages. I Iowevc . the Seller shall not be liable for damages as a result of delays due m ...a .1 reasonably forceable which are beyond in reao,sable control and without its faoh of negligence, such acts afGod, acts ofcivil or military amhcritims, govemmenel priorities, fires, strike, flood, epidemics, wars, not provided Out notice of the condition causing such delay is given to for Purchaser within five (5) days of the time when the Seller fins received knowledge thereof In the event of any such delay, the dam of delivery shall be extended for the permit equal to the time actually last by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, mamas and work covered by this order will conform with applicable drawings, specifications, samples andlor other description given, will W fit for Ilse purynrs intended, and performed with the highest degree of care and compelence in accoNmsce with a cePed standards for work of a similar nature. The Seller agrees to hold the Purchaser hmmless from any loss. damage or expense which the Purchaser may suffOr or incur on account of the Sellers breach of icaramy. The Seller shall replace, repair or make good, with., cost, the purchaser, any defects or faults arising within one (1) year or within such longer lamed of time as may be presented by law or by the terms of any applicable warrants provided by the Seller after the date of acceptance of the good fumishal hereunder Deceptions not to be unreasonbty delayed), resulting from imperfect or defective work done or materials firmahed by the Seller. Acceptance or use of goods by the Purchaser It not ontimm a waiver, of any claim order this wawnty. Except as otherwise provided in this purchase aide, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing wamantla or guarantees, but such liability shall in no event include loss of petits or loss of use. NO IM PLI Elf WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changer to legal terms by women change Order. 5, CHANGES IN COMMERCIAL TERMS. The Pnrchner may make any changes to the tends, other than legal terms, including additions to or deletions from the quantities originally entered in the specifications or drawings, by verbal or written change order. If any such change afTects the amoum due Or the time of perfomance hereunder, an equitable adjusmenl shall be made. 6. TERMINATIONS. The Purchaser may M any lime by written change order, terminate this agreement as many or all pommas of the goods then not shipped, subject many equitable 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 profils on the onsami,debad portion of the good ardor work, for incidental or on as.henrial damages, and that no such adjustment be made in favor of the Sella with respect to any goods which art the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany effluent obligation as to any goods delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim Cur edjustmmt must be asserted within thirty (30) days from the dam the change or teaninnion is ordered. 8. COMPLIANCE WITH LAW. The Seller wamnts that all goad sold hereunder shall have been produced, sold, delivered and famished in sm e, compliance with all applicable laws and regulation to which the goods are subjat. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulation required to he incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees of indemnify odd hold Ole Purchaser hawless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall naign, Transfer, or convey this order, or any monies due Of to hecome due hereunder without the prior women consent of the other party. 10. TITLE. The Seller waranm full, clear and umestrined title to the Purchn for all equipment materials, all items furnished in performance of this agreement f and clear of any and all liens, restnmiors, reservation, security interest eWwMWnwrs and claims i fathers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purcho ar directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Sel let, and the Seller themoor indicates its inability or nnwillib,W. to comply, the Purchaser may cause the work to be performed by the most expeditious mans available In it, and the Seller shall pay all casts associated with such work. The Seller shall release the Purchaser end its mnrtanan of any tier firm all liabilil anal claims of any afhrrc resulting from the pefomance of such work. This release shall apply even in the event of fault Of negligence Of the party released and shall extend to the direcmrs, officers and employees of such party. The Settee, m facruml obligations, including.1y, shall not be dreamed I. he reduced, in any way, because such wash is performed or mused W be performM by Ne Purchaser. 14, PATENTS. Whenever the Seller is ro mord to use any design, device, material Or process covered by lemur, 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 patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any east, expense or damage which it may be obligot m pay by reason of such infringement at any time during me prosecution or after the completion of the work. In case said equipmmt, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement 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 to cadinue using said equipment or pans, replace the same with substantially equal but mainfringing equipment. or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or hafNmp, make or sssignment for the benefit of creditors, appoint a receiver or trustee for any of fire Sellers pmperry, or business, this order may forthwith he canceled by the Puwhas, without liability. 16. GOVERNING LAW. The definition oftems used or the interpretation of the agreement old the rights of all parties himodubr shall he comtmed harbor it ga.d by me laws ofthe Sec¢ afColorado, USA. The following Additional Conditions apply only in cases where file Seller is to prf orm work hereunder, including the services of Sellers Represm,tivKs), oo the premises of Were. ❑. SELLERS RESPONSIBILITY. The Seller shall carry an said wash at Shce , own risk it the same is fully completed mad accepted, and shall, n case of any acddem, deswetion or injury to the .,it and/or Iruterias before Suite, furl completion and amepmnce, complete the wok at Sellers own expense and I. the satisfaction of the Puahaser. When materiels and equipment are fumishrd by others for 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 mmenals and/or equipmem were bring furnished by the Seller order the order. 18. INSURANCE. The Seller shall, in his own expelasr, provide for the payment of f others compensation, including oc tracr dal disuse benefits, to its employees employed an or in connection with the work covered by this purchase under, and/or to their dependents in accordance with the laws of the suite in which the work is to be done. The Seller shall alw carry comprehensive gaeral liability including, but not limited to, nmfteco al and automobile public liability insurance with bodily injury and death limits of at leer $300,000 for any one person, S5dd,d00 far any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his mnractors, if any, to provide fee such compmeadon and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a cenifimte them such compsensurion unit insurance have been provided. Such a nibcarm shall specify the date when such compensation and insurance have been provided Such ce ti6cata shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ass es the attire mapanibiliry and liability for any and all damage, loss or injury ofany kind r nature whatsoever to person or Inquiry caused by or resulting from line execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser snit any r all of the Purchasers OOicers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect and whether m peraorm or pmpeny to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on no pan of the Seller, any of his commcmrs or any of the Sellers at contractors officrn, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its oRcen, agents or employres 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 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, attorneys fees and other expenses, any end .11 judgments that may he incuocd by or obtained against the Purehner or any of its or Nei, oRcen, agents or employees in such suits or other proceedings, and in case judgmut or other ling be psced upon or obmmead against the property Mime Purchaser, or said 1*vnirs N or as a result of such suits or other preceotingto the Seller will at a,e utsses the same to ber dissohe I and discharged by giving boll or otherwise. The Seller and his parameters shall take all safety precaution, famish and install all gourds necessary for the prevention of accidents, comply with all laws and regulations with repad to vfety including, but without limitation, the Occupational Safety and Health Act of 1970 and all tales and regulations issued pursuant thereto. Revised 0312010