The URL can be used to link to this page

Home My WebLink About372543 ROCKY MOUNTAIN PAVEMENT - PURCHASE ORDER - 9104802PURCHASE ORDER PO Number Page City of 9104802 1 of z F6rt Collins This number must appear on all invoices, packing �slips and labels. Date: 09/13/2010 Vendor: 372543 Ship To: OPERATIONS SERVICES ROCKY MOUNTAIN PAVEMENT CITY OF FORT COLLINS 2001 W 64TH LN 300 Laporte Avenue DENVER Colorado 80221 Building B FORT COLLINS Colorado 80521 Delivery Date: 09/13/2010 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price Apply two full coats of Liquid 1 LOT LS 7,320.00 Road to the parking lot at 215 Mason. Re -stripe the same as existing. 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 Invoice Address: 7.320.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Terms and Conditions 1. This contract (hereinafter referred to as the "Agreement") including the terms and conditions that follow, supersedes any prior understanding or written or oral agreement between the parties, and constitutes the entire agreement between the parties and any understanding or representation not contained herein is hereby expressly waived. It is expressly understood that no representative of the contractor has the power to modify the provisions hereof in any respect, that Contractor shall not be bound by, or liable to, Owner for any representation, promise or endorsement made by any agent or person in Contractor's employment to set forth in this Agreement, and no modification or amendment of this instrument shall be binding on the Contractor unless set forth In writing and signed by an authorized officer of the Contractor. 2.This Agreement shall be binding on and Inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives successors, and assigns, where permitted by this Agreement. Owner expressly agrees that this Agreement is binding upon it and Is not subject to cancellation unless expressly agreed upon for any reason, as shown in the body of this Agreement, and that furthermore, notwithstanding the terms hereof, this Agreement shall not be binding upon Contractor until the credit of Owner is approved and accepted by Contractor. 3. Contractor shag not be Gable for delays or damages occasioned by causes beyond his control, including but not limited to: the elements, labor strikes and other labor unrest, riots and other public disturbances, acts of God, accidents, material and supply shortages, and delays occasioned by suppliers not meeting shipping schedules. 4. If any provision is modified by statute or declared invalid, the remaining provisions shall nevertheless continue in full force and effect. The Owner and the Contractor agree that the Agreement shall be construed and governed by the laws of Colorado and that venue for any dispute or litigation arising out of this Agreement shall be in Adams County, Colorado. 5. Any alteration or deviation from the specifications, including those directed by the Owner, construction lender and any public body, that involves extra cost (subcontract, labor, materials) will be executed only upon the parties entering into a written change order, which Contractor may or may not execute at its discretion. Owner hereby authorizes Contractor to make any such repairs and agrees to be responsible for the cost of any such repairs and agrees to be responsible for the cost of any such additional work and materials necessary to complete the Job as described herein. 6. Contractor will provide and pay for all labor and materials necessary to complete the Project. Contractor is released from this obligation for expenses incurred when the Owner is in arrears In making progress payments. 7. Contractor wig maintain worker's disability compensation insurance for his employees and comprehensive coverage liability insurance policies. va as 8. Contractor may substitute materials without notice to the owner in order to allow work to proceed, provided that the substituted materials are of no lesser quality than those listed in the specifications. 9. Contractor shall not be responsible for underlying materials of the pavement. 20, The proposal will expire within 90 days from date unless extended in writing by the company. After 90 days, we reserve the right to revise our price in accordance with costs in effect at that Um 10. The parties agree that In the event of breach of any warranty, either expressed or implied, the liability of the Contractor shall be limited to the labor costs of replacing the defective work. The Contractor shall not be liable for any other damages either direct or consequential. Notwithstanding anything else to the contrary, the Contractor shall have no liability or responsibility for any damage to the structure, its contents, floors, carpets and walkways that is caused by the condition of tracking materials (sealcoat, crack filler, tar, etc.), caused by others besides employees, regardless of whether such damage occurs or is worsened during the performance of the job. 11. Any warranty, express or implied, is void if contract is not paid full. 12. If any payment under this Agreement is not made when due, the Contractor may suspend work on the job until such time as all payments due have been made. Any failure to make payment is subject to a claim enforced against the property in accordance with applicable lien laws. 13. In the event the am ount of Contract is not paid within 30 days from completion, the account shall be in default. The accepter of this Agreement agrees to indemnify and hold harmless the Contractor from any costs of expenses incurred in the collection of the defaulted account, or in any part thereof, including attorney's fees, court cost, etc., and further agrees that the defaulted account, or in part thereof, including attorney's fees, court cost, etc., and further agrees that the defaulted account will bear interest at the rate of 1-1/2% per month, not to exceed 180% per year and not to exceed the maximum rate permitted by law, on the unpaid balance. 14. Owner agrees to i ify and hold her s the Contractor and its agents, na directo offic nd employees from q against clai ages, loss d expenses arising ou or resulting m the pe ce aft Agreement, inc mg claims relati to damages s by other esman claims related to 9 e ronmental I and haze us mater xcept to the extent that such d age, loss or expens d o gross negligence or willful in nduct of the party seeki E nity. 15. This contract shall become binding when signed by all parties and the authorized office of the Contractor. Owner agrees that upon cancellation before work is started, or before material is delivered on the job, to be liable for 15% of gross amount of contract for restocking fees. Owner is liable for the full amount of contract in the event they cancel contract after work has started. 16. If contract is completed except for the installation of the striping, then the Owner shall only have the right to hold 10% of the Contract price unfit that part of the work is completed. 17. Any notice required or permitted under this Agreement may be given certified or registered mail at the addresses contained In the Agreement. 18.Owner further agrees that the equity in this property is security in this Contract. This Contract shall become binding only upon written acceptance hereof by the Contractor or by an authorized Agent of the contractor, or upon commencement of the work. 19. This Contract constitutes the entire understanding of the parties, and no other understanding, collateral or otherwise, shall be binding unless in writing signed by both arties. A%-CDrJ V w�XIA.�024Lr4ASCpQA�� T.;/Z'`"��'F" L O �+fiL��.3NS