HomeMy WebLinkAbout372543 ROCKY MOUNTAIN PAVEMENT - PURCHASE ORDER - 9144438PO
PURCHASE ORDER 914443er Page
City of PURCHASE
9144438 1 of z
' `t Collins
This number must appear
` ` 1 1 on all invoices, packing
sli s and labels.
Date: 08/05/2014
Vendor: 372543 Ship To: PARKING SERVICES
ROCKY MOUNTAIN PAVEMENT CITY OF FORT COLLINS
2001 W 64TH LN 215 N MASON, 1 ST FLOOR
DENVER CO 80221 FORT COLLINS CO 80524-4408
Delivery Date: 08/04/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Work at Oak/Olive lots 1 LOT LS 35,970.00
per proposal#16423
PER TERMS AND CONDITIONS OF BID 7417
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@fcgov.com
Total
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
I - " - - w - I rlAr�yaraarea
Page 2 of 2
I. COMMERCIALDETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is
I I. NON WAIVER.
98414502. Federal Excise Tax Exemption Certitude of Registry 84fi000587 is registered with the Collector of
Failure of the Purchaser f insist upon area performance of the moms and conditions hereof, failure or delay to
humid Revenue, Deaver, Colorado (Ref. Colorado Revised Statute, 1923, Chapter 39-26, 114 (a).
c le any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the nominator of or pymmt for goods hoseuMcr or approval ofthe design, shall not release the Seller of
Good Rejected. GOODS REIECfED due to failure to meet specifications, either when shipped or doe to defeets of
any of rise warranties or obligations of this porehase order and shall Out be deemed a waiver ofany right of the
damage in marsh, easy be reeuaed to you for credit and are not to be replaced except upon receipt of written
purchaer to insist upon codes performance hereofor my of ins rights or remedies six to any such goods, regardless
instructions from ton City affront Collins.
of when shipped, received or raceha as to any poor or subsequent defauh hereunder, nor shill Stay ptuprted
anal modification or courtroom of this purchase order by the Purehucr operate as a waiver of Say of the team
Inspection. GOODS are subject to fair City of Fan Collins inspection on arrival.
hereof.
Final Acceptance. Recoups of the merehaodie, services or equipment in response to fair order am result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
adhmlzed payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL
Seller and the Purchase, recopere, that in actual ec is practice, a erchargm es resulting Toantitrust
t
q ACCEPTANCE is dependent upon completion ofall applicable ruiml inspection procedures.
OODIaons are m Travelogues,
fact home by me Purchaser. eretoforenfor good cause and m consideration for executing Nis
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipments most be F.O.B., City of For Collins, 700 Wood St, Fort Collins, CO 80522, unless
acquired under federal or state antitrust leas for such ove.chmger relaing to the pnmide, goods of services
otherwise specified on this order. If permission 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 charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is
(fire Purchaserdirects the Sellerta cones, noneonfurming or del'enive good by a data to be agreed upon by the
expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when
Purthaserand the Seller arndthe Seller thereafterindicalm its inabdityar unwillingness to comply, the Purchaser
shipments are made Farm greater distance.
may came the work to be performed by the most expeditious means :available to it, and the Seller shall pay all
thers associated with such work.
Permits. Seller slunll procure at sellers sale area all necessary permits, cesificaee, and licamses required by all
applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision where
the work is perfomed, or required by any other duly constuded public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fort Collins hamrlecs from and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles
and recommends
Authorisation. All parties IS this contract agree that me representatives are, in fact bona fide and Lammas full and
complete authority to bind said pnics.
LIMITATION OF TERMS. This Freedom, Order expressly limits acccpmmc to the tcmu aM conditions coded
herein set both and any supplcmmmry or additional nmss and conditions annexed hereto or incorporated herein by
reference. Any additional or different corms and conditions proposed by tiller am objecurd to and hereby rgecred.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately Ryon coastal make complete shipment to active on your
promised delivery dam m noted. Time is of the essentt. Delivery and performance most be eRarcd within the time
stated on fire purehasc order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance ofp nial late deliveries, shall opeme as a waiver of this provision. In the event ofany 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. However, the Seller shall not be liable for damages as a result of delays
due to causes not mossubly foreseeable which are beyond its reasonable control and without its fault ofnegligence,
such acts of Gmk acts ofcivil or military authorities, Wa emmenpl priorities, fires, stokes, Rood, epidemics, wars or
rims provided that notice of the conditions causing such delay is given to the Purchaser within live (5) days of the
time when the Seller firs received knowledge therm(. In the event crony such delay, the date of delivery shall M
extended for the penal equal to the time actually lost by mason of fie delay.
3. WARRANTY.
The Seller waments that all goods, asides, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fat 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. no Seller agrees to hold the purchaser harmless tram any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of warenty. 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 terra ofany applicable warranty provided by the Seller allot the dam of
acceptance of the goad furnished hereunder (accepmnce not to be unreasonably delayed), tesulting fmm imperfect
or defective work done or materials f dished by the Seller. Acceptance or use of good by the Purchaser shall at
omtidm a waiver ofany claim under this warranty. Except as otherwise persisted in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing, moo or
or guarantees, but such liability shall in no evxot wclude loss ofp.fts or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by warm change order. ..
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal ¢ass, including additions to or deldiam fmm
the mannics, Originally ordered in the s iodfica mus Or drawings, by vebal or wrinen change order. If any such
change af'mts the amount due or the time ofperfomance hereunder, an equitable edjustment shall amade.
6. TERMINATIONS.
no Purchaser may at dry time by woman change order, mormeam this numerical as to any or all pnions of the
good then not shipped, subject to any equitable adjustment between the pnics as to any all of maedals then in
progress provided that the Purchaser shall not toe liable for any, claims far amicapmd profits on the uncompleted
portion of the goads anrVor work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any goods which am the Sellers smndard Sock. No such mmtindam shall relieve
the Purchaser or the Sal let ofany of their obligations as to any good delivered hereunder.
]. CLAIMS FOR ADIUSI'MF.NT.
Any claim for adjustment must be assured within thirty (30) days from the date the change or termination is
ordered.
S. COMPLIANCE WITH LAW.
The Seller warrant, that all grad sold hereunder shall have been produced, sold, delivered and furnished in stdcl
compliance with all applicable laws and regulations m which the good are subject. The Seller shall execute and
deliver such donations as may be required to effect or evidence compliance. All laws and regulations acquired to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees an,
indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Purchaser m a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither Perry .hall assign transfer, or or., this order, a, my moves due or to become due hereunder without the
Penn written Co., ofthe other Perry.
10, TITLE.
The Seller wands full, clear and unratocmd tide to the P odesser for all equipment, materials, and items fumi,hed
in pert anu of this agreement free and clear of any and all liens, comma dss, necromancer, mercury interest
mcumbmnces mail claims oforhers.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature
resulting from the performance of such work.
This release hall apply even in the coed of fault of negligence of the pan, released and shall extend to the
directors,,hears and cmployces ofsuch parry.
The Sellees contacted obligations, including wamanty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be Performed by the Purchaser.
14. PATENTS.
Wheneer the Seller is acquired I. use any design, device, rvred.) or process covereJ by lane, poem, ntademmk
car copyright, the Seller shall iMemniy and Save harminz the Parchuer from any and all claims for infringement
by sown of the use of such period design, device, matmal or process in connection with she mdfdet and
shill indemnity the Purchaser for any cos, expense or damage which it may be, obliged to Pay by now. ofsuch
infringement at any time during the prosecution or after the completion of elm work. In case said equipment, or
any pan thoreof or the intended use of Ne goods, is in such suit held to currents infringement and the rose of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the night to continue using said equipment or pans, replace the same with substantially equal but
muninfm,dri, equipment or modify it so it becomes noniefiinging.
15. INSOLVENCY.
If the Seller shall become insolvent Or hookups. make an assignment for the benefit of creditors, appoint a
receiver Or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The defnhions of corms used o, the in er,asnonn of the agreement and the rights of all ponies hereunder shall be
co named under and governed by the laws fthe Spin of Colomdn, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Reprexemative(s), on the premises f.it
❑. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall,
in ate of any accident, destruction or injury to the work md'or materials Were Sellers final completion and
acceptance, complete the work at Sellers awn expense and to the satisfaction of the Purchaser. When materials
and equipment are fmnuhM by others far i osullaion or erection by the Seller, the Seller shall receive, unload
someit Isadle name at the site and become respnsible therefor or Nought such matey aLs and/or equipmenl
were being furnished by the Sella ceder the order.
18. INSURANCE.
The Sella shot[, at his owns expense, provide for the Payment of workers compenation, including occuptiowl
disease benefits, to ifs employees employed on m in connection with the work covered by this purchase order,
millorW their dependents in accordance with the laws of the state in which fine work a to be done. The Sell,,
,ball .1m carry comprehensive gene.] liability including, but Out limited to, wmactual and automobile public
liability insurance with bwlity injury and death limits of at least 5300,0rq for my one person. SSm.000 for any
one accident and property damage limit per accident of S400,000. The Seller shall likewise seraphim his
contractors, if any, to provide for such compenwtion and insurance. Before any of the Sellers or his mmrwhmo
employees shall do any work upon the premises of others, fc Seller shall famish the Puchaa with a ceAfcare
that such compensation and insurance have been previded. Such cerrifcates shall specify, the date when such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and insurence expires. The Seller agrees that such compensation and insurance dull be mamuined until after the
entire work is completed and racqual.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assume the entire r.a,.neib,l.,y road liability fur any and all damage, lass or injury of any kind
or nature whatsoeverto persons or property caused by at resulting from the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
cr all of the Purchasers officers, agent, and employees fmm and against any and all claims, losses, damages,
harges or ex,ponews, whether direct or indirect, and whether to amons 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, or any of the Sellers or contractors officers, agents or employees. In case any suit or other
proceedings shall be brought against rare Purchase, or its officers, agents or employees at any time on account or
by reason ofany act, whom 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 file defense thereof and to
defend the same at the Sellers own a.,.. to Pay any and all costs, charges, fact,, fees and other expenses,
any and all judgments Nat may ho incurred by or obtained against the Purchaser or any of its or their officers,
agents or employees an such suit, or other pmceodings, tad in case judgment or other lam be, placed septa or
obtained against the property of den Fussiness. or said Wier in or as a result of such suits in other pma<dings,
the Sella will at once cause she same to he dissolved rid discharged by giving bond in otherwise. The Seller mat
his contmeors shall take all to, praautimar, fomuh and install all gtprd massamy for the pmentios of
accidents, comply with all laws and regulators; wish regard to safety including, be, without John.., the
Ocmprional Safety and Health Act of 1970 and all rules and regulations issued pursuant Hereto.
Revised 0 OW4