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HomeMy WebLinkAbout540320 ROCKY MOUNTAIN HARDSCAPES LLC - PURCHASE ORDER - 9144571PO PURCHASE ORDER 9144571 Page City, of44571 tofz �■ Collins( on all invoices, must appear V on all invoices, packing sli s and labels. Date: 08/1112014 Vendor: 540320 ROCKY MOUNTAIN HARDSCAPES LLC 15044 W 63RD AVE ARVADA CO 80403 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 08/11/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price i CONSTRUCTION SERVICES 1 LOT LS 14,128.50 INVOICE #1388 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 14.128.50 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tinnns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt fmm ace and local scom.Our Exemption Number u 11. NONWAIVER. 98-04502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered will, the Collator of Failure of the Purchaser to insist upon strict performmce of The forms and conditions hereof, failure or delay to Internal Resume, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). termite any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, The acceptance of or payment for goads herewder or approval of the design, shall not release the Sal let of Goods Rejected, GOODS REJECT ED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall oat be deemed a waiver of any right of the damage in traniT, may be resumed To you for credit and are not to be replaced except upon receipt of seine, purchaser to iant upon strict performance hereof or any of its rights or remedies as m any such goods, regardless instructions from the City of Fan Collins. of whin mippN, received Tor accepted, as ro any prior or subsequent default hereunder, nor shall any prtrynned oral modification or rescission of this purchase order by the Purchaser opemte as a Waiver of any of the terms Inspection. GOODS are subject W the City of Fan Collins inspection on control. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can rerun For 12. ASSIGNMENT' OF ANTITRUST CLAIMS. authorized payment an the pot of the City of Fan Collins. However, it is to be understood That FWAL Sella and the Purchaser magnum That in actual economic practice, Overchmges resulting from annitrnn ACCEPTANCE, dependent upon completion of all applicable acquired inspection procedures. violalioM are in fact prime by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, The Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter 14e1gM Terms. Shipments mast be F.OB., City of Fan Collins, 700 Wood St., Fort Collins, CO 80522, unless alliamise specified on This order. lfpamission is given to prepay freight and charge separately, the original freight bill ..it accrim omy invoice. Additional charges for packing will a.T be accepted. Shipment Distance. Where manufacturers have dimdbming poins in vareaus puts of the country, shipment is expected fmm the nearest distribution point TO destination, and excess freight will be detailed! !'ram Invoice when shipments are its farm greater distancei acquired under federal or state antitrust laws for such overcharge' minting to the particular goods or services purchased or acquired by the Purchaser pursuant o this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs The Seller to correct nonconforming or defective goods by a dam to be agreed upon by the Purchaser and The Sort and me Seller Thereafter indicates its inability or unwillingness m comply. the Purchaser may ause the work nri be pert ed by The mast expectations means available to it, mad the Seller shall pay all costs assucimal wiTh such work. Permits. Seller shall pram¢ at sellers sole cast all necessary permits, certificates and licenses required by all applicable [nes, regulations, afro -it, and rules of the torte, municipality, tembry or political subdivision where the work is perfumed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City Of Fart Collin hatless from and against all liability and Ins. incurred by them by reawn of an asserted or established violation of any such laws, rcgulatime, ordinances, toles and regniremm6 Authonmtion. All parties W this contract agree that the representatives are, in fact, born fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Gods, expressly limits roe x plane as The terms and conditions stated herein set forth and any supplementary or additional temp and conditions amexal hereto or incorporated herein by reference. Any additional or different moss and conditions propMed by caller are objected to and hereby jectal. 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 be e0'aled within the time sated on the purchase order and the documents attached! beret. No acts of The Purchasers including, without Initiation, acceptance of partial brie deliveries, shall operate m o waiver of this provision In the ,,at crony delay, the Purchaser shall have, in addition to the, 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 reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such TON of God, aas of civil or military authorities, governments] Priorities, fires, Farkas road, epidemics, wars or riots Provided Nat mutt of the conditions aasing sacM1 delay is given to The Purchaser within five (5) days of the time when The Seller first received knowledge thereof. In the event of any such delay, sae Jute of delivery shall be extended for the period equal br the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants That all goods, articles maenads cud work covered by This Order will confomr with applicable drawings, specifications, samples and/or orbs, desdptima 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 miler nature. The Sella agrees m hold the puchasse hatless farm any lass, damage Or expense which the Purchaser may suffer or incur on amount of the Sellers breach of warranty. The Seller shall replace, repair in, make good, withoun cost to no purchaser, any defects or faults arising within one (1) year or within such longer pond of time as may be FracrilsW by law or by the emu army applicable summary promled by the Seller after no, dam of acceptance of the goods famished hereunder (acrepmtwe Fiat To be umeawvbly delayed). Tanning fmm imperfect or defective work done or materials famished by the Sella. Aaepmnce or use argot by The Purchaser shall non constitute a waiver army claim under this wartanty. Except as eflu ratise provided in this prall n. room The Sellers liability hereunder shall extend to all damages proximately caused by the breach army of the foregoing warranties or guarantees, but such liability shall in no event include loss of prolins or loss orate, 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 winner change order. 5. CHANGES IN COMMERCIAL TERMS. To, Purchaser may make any changes to the terms, Other Nan legal teats, including addition to or deletioM from the 9uamitim ongimally ordered in the specifications or drawings, by verbal or written change older. If any such change affects The count due in the time ofperformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchrser may at any time by wnttcn change older, fonninnfo this agreement To to on, or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purclurna shall not be liable for any claims for anticipated profm an the uncompleted portion of the goods and/or work, far incidental or consequential damages, and that no such adjunmem he made in favor of the Seller with respect to any grads which are the Sellars standard smek. No such term action loath relieve the Purchaser or the Sella artery ofmair obligation as m any goads delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment font be asserted within thirty (30) days fmm the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller waunTa that all goods sold hereunder shall have been produced, sold, delivered and fumisM1ed in strict ompliance with all applicable Iaws and regulations a which the goofs see subject The Seller shall execute and deliver such documents as may be required m effect or evidence compliance. All laws and regulations required to be nummemted in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold The Purchaser minutes, final all rents and chases official by the Purchaser az a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry sM1utl assign, vanfe, or convey this order, or any meanie, due or to become due h mender without the prior wnnm coMmt of the other party. 10. TITLE. The Seller warrants full, clear and unresmcted Till, to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, remnctions, reservations, stormily intent encumbrances and claims of others. The Sella shall release the Purchaser and its contrumrs of any tier fmm all liability and claims of any nature resulting from The performance ofsuch work. This mlene bill apply an in the Fluor of thrall of negligmee of the puny releosed and shall extend Iri The directors, riblue,, and employees of suit party, Ile Sellers conacmm obligations, including warranty, shall not be deemed to be reduced, in any way, because such work a pafomed ar Caused Io be performed by The Pumhner. 14, PATENTS. lYheavenbe Seller is required to use any design, device, mammal For process revemi by label, pavan., trademark an copyright, the Seller shall iedemnify Fund .,a hatless tee Purchaser from any and all claims far androgens., by million of the use of such patented design, device, material or process in connection with The contract. and shall indannify The Purchaser for any cost, expense or daage which it may be obliged to pay by reason of such infringement at any Time during the prosecution or after the completion Of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constimre infringement and the use of said cquipmenl or pan is calcined, the Seller ahall, at its own expanse and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but nuninfringing equipment, or modify it so it becomes noninfringirri 15.INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the berefil of creditors, appoim a miniver or Trustee for any of the Sellers popery or buainew, this order may foMwith be canceled by the P mernar wihom liability. 16. GOVERNING LAW. The definitions of terms used or The information ofthe agreement and the rights of all parties hereunder shall be consumed under and 6ovemed by the laws of the State ofColomdo, USA, Thu following Additional Conditions apply only in cases where the Seller is m perform work bacomm, including tee services of Sellers Rryraem nive(s), oa am premises Ofodwm. IJ. SELLERS RESPONSIBILITY. The Seller shall airy on said work at Sellers own risk wtil TO, sae is fully completed and accepted, and shall, in me of any accident, deswnion or injury to The wok anNor materials Were Sellds final completion and acceptance, complete the work at Sellers awn expense and an The satisfaction Of the Putchastt. When matmals and equipment are famished by others for installation or erection by the Seller, the Sella shall receive. unload, a stare and handle se at the site and became responsible therefor as Though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, ar his own expense, provide for the payment of workers compensation, including Occupational dba e, benefits, to its employees employed on or in connection with the work covered by this purchase order, mo Vor to their depetdems in accordance with The laws of The state in Which the work ism be done. The Seller shall also curry, comprehensive general liability including, but not limited has Turnaround and automobile public liability insurance with bodily injury and dearth limits of at least 9W,0(go for any one Person, SS00,00o for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his onsuracrom, if any, To provide for such compenmtion and imurme , Before any of the Sellers or his contractors employees sbid) do any wod: upon the premiss of others, The Seller shall famish the Per chow, with a certificate that such compensation and insurance lave been provided. Such anificmes shall specify the dare when such impartation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Sellera,mrs their such Compemmim, and insurance shall be mainteineJ unlit alley the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. Tfie Seller hereby assumes the entire roc ainamility and liability for any and all damage, loss or injury crony kind or=lure whols mmr to persons or property eased by or raulTing ram the execution of the work pmiidcd for in this pttreha.c older or in comfoation herewith. The Seller will indemnify and hold harmless the Puchass r and any or all of The Pmchazers officers, agents and employees from and against any and all claims losses, damages, chzrga or expenses, wberber direct or indirect, and whether to person or pmperry to which the Purchaser may be put or subject by reawn 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 inew any suit or other Proceedings shall be brought against the Purchaser, or its Officers, agents or employees at any time On account or by mason Of any act, action, neglect, omission or defa ill of the Seller of any Of his contactors or any of its of their oRcers, agents or employees M aforesaid, the Sella hereby agrees to resume the defense thereof and to d FmJ The sae To Sellers own expense, no pay any and ail casts, charges, memeys fees and he, expenses, my and all judgments That may he incurrN by or maimed appall the Purchaser or my of in or their officers, agents or employees To such suits or other pTamehit and in case judgment or other lien te placed upon or obtained against the property of the Pumhastt, or said ponies in in as a mull ofsuch suits or other proceedings, For Seller will to a.- or. the xvna lobe dissolved and discharged by giving bond or othcrvise. The Seller and his communist shall Take all safety prtaution, famish and install all Ramada naessary for the prevention of accidents, comply with all laws and TFSTTI VOM with regard to safety including, but without lirmnsimi, the Occupational Safety and Health Am of 1970 and all toles and regulation issued pu.t thereto. Revised 07/2014