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HomeMy WebLinkAbout534235 APEX PAVEMENT SOLUTIONS - PURCHASE ORDER - 9144339PO PURCHASE ORDER 914433er Page i'1171 of PURCHASE 44339 1 of 2 F/' rt Collins[ his number must appear /�.!_`\J`' ` V " �7 on all invoices, packing sli s and labels. Date: 07/30/2014 Vendor: 534235 Ship To: OPERATIONS SERVICES APEX PAVEMENT SOLUTIONS CITY OF FORT COLLINS 607 10TH ST #207 300 Laporte Avenue GOLDEN CO 80401 Building B FORT COLLINS CO 80521 Delivery Date: 07/30/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Gardens on Spring Park 1 LOT LS 5,403.20 Seal coat entire parking lot. PER PROPOSAL #14-0227 ITEM #1 AND #3 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.mm Total $5,403.20 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tenting and Conditions Page 2 of 2 I. COMMERCIALDEfAILS. Tax exemptions. By a.., the City of Fort Collins is exempt from state and local hazes. Our Exemption Number u 98-04502. Federal Excise Tax Exemption Certificate of Registry 94-6000587 is registered with the Cothran of Internal Revenue, Denver, Colorado (Ref Colorado Revised Scanner 1973, CM1 ima 39-26, 114 (a). Goods Rejected GOODS REJECTED due to failure to men specification, either when shipped or due to defects of damage in tmmir, may be retumeA to you for credit sod art or to be replaced except upon receipt of xainm intmctiens from the City of Fo t Collins. Inspection. GOODS are subject to the City of Fan Collin inspection on arrival. Final Acepam, Receipt of the merchandise, services or equipment in response to this order can result in indication] payment on the Pon of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Tam¢. Shipments most be F.O.B., City of Fort Collins, 700 Woml St., Fort Collins, CO 80522, unless otherwise specified on this order. If pernission is given to prepay freight and charge separately, the original freight hill mast ammmman,ins'oice. Additional charges for Meknes will net cac«oted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are mule from greater distance. Prnrm, Seller shall procure at sellers sole cost all necessary records, ar ifcates and hansom required by all applicable laws, regulations, ordinances and rvles of the sham, municipality, territory or political subdivision where the work is performed, or required by any ether duly canslituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Collin harmless from and against all liability and loss incurred by them by reason of an asserted or established viomnon of any such laws. regulation, advances, hates and requirements. And horicalim, All parties a this contract onto that he repren,nlaives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions sated herein set forth road any supplementary or additional terms and coMitiom annexed hereto or incorporated herein by reference. Any additional ar di arad teems and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifWu cannot make complete shipment to arrive on your promised delivery data m noted. Time is of the coact. Delivery and Performance most be effected within the time stated On the purchase order and the d«annmts attached hereto. No ass of the Parchasers including, wihoul limitation, acceptance ofwnial late delivma, shall operate as a waiver ofthis powision. In the event crony delay, the Purchaser shall have, in addition 1. 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 artistry, due to causes rot reawwbly foreseeable which are beyond its reasonable cunt and without its fault of negligence, such acts of'God, acts ofeml or military, authorities, gmmmmenol priorities, fires, strikes, road, epidemics, wars or riots provided that node of the condition causing su.h delay is given to the Purchaser, within five (5) days write time when the Seller first received knowledge thereof, In the even of any such delay, the Jane of delivery shall be extended for the period amat to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this Omer will conform with applicable drawings, specifications, samples mWor other descriptions given, will be fit for the purposes imrnded, and Performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Sella agrece to hold the purchaser M1mmless from any loss, damage or expense which the Purchaser may suffer or incur on acmunI of the Sellers breach of na m ly. The Sella shall rep[a«, repair err make Solid. 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 arms of my applicable warranty provided by the Seller after the date of acceptance of the goods fum6hed hereunder (a«eptmce not to be onreasooably delayed), resulting form imperial or deRcfive work done or remains famished by the Seller. Acceptance or me of good by the Purchaser shall not continue a waiver Of any claim under this community. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warramics or guarantee,, but such liability shall in no event include loss of profo, 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 change to legal terms by wrinen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tenor, other than legal terms. including additions to or deletions from the quantities originally ordered in the specifications or drawing, by verbal Or x'ciuen change order. If my such change aRects the amount due a the time of,,f..rc harundeq on ryhimble adjustment shall be trade. 6. TERMINATIONS. For Purchaser may at any time by written change order, terminate this agreement as to any or all paniom or the goad then not shipped, subject to any equitable adjustment between the ponies in to any work or materials then in progress Provided nor the Pumhmer shall rust be liable for any claims for mticiwted profits on the um.mpleted portion of the goods mNor work, for incidental or consequential damages. and that an such adjustment he made in favor of the Seller with respect to :mY goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller crony of their obligations as to any good delivered hereunder. q. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants Nat all goods sold brourad r shall have been produced, wild delivered and famished in stint compliance with all applicable laws and regulations to which the goods art subject. The Seller shall execute and deliver such documents m may be required to effect or evidence compliance. All laws and regulation required to be incorporated in agreements of this chrmcher are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pony shall assign, transfer, a convey this order, or any monies due or to become due haewder without the prior wnhim consent aide other parry. 10. TITLE The Seller warrant full, clear not unrestricted title to the Purchaser for all calorimeter, nationals, and items furnished in performance of this agreement, free and clear of any and all liens, restriction, resavatiom, security interest encumbrances and claims crudites. 11. NONWAIVER. Failure of the Pamluaser to imist upon mdct pert an« of the terms and condition he i failure err delay to eximusany rights or remedies provided herein or by law, failure to promptly ratify the Seller in the event of a breachethe acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of any of the warantim or obligation of this purchase order and shall not be deemed a waiver of any right of the purchaser to ins, upon strict peR ante hereof., any of is nghts m remedies as m only such loops.regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any pumoned oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the purchaser r«ogniae that in aerial ec a practice, o ercM1mgc resulting from ..damn violation are in fact Some by the Purchaser. Thernofine for good caul and m consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereara acquired under federal of state antitrust laws for such overcharges relating to the particular goods or services pmchued or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser diners the Seller to correct imneoofmming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious mean available to it, and the Seller shall pay all cents axwciated with such wort. The Sella shall release the Purchaser aW its c ntrmcmrs of any an from all liability and claims of any Mmre resulting from the performance ofmch work. This release shall apply even in the event of fault of negligence of the prey released and shall exend to the directors, officers and employees of on pony. T he Sella, contractual oW.,mions, including warranty, shall not be deemed to be reduced, in any way, became audt work is performed a caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, matenal or process —Ned by later, patent, trademark Or copyright, the Seller shall indemnify and use 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 over, expense or damage 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 cal said equipment, or any pan thereof or the intended use of the goods, is in such suit held to contimse infringement and the tare of said equipment or was is enjoined. the Sena shall, at its own expense and at ass option, either proton, for the Purchaser the right to continue using said equipment or are, replace the same will, substantially equal but noninGtnging equipment, or modify it sat it becomes noninfnnging. 15. INSOLVENCY. If the Seller shall become insolvent or baNtmpt make an assignment for the beMfit of creditors, appoint a Oariva 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 definitions .fit. scud or the interymusubm of the agreement and the rights of all parties hereunder shall be combined under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in morm where the Sella is to Perform work hereunder, including the smicm of Sellers Remmwmkmve(s), on the promises ofodma. 17. SELLERS RESPONSIBILITY. The Seller shall carry an said work at SdIce, own risk until the same is fully completed and accepted. and shall, in u of any accident destruction or injury to the work wit or materials before Seller's final completion and necep., complete the wmrt at Sellax own expense mad I. the satisfaction of the pmclower. When marenals and equipment oR furnished by others fun iMtallahOn or erabou by the Sella, the Seller shall receive, unload, store and handle same at the site and become responsible therefor ss though such materials anNor equipment were being famished by the Sella under the order. 18. INSURANCE The Seller shall, at his own expense, provide for the payment of workers compensation, including ocmpofional disease benefits, to its employees employed on in in connection with the work covered by this purchau order, :md/or to their dependents in accordance with the laws of the sots in which the work is to be done. The Seller shall also tarty comprehensive general liability including, but not limited to, co rowdrd and automobile public liability insurance with b ddy injury and death limits of at least Scuff." for my one persom, 55W,000 for any ate accident and pmpary damage limit per, accident of SgW,000. The Seller shall likewise require his contracmrs, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall der any work upon the promises of others, the Seller shall famish the Purchaser with a certificate that such compensation ns and ia have been presided. Such certificates shall specify the date when such compensation and iunmnce have been provided. Such certificates shall specify the elm when such compensation and imuearce expires. The Sella agrees, rut such camprnsation and insurance shall be maintained volt[ ma the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for my and at I damage, loss or injury of any kind r nature whotsam'er to persons or property caused by or resulting from the execution ofthe work provided for in Nis purchase order or in connection berexith. The Sella will indemnify aod hold bmmleer the Purchasm and my a all Of the Purchasers officers, agents and employees from and against any and all claims, fusses, damages, charges or expenses, whether direct or indirect and whether to persons 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 consumers officers, agents or employees In case any suit or other proceeding shot[ be brought against the Purchaser, or its o(fcas. agars or employees at any time on account or by woman of any act action, neglect omission or default of the Seller of any of his contractors or my of its or their officers, agents or employees as aforesaid, the Sella hereby agrees to Assume the defense thereof and to defend the mine at the Sellers own expenses to pay any and all costs, charges, attorneys fats and other expenses, my and all judgments that may be incurred by or obtained against the Purchaser err any of its or their officers. agents or employees in such suits or other proceedings, and to case jedgmen or other lien be placed upon or obtiinal against the properly of the Purchaser, or said tunics in or m a result ofte ch suits or other porceedingz, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and Imoll all guard necessary for IS, prevention of accidents, comply with all laws and regulation with regard to Mfety including, but without limitation, the Omwtioml Safety and Health Act of 1970 and all hales and mmicaian issued porsaanl thereto. Revised 01R014