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HomeMy WebLinkAbout103166 ZAK DIRT - PURCHASE ORDER - 9123158PURCHASE ORDER PO Number Page Clty OfCollins ���►►► 9123158 1 of s `t ( V olI I n C This number must appear ` J on all invoices, packing slips and labels. Date: 0513012012 Vendor: 103166 ZAK DIRT 14290 HILLTOP RD LONGMONT Colorado 80504-9680 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 05/30/2012 Buyer: OPAL DICK Note: Line Description Quantity Z UOM Unit Price Extended Ordered Price Other Prof & Tech Services 1 LS 31,347.46 ARTHURS DITCH REPLACEMENT 2 Shields/Laport Bridge Eng. / 1 LOT EA 6,928.00 Portion (#42070) 9-zx� 2. Oi1�u�s�- 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 $38,275.46 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terins and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAIVER, 98-04502. Federal Excise Tax Exemption Cti ifiemO of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser In insist Open strict performance of the terms and conditions hereof. failure Or delay to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies pmrided herein or by law. failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for good hereunder or approval of the design, shall net felt., the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either When shipped or doe to defects of any of the 0am, mics or obligations of this purchase order and shall not be doomed a waiver of any right of the damage in transit. may be retuned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to anv such goods, regardless instructions from the City of Fort Collins. of when shipped, received Or acecpted, as to any prior or subsequent default hereunder. nor shall any purported .nil modification or rescission Of this purchase order by the Purehi ser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival, hereof. Final Acceptance. Receipt of the merchandise, scmieca Or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITR(JST CLA I MS. reinsured paymcnt on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofali applicable required inspection pracedurcs. viol tines arc in fact borne by the Purchase, Theretofore, for Food cause and its consideration for executing this purchase enter, the Seller hereby assigns to due Purchascr any and all claims it may now have or hereafter Freight Terms . Shipments most be F.O.B., City of Fort Collins 700 Wood St, Fort Collins. CO 90522. unless acquired under federal or state antitrust laws for such overcharges relating to the pn ticular goods or 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. U. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is Ifthe Purchaser directs the Seller to ceneci nonconforming or defective good by a date to be agreed upon by the expected from the nearest distribution Point to destination, and excess freight will be deducted fmm Imnice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments ram made fmm greater distance. may cause the work to be performed by the most expeditious means mailable to it Wad the Seller shall par all costs associated with such work. PcmiL. Scllcr shall procure at .sellers sole cast all naessary Permits. certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, wiffitory or political subdivision where the work is performed, or required by any other duly constituted public authority haviagjurisdietinn wren the work of vendor. Seller further agrees to hold the City of Fort Collins hamdess fmm and against all liability and loss incurred by them by reason of an asserted or csnblishcd violation of any such laws, regulations. ordinances, miss and requirements. Authorization. All parties to this conhaet agree that the representatives 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 stated herein set forth and any supplementary or additional terns and conditions annexed hereto or incorporated herein by reference. Any odditional or differed terms and conditions proposed by Scllcr are objected to and hereby rcjectcd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedimely if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthc essence. Delivery and performance must be effected within the time stated on the purchase order and the documents amaehed hereto. No act% of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event offory 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 doe to anises not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such act%of Gad, acts of civil or military authomics, governmental pnco tics, rims, strikes, Bond, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event affray such delay, the date of delivery shall he extended for the period equal 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 order will conform with applicable dmwmgs, specifications, samples and/or other description given, will be fit for the purposes intended, and perfamed with the highest degree of care and competence in accordance with accepted standards for wink of a similar nature. The Seller agrees to hold the purchaser heartless fmm any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair ar make gad, without cot to the purchaser, any defects or faults arising within one (1) Vem or within such longer period of time as may be prescribed by law or by the terms of any applicable wamnty provided by the Seller aPer the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed). resulting fmm imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchascr shall not constitute is waiver Tiffany claim under this wamnty. Except as Otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caned by the breach of any of the foregoing aromatic, matic, Or gnamntccs, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser mat make changes to legal terms by written change Oder. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the hems. other than legal terms, including additions to or deletion Tom the quantities Originally ordered in the specifications or drawings. by verbal or avimcn change order. If any such change affects the amount due or the time of Pcrfomance hereunder, an equitable adjotment shall be made. 6. TERMINATIONS. The Purchase, may at any time by written change order. terminate this agreement as to anv or all portions of the grad then out shipped, subject to any equitable adjustment between the parties as to any Ov tk or materials then in progez provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any good which are the Sellers standard stock. No such termination shall relieve the Purchascr Or the Seller Offaly of their obligation as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be as crtcel within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance All laws and regulations required to be incorporated in agreements of this character am hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchascr hamlcss from all costs and damages suffered by the Purchaser its a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, mousier, or convey this order, or any monies due or to become due hereunder without the poor written consent of the other parry. 10. TITLE. The Scllcr wmmnts full, clear and unrcstricmd title to the Purchascr for all equipment, materials, and items furnished in Performance of this agreement, free and clear Of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of anv tier from all liability and claims of my nature resulting Tom the performance ofs ich work. This release shall apply even in the event of fault of negligence of the party relcasal and shall extend to the directors, officers and entployces of such party. The Seller's eonraaunl obligations, including warn my. shall not be deemed to be reduced, in any way, because such work is perfomrmed or caused In be performed by the Purchaser. 14. PATENTS. Whenever the Seller is rcquimd to use any design, device, numnal or process covered by letter, patent, madcmark or copyright. the Seller shall indemnify and save hamlcss the Purchaser from any and all claims for infrinecmcat by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnifv the Purchaser for any ant. 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 case said equipment, of any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchascr the right to continue using said equipment or parts, replace the same with substantiolly equal but noninfringing equipment, or modify it so it becomes noninfrfnging. 15. INSOLVENCY. If the Seller shall beconm insolvent Or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business. this Order nay forthwith he canceled by the Purchascnvithout liability. 16. GOVERNING LAW. The definitions of tem%s used Or the Tuctprcut ion ofthc agreement and the rights ofull Parties hereunder shall be construed under and govemcd by the laws of the State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including The Sen'iees of Sellers Reprcscrmmive(s), on the premises ofothers. 17. SELLERS RFSPONSIIIILITY, The Seller shall carp' on said work at ScHer's Own risk until the same is fully completed and acecpted, and shall, in case of any accident destruction or injury to the sod and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller. the Seller shall receive, unload. store and handle .same at the silo and become tespnnsihle therefor as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall. at his own expense. provide for the payment of workers conipco fine, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also tarty, comprehensive general liability including, but not limited to, communal and automobile public liability insurance with b,n,ily injury and death limit of rat least S300.0,10 for any one pc—. S500.0,30 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his comments, if anv, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the Promises ofothers, the Scllcr shall famish the Purchascr with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date whensuch compensation and insurance expires The Seller agrees that such compensation and insurance shall he maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assu ims the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to Persons or property caused by or resulting from the execution ofthe work provided for in ,his purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or ell of the Purchasers affects, agents mut employees from and against any nod all claims losses, damages charges or expenses, whether direct or indirect, and whether to persons or pmpeny to which the Purchaser may be put or suNeet by reason of any net, netien, neglect, omission ar default ran the pen Of the Seller. any Of his contractors, or any of the Scllcrs or contractors affects, agents or employees. In case any suit or other proceedings shall be brought against the Purchascr, or its officers, agents or employees at any time on account or by reason of any Oct. 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 Scllcrs own expense, to pay any and all cots, charges, attnmcys fees and other expenses, any and all judgments that may he incurred by or obtained against the Purchascr or any of its err their effects. agents or employees in such suits or other Proceedings, and in case judgment or other lien he placed upon or obtained against the pmpeny of the Purchaser, or said parties in or as a result ofsuch suits or other proceedings, the Seller will at once cause the saute to be dissolved and discharged by giving bond or Otherwise. The Seller and his contactors shall take all safety precautions, famish and install all guards necessary for the prevention of accident, comply with all laws and regulations with regard to safety including. but without limitation, the Oeapa,ional Safety and Health Act of 1970 and all cola and rcculations issued pursuant dmicto. Revised 0312010