HomeMy WebLinkAbout103166 ZAK DIRT - PURCHASE ORDER - 9136778Fort Collins
Date: 03/18/2014
Vendor: 103166
2AK DIRT
14290 HILLTOP RD
LONGMONT CO 80504-9680
PURCHASE ORDER
PO Number Page
9136778 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: ENGINEERING DIVISION
CITY OF FORT COLLINS
281 N COLLEGE AVE
FORT COLLINS CO 80521
Delivery Date: 12/18/2013 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
3 CHANGE ORDER 1 1 LOT EA 25,540.01
4 CHANGE ORDER 1 1 LOT EA 6,385.00
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
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By staved the City of Fort Collins u exempt from state and local exec. Our Commit Number is
I I. NON WAIVER.
98-(14502. Federal Excise Tax Exemption Cenifica a of Registry M-6000587 is mgim mul with the Collector of
Failure of the Pccoaser in insist upon strict pert of the terms and conditions hereof, failure or delay, to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Saint. 1973, Chapter 39-26, 114 (a),
exemise any rights or mnWies pmnded herein or by law, failure to promptly notify the Seller in the event of a
coach, me acceptance of payment far local hereunder or approval .fine design, shall at release the Seller of
Goods Rejected. GOODS MELTED due I. failure to meet spe6fica iam, either when shipped or due to defects of
any of the warranties or obligations of this purcham order and shall not be deemed a waiver of any right of the
damage in transit, may be returned to you for credit and are 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 any such goods, regardless
instructions from the City of Fort Collins.
of when shipped, received or accepted, as to any no, or subsequent default hereuadev nor shall any purported
oral modification or rescission of This purchase corer by the Purchaser operate as a waiver of any of the terms
Intimation. GOODS are subject to the City of Fan Collins inspection on annual.
hereon.
Final Acceptance. Receipt of ore mercharah., services or tyuipment in response w this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorid payment on the pan of the City of Fort Collis,. However, it is m be understood tact FINAL
Sella and the Purchaser m'ogniac Nat in actual economic practice, o erchargas resulting Earn anlitrnst
ACCEPTANCE is dependent upon completion ofall applicable refrirW inspection procedures.
violations bornehaser. are in fact by the Purc. Theretoforefogood come and es consideration for executing this
purchase order, the Seller hereby assign to the Pomhaser, any and all claims it may now have or bmafter
Freight Temp. Shipments most be F.O.B., City of Fort Collins, 70) Wood St., Fort Collins, CO 80522, unless
acquired under federal or state antitrust laws for such ovnchmgcs relaning to the particular good or services
otherwise specified not this order. If permission is give. as prepay freight anal charge separately, ore original freight
purchased or acquired by the Purchaser pursmnt to this purchase orden
bill most acmmoanv invoice. Additional aharges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in us pans of the country, shipment is
expected from the nearest distribution point to destitution, and excess freight will be deducted from Invoice when
shipments are made from former dsmnce.
Permits. Seller shall procure .1 sellers sole cost .II necessary Fermi¢, certificates and licenses mammal by all
applicable laws, regulations, ordinances and ales of the state, municipality, territory or Political subdivision where
the work is performed, or required by any other duly constituted public authority havingjunsi iction over the work
of vendor. Seller folder agrees to hold the City of Tom Collins barmlm fern and against all liability and loss
incurred by them by reason of an assened or established violation of any such laws, regulations, ordi., ales
and requirements.
Autoorivtien All parties I. this comma agree that the representatives are, in fact. hone fide and possess full and
complete authority, to bind said panic.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the teats and conditions stated
herein set ford and any supplementary or additional mom and conditions annexed laves, or incorporated herein by
reference. Any additional or different a. and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised deliverydate as noted. Time is of the essence. Delivery and performance most ha effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance ofpartial late deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and of iable remedies the option ofplwiag this order elsc vhere
and holding the Seller liable for damages. However, fire Seller shall not be liable for damages as a result of delays
due to causes sot reasonably foreseeable which am beyond its reasonable control and without its fault of negligence,
such ace of God, acts ofavil or military authorities, governments] paionties fret, shikes, food, epidemics, wars or
nuts provided Bat notice of the conditions causing such delay is given to the Purehaser within five (5) days of the
time when the Seller first mewed knowledge Nerve[ In the evens of any such delay, the date of delivery shall be
extended for the pound equal vie thc time actually lost by reason of ore delay.
3. WARRANTY.
The Seller warrants that all goods, articles, nationals and work covered by this order will conform with applicable
drawings, specifications, samples andrm other descriptions 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
similar nature. The Seller agrees to hold the purchaser harmless from 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 or make
good, without cost to the purchaser, any defects in faults arising within one (1) year or within such longer period of
time as may W proscribed by law or by the at. ofany applicable warranty provided by the Seller after toe data of
acceptance of the good famished hereunder (accepWce not to be unreasonably delayed), awaiting from imperf t
or defective work done or materials famished by ore Seller. Acceptance or use of geed by the Purchaser shall act
constitute a waiver ofany claim under this warranty. Except as otherwise pevided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties
or guarantees, but such liability shall in no event include loss ofpmGts or loss of me. 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 written change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal terms, including additions to or violations fmm
the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such
change affects the amount due or the time of pedbrmmce hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may in any time by written flange order, terminate this agreement as to any or all puritan of the
goods than not shipped, subject to my equitable adjustment between the panic as to any work or materials then in
progress provided that the Purchaser shall not he liable for my claims for anticipated prfits on the uncompleted
portion of the goods and/or work, for incidental or consequential damages, and teal no such adjustment he made in
favor of the Seller with respect to my goods which ore the Sellers standard stack. No such uminafion shall relieve
the Purchaser or the Seller ofany of their obligations as to my good delivered hereunder.
]. CLAIMS FOR ADRJSTMENT.
Any claim for adjustment most be assered within thirty (30) days from the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller amounts, that all good said hereunder shall have brew produced, sold, delivered and famished in stun
compliance with all applicable laws and regulation w which the good are subject. The Seller shall execute and
deliver such documents as may be required 10 affect or evidence compliance. All laws and regulations required w be
incorporated in agreements of this chamcly ere hereby incmpomted herein by this refea t.m. The Seller agree to
indemnify aW bold the Purchaser bamtlas from all carts and damages a fend by the Perm user as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party, shall assign, tranfer, or convey this order, in my monies due or to become due hereunder without he
prior women consent of the other party.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment materials, and items fumishW
in performance of this agreement free and clear of my and all liens, restriction. resmhtions, wearily interest
encumbrances and claims i fathers.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs ore Seller to cored nonconforming or defective grad by a doe w he 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 1. nd performed by the most expeditious means available to it, and the Seller shall Pay all
costs assaimed with such work.
The Seller shall release the Purchaser and its connracton of any tier from all liability and claims of my nature
resulting from the performance ofsuch work.
This release shall apply even in the event of fault of negligence of the party, released and shall extend to ore
directors, oficus and employees ofsuch party.
The Sellers ...me.] obligations, including warranty, shall .1 be deemed to be reduced, in any way, because
such work is Performed or caused w be perfrmed by the Purchaser.
IC PATENTS.
Maraccer the Seller is rryvired to use any design, device, mmmal or process covered by Ionic, patent, hudamark
r copyright, the Seller shall indemnify and save hamflum the Purchaser from any and at I claims for infringement
by reason of the use of tech patented design, device, marmot or process in connection with the cautious, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosaution or after ore completion of the work. In case said equipment or
any pan thereof or the intended use of the good, is in such suit held w comtionto infringement and the use of
mid equipment or pan is enjoined, the Seller shall, at its own expense and at is, option, either pmcare for the
Purchaser the right to continue rasing said expripmmt or pans, replace the same with subsmanally rynal bun
noninfringing equipment or modify it suit beeomcs mninfringing.
15. INSOLVENCY.
If the Seller shall became insolvent or bankrupt, make an assignment far the benefit of creditors, appoint e
or .,as for any of the Sellers property or business, Nis Order may forthwith be canceled by the
ha Purcser without liability.
16. GOVERNING LAW.
The definitions of terms used or the inta,mation ofthe agreement and the rights of all parties hereunder shall be
construed under and governed by the laws ofthe State of Colorado, USA.
The following Additional Condition apply only in cams where the Seller is to perform work hereunder,
including the smicas of Sellers Reprcanum ive(s), On the premises ofothen.
19. SELLERS RESPONSIBILITY.
The Seller shall carry oe said work at Sellers own risk until the same is fully completed and accepted, and shall,
in came of my accident destruction or injury as the work mrNor marenals before Sellers final completion end
accepmoce, complete the work at Sellers own expense and no the satisfaction of the Purchaser. When materials
and aquipmem am famished by others for installation or erection by to Seller, the Sella shall receive, unlasd,
.tort and handle same at the site and become responsible there(m as though such mazer ids andsar equipment
were being fumuhed by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expene, provide for the payment of workers compensation, including acupatioral
disease benefits, It, 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 scale in which the work is to be done. The Seller
shall also carry, comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of at least S300,W0 for any one person. 5500.000 for any
.no accident and property damage limit per accident of S400,000. The Seller shall likewise require his
if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate
that such compar tion aM insurance have been provided Such momficams shall specify the date when such
ompewtion aW insurance have been provided. Such eer ificates shall specify the date when such compensation
uld insurance expires. The Seller agrees that such compensation and insurance shall D<maintained wail after the
"tire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the "tire responsibility and liability for any and all damage, loss or injury of any kind
or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in
this puchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
or all of the Purchasers officers, agents and employees from and against my and all claims, losses, damages,
charges or expenses, whether direct or indirect, and abettor w person or property to which the Purchaser may
In, put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, my of his
con nsctors, or any of rate Sellers in contractors effcm, agents or employees. In case, my suit Or other
,.Win, shall M brought against the Purchaser, or its aMe., agents or employees at any time an sommot or
by reason of my act action, neglect omission or default of the Seller of any of his comments or my of its or
their officers, agents or employees as aforesaid, the Seller hereby agents to assure the defense thereof and to
defend toe same to tha Sella own experem, so pay any and all costs, charges, attorneys f and other expenses
my said all judgments that may be inured by or obtained against the Purchaser or my of its or then officers,
agents or employees in such suits or other proceedings, and in case judgment or other Iran be placed upon or
obtained against the property of Ne Purchaser, or said parties in or as a result ofsuch suits or other proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall rake all safety precautions, famish and install all gmi necessary for the prevention of
accidenls, comply with all laws and regulations with regard to safety incudng, but without limitation, the
Occupational Safety and Health Act of 1970 and all ales and regulation issued pursnant thereto.
Revised 03R010