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HomeMy WebLinkAbout103166 ZAK DIRT - PURCHASE ORDER - 9136003 (2)Cily of Fort Collins Date: 03/18/2014 Vendor: 103166 2AK DIRT 14290 HILLTOP RD LONGMONT CO 80504-9680 PURCHASE ORDER PO Number Page 9136003 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: 11/05/2013 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 6 CHANGE ORDER 3 ARTHUR DITCH CBC 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@fogov.00m 1 LOT EA 50,813.26 13.26 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. COMMERCIALDEfAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local ones. Our Exemption Number is I T NONWAI 98-W502. Federal Excise Tox Exemption CPnlUmto of Registry 84-600o581 is registered with the Collector of Failure of the Internal Revenue, Denver, Colorado IRK Colorado Revised Sainces 1973, Chapter 3936, 114 Fq) exerc,so a,, Goods Reject. GOODS REJECTED due to failure to men specifications, either when shipped or due to def is of any of damage in transit may be, rammed to you for credit and ere not to be replaced except upon receipt of written putclta instructions from the City tarpon Collins. of whe oral ter Inspection GOODSaresOjmltothe Cityof Fon Collinsimp bmmerrival. hereof. Final Acceptance. Receipt of the merchandise, sm'ices or equipment in response to this order can result in authorized payment on the pan of the City of Fall Collins. However, it is to be mderstuwl that FINAL ACCEPTANCE is dependent upon completion of ull applicable required inspection procedures. Freight Terms. Shipments muss be F.O.B., City of Fort Collins, 700 Wood Sr, Fort Collins, CO 80522. unless otherwise specified on Nis order. Hpmniuion is given to prepay fight and charge separately, the original freight bill most accompany invoice. Additional charges for packing will two be accepted. Shipment Distance. Where rmnufazturems have distributing points in various pros of the country, shipment is expected fmm the mmesl distribution point to destitution, and excess freight will he deducted from Invoice when Shipments are made from .to, distance. Permits. Seller Shall procure at sellers sale cast all necessary permits, certificates and licenses mcnired by all applicable luxe, regulations, ordinances and roles ofthe state, municipality, lenitory or political subdivision where the work is performed, or required by any other July constituted public authority havingjurodichan over the work of vendor. Seller further agrees to hold the City of Fall Collins harmless from and against all liability and loss incurred by Wcm by reason of an asserted or established violation of any such laws, regulations, ordinances, roles and requirements. Autherication. All panics to this contract agree that the representatives not, in fact, bona Ede and possess full and complete authority a bind Said parties. LIMITATION OF TERMS. This Purchase Order expressly limits accepance to the to. and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 3. DELIVERY. PLEASE ADVISE PURCHASING AGENT Immedinely if you cannot make complete shipment to strive on your promised delivery done as noted. Time is of the usmce. Delivery and performance must he effected within the time stated m the purchase older and the dmmmenm attached hereto. No acts of the Purchavers includin& without limitation, acceptance inflation Ise deliveries, shall operate as a waiver of Nis Provision. In the event of my delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order dsewhrre 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 contral and without its fault of negligence, sock ensid Godactsice of the military causing govemmentslpriorities,fires,strikes,Hood,epidemics,warsor note provided that notice received conditions causing such delay is given a the Purchaser r within five delivery days of the time when the Seller first received knowledge thereof. In the event of any such delay, hie data ofdelivery shall fir extended for the period equal a hie time actmlly lost by reason of the delay. 3. WARRANTY. The Sell, warrants lhat all goods, ankles, materials and work coveted by this mon will conform with applicable drawings, specifications, Samples and/or other descriptions given, will he fit for the proposes intended, and Performed with the highest degree of care and competence in accordance with mcepled standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from my 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 gaud, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescnbed by law m by the It. of my applicable watmrtV provided by the Seller after the date of acceptance of the goods marathon hereunder (xceptmm not to bit unreasodoubly delayed), resulting from imperfat or defective work done or mmmals fnombed by the Seller. Acceptance or use of goods by the Powhaer shall .1 coastiate a waiver of any claim under INS wammty. Except as whanwise provided in this purchase color, the Sellers liability hereunder shall extend to all damages proximately mused by thc breach of any of the foregoing werrom ies car guarantees, bar Such liability shall in no event include loss ofp.F,. 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 tenor by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaef may make any channel to the to., other him IegW It., including edditiom as or deleians from the quantities ongimlly ordered in the specifications or drawings, by verbal or wnnen change order. If my such change affects the amount due or the time ofperformance hereunder, an equitable adjustment shall be trade. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parries as to any work or materials then in progress Provided that the Purchaser Shall not be liable for any claims for mlicipawd profits on the uncompleted portion of the goods andtm walk, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with rmlscet to any goods which ate the Sellers sc ndard stock. No such termination shall relieve the Purchaser or the Sell. of my of their obligations as a any goods delivered hertmdm. chasm to insist upon strict performance of the tam¢ and conditions hereof. failure or delay to or remedies provided herein or by law, failure to promptly notify the Seller in the event acts once ofor payment for goods hereunder or approval of the design, shall not release the Seller of lies or obligations of this purchase older and shall not he deemed a waiver of my right of the upon strict performance hereof or any of its nghu or remedies as to any such goods, regardless rativived or accepted, as a any prior or subscqucnt default Itneural,, nor shall any puryoned or rescission of this purchase color by the Purchuer operate as a waiver of any of the it. 13. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and thol Purchaser recognize that in actual mmomic practice, ovemhargu resulting bons antitrust violations are to fact bane by the Purchase,. Theretofore, for good cause and as consideration for executing this purchase order the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter acquired underl federal or state mail , laws for such overcharges relating a the parmule, goods or services purchased or acquired by the Purchaser paramount to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. It'dw Purclahci directs the Seller a emrect nonconforming or defective goods by a date m he agreed upon by the Purchaser and tlrc Seller, and the Seller thereafter indicates its irtability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means mailable to it, and the Seller shall pay all comm asocialed with such work. The Seller Shull release the Purchaser and its contractors of any tier from all liability and claims of any nitrate resulting from the performance ofsuch work. This release a, apply even in the net of fault of negligence of Use panty released and shall extend to the directors, fificers and employees ofsuch Easy. The Sellers conuadml obligations, including warranty, shall not he doomed a he reduced, in any way, because such work is performed or caused to be performed by the Purchaser. I4. PATENTS' Whenever the �cller is required to use any design, device, material or process covered by Inner, patent, trademark or ropynSln, the Seller shall indemnify and Save harmless the Purchaser form any and at I claims for Infringement by reason of the use of such External design, device, mmterial or process in correction with the contract, and shall indemnify the Purchase for my cast, expense or damage which it may be obliged to Pay by cousin of such infringements at any time during the presmmion art after the completion of the work. N once Said equipment, or any pan thenxif or the intended use of the goodh, is in such .is held to mr¢timte iafmgemem anal the use of Said equipmmi art pan is enjoined thc Seller shall, al its oxn expense and al its option, either procure for the Purchaser the ngln to narrow using said equipment or pans, replace hie same with Substantially eqml but noninfringing impmenl, or modify it so it becomes noninfnging. 15. INSOLVENCY. If the Selltt shall become insolvent or bankmpt make m assignment far the benefir of etuditors, eppoim a mciver or ovstee for my of the Sellers property or btsimess, this order clay forthwith b, canceled by the Puchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the implantation ofthe agreement and the rights ofall parties hereunder shall he ...oil under wed governed by the laws of the State of Colorado, USA. The followingQ Additional Conditions apply only in cases where the Seller is pectoral work M1ercundor, tncluding the services of Sellers Represenmove(s), oo the premises of other. 17. SELLERS RESPONSIBILITY. The Seller shall can, all said work at Sellers own risk.61 the some is fully templeted and accepted, and shall, in case of myl accident, destruction or injury a the work and or materials before Sellers fval completion sand mcePmace, complete the work at Sellers own expense and to hie Satisfaction i f the Purchaser. When materials sand equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller underthe order. HL MSUR, The Seller disease From actor to Ut shall also a one accidn and 19. PROT' The Seller ]. CLAIMS FOR ADJUSTMENT. or nature wh Any claim for w1junmrnl must be asserted within thirty (30) days from the date the change or termination is this Purchase ordered, or all of the charges or a 8. COMPLIANCE WITH LAW. be pot or Sul The Seller warrants that all goods sold Interaction shall have been produced, Sold, delivered and famished in street contmmon, compliance with all applicable laws and regulations In which the goods Bo, subject The Seller shall execute and proceedings deliver such documents as may he required at effect or evidence compliance. All laws coal regulations required to he by reason of incorporated in agreements of this character arc hereby incorporated tondo by this reference. The Seller agrees to their ofcer inventory and hold the Pollinator hamlm fmm all carts and damages suffered by the Parcbaur, as a result of the defend hie n Sellers faihue to comply with such law, any and all j agents or an 9. ASSIGNMENT. obminN ago Neither party shall assign, number, or convey this order, or my monies due or to become due hereunder without the the Seller wi prior wrium consent of the other parry. his contract, accidents, cr 10. TITLE. Occupational The Seller warrants full, clear end unrestricted title a the Purchaser for all equipment, matcriak, and items famished in prififirramence of this e®eemmt bee and clear of my and all liens, rcztrictions. resnvations, security interest Revised 03f encumbrances and claims ix others. ell, m his own expense, provide far the payment of worker compensation, including occupational s, to its employees employed on in in connection with the work covered by this purchase order, dependents in accordance with Ile laws of the scale in which the walk R to he done. The Seller r comprehensive general liability including, but act limited in, contrmtml and automobile public Soo with bodily injury and death limits of at letat S300.0on for my ore prison, 5500,000 for any and property damage limit per accident of 5400,000. The Seller shall likewise require his my. to provide for such compensation and insurance. Before any of the Sellers or his contractors 11 des my work upon the premises of odam , the Seller shall famish the Purchaser with a cmificam mutation and insurance have been provided. Such cmificaus shall specify the date when such and insurance have been provided. Such certificates shall specify the date when such compensation expires. The Seller agrees but such compensation and insurance shall be maintained until after the mmplcted and accepted ION AGAINST ACCIDENTS AND DAMAGE& day assumes the entire responsibility and liability for my and all damage, loss or injury of any kind never to persons or property amen by or resulting f the execution ofthe walk provided for in odor or in correction herewith. The Seller will indemnify arW hold harmless the Porcbasm and any urchasers officers, agents and employees from and against any and all claims, losses, damages, whether direct or indirect, and whether to Persons or property to which the Purchaser may act by reason of any act, action, neglect, omission or default on the part of the Seller, any of his any of the Sellers or contractor officer, agents or employees. In case my suit or other all be brought against the Purchaser, or its officers, agents or employees at any time on account or ny tut action, neglect, omission or default of the Seller of my of his contractors or my of its or agents or employees as oferessid, tic Seller hereby agree to ashttruc the deRme thereof and to So t the seller own expense, a pay any and all costs, charges, attome,S fees and other expenses, Igmenm that may be incurred by or obtained against Ile Pumhah, or any of its or their officers. loyees in such suits or other proceedings, and in case judgment or other lion be placed upon or at the property of the Purchaser, or said parties in an as a result of such suits or other proceedings, at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and t shall lake all safety precautions, furnish and install all gum& necessary for the prevention of mply with all laws and regulations with regard a Safety including, bill without limitation, the safely and Health Act of 1970 and all roles and regulations issued pmsnanl thereto.