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HomeMy WebLinkAbout103166 ZAK DIRT - PURCHASE ORDER - 9136003 (3)PO PURCHASE ORDER 913600er Page CI'hl of PURCHASE 36003 t of z ' `t Collins[ hisnumbermustappear V ` �7 on all invoices, packing sli s and labels. Date: 03/31/2014 Vendor: 103166 Ship To: ENGINEERING DIVISION ZAK DIRT CITY OF FORT COLLINS 14290 HILLTOP RD 281 N COLLEGE AVE LONGMONT CO 80504-9680 FORT COLLINS CO 80521 Delivery Date: 11/05/2013 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 7 CHANGE ORDER 4 1 LOT EA -23,951.01 ARTHUR DITCH CBC s CHANGE ORDER 4 1 LOT EA 23,951.01 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.wnn 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. COMMERCIALDETAILS. Tax exemptions. By some the City of Fort Collins is exempt fmm sate and local taxes. Our Exemption Number is 11. NONWAIVER. 984)4502. Federal Exese Tax Exemption Cmifina, of Registry ldsafg0587 is registered with the Collector of Failure of the Purchaser to Iowa upon smict performance of the ones and conditiow hereof, failure or delay m Internal Revenue, Deaver, Colorado (ReL Colorado Revised Shama 1973, Chapter 39-26. 114 (a). exercise any rights or remedies provided herein Or by law, failure to promptly notify tare Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not relmu the Seller of Goods Rejeamd. GOODS REJECTED due to failure to meet specifications, eitha when shipped or due fo defects of any of the warranties or obligations of dais purchase order and shall not be deemed a waiver of any right ofthe damage in transit, may be resumed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon scrim performance hereof or any of its nights or remdies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, wit shall any punpon d oral codification or rescission of Nis purchase order by dre purchaser operate as a waiver of any of tbe terms Inspection. GOODS ate subject to the City of Fort Collins inspection on ntrival. hereof. Final Acceptance. Receipt of the merchandise, service, or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be undernood that FINAL Seller and the Purchaser recognize that in actual economic e practice, overchargresulting from antitrust ACCEPTANCE is dependent upon completion of of applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, foorgood muse 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 Freight Terms. Shipments must be FOR, City of Fart Collins, 7W Wood St., Fart Collins, CO 80522, unless acquired under federal or was mtimem laws for such mood argcs Elating to fine Particalar goods or services otherwise specified on this order. If permission is given to prepay, freight and charge separately, the original freight purehasd or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest dimribmion point to destitution, and excess freight will be deducted fmm Invoice when shipments are made from greater disanre. Permits. Seller shall Private at sellers sole cost at necamary parents, caniftrater road liccoses rape d by all applicable laws, regulations, on ininces and toles office state, municipality, Ertitory or political subdivision where the work is performed, or required by any other duly eructihned public authority having jurisdiction over the work of vendor. Seller father egress to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason offer armed or establishd violation of any such laws, regulations, embarrasses, toles and requirements. Authorization All pries to this contract agree that the representatives are, in fact, bow fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance m the from and conditions motel herein set ford and any supplementary or additional isms and conditions arommul hereto or unenforced herein by reference. Any additional or different t ran and conditions proposed by seller are objected to and hereby¢jeered. 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 effected within the time stated on the purchase omen and the documents amachN hereto. No acts of the Pochattrs including, without limitation, acceptance of partial late delivma. shall operate its a waiver of this provision. In the event of any 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 Sella shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable central and without its fault ofnegligence, such is of God, rich, ofcivil ormilitary amhnifiss, goviu mural priniics,fires, strikes, flood, epidemics, warsor riots provided that notice of the conditions causing such delay is given to the Purchaser within five (51 days of the time when de Seller first received knowledge therm[ In the went of any such delay, the data of delivery shall be extended (or roe peril opal o the time xnally lost by eawn o(the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples ardor 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 mature. The Seller agree to hold the pmchem harmless fmm any loss, damage or expense which the Purhaser may suReror incur an account of de Sellers breach of avant The Seller shall replace, repaircur make good, withom costto the pueheer, any defters or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the terms army applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchases shall not constitute a waiver ofany claim seder this warranty. Except as otherwise provided in this purchase order, the Sellers liability herunda shall extend mall damages proximately mused by the breach of my of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or less of ate. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal it. by wrten change Omer 5. CHANGES IN COMMERCIAL TERMS. The purchaser may make any changes m the moms, other than legal fumes, including aditiew to or deletions from the quantities originally ordered in one sped icatiow or drawing, by verbal or action change order. If any such change oRects the amount due or the time of performance hereunder, an equitable adjustment shotI be made. 6. TERMINATIONS. The Purchmer may of any time by written change order, terminate this agreement as to any or all Formes of the goods then not shipped cuff to my Wuitable adjustment Women the ponies or to any work or mmeriah then in progress provided that the Purchaser shall not be liable far any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or wits quential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such lamination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for iffl mfmmt must be tssserted within Jury (30) days from de date the change or manizien is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in striat compliance with all applicable laws and regulations of which the goods are subject The Seller shall execute and deliver such documents as may be required in affM or evidence compliance. All laws and regulations required Or be incorporated in agreements of this character art herby incorpo coed herein by this reference. The Seller agrees to indemnify and hold the Purchaser homeless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pror, shell assign, vansfer, or convey this order, or my marries due or to became due hereunder, without the prior wrinm consent of the other pray. 10. TITLE. The Seller warrants full, clear and marameted tide 0 the Purchaser, for all equipment, materials, and items fiunishcd in performance of this agreement fan and clear Of any cost all liens, restrictions, reservations, securiy interest encumbrance and claims of.t .. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to cored nonconforming or defective goods by a dare to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may now the work to be Performed by the most expeditions means available to it, and the Seller shall pay all cants associmd with such work. The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party relented and shall mind to dre directors, officer and employees of such parry. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, ai any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, devitt, material or process covered by lamer, pmmt, taderwrk or copyright, the Seller shall indemnify and save harmless the Promfsser fmm any and all claims for infringement by reason of fire use of such patcoted design, devitt, material or procass in connection with fire contact, and shall indemnify the Parebacr for any cost, 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, or 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 pm is enjoined, the Seller shall, at its most expense and m its option, either Income for the Purchaser the right to rominue using said equipment or pants, replan the same with substantially equal but noninfringing equipromr, or modify it an it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, made an assignment for the benefit of creditors, appoint a or trustee for any of the Sellers property or business, this mda may forthwith be canceled by the narrower without liability. 16. GOVERNING LAW. The defirinums of terms used or the interprmmlon mf the egoemont and the rights i f all parties hermnda shall be construed under and govaned by the laws of the State ofCelomde, USA. The following Additional Conditions apply only in cases where She Seller is to perform work Fsmarnal including tic smite, of Sellers Represrntmive(s), on the precosa afothera 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers awn risk until the same is fully completed and accepted, and shall, to are of any accident, destruction or injury to the work -Nor materials before Seller's final completion end acceptance, complete the work at Sellers own expense and to the smisfaaion of the Purchaser. When morma s and equipment are Ermined by others for installation or erection by the Seller, the Sella shall receive, unload, store and handle same in the site and become rapowible therefor as though such materials anther equipment were being famished by the Seller under the order. IS. INSURANCE:. The Seiler shall, at his own expense, provide for the payment of workers compensation, including Occupational ilk. benefits, to its employees employd on or in connection with the work covets by this punkas, omit, ad/ar E their depcadrnrs in acordance with the laws of the more in which the work is to be from. The Seller shall also wrty comprehensive gored liability including but not limited to, contractual and automobile public liability insurance with bodily injury and death [farm of at lard $300.000 for any one Person, 5500,000 for any one accident and property damage limit per accident of $4(10,000. The Seller shall likewise require his mntmcmrs, 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 emificate chat such comparison and insurance have been provided Such cenificme shall specify the data when such compensation and insurance have been provided. Such certificate, shall specify the date when such compensation and insurance expires. The Seller agree that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ass toes the anti a raporesibility ad liability for any and all damage, In. or cap, of any kind or nature whatsoever to Wrsow or property caused by or resulting from the exertion ofthe work pmvidd for in this purchase order or in connection herewith. The Seller will indemnify and hold broader, the Pmchvser and my or all of the Purchasers olBrma. agents and employees fmm and against any and all claims, losses, dammm, charges or expenses, whether direct or indirect, and whether to persons or pm sty 10 which the Purchaser may be put or subject by mason of any act, action, neglect, omission Or default on the pan of the Seller, my of his contractors, or any of the Sellers or contractors oRc us, agents or employees. In care my suit or other proceedings shall be bought against the Purchases, or its officers. agena Or employees at any time on acmunt or by reamn of any rat action, neglect, omission or default of the Seller of my of his contractors or any of its or their ifcers, agents or employees as aforesaid, the Seller hereby agrees 1. assume the defense therm( and to defend the same in the Sellers own expense, to pay any and all costs, charges, auomeya fees and other expenses, any and all judgments that may be incurred by Or obtained against the Purchaser or any of its or their officers, agents or employees in such auto or other proceedings, and in case judgment or other him be placed upon or obtaned against the property of the Purchmer, or said ponies in or as a result ofsuch suits or other proceeding, the Sella will in once cause the scone to be, dissolved and dschargd by giving bond or otherwise. The Seller and his contractors shall take all safety Precautions, famish and install all gusrds neseary for tare prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupatlaral Safety and Health Act of 1970 and al I toles and regulations issue pursuant formic. Revised 012010