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HomeMy WebLinkAbout103166 ZAK DIRT - PURCHASE ORDER - 9136003 (4)Fort Collins Date: 04/24/2014 Vendor: 103166 ZAK DIRT 14290 HILLTOP RD LONGMONT CO 80504-9680 PURCHASE ORDER PO Number Page 9136003 1 of 2 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 Buver: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 9 CHANGE ORDER 5 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@fcgov.00nn inxe>f�:r_li 5,952.09 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. COMIdERCUU,DETAILS. Tax exemptions. By statute the City of Fort Collins is es,mpl from slate and local taxes. Our Exemption Number is I I. NONWAIVER. 98-04502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Plainer 39-26,114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval Of the design, shall not release the Sella of Goods RjeU d. GOODS REJECTED due to failure to men specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be mounted a you for credit and are not to be m,lwd except upon receipt of veriven purchaser to insist open strict performance hereof or any of its rights or remedies as in any such goods, regardless woman.. from the City of Fan Collins. of when shipped, received or accepted, as to any poor or subsequent default hereunder, nor shall any perpmtled oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fan Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, smic. or equipment in response to this area an result is 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fair Collins. However, it is to be understood that TRIAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause 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 most be F.O.B., City of Fort Collins, 700 Wood St., Far Collins, CO 80522, unless acquired under federal or stale antitrust laws for such overcharges relating to the particular goods or services Otherwise specified on this aide,. Ifummossom is given to prepay freight and cbaWa separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill mast accompany invoice. Additional charges for packing will not be arrateJ. 13. PURCHASERS PERFORMANCE OF SELLERSOBLIGATIONS.defective Shipment from thee. Where manufacturers poi have destination, ng intsexcess vanhus pans de the dfromcountry ithvoice nt is Ifthe Purchaser and t e ens r, a Seller to correct nonconforming nforming or defediy or was by a date to be aimed, a on byPurch the expected hOm the nearest neater distn point to destination, and excess freight will be deducted from Invoice when maycause and the Salle, and the med thereafter indicates its inability or unweltogness to comply, the Pm pay all shipments ere made from greater distance. may cause the work to be performed by the most expeditious means available b it, and the Seller shall pay ell costs associated with such work Permits. Seiler shall procure an sellers .Is cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller funM1er agrees to hold the City of FOR Collins harmless from and against all liability and loss incurred by them by rean of an asserted or established violation of any such laws, regulations, ordinances, rules and sorequirements Authorization. All parties to this contain agree that the representatives are, in fact, bona fide and possess fill and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the to. and conditions stated herein set forth and any supplementary or additional terms and conditions annexed harem or incorporated herein by reference. Any additional or different terms and conditions proposed by seller we objected to and hereby injected, 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and pefomance most be effected within the lime stated on the purchase order and the documents attached hereto. No acts of the Purchamrs including, without limitation, acceptance officinal lam deliveries, shall operate as a waiver of this provision. In the event of any delay, the PamM1aser shall have, in addition t0 other legal and equitable remedies, the Option cf 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 due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, g wer amonall priorities, fires, strikes, flood, epidemics, wars Or riots provided that notice of the conditions causing such delay is given to the Pu¢M1amr within live (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time wholly 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 drawings, specifications, samples and/or 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 ...pant of the Sellers breach of warranty. The Seller shall replace, repair or make good without cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the terra ofany applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting ham imperfect or detective work done or materials furuishad by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. 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 warranties or guarantees, but such liability shall in no event include has 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 may make changes to legal terms by xn car change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or women change Order. If any such change affects the amount due or the time ofperromtance hereunder, an equitable ad, nutmeat shall be mode. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as in any or all portions of the goads then not shipped, subject to very ymarble aeljustmem between the ponies as t0 any work or materials then in progress provided that the Purchase, shall not be liable for any claims for aolealsted Prefix oa the uncompleted portion of the goods motor work, for incidental or transactions] 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 termination shall relieve the Purchaser or the Seller of any oftheir obligations as to any goods delivered hereunder. 1. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and Perished or sMU omplianee with all appfieable laws and ,,.Iran., m which the Goods ure sub cat The Sella 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 are hereby incapacitated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the PurcM1zser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall sssign, transfer, or convey this order, or any monies due or to become due M1ereunder without the prior written cousent ofthe otherpany. 10. TITLE. The Sella warrants full, clear and tmesmcled title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, seamy interest encumbrances and claims of .has. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply on in the event of fault of negligence of the party released and shall extend to the directors, once. and employees of inch patty. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perfommd Or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is quimd to use any design, device, material or process covered by lever, patent trademark or copyright, the Seller shall indemnify and save harmless the Purchaser tom any and at I 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 cost, expense Or damage which it may be obliged to pay by reason of such management at any time during the prosecution or after the completion of the work. In case said equipmml or any pan thereof or the intended use of the goads, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shop, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but mninfrir ing equipment, or modify it so it becomes nownfringing. 15. DISOLVENCY. If the Seller shall become insolvent or bu dar l make an assignment for the benefit of creditors, appoint a jecaven o, 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 oftems used or the interpretation ofthe agreement and the rights wall parties hereunder shall be onstmed under and g .Oil by the laws fthe Same ofC.Imado, USA. The following Additional Conditions apply only in cases where the Sella is to perform work hereunder, including the services of Sellers Represenmtive(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellds own risk until the same is fully completed and accepted, and shall, in se of my accident, destruction or injury to the work torpor materials before Seller's final completion and acceptance, complow the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Sella 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 under the order. I S. INSURANCE, The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, maker to their dependents in accordance with the laws of the state in which the work is an be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily ma, and death limits of at least S300,000 for any one person, extruding) for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, 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 cenifirate that such compensation and insurance have been provided Such certificates shall specify the darn when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees 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 assumes the entire responsibility and liability far any and all damage, lose or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase Oder 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 any and all claims, losses, 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 contractor, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, Or its officers, agents or employees at any time On account or by reason of any act, 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 in defend the same at the Sellers own expense, to pay any and all costs, chargesattorneys fees and other expenses, any and of judgments that may be incurred by or obtained against the Purchaser Or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchase, or said parties in Or as a result chisels suits or other proceedings, the Sella will m once cause the same to be dissolved and discharged by giving Food or otherwise. The Seller aad his contractors shall cake all safety precautions, famish and install all gmrds necessary for the prevention Of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued putsuavnherete. Revised 0312010