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HomeMy WebLinkAbout103166 ZAK DIRT - PURCHASE ORDER - 9136778 (2)Fort Collins Date: 06/06/2014 Vendor: 103166 ZAK 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 "`""""Y UOM Unit Price """` 5 CHANGE ORDER 2 6 CHANGE ORDER 2 I�lx':�I"ll• iLSiy� -I 1 LOT EA 1,095.12 273.78 Total $1,368.90 Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Teffns and Conditions Page 2 of 2 L COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Call ins is exempt from state and local taxes. Our Exemption Number is II. NONWAIVER. 98-04502. Federal Excise'Tax Exemption Certifezm of Registry 84-6000589 is registered with the Collector of Failure of the Purehmer to insist upon 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 provided fiemm or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval Office design, shall not release the Seller of Good Rejected. GOODS RD ECI'ED due to failure to meet specifications, either when shipped or due to defects of any of the semen tin or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of wrirten purchaser to insist upon strict performance hereofor any of its rights or remedies m to any such good, regardless instructions flour the City of To. Collier, of when shipped, received or mounted, W to any prior or subsequent default hereunder, nor shall any purported car modification or rescission of this purchases order by the Purchases operam as a waiver of any of the toms, Inspection. GOODS art subject to the City of Fort Collins inspection on arrival. hereof. Fiw1 Acceptance. Receipt of the merchandise, omice, or equipment in response, to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment oa the pan of the City of Fbr Collins. Iloweam, it 4 tp be understood thin FINAL Sella and the Purchaser rteragniac that in moral aromatic materiel ovachmges resulting from anlim.a ACCEPTANCE is dependent upon completion ofall applicable acquired inspection procedures. violations are in fact borne by The Pumbaser, Thermofore, for most sous and as coeridersom for executing this purchvm order, The Seller hcrtby aasigaes to the Pmchasm any and all claims it troy caw have or hereafter Freight Tents. Shipments mud be F.O.B., City of Fon Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal Or sum antitrust laws for such ovemlfist Piloting to the paniculer goals or service, otherwise specified on this order. Ifpermission is given to prepay freight and charge separately, The original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most wmmmnv invoice. Additiomal ounces for drrkin, will trot be accented. Shipment Distance. Wooer manufacturers have distributing painx in varwass Irons of the country, shipment is expected from the nearest distribution Point to distinction, and excess freight will be dductal tram Invoice when shipments me made from mTer distance. Pali Seller shall procure at sellers sole cost all necessary, permits, certificates and licenses required by all applicable laws, regulations, ordinances and ales of the rate 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 further agrees to hold the City of Fart Collins harmless film and ageimt all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordlwnces, rules and remormaxi Authorization. All putties to this contract agree that The upresentmives are, in fact, bona fide and possess full and nmplem authority m bind said pities. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions slated herein set forth and any supplementary ar ndditioreal tears and condition, annexed harem or incorporated herein by reference. Any additional or di flat terns and emditiOn, proposed by seller me objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT innmedimely if you cannot make complete shipment to hive on your pmmisW delivery elute as noted. Time is of the essence. Delivery and pcdomauem must be affected within the lime ,fated on the purchase abler and Ilse Anct en is ....Proud harm- No acts of The Purchasers meludin,, villomt limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other Iegnl and equitable remedies, the option of placing this Omer elsewhere and holding the Seller liable for damal l however, the Seller shall not be liable for damages as a recall of delays due to causes ram ar—or ily foreseeable which arc be and its reasonable mntml and without its fault of negligence, such acts of God, acts nfer"I or military authorities, Vocational priorities, fires, strikes. Rood, 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 of any such delay, the date of delivery shall be extended for the penal equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, .materials and work covered by this order will conform with applicable drawings, specifications, samples uni other descriptions given, will M fit for the purposes Potential, and performed with the highest degree of care and competence in accordance with areepted standards for work of a similar mature. The Seller agrees to hold the purchaser M1mmless from any loss, damage or expense which rise Pirelli may suffer or invariant ...at of the Sellers breach of w'armnry. The Seller shall replace, repair nr make good without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as maybe prescribed] by law or by tM terms of any applicable womanly provided by the Seller after the dam of acceptance of The good famished hereunder (mttptance Put to be unreasonably delayed), mulling from imperfect or defective work done or mmerials famished by the Seller. Acceplancs, or use of guests by The Pumbdxa shall not coerlimte a waiver of my claim under this wmranty. Except as otherwise provided in This purchase order, the Sellers liability hereuardef shall extent P. all damages proximately caused by Had breach of any of the foregoing warranties or premiums, but such liability shall in tut even 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 Purchase nay make changes to legal terms by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the most other than legal mans, including additions to or deletions tram the ilmaui originally ..Need in the sWifiwtion, or drawings, by verbal or written change order. If any such change affects ibe amount due or the litre of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement m to mry or all portions of hie good then not shipped, subject To any equitable adjustment between the patties as to any work ar muerials then is progress provided Nat the Purchaser shall ram be table for my claims far anticipated muffles on The uncompleted portion ofthe goods and/or work, for incidental or consequential damages, and That no such adjustment be made in favor ofthe Seiler with respet to any good which art the Sellers standard stock. No such termination shall relieve The Purchaser or the Seller of any of their obligations as to any good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assumed within thirty (30) drys from the date the change or temaiwtion is ordered. 8. COMPLIANCE WITH LAW. The Seller .at, that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with allapplicable laws and regulations m 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 art hereby incorporated herein by this reference. The Sell,, agrees to indemnify and hold the Purchaser harmless from at I costs and dmeges afined by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, Transfer, or convey this order, or any monies due or to become due hereunder without Ne prior written common ofthe other prey. 10. TITLE. The Seller wamnts full, clam and unrestdaed title or the Purchaser for all equipment materials, and items Formulated in performance of this agreement, free and clear of any and all tiers, emotionalist, Maximum, security interest encumbmncn and claims of radicals. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifahe Perehase directs the Seller to carrier nonconforming or deft tive gaud by a date to be agreed upon by the Purehmer and The Sella, and the Seller thereafter indicates its int iliry or unwillingness f comply, the Purchaser may cause the work to be performed by the most expeditious mcaer available to it, and the Seller shall pay all costs aaaociared wills such wark. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any rartae mulling from The mohnim usco fsuch work. This relcam shall .,Iy even in the event of fault of negligence of the parry released and shall extend ao the directors, officers and em iloyces Of such pony. The Sellers contractual obligations, including warranty, shall not he decmod to be reduced, in any way, because such work is perforned m caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is a Simms! m use any design, device, material ar process covered by lever, patent, trademark or copyright, the Seller shall indemnify and save horn less the Purchaser from any and all claims for infngement by reason of the use of rule p failed deign, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cast expense nr derange which it may be abliged to pay by reason of such infringement at any time during the promion ion or after the completion of the work. In case said equipment, or any pan ihercof or the intended use of the Bonds, is in such suit held To constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its awn expense and of its option, either procure for the Purchaser the right to continue using said equipmen ar puts, replace the now with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become 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 may forthwith be canceled by the Purchamr without liability. 16. GOVERNING LAW. The definitions ofterms dead or the interpretation ofthe agreement and the rights of all panics hereunder shall be screamed under and gavemed by the laws ofthe State afColmands, USA. The following Additional Conditions apply only in cases where the Seller is to perform work herewder, including the services of Sellers Repeemntative(s), on the premises of.thers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said wad in Sellers own risk must the same is fully completed and accepled, and shall, in me of any acddent destruction or injury to the work ani materials before Sellers final completion Tied acceptance, complete The work at Sellers own expeere and to the satisfaction of the Foreteller. When materials and equipment on, famished by Patient for installation or erection by the Seller, the Seller shall receive, uv[and, store and handle some at hie site and become respora bid Therefor as though such mmeriaals and/or equipment were being Ermined by the Seller under The order. I& INSURANCE The Seller shall, at his own expense, provide for to, payment of workers compensation, including sompatioal disease benefits, to its employees employed on or in connection with me work covered by this purchase order, am sor to Neu depeMents in accordance wiN the laws of the state in which the work, is to be doom. The Seller shall also cart, comprehers,ive general liability including, but not limited to, carcinoma] and automobile public liability iTax umnce with Ldily injury am ham lima. of aT lout $301,Mro for any one person, S500,000 for any one accident aid property damage limit per accident of $400,000. The Seller shall likewise mtuim his contractor, 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 oNcrs, the Seller shall furnish the Purchaser wiN is certificate Out such comilessainion and insumnse have been provided. Such cerifica es shall specify the dam when such compensation and insurance have been provided. Such cenifcalics shall specify the date when such cornpewhor and insurance expires. The Seller agrees that such compenmtion rand insurance shall be maintained Park offer the entire work is completed and accepred. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the catim responsibility and liability for any and all S maSe loss or injury of any kind or nature whatsoever la persons or property caused by or reselling from the execution efthe work provided for is this purchase order or in connection herewith. The Seller will indemnify and hold berries, the Purchaser and any cr all of the Purchasers oM ors, agents and marbly. from and against any and all claims, losses, damages, harges or expenses, whether direct or indirte, and whether to persons or primary to which the Purchase may be put or subject by reason of any rot, action, neglect, omission as default on the part of the Seller, any of his contractors, or any of the Sellers or conmcmrs officers, agents or employees. In case any suit or other marauding, shall be brought .gains) the Purchaser, or its Officers. agents mr employees at any time on account of by reason of any act, action, neglect omission or default of the Seller of any of his contractors a any of its ar their officers. agents oe employees as aforesaid, the Seller hereby agrees to msiod, the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, amorm s fees and other expenses, any and all judgments OUT may be incurred by or obtained against He Purehmer or any of its or their officers, agents or employer in such suits oe other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said farthes in or as a result of such suits or other proceedings, The Seller will at once came the same to be dissolved anal discharged by giving band or otherwise. The Seller and his contractors shall Pike all safety precautions, famish and install all guards necessary for the prevention of mcidents, comply with all Less and regulations with regard m safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuant theme. Revised RICOH